Earlier editions: 2026-07
Atascadero Municipal Code Ch. 2 Building Code
Atascadero Municipal Code · 2026-10 edition · updated 2026-10-04 · Atascadero
Cite as: Atascadero Municipal Code Chapter 2 · Text as of 2026-10-04
§ 8-2.101. Modifications of the California Building Code.¶
(a) Delete Chapters 18A (as applicable), 27, 28, 29-30, 31A, and 31C.
(1) Modify Section 3101B Scope to remove Mobile Home Parks.
(b) Delete all appendices in their entirety, except for:
(1) Appendix B—Board of Appeals, see AMC Section 8-2.101(k) for modifications to the Board of Appeals code.
(2) Appendix F—Rodent Proofing, in conjunction with Section 4.406.1 of the 2025 California Green Building Standards.
(3) Appendix H—Signs.
(4) Appendix J discuss with PW for enforcement, see amendments below.
(5) Appendix P—Sleeping Lofts.
(6) Appendix Q—Emergency Housing: As declared by the City Manager, consistent with California Government Code Section 8698.
(c) Amend Section 105.1 to read as follows:
105.1 Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, or regrade, re-pave, re-surface, re-stripe or otherwise alter a parking facility, the installation of which is regulated by this code, or cause any such work to be done, shall first make application to the building official and obtain the required permit.
(d) Add Section 105.1.3 to read as follows:
105.1.3 Used Mobile Homes, Railroad Cars, and Similar Assemblies. Used mobile homes, railroad cars, cabooses, and similar assemblies shall not be moved into or relocated within the City limits for habitation, storage or any structural purpose without approval of the Building Official. Said structures do not qualify as conventional construction, and therefore compliance with all applicable codes shall be substantiated by a California licensed architect or engineer.
(e) Amend Section 105.2 to read as follows:
105.2 Work Exempt From Permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
(1) One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the net floor use area is not greater than 120 square feet (11 m2).
(2) Fences, other than swimming pool barriers, not over 6 feet (1,829 mm) high.
(3) Oil derricks.
(4) Retaining walls and non-retaining walls, including masonry and concrete free-standing walls, that are not over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
(5) Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18,925 L) and the ratio of height to diameter or width is not greater than 2:1.
(6) Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.
(7) Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work.
(8) Temporary motion picture, television and theater stage sets and scenery.
(9) Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L) and are installed entirely above ground.
(10) Shade cloth structures constructed for nursery or agriculture purposes, not including service systems.
(11) Swings and other playground equipment accessory to detached one- and two-family dwellings.
(12) Window awnings in Group R-3 and U Occupancies, supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.
(13) Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.
(f) Add Section 105.2.3 to read as follows:
105.2.3 Height Limitation. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, exempt from a building permit under Section 105.2, shall not exceed 12 ft. in total height unless approved by the Chief Building Official.
(g) Add Section 105.5.2 to read as follows:
105.5.2 Permit Expiration by Limitation. A building permit issued under the provisions of this code and the adopted codes shall expire by limitation and become null and void under the following circumstances:
(1) If the project, after the first passed inspection, has a period exceeding 180 days without a passed inspection.
(2) If two or more 180-day extensions have been granted without any passed inspections to keep the permit active.
(3) If a new code cycle has been adopted after the issuance of two or more 180-day extensions, the Chief Building Official may determine—based on the current stage of construction—that code updates must be submitted and approved to proceed with the project.
| Inspections applicable to keeping an issued permit active are listed in CBC Section 110.3. |
|---|
| 105.5.2.1 Expiration of Permit for Unlawful Construction. Notwithstanding any provision of Section above, or any other provision of this chapter, if a building permit was issued in order to bring an unpermitted structure or other unlawful, substandard, or hazardous condition into compliance with any applicable law, or ordinance, such permit shall expire by limitation and become null and void ninety (90) calendar days after the date on which the permit was issued. The building official may extend the validity of the permit for a period not exceeding ninety (90) calendar days beyond the initial ninety (90) day limit upon written request by the applicant filed with the building official prior to the expiration date of the original permit. |
(h) Add Section 105.5.3 to read as follows:
105.5.3 Expired Permits. Any permit that has exceeded more than 30 days past the expiration date.
105.5.3.1 Reactivating an Expired Permit. An expired building permit may be reactivated when all of the following conditions are met:
(1) A licensed design professional has conducted an observation of the partially completed construction project and provided a written evaluation of the current condition of the work completed to date.
(2) Trade-specific contractors have evaluated the previously installed components to verify the condition and code compliance of materials and workmanship.
(3) Updated plans have been submitted to the City for review, incorporating the licensed design professional's detailed observations and reflecting compliance with the current applicable code cycle.
(i) Amend Section 105.7 to read as follows:
105.7 Placement of Permit. The building permit and approved set of plans shall be kept on the site of the work until the completion of the project.
(j) Amend Section 109.4 to read as follows:
109.4 Work Commencing Before Permit Issuance. Any person who commences work on a project regulated by this code before obtaining necessary permits shall be subject to the following investigative fee:
(1) First offense: $100.00 investigative fee.
(2) Second offense: $250.00 investigative fee.
(3) Third and any consecutive offense: $500.00 investigative fee each offense.
(k) Amend Section 113 to read as follows:
Building Code Appeals Hearing Officer:
113.1 Appeal Board Members. The City Manager of the City of Atascadero shall appoint no less than three board members and no more than five members who must be knowledgeable in building codes, regulations, and ordinances, including specialty trades, including, but not limited to, structural engineering and combustible materials, when necessary. In no instance shall an appeal board member be an employee, appointed, or elected official of the City of Atascadero.
113.2. Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form or construction is proposed. The hearing officer shall have no authority to waive requirements of this code.
113.3. Hearing Procedure. Hearing procedure shall be consistent with Title 12 Chapter 2 (Section 12-2.09) of the Atascadero Municipal Code.
(l) Amend Appendix J as follows:
J103.3 Administration and Enforcement.
J103.3.1 Work Stoppage. Whenever the Chief Building Official/City Engineer determines that the work does not comply with the terms of the permit or of this Ordinance Section, they may order the immediate cessation of all work hereunder until such corrective measures have been completed.
J103.3.2 Right of Entry. Whenever the Chief Building Official/City Engineer or designated subordinate(s) have reasonable or probable cause to believe that there exists accelerated erosion and/or a violation of this Ordinance Section, they may enter such site at all reasonable times to inspect the same, to perform any duty imposed upon them by this Ordinance Section; providing that if such premises are occupied, they shall first present proper credentials and request entry, and if the premises are found to be unoccupied, they shall first make a reasonable effort to locate the owner or other person having charge or control of said premises and request entry. If such entry is refused or the owner or person having charge or control cannot be located after reasonable effort, the Building Official shall have recourse to every remedy provided by law to secure entry and abate the erosion or violation.
J103.3.3 Notification of Violation. Any person found to be in violation of the provisions of this Ordinance Section shall be required to correct the problem upon written notification from the Chief Building Official/City Engineer or designated subordinate(s). Such written notification may require that certain conditions be adhered to in the correction of the problem. These, may include, but are not limited to, the following:
| (1) | Use of specific erosion control techniques. |
|---|---|
| (2) | Submittal of plans and specifications to be approved by the Community Development Department, and any other department affected by such work, prior to the commencement of corrective work. |
| (3) | Completion of corrective work within a specified time period. |
J110.3 Erosion Control. The applicant shall submit an Interim Erosion and Sediment Control Plan. This can be incorporated on the Grading Plan and shall include the following information:
| (1) | Maximum surface runoff from the site as calculated using the method approved by the Public Works. |
|---|---|
| (2) | A delineation and brief description of the surface runoff and erosion control measures to be implemented, including, but not limited to, types and methods of applying mulches to be used. |
| (3) | A delineation and brief description of vegetative measures to be taken, including but not limited to, seeding methods, the type, location and extent of existing and undisturbed vegetation types, and a schedule for maintenance and upkeep. |
| J110.4 Dust and Mud Control Measures. Contractors performing grading operations within the City where dry conditions or wet conditions are encountered shall adequately and effectively control dust or mud from spreading off site or onto existing structures on site. Prior to commencement of grading operations, contractor shall furnish details of proposed dust or mud control measures to the City Engineer for approval. Failure to control dust or mud from grading operations shall result in suspension of grading operations until adequate measures are in place to allow continuance. |
(Ord. 693, 2/24/2026)
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