Atascadero Municipal Code Ch. 1 Administrative

This title shall be known as the City of Atascadero Building Construction Code, Title 8 of the Atascadero Municipal Code.

(Ord. 693, 2/24/2026)

(a) Scope. Title 8 shall serve as the administrative, organizational and enforcement rules and regulations for the technical codes and other building and property health and safety regulations within this title which regulate property maintenance and site preparation, construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, grading, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings and structures.

(b) Intent. The purpose of this code adopted hereby is to provide minimum standards to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, accessibility, sustainability, resiliency, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations.

Certain changes and modifications have been made in the adoption of this code because of the requirements of specific local conditions. Consistent with this purpose, the provisions of this code are intended and always have been intended to confer a benefit on the community as a whole and are not intended to establish a duty of care toward any particular person.

(Ord. 693, 2/24/2026)

(a) The California Building Standards Commission, Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 7, 8, 9, 10, 11, to 12 of the California Code of Regulations. Each of which are on file in City offices, identified by the Seal of the City of Atascadero, marked and designated as:

(1) 2025 Edition of the California Administrative Code published by the International Code Council, for reference only;

(2) 2025 Edition of the California Building Code (CBC) (Volumes 1 and 2) published by the International Code Council;

(3) 2025 Edition of the California Residential Code (CRC) published by the International Code Council;

(4) 2025 Edition of the California Electrical Code (CEC) published by the National Fire Protection Association;

(5) 2025 Edition of the California Mechanical Code (CMC) published by the International Association of Plumbing and Mechanical Officials;

(6) 2025 Edition of the California Plumbing Code (CPC) published by the International Association of Plumbing and Mechanical Officials;

(7) 2025 Edition of the California Wildland-Urban Interface Code (CWUIC) published by the International Code Council;

(8) 2025 Edition of the California Fire Code (CFC) published by the International Code Council;

(9) 2025 Edition of the California Green Building Code (CALGreen) published by the International Code Council;

(10) 2025 Edition of the California Energy Code published by the International Code Council;

(11) 2025 Edition of the California Historical Building Code published by the International Code Council;

(12) 2025 Edition of the California Existing Building Code published by the International Code Council;

(13) 2025 Edition of the California Referenced Standards Code published by the International Code Council.

(b) In addition to the referenced books above, the following have also been adopted:

(1) 2024 Edition of the International Property Maintenance Code published by the International Code Council;

(2) 2021 Edition of the International Solar Energy Provisions and Commentary, for reference;

(3) 2021 Uniform Solar, Hydronics and Geothermal Code, for reference;

(4) 2024 International Swimming Pool and Spa Code, for reference;

(5) 2018 Rainwater Harvesting Systems, for reference only.

(c) These codes are hereby adopted in their entirety — including all chapters, sections, and appendices, regardless of whether they have been adopted by agencies of the State of California — as the Building Construction Regulations of the City of Atascadero. The provisions of said codes are hereby referenced, adopted, and incorporated herein by this reference as if fully set forth in this chapter, except as otherwise modified herein.

(Ord. 693, 2/24/2026)

(a) Conflicts. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. When conflicting provisions or requirements occur within this code or between this code and other codes or laws, the most restrictive provisions shall govern. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

(b) Other Laws. The provisions of this code shall not be deemed to nullify any provisions of local, state, or federal law.

(c) Referenced Codes and Standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.

(d) Partial Invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts and provisions.

(e) Existing Structures, Systems and Equipment. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public and provided continued use is not dangerous to life, health and safety.

(Ord. 693, 2/24/2026)

(a) Authority. Building Services Division of the Community Development Department: There is hereby established in the City of Atascadero a Development Services Division ("Building Services") which shall be under the administrative and operational control of the Chief Building Official. When the term "authority having jurisdiction" or "code official" is used in the adopted codes, it shall mean the Chief Building Official.

(b) Exception: Whenever the terms "Building Official" or similar designations are used in the California Fire Code and the California Wildland-Urban Interface Code, they shall be understood to refer to the City of Atascadero Fire Marshal.

(Ord. 693, 2/24/2026)

(a) Authority. The Chief Building Official (CBO) is hereby authorized and directed to enforce all provisions of this code and to conduct inspections in accordance with each code adopted and amended under Title 8 of the Atascadero Municipal Code. The CBO shall have the authority to interpret this code and to adopt and enforce rules, supplemental regulations, policies, and procedures to clarify its application. All such interpretations and regulations shall be consistent with the intent and purpose of this code. Policies and procedures shall not waive any requirements explicitly stated in this code. The CBO is further authorized to develop and enforce guidelines and policies, as necessary, to ensure the safety of life, limb, health, and property, and to carry out the purpose of this code. The CBO shall classify every building, or portion thereof, into one of the occupancies set forth in this code according to its use or the character of its occupancy.

(b) Deputies. The CBO may appoint such number of technical officers, inspectors, plans examiners, assistants, and other employees as shall be authorized from time to time. Such employees shall have powers as delegated by the Building Official. The Building Official may deputize such employees as may be necessary to carry out the functions of the Building Department.

(1) Permit Technicians. Under delegation by the Building Official, may exercise independent judgment in evaluating various situations and making determinations at the permit issuance counter. These determinations may include accepting, reviewing, and processing completed building permit applications; ensuring all information is accurate, complete, and in compliance with the California Building Codes and other applicable regulations; advising applicants on necessary corrections for plan submittal acceptance; addressing associated fees, licensing requirements, and application or permit extensions and reinstatements; and determining occupancy classifications, types of construction, CSLB classifications, and business license requirements. The Permit Technician also coordinates with relevant agencies regarding permit requirements and must possess knowledge of basic construction components and practices. Additionally, the Permit Technician provides technical assistance in issuing construction and development permits to ensure compliance with applicable State and local development codes and regulations.

(c) Applications and Permits. The Building Official or its deputies shall receive applications, review construction documents and issue permits for the erection, construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, grading, removal and demolition of every building or structure, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.

(d) Notices and Orders. The Building Official or its deputies shall issue all necessary notices or orders to ensure compliance with this code.

(e) Inspections. The Building Official or its deputies shall make all the required inspections, or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.

(1) Inspection Requests. Inspection requests should only be made after the requester has verified that the work to be inspected is complete and ready. Upon arrival, the inspector will assess whether the work is sufficiently complete to proceed with the inspection. If the work is found to be incomplete or not ready, a correction notice will be issued indicating not ready or incomplete.

(2) Reinspection. A reinspection fee may be assessed by the Building Official or designee to control the practice of calling for inspections before the job is ready for such inspection or reinspection. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

(f) Identification. The Building Official or its deputies shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

(g) Right Of Entry. Where it is necessary to make an inspection to enforce any of the provisions of, or perform any duty imposed by this code or other applicable law, or where the Building Official or an authorized representative has reasonable cause to believe that there exists, or may exist, in a structure or upon a premises a condition which is contrary to or in violation of this code or other similar law, which makes the structure or premises noncompliant, unsafe, dangerous or hazardous, the Building Official or an authorized representative is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code or other applicable law, provided that if such structure or premises be occupied, that credentials be presented to the occupant and entry requested. If such a structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry.

(h) Unlawful Continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a misdemeanor violation consistent with Section 12-1.05.

(i) Authority to enforce Unsafe Building. Any person who occupies or enters a building or structure after the structure has been posted with an "Unsafe to Occupy" notice, except under the direction of the Building Official to evaluate or perform building repairs, shall be subject to a misdemeanor violation consistent with Section 12-1.05.

(j) Authority to Enforce Restricted Use Buildings. Any person who occupies or enters a building or structure after the structure has been posted with a "Restricted Use" notice, except under the direction of the Building Official to remove personal items, shall be subject to a misdemeanor violation consistent with Section 12-1.05.

(k) Emergency Power. Where the Building Official determines that an imminent life safety hazard exists in a building or with regard to a structure or premises, that requires immediate containment, correction or elimination, or other actions to protect public health and welfare, the Building Official or his/her designee may exercise any or all of the following:

(1) Order the immediate evacuation of all persons and prohibit occupancy, reentry, or use of the premises until the hazard has been fully eliminated and all repairs and corrective actions, including all required permits and inspections, have been completed.

(2) Post the premises as unsafe, substandard, or dangerous, and regulate or restrict access by all persons until an order to vacate and/or a notice not to enter is rescinded in writing.

(3) Cause any water, electrical, gas, mechanical, plumbing, or other system connections or installations that are affected by or could contribute to the hazard to be disconnected or otherwise rendered inoperative.

(Ord. 693, 2/24/2026)

(a) The following official placards shall be used to designate the condition for occupancy of buildings or structures:

(1) Green: "Inspected—Lawful Occupancy Permitted" is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.

(2) Yellow: "Restricted Use" is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restriction on continued occupancy.

(3) Red: "Unsafe—Do Not Enter or Occupy" is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstances except as authorized in writing by the Chief Building Official or authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damaged encountered.

(4) "Stop Work" placard or correct notice is issued under the following circumstances:

a. No Permit. Work is being performed without obtaining the appropriate Building Permit.

b. Permit Violation. Work outside the scope of work is being performed.

c. Code Violation. Work/construction which is contrary to the Atascadero Municipal Code.

(b) Once the placard has been attached to the building or structure, it shall not be removed, altered or covered until authorized by the Chief Building Official. It is unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section.

(Ord. 693, 2/24/2026)