§ 19.04

Express findings: Pursuant to Health and Safety Code Sections 17958.7 and 18941.5, the Marin County Board of Supervisors hereby finds adoption of the following appendices are necessary because of local climatic, geological, and/or topographical conditions:

(1)

Adoption of Appendix C of the 2025 California Building Code regulating group U agricultural buildings is reasonably necessary because Marin's local climatic and topographical conditions (which have historically allowed for large-scale and varied agricultural uses to thrive) are requisite factors supporting our need for the added provisions contained in this appendix.

(2)

Adoption of Appendix Q of the 2025 California Building Code providing for emergency housing is reasonably necessary because Marin's local climatic, topographical, and geological conditions increases the vulnerability of our aging housing stock to damage from known and future extreme weather, fire, slopefailure, and seismic events.

(3)

Adoption of Appendix BB of the 2025 California Residential Code regulating tiny houses is reasonably necessary because Marin's topographical conditions reduce the availability and viability of providing sufficient dwelling sites to respond to increased demand for housing;

(4)

Adoption of Appendix BI of the 2025 California Residential Code regulating light straw-clay construction is reasonably necessary because Marin's local climatic and topographical conditions insofar as our climatic seasonal reduction in vegetative moisture content, combined with Marin's populated steep terrain, prescribe the application of construction materials which are naturally resistant to wildland fire exposure;

(5)

Adoption of Appendix BJ of the 2025 California Residential Code regulating strawbale construction is reasonably necessary because Marin's local climatic and topographical conditions insofar as our climatic seasonal reduction in vegetative moisture content, combined with Marin's populated steep terrain, prescribe the application of construction materials which are naturally resistant to wildland fire exposure;

(6)

Adoption of Appendix BK of the 2025 California Residential Code regulating cob construction (monolithic adobe) is reasonably necessary because Marin's local climatic and topographical conditions insofar as our climatic seasonal reduction in vegetative moisture content, combined with Marin's populated steep terrain, prescribe the application of construction materials which are naturally resistant to wildland fire exposure;

(7)

Adoption of Appendix BM of the 2025 California Residential Code regulating 3D-printed building construction is reasonably necessary because Marin's local climatic and topographical conditions insofar as our climatic seasonal reduction in vegetative moisture content, combined with Marin's populated steep terrain, prescribe the application of construction materials which are naturally resistant to wildland fire exposure.

(8)

Adoption of Appendix BO of the 2025 California Residential Code regulating existing buildings and structures is reasonably necessary because Marin's geology increases the vulnerability of our aging housing stock to damage from known local seismic activity;

(9)

Adoption of Appendix CJ of the 2025 California Residential Code providing for emergency housing is reasonably necessary because Marin's local climatic, topographical, and geological conditions increases the vulnerability of our aging housing stock to damage from known and future extreme weather, fire, slope failure, and seismic events.

(10)

Adoption of Division A4.6 (excluding Section A4.601.5 Tier 2) of the 2025 California Green Building Standards Code regulating Tier 1 compliance is reasonably necessary because of Marin's local topographical and environmental conditions insofar as the County of Marin is bordered by sea water on three sides, presenting a direct adverse local impact to potential sea level rise as the result of construction related contributions to climate change.

This title shall be known as the Marin County Building Code. The promotion of healthy, safe, and sustainable communities; the preservation of Marin's unique environmental heritage; and the welfare and meaningful participation of the people of the county of Marin and protection of the property situated therein require adopting the following codes:

(1)

The 2025 edition of the California Building Code, known as California Code of Regulations, Part 2 of Title 24, incorporating the 2024 edition of the "International Building Code" published by the International Code Council, including: Appendix C for group U agricultural buildings; and Appendix Q for emergency housing; with exceptions, additions and deletions as provided in this title.

(2)

The 2025 edition of the California Residential Code, known as California Code of Regulations, Part 2.5 of Title 24, incorporating the 2024 edition of the "International Residential Code" published by the International Code Council, including: Appendix BB for tiny houses; Appendix BI for light straw-clay construction; Appendix BJ for strawbale construction; Appendix BK for cob construction (monolithic adobe); Appendix BM for 3D-printed building construction; Appendix BO for existing buildings and structures; and Appendix CJ for emergency housing; with exceptions, additions and deletions as provided in this title.

(3)

The 2025 edition of the California Electrical Code, known as California Code of Regulations, Part 3 of Title 24, incorporating the 2023 edition of the "National Electrical Code" published by the National Fire Protection Association, with exceptions, additions and deletions as provided in this title.

(4)

The 2025 edition of the California Mechanical Code, known as California Code of Regulations, Part 4 of Title 24, incorporating the 2024 edition of the "Uniform Mechanical Code" published by the International Association of Plumbing and Mechanical Officials, with exceptions, additions, and deletions as provided in this title.

(5)

The 2025 edition of the California Plumbing Code, known as California Code of Regulations, Part 5 of Title 24, incorporating the 2024 edition of the "Uniform Plumbing Code" as published by the International Association of Plumbing and Mechanical Officials, with exceptions, additions, and deletions as provided in this title.

(6)

The 2025 edition of the California Energy Code known as California Code of Regulations, Part 6 of Title 24.

(7)

The 2025 edition of the California Wildland-Urban Interface Code known as California Code of Regulations, Part 7 of Title 24.

(8)

The 2025 edition of the California Historical Building Code known as California Code of Regulations, Part 8 of Title 24.

(9)

The 2025 edition of the California Existing Building Code, known as California Code of Regulations, Part 10 of Title 24, incorporating content from the 2024 edition of the "International Existing Building Code" published by the International Code Council.

(10)

The 2025 edition of the California Green Building Standards Code known as California Code of

Regulations, Part 11 of Title 24, including Division A4.6 for Tier 1, with exceptions, additions, and deletions as provided in this Title.

(11)

The 2025 edition of the California Referenced Standards Code known as California Code of Regulations, Part 12 of Title 24.

(12)

Article 8 (commencing with Section 74) of Subchapter 1 of Chapter 1 of Title 25 of the California Code of Regulations, with changes or modifications as provided in Chapter 19.20 of the Marin County Code.

(13)

The 2024 edition of the International Property Maintenance Code, with exceptions, additions, and deletions as provided in this title.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3718, § II, 2019; Ord. No. 3777, § II, 2022; Ord. No. 3829, § 2, 2025; Ord. No. 3838, § II, 2025; Ord. No. 26-002, § II, 2026)

For the purpose of establishing proper regulations for building construction for the maintenance of buildings and structures, for the installation of plumbing, gas appliances, mechanical and electrical systems, and for the storage and handling of flammable liquids, the aforementioned codes, or portions thereof herein set forth, are adopted and are made a part of this chapter by reference without further

publication or posting thereof. One copy of each of these codes as listed herein shall be kept on file for use and examination by the public in the office of the chief building inspector.

(Ord. No. 3658, § II(exh. A), 2016)

Contained within the provisions of this title, Chapter 11.20, Chapter 11.21 and the codes adopted in Section 19.04.010, where the word "city" occurs, it means the word "county," where the words "city council" occur, they mean the words "board of supervisors," and where the words "chief building official," "building official," "administrative authority," "chief building inspector" or "authority enforcing this code" occur, they mean the words "building official" of Marin County.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3838, § II, 2025; Ord. No. 26-002, § II, 2026)

There is established a building and safety division of the community development agency in and for the county of Marin. The division shall be responsible for the enforcement of this chapter and shall perform the functions of inspection of building plans and the construction and reconstruction of buildings, the

inspection of installation of plumbing, electrical and gas appliances and facilities, the issuance of permits and collection of fees therefor, and such other duties and powers as may be delegated to it by the board of supervisors and by law, within the unincorporated territory of the county. The community development agency director shall appoint a chief building official and budget county funds to the building and safety division, as it may deem necessary for the operation of the division.

(Ord. No. 3658, § II(exh. A), 2016)

(a)

The chief building official shall be the building official referred to in the codes adopted in Section 19.04.010.

(b)

Appointing deputies. The chief building official may appoint such deputies, as may be needed to discharge the duties of his/her office properly.

(Ord. No. 3658, § II(exh. A), 2016)

(a)

The chief building official is authorized and directed to enforce all of the provisions of these codes and for such purpose shall have the powers of a peace officer.

(b)

In addition to other specific duties, it shall be the duty of the chief building official and deputies to be familiar with and to cooperate with the Marin County Fire Department in the enforcement of laws and regulations of the state of California and any local ordinances relating to:

(1)

The installation of automatic and other fire alarm and extinguishing equipment where required before occupancy;

(2)

The requirements for storage and use of flammable material;

(3)

The requirements of adequate means of egress in case of fire in factories, stores, hotels, apartment houses, asylums, schools, hospitals, places of public assemblage and all other places in which a number of persons will be housed, live, work or congregate;

(4)

Cooperation with the Chief of the Marin County Fire Department, when called upon to do so, in the investigation of the cause, origin and circumstances of fire; provided, however, that the primary responsibility, insofar as the provisions of any of the foregoing affect the construction of new and alteration of existing structures, shall lie with the chief building official, and insofar as the same relate to the use and operation of premises or the structures and personal property located thereon after the final inspection, shall lie with the Chief of the Marin County Fire Department or other appropriate fire protection authority.

(c)

Handling funds. It shall be the duty of the chief building official to keep a permanent record of all funds paid into his/her office, which funds shall be turned over to the county treasurer at least once each week for deposit in the building and safety division fund of the county of Marin for which the county treasurer shall render a receipt.

(d)

Custodian of plans. The chief building official shall be custodian of all building plans and other records pertaining to his/her office and the work thereof, and he/she shall allow none to leave official county control. Upon relinquishment of his/her office shall turn such records over to his/her successor in proper order and condition.

(e)

Administration duties. It shall be the duty of the chief building official to administer all the provisions of this chapter, to condemn any building, work, fixture, or condition which, by violation of any provision of this chapter, is detrimental to public health and safety, to conduct all his official actions by accepted and standard methods and procedures, which shall also govern his/her treatment of any details of construction not covered by this chapter. However, any alteration, repair or installation of a nonconforming nature which,

in his/her opinion, can only decrease hazard to health and safety, may be authorized by him/her in writing when strict compliance with this chapter would cause an unwarranted hardship.

(f)

Enforcement/citation authority. The following designated employee positions may enforce the provisions of this title and Chapters 11.20 and 11.21 of this code by the issuance of citations. Persons employed in such positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this title and Chapter 11.20 of these codes. The designated employee positions are: (1) building official; (2) assistant building official; and (3) senior building inspector; and (4) building inspector I and II.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3838, § II, 2025; Ord. No. 26-002, § II, 2026)

19.04.026 - Liability.

(a)

This chapter shall not be construed as imposing upon the county of Marin or any official or employees thereof any liability or responsibility for damages to any property or injuries to any person resulting from defects in building construction, defective plumbing, or drainage systems or installation thereof, or electrical or gas installations or by installations of containers for the storage or use of flammable products, or any other cause whatsoever, nor shall the county of Marin or any official or employee thereof be held as assuming any such liability or responsibility by reason of the inspection performed or permit issued by the inspector, or by any reason of any act or omission in the discharge of his duties. Nor shall the county of Marin or any official or employee thereof be held as assuming any liability or responsibility for property damage from any cause whatsoever which may have been caused by gas leakage, fire or explosion of any sort arising from or during the operation of any gas appliance or house gas piping, electrical application or electrical wiring or from the storage or use of flammable products.

(b)

Any suit brought against any county employee because of any such act or omission by him in the enforcement of any provisions of this chapter shall be defended by the county counsel until final termination of the proceedings.

(Ord. No. 3658, § II(exh. A), 2016)

All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare by reason of inadequate maintenance of the building, plumbing, mechanical or electrical systems, or by dilapidation, obsolescence, fire hazard, disaster damage or abandonment, as specified in the codes adopted by Section 19.04.010, or California Health and Safety Code Section 17920.3, are for the purpose of this section substandard and/or unsafe buildings. All such substandard and/or unsafe buildings are declared to be public nuisances and shall be abated by

repair, rehabilitation, demolition or removal in accordance with the procedures specified in these codes to Chapter 1.05, or other provisions of law.

(Ord. No. 3658, § II(exh. A), 2016)

Editor's note— Ord. No. 3815, § V, adopted May 7, 2024, repealed § 19.04.028. Former § 19.04.028 pertained to boards and commissions and derived from Ord. No. 3607, § II(exh. A), adopted 2013; Ord. No. 3619, § II(exh. A, § VI), adopted 2014; and Ord. No. 3658, § II(exh. A), adopted 2016.

Penalties for violations. Any person, firm, or corporation violating any of the provisions of this title, or any provisions of the codes adopted under Section 19.04.010, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of this title, or the codes adopted under Section 19.04.010 is committed, continued, or permitted and upon conviction of any such violation, such person shall be punishable by a fine equal to two to four times the permit fees specified in Section 19.04.032 of this code for the permit or permits required to clear the violation. For purpose of uniformity, this section shall be deemed to supersede any of the penalties provided in the respective codes referred to in Section 19.04.010, and shall be based on the criteria set forth in Marin County Code, Section 1.05.050.D, that is hereby incorporated by reference as is fully set forth herein, unless waived by the agency director based on a finding that such a waiver is in the public interest and that the applicant is expeditiously correcting the violation.

(Ord. No. 3658, § II(exh. A), 2016)

19.04.032 - Fee schedule—Permit fees.

(a)

Findings and intent.

(1)

Pursuant to Article XIIIB of the California Constitution, it is the intent of the board of supervisors of the County of Marin to require the ascertainment and recovery of costs reasonably borne from fees, charges and regulatory license fees levied therefrom in providing the regulation, products or services hereinafter enumerated in this chapter.

(2)

The fee and service level cost analysis system set forth in this chapter provides a mechanism for ensuring that fees adopted by the County of Marin for services rendered do not exceed the reasonable estimated cost of providing the level of services for which the fees are charged and maintain equity in the delivery of those services.

(3)

The adoption of this chapter is exempt from the California Environmental Act (Public Resources Code Sections 21080 et seq.), because it approves and sets forth a procedure for determining fees for the purpose of meeting the operating expenses of the county.

(4)

For the fiscal years 2020-2021, the fees listed in the "Master Fee and Service Schedule," Exhibit A, reflect the reasonable increase to the cost of providing the services and service levels reflected in the schedule.

(5)

Following the 2020—2021 fiscal year, the board finds that the reasonable costs of maintaining the services and service levels as set forth in Exhibit A, which is attached hereto and incorporated herein by reference, are the services and service levels for 2020—2021 plus the annual increases in the fully burdened hourly rate that affect the cost of providing the services. The community development agency is authorized to increase the fees set forth in Exhibit A three percent per year (effective July 1 of each year), to recover increases in the cost of maintaining the services provided for by the fees, when determined necessary by the agency director.

(b)

Fee and service level cost analysis system.

(1)

For the fiscal year 2020—2021, the fees listed in Exhibit A reflect the estimated average fully burdened service charge that is cost allocated for each building permit type necessary to recover one hundred percent of the annual cost of providing these services in fiscal year 2020—2021.

(2)

Each fee herein enumerated reflects a comparable cost allocated service level establishing equity between reasonable average allocated staff time and reasonable fully burdened cost with the degree of individual or private benefit gained from the service provided.

(3)

Fees and corresponding service levels are aligned to achieve one hundred percent utilization of budgeted resources and recovery of costs without exceeding the estimated average reasonable charge and service to any permit holder or class of permit holders.

(c)

Definitions.

(1)

Fully burdened hourly rate is the same as the blended division hourly rate and shall reflect the costs reasonably borne by the community development agency building and safety division in providing the listed

regulations, products or services; and is derived as a quotient of total billable division hours divided into the product of the approved annual expense budget times the designated percentage of cost recovery.

(2)

Service level is the total allocation of building and safety division resources allocated to each service commensurate with the charge for that service.

(3)

Each building permit fee is represented in the "Master Fee and Service Schedule," Exhibit A, and is the sum of the corresponding building permit application fee plus the building permit issuance fee.

(d)

Maintenance and schedule of fees and service charges.

(1)

The community development agency director shall require the deputy director of building and safety to review no less than annually the fees and service charges listed below, and prepare a proposed "Master Fee and Service Schedule" for consideration and adoption by the board of supervisors, as originally proposed or as modified in the form of a resolution, so as to maintain recovery of the designated percentage of costs reasonably borne necessary to provide the listed regulations, products, services and service levels.

(2)

The designated percentage of cost recovery for the community development agency building and safety division shall be one hundred percent.

(3)

Construction valuation for determining required taxes shall be based on construction cost. Valuation for determining assignment of fees shall be as determined by the chief building official.

(4)

Permit transfer fee shall be charged at the blended division hourly rate. When the original applicant assigns or otherwise transfers responsibility to another, an application form shall be completed by the new applicant and a permit transfer fee paid. All conditions imposed on the original applicant shall apply.

(5)

The deputy director of community development, building and safety may reduce the building permit application fee and/or the building permit issuance fee derived from the master fee and service schedule by up to sixty percent when an applicant requests to have their plans reviewed and/or site inspected by an authorized third-party plan check/inspection agency. Pre-approval for the use of third-party services is required. The applicant shall pay the third-party agency charges separately.

(6)

Technology enhancement fees. Fees for technology (information access) enhancement shall be six percent of the building permit fee.

(7)

Site check. Fees for performing the site checks shall be established in the current Marin County Code for recovery of work performed and administered by the department of public works, to cover the cost of inspecting the site in order to establish conditions for site work and inspecting for compliance with the site requirements; and shall be in addition to, when applicable, the building permit fee.

(8)

Plan check and site check for environmental health department services. Fees for performing plan checks and site checks shall be established in the current Marin County Code establishing fees for recovery of work performed and administered by the department of environmental health to cover the cost of checking plans and inspecting the site in order to establish conditions for site work and inspecting for compliance with the required condition; and shall be in addition to, when applicable, the building permit fee.

(9)

Consultation, plan check and field inspection for the fire departments. Fees for performing consultations, plan checks, and field inspections shall be established in the current Marin County Code establishing fees for recovery of work performed and administered by Marin County Fire to cover the cost of providing consultation, checking plans and inspecting the site for compliance with local fire requirements; and shall be in addition to, when applicable, the building permit fee.

(10)

Filing fee for appeal of building official decisions and determinations to the board of appeals shall be one hundred twenty dollars.

(11)

Fees for returned checks shall be thirty-five dollars per occurrence; ten dollars will be sent to central collections in the county; twenty-five dollars will be retained by the division to recover the costs of the related administrative efforts for processing.

(12)

The agency director shall have the ability to waive or transfer from the in-lieu housing trust fund up to one hundred percent of the building permit fee for projects which include below market rate housing units subject to the requirement that the project meet the eligibility standards for state or federal housing funding. The amount of fees waived or transferred to be determined based on the proportion of the project which is below market rate housing and the permanency of the housing subsidy. The agency director is also authorized to waive up to thirty-five percent of the building permit fee for projects undertaken by either (a) a community-based non-profit agency or organization which provide services resulting in public

benefits; or (b) a private entity or individual which provides services resulting in public benefits comparable to those customarily provided by a non-profit.

(13)

The agency director is authorized to waive up to one hundred percent of building permit fees for construction activity solely for the purpose of providing accessibility improvements to existing structures.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3690, § I, 2018; Ord. No. 3731, § I, 2020)

Editor's note— Exhibit A is not set out herein at length, but is on file for review in the offices of the county.

(1)

General provisions.

a.

Purpose. The purpose of this section is to reduce barriers to permitting specific project types, as decided by a mandate of the State Legislature or Marin County Board of Supervisors. The provisions of this chapter shall create an expedited streamlined permitting process as detailed in the following sections.

b.

Administrative procedures.

i.

Any provisions of this section or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

ii.

Instructions and checklists of all required permitting documentation, including application forms, for each expedited streamlined building permit subject to this section shall be published and maintained on the Marin Community Development Agency Building Division public website and shall allow for completed electronic permit application submittal with electronic signature.

c.

Definitions.

i.

"Electronic submittal" means the utilization of one or more of the following:

a.

Electronic mail or email.

b.

The internet.

c.

Facsimile.

ii.

"Expedited" building permit shall mean that a building permit application deemed complete and in accordance with the applicable permit submittal requirements, including payment of permit fees, shall be streamline reviewed and either processed and approved for issuance, or, if determined to be deficient, shall be conveyed back to the submitter, along with a list of deficiencies to be corrected, no later than the end of the third business day following a submitted application that is deemed compete.

iii.

"Streamline(d)" building permit review shall mean an expedited building permit application where the review for approval to issue the permit is limited to a ministerial Building Standards Code review for health and safety requirements to ensure the proposed scope of work will not have a specific adverse impact upon public health or safety.

iv.

"Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(2)

Electric vehicle charging stations.

a.

Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This section is also purposed to comply with California Government Code Section 65850.7.

b.

Definitions. As used in this article, the following terms, phrases, and words are defined as set forth below, and shall be construed in compliance with the definitions set forth under California Government Code section 65850.7:

i.

"Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this Chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

c.

Electric vehicle charging station requirements.

i.

Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.

ii.

Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

iii.

Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

iv.

Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.

d.

Expedited permit process.

i.

Consistent with Government Code Section 65850.7, the Building Official shall implement an administrative, nondiscretionary review process to expedite approval of electric vehicle charging stations. This shall include a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review.

ii.

The County's adopted checklist shall be published on the County's website. The applicant may submit the permit application and associated documentation to the County's Building Division by personal, mailed, or

electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature.

iii.

Prior to submitting an application, the applicant shall verify that the installation of an electric vehicle charging station will not have a specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

iv.

An application that satisfies the information requirements of the application checklist and this article, as determined by the building official, shall be deemed complete. Upon confirmation by the building official that the application and supporting documents are complete and that they meet the requirements of the application checklist and this article, the building official shall approve the application and issue a charging station permit. Such approval does not authorize an applicant to connect the electrical vehicle charging station to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

v.

Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

vi.

If the building official finds and determines, based on substantial evidence, that the electric vehicle charging station would have a specific, adverse impact upon the public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact, the building official shall make written findings to support this determination and may require an applicant to apply for an administrative electric vehicle charging station use permit. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. The determination of the building official becomes final unless the decision is appealed to the planning commission, whose decision shall be final.

vii.

No approval by a homeowner's association, as defined in Section 4080 of the Civil Code, shall be required for construction of an electric vehicle charging station that is located on private property and outside of restricted common areas.

(Ord. No. 3743, § II, 2020)

Editor's note— Ord. No. 3665, § II(exh. C), adopted March 14, 2017, repealed § 19.04.034, which pertained to building permits and approvals withheld and derived from Ord. No. 3658, § II(exh. A), adopted Nov. 15, 2016.

Editor's note— Ord. No. 3665, § II(exh. C), adopted March 14, 2017, repealed § 19.04.035, which pertained to removal of notice of violation and derived from Ord. No. 3658, § II(exh. A), adopted Nov. 15, 2016.

Any application to construct, reconstruct or repair a building which was damaged or destroyed by landslides or mud flows must be accompanied by a report prepared by a civil engineer with soils engineering expertise or a soils certified engineering geologist, indicating the physical factors which caused the damage to the property and the corrective measures which will be incorporated in the building plans to mitigate against a recurrence of similar damage. The building inspector may waive this requirement if the building inspector can procure satisfactory engineering and geology advice from other appropriate sources.

(Ord. No. 3658, § II(exh. A), 2016)

The following alternative provisions may be permitted in applications for residential occupancies when specifically requested by the permit applicant and the building official determines their application does not create or continue conditions that endanger life, limb, health, property, safety or welfare of the public or the occupants thereof to the extent the building would be deemed substandard pursuant to California Health and Safety Code Section 17920.3. It is not the intent of this section to reduce the requirements, review, approval, inspections, nor limit the authority, of the applicable fire agency responsible for overseeing construction applications subject to this section.

(1)

Repairs and alterations using replacement, retention and/or extension of original materials and/or the use of original methods of construction provided the portion of the building or structure subject to such application complies with the building regulations governing that portion of the building at the time of its construction in accordance with California Health and Safety Code Section 17958.8.

(2)

Relocation of dwellings permitting retention of existing materials and methods of construction provided the new foundation complies with the building standards for new construction in accordance with California Health and Safety Code Section 17958.9.

(3)

Electronic inspection using review and approval, denial or requiring correction through digital photographic field documentation to satisfy field inspection requirements and ensure construction compliance with applicable building standards when approved by the building official.

(Ord. No. 3619, § II(exh. A, § II), 2014; Ord. No. 3658, § II(exh. A), 2016)

For the purpose of uniformity, this section shall be deemed to supersede any of the permit application expirations provided in the codes adopted by Section 19.04.010 of this code:

Every permit application accepted by the building official under the provisions of this chapter shall expire by limitation and become null and void, if the permit is not issued within one year from the date of such permit application planning review approval. The chief building inspector may require issuance of the building permit within a specified period of time less than one year to require the timely abatement of one or more violations of the county code.

In accordance with county or department policy, the building official is authorized to grant one or more extensions of time for additional periods of not less than thirty days and not exceeding three hundred sixtyfive days each. Extension requests shall be submitted in writing and justifiable cause beyond the reasonable control of the applicant shall be demonstrated. Extension requests granted by the building official are subject to payment of extension fees and may be subject to revised plan submittal to demonstrate compliance with the regulations in effect at the time the application extension request is

received, as well as additional plan review fees. As a condition of any application, renewal, or extension the applicant shall sign an unfinished-construction nuisance agreement with the county pursuant to Section 19.04.053 of this code.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3718, § II, 2019)

19.04.053 - Unfinished-construction nuisance prohibition.

(a)

Purpose. The purpose of this ordinance is to discourage and prohibit unfinished-construction nuisances, as defined by this code, and to facilitate rectifying any unfinished-construction nuisance within the unincorporated areas of Marin County; and to resolve adverse impacts associated with unfinished construction. Such adverse impacts include, but are not limited to, construction noise, increased traffic, reduction in available on-street parking, the presence of portable toilets; and/or unfinished structure facades and/or construction-related materials, tools, and/or equipment visible from the public right of way. In addition to the purpose expressed in this subsection, the Marin County Board of Supervisors finds that:

(1)

The prolonged presence of unfinished construction projects on private properties within the unincorporated areas of the county has resulted in substantial and continuing adverse impacts on the county and its residents;

(2)

Among those adverse impacts are unreasonable noise disturbances to neighbors of the construction projects, visual disturbance, loss of on-street parking due to the presence of construction related vehicles,

materials and/or equipment, and/or reduced ability for emergency access and egress and/or the public to use the public right of way due to construction deliveries or other construction-related activities;

(3)

Several private individual construction projects have been permitted in the county involving ongoing construction for many years, thus prolonging the adverse construction impacts created by those projects;

(4)

It is in the interests of the health, safety and welfare of the residents of the unincorporated areas of the county to limit the duration of adverse unfinished-construction related impacts of a construction project, so as to balance the needs of the project site property owner with those of nearby residents and the community generally in the safe and peaceful enjoyment of their properties;

(5)

The limits prescribed within Section 19.04.053 of Marin County Code allow for adequate and reasonable provisions for the kinds of construction projects undertaken within the unincorporated areas of the county; and

(6)

Substantial penalties should be imposed upon persons who violate Section 19.04.053 of Marin County Code, so as to encourage compliance with the provisions of this section and achieve the purpose expressed herein.

(b)

Definitions. For the purpose of this section the following definitions apply:

(1)

Unfinished-construction nuisance shall mean: Construction-related impacts to an extent deemed unreasonable by the community development agency director, or his/her assign, and shall constitute a public nuisance subject to Chapter 1.05 of this code requiring abatement.

(2)

Unreasonable construction-related impacts shall mean: Construction-related impacts including but not limited to noise and/or visual disturbances to neighbors of the construction projects, loss of on-street parking due to the presence of construction related vehicles, materials and/or equipment, and/or reduced ability for emergency access and egress and/or the public to use the public right of way due to construction deliveries or other construction-related activities, the presence of portable toilets; and/or unfinished structure facades and/or construction-related materials, tools, and/or equipment visible from the public right of way that both a) Exceed the reasonable time limit for construction defined by this section; and b) Constitute a violation of Section 19.04.053 of this code based on complaints from area residents.

(3)

Reasonable time limit for construction shall mean: Construction for which a building permit is required, or has been issued, that does not exceed the maximum allowable time limit prescribed in Section 19.04.055 plus two permit extensions of three hundred sixty-five days each.

(c)

Application.

(1)

This section shall apply to the construction associated with every building permit applied for and issued, as well as all construction undertaken without permit for which a building permit is required, provided that the county requires the submission and review of plans associated with such construction.

(2)

As part of any application for a building permit, or application for renewal or extension of any preexisting building permit, the applicant shall sign an agreement with the county agreeing to prevent the existence or creation of any unfinished-construction nuisance associated with their building permit. The county shall not issue, renew or extend any building permit without receipt of this signed agreement.

(d)

Determination of unfinished-construction nuisance. Unfinished-construction activity for which a building permit was issued or required; and for which evidence exists that 1) construction activity has exceeded four years and remains unfinished, and 2) area residents have filed complaints specifically referencing adverse construction-related impacts associated with such unfinished-construction activity shall be deemed unreasonable by the community development agency director, or his/her assign, and shall constitute an unfinished-construction nuisance pursuant to this section. Said determination is not independently appealable but may be challenged in a Section 1.05 nuisance abatement hearing before an administrative law judge.

(e)

Abatement. An unfinished-construction nuisance, pursuant to this section, shall constitute a public nuisance and shall be subject to the nuisance abatement procedures provided in Chapter 1.05 of Marin County Code.

(Ord. No. 3718, § II, 2019)

19.04.055 - Permit expiration, extension and new permits for completion of work.

For the purpose of uniformity, this section shall be deemed to supersede any of the permit expirations provided in the codes adopted by Section 19.04.010 of this code:

Every permit issued by the building official under the provisions of this chapter shall expire by limitation and become null and void, if the building or work authorized by such permit has not substantially commenced within one year from the date of such permit. All permits shall expire due to exceeding the allowable construction time limit and become null and void, if the building or work authorized by such permit is not

completed within two years from the date of permit issuance. The chief building inspector may require the substantial commencement of work authorized by a building permit within a specified period of time less than one year, and the completion of said work within a specified period of time less than two years to require the timely abatement of one or more violations of the county code.

In accordance with county or department policy, the building official is authorized to grant one or more extensions of time for additional periods of not less than seven days and not exceeding three hundred sixty-five days each. Extension requests shall be submitted in writing and justifiable cause beyond the reasonable control of the applicant shall be demonstrated. Extension requests granted by the building official are subject to payment of extension fees and may be subject to revised plan submittal to demonstrate compliance with the regulations in effect at the time the application extension request is received, as well as additional plan review fees. As a condition of any permit, renewal, or extension the applicant shall sign an unfinished-construction nuisance agreement with the county pursuant to Section 19.04.053 of this code.

Before work can be recommenced on a permit that has expired, a new permit may be required to be applied for by the permittee. Permit fees for the new permit shall be based on the work remaining to be completed. New work remaining to be completed may be subject to the regulations in effect at the time application for the new permit is accepted by the community development agency and may require revised plan submittal, as well as additional plan review fees.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3718, § II, 2019)

Notwithstanding permit exemptions provided by the codes adopted by Section 19.04.010, the following work shall be exempt from obtaining a building permit:

In rural areas on parcels of one acre or more, accessory structures used for tool sheds, workshops and horse stalls not exceeding three hundred square feet each and fences over six feet in height may have the obligation to obtain building permits waived if exempted from zoning regulations.

(Ord. No. 3658, § II(exh. A), 2016)

19.04.063 - Definitions of terms.

Junior accessory dwelling unit, as used herein, is a type of accessory dwelling unit that is accessory to and included within a legal primary dwelling on the same site. A junior accessory dwelling unit provides independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, and cooking. Cooking and food preparation facilities shall be limited to an efficiency kitchen as provided for in the local zoning ordinance. Sanitation facilities may be independently provided for the junior accessory dwelling unit or may be shared with occupants of the primary dwelling provided interior access is available.

Public storage facility, as used herein, is any business that sells, leases or rents space to the public that is enclosed, whether it is a building, storage container or similar configuration.

Second unit, as used herein, is an attached or detached additional dwelling unit which provides complete independent living facilities, and which includes permanent provisions for living, sleeping, eating, cooking and sanitation and is located on the same lot as the primary unit.

Substantial remodel, as used herein, is the renovation of any structure, which, combined with any additions to the structure, affects a floor area which exceeds fifty percent of the existing floor area of the structure within any thirty-six-month period. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for purpose of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings.

(Ord. No. 3658, § II(exh. A), 2016)

19.04.064 - Amendments to 2025 Wildland-Urban Interface Code—Chapter 5.

Express finding: Pursuant to Health and Safety Code Sections 17958.7 and 18941.5, the Marin County Board of Supervisors hereby finds the following fire protection modifications to the California WildlandUrban Interface Code as set forth in this section are reasonably necessary because of Marin's local climatic

and topographical conditions insofar as our climatic seasonal reduction in vegetative moisture content, combined with Marin's populated steep terrain, require the following enhanced fire protection measures.

Section 501.1 of the 2025 Wildland-Urban Interface Code is hereby amended to read as follows:

501.1 Scope. New and substantially remodeled buildings and structures located in any Fire Hazard Severity Zone or Wildland-Urban Interface (WUI) Fire Area designated by the enforcing agency shall be constructed in accordance with the California Building Code and this code. This chapter applies to building materials, system and/or assemblies used in the exterior design and construction of new buildings, substantial remodels, additions, modifications, and/or relocation within a Fire Hazard Severity Zone or Wildland Urban Interface (WUI) Fire Area as defined in Section 202.

Exceptions:

1. Group U accessory structures not exceeding 120 square feet (11m2) in floor area where located not less than 50 feet (15 240 mm) from applicable buildings.

2. Group U agricultural buildings not less than 50 feet (15 240 mm) from applicable buildings.

Section 501.5 of the 2025 Wildland-Urban Interface Code is hereby added:

Section 501.5 Definitions.

MODIFIED. Any replacement either same in size or different in size or an addition of any building component.

Section 503.1 of the 2025 Wildland-Urban Interface Code is hereby amended to read as follows:

Section 503.1 General. Buildings and structures hereafter constructed, modified or relocated into or within any Fire Hazard Severity Zone or Wildland-Urban Interface (WUI) Fire Area shall meet the construction

requirements in accordance with Chapter 5. Materials required to be ignition-resistant building materials shall comply with the requirements of Section 503.2.

Exceptions:

1. New accessory buildings and miscellaneous structures complying with Section 504.11.

2. Group C occupancy special buildings conforming to the limitations specified in Section 450.4.1 of the California Building Code.

Section 503.3.1 of the 2025 Wildland-Urban Interface Code is hereby amended to read as follows:

Section 503.3.1 Qualification by Testing. Material and material assemblies tested in accordance with the requirements of Section 503 shall be accepted for use when the results and conditions of those tests are met. Product evaluation testing of material and material assemblies shall be approved or listed by the State Fire Marshal or identified in a current report issued by an agency approved by the building official and/or the fire official.

Section 504.7.3.5 of the 2025 Wildland-Urban Interface Code is hereby added to read as follows:

Section 504.7.3.5 Deck Repairs. Repairs to decks that require replacement or removal of less than 50% of the existing square footage of deck surfaces do not have to meet the requirements of Section 504.7.3.2.

Repairs to decks that require replacement or removal of more than 50% of the existing square footage of deck surfaces shall have deck surface materials that meet the requirements of Section 504.7.3.2.

Repairs to decks that require replacement or removal of less than 50% of the supporting structure of deck surfaces do not have to meet the requirements of Section 504.7.3.2.

Repairs to decks that require replacement or removal of more than 50% of the supporting structure of deck surfaces, shall have deck surface and supporting structure materials that meet the requirements of Section 504.7.3.

Section 504.8 of the 2025 Wildland-Urban Interface Code is hereby amended to read as follows:

Section 504.8 Exterior glazing. New or replacement: Exterior windows, window walls and glazed doors, windows within exterior doors, and skylights shall be constructed of any of the following:

1. Multilayered glazed panels with at least one pane of tempered glass complying with Section 2406 of the California Building Code.

2. Glass block.

3. Glazing with a fire-protection rating of not less than 20 minutes when tested according to NFPA 257 or UL 9, and shall be exempt from the hose stream test.

4. Glazing meeting the performance requirements of SFM Standard 12-7A-2.

Section 504.9 of the 2025 Wildland-Urban Interface Code is hereby amended to read as follows:

Section 504.9 Exterior doors. New or modified: Exterior doors shall be constructed in accordance with any of the following:

1. Noncombustible construction.

2. Solid-core wood not less than 1-3/4 inches thick (44 mm).

3. The exterior door shall be constructed of solid core wood that complies with the following requirements:

3.1 Stiles and rails shall not be less than 1-3/8 inches (35 mm) thick.

3.2 Raised panels shall not be less than 1-1/4 inches (32 mm) thick, except for the exterior perimeter of the raised panel that shall be permitted to taper to a tongue not less than 3/8 inch (10 mm) thick.

4. Have a fire protection rating of not less than 20 minutes when tested according to NFPA 252, UL 10B or UL 10C.

5. The exterior surface or cladding meeting the performance requirements of Section 504.9.3 when tested in accordance with ASTM E2707.

6. The exterior surface or cladding shall be tested to meet the performance requirements of SFM Standard 12-7A-1.

Windows within doors and glazed doors shall be in accordance with Section 504.8.

Section 508 of the 2025 Wildland-Urban Interface Code is hereby added to read as follows:

Section 508—Replacement or Repair of Exterior Wall Coverings

Section 508.A General. The exterior wall covering on buildings or structures in existence prior to the adoption of this code, when more than fifty percent (50%) of exterior wall covering on one face or elevation of a structure is repaired or replaced within a twelve (12) month period, the entire face or elevation of exterior wall covering shall comply with Section 504.5.2 of this code.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3718, § II, 2019; Ord. No. 3777, § II, 2022; Ord. No. 3838, § II, 2025; Ord. No. 26-002, § II, 2026)

Express finding: Pursuant to Health and Safety Code Sections 17958.7 and 18941.5, the Marin County Board of Supervisors hereby finds the following fire protection modifications to the California Building Code as set forth in this section are reasonably necessary because of Marin's local climatic and topographical conditions insofar as our climatic seasonal reduction in vegetative moisture content, combined with Marin's populated steep terrain, require the following enhanced fire protection measures.

Fire protection systems for all buildings shall be in conformance with the requirements contained within the 2025 California Fire Code, as adopted, amended and set forth in Title 16 of this code, and adopted herein by reference, and administered by the fire code official.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3718, § II, 2019; Ord. No. 3777, § II, 2022; Ord. No. 3838, § II, 2025; Ord. No. 26-002, § II, 2026)

Express finding: Pursuant to Health and Safety Code Sections 17958.7 and 18941.5, the Marin County Board of Supervisors hereby finds the following emergency escape modification to the California Residential Code as set forth in this section are reasonably necessary because of Marin's local topographical conditions insofar as our populated steep terrain, require the following enhanced emergency rescue measure.

Section R319.1 of Chapter 3 of the 2025 California Residential Code (Title 24, Part 2.5), California Code of Regulations is hereby amended by adding this paragraph as follows:

Emergency escape and rescue openings serving unsprinklered sleeping areas on the second floor or with escape openings over twelve feet above grade shall be provided with an approved permanent escape ladder or device.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3718, § II, 2019; Ord. No. 3777, § II, 2022; Ord. No. 3838, § II, 2025; Ord. No. 26-002, § II, 2026)

19.04.071 - Emergency housing.

Express findings: Pursuant to Health and Safety Code Sections 17958.7 and 18941.5, the Marin County Board of Supervisors hereby finds the following modifications to Appendix Q of the 2025 California Building Code and Appendix CJ of the 2025 California Residential Code are reasonably necessary to limit the application of these appendices to conform with the authority and provisions within Government Code Section 8698.4 and during a declaration of a shelter crisis by the Marin County Board of Supervisors:

Appendix Section Q101.1 of the 2025 California Building Code (Title 24, Part 2, Volume 2), California Code of Regulations is hereby amended to read as follows: Q101.1 Scope. Application of this appendix shall be limited to the duration, terms, and locations specified in a duly declared shelter crisis by the Marin County Board of Supervisors in accordance with the authority and provisions provided within Government Code Section 8698.4. This appendix shall be applicable to emergency housing and emergency housing facilities, as defined in Section Q102.

Appendix Section CJ101.1 of the 2025 California Residential Code (Title 24, Part 2.5), California Code of Regulations is hereby amended to read as follows:

CJ101.1 Scope. Application of this appendix shall be limited to the duration, terms, and locations specified in a duly declared shelter crisis by the Marin County Board of Supervisors in accordance with the authority and provisions provided within Government Code Section 8698.4. This appendix shall be applicable to emergency housing and emergency housing facilities, as defined in Section CJ102.

(Ord. No. 3829, § 2, 2025; Ord. No. 3838, § II, 2025; Ord. No. 26-002, § II, 2026)

19.04.080 - Fire classification.

Express finding: Pursuant to Health and Safety Code Sections 17958.7 and 18941.5, the Marin County Board of Supervisors hereby finds the following fire classification modifications to the California Building Code as set forth in this section are reasonably necessary because of Marin's local climatic and topographical conditions insofar as our climatic seasonal reduction in vegetative moisture content, combined with Marin's populated steep terrain, require the following enhanced fire classification measures.

Table 1505.1 of Chapter 15 of the 2025 California Building Code (Title 24, Part 2), California Code of Regulations is amended to read as follows:

TABLE 1505.1*

MINIMUM ROOF COVERING CLASSIFICATION

FOR TYPES OF CONSTRUCTION

• Unless otherwise required in accordance with Section 19.04.064.

Sections 1505.1.2 and R902.1.2 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure and any roof covering applied in the alteration, repair, or replacement of the roof of every existing structure shall be a fire-retardant roof covering that is at least Class A.

Sections 1505.1.3 and R902.1.3 Roofing requirements in a Wildland-Urban Interface Fire Area. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair, or replacement of the roof of every existing structure shall be a fire-retardant roof covering that is at least Class A.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3718, § II, 2019; Ord. No. 3777, § II, 2022; Ord. No. 3838, § II, 2025; Ord. No. 26-002, § II, 2026)

19.04.090 - Gas shut-off devices.

(a)

Definitions. For the purpose of this section, certain terms shall be defined as follows:

(1)

"Downstream of gas utility meter" refers to all customer-owned gas piping or in liquid petroleum gas installations shall refer to the gas piping on the structure side of the gas regulator.

(2)

"Residential building" means any single-family dwelling, duplex, apartment building, condominium building, townhouse building, lodging house, congregate residence, hotel or motel.

(3)

"Excess flow gas shut-off device" means those valves or devices that are not actuated by adoption but are activated by significant gas leaks or overpressure surges, which can occur when pipes rupture inside the structure. The design of the device provides a proven method to automatically provide for expedient and safe gas shut-off in an emergency. The design of the device shall provide a capability for ease of consumer or owner resetting in a safe manner. The device is certified by the state architect or the operational and functional design of the device meets or exceeds the device certified by the office of the state architect. The determination of whether the operational and functional design of the device is at least equal to the device certified by the state architect may be made by one of the following: The Independent Laboratory of the International Approval Services (IAS), Underwriter's Laboratory (UL), International Association of Plumbing and Mechanical Officials (IAPMO), or any other recognized listing and testing agency.

(4)

"Seismic gas shut-off device" means a system consisting of a seismic sensing means and actuating means designed to actuate automatically a companion gas shut-off means installed in a gas piping system in order to shut off the gas downstream of the location of the gas shut-off means in the event of a severe seismic disturbance. The system may consist of separable components or may incorporate all functions in a single body. The device is certified by the state architect, and the operational and functional design of the device meets or exceeds the device certified by the office of the state architect. The determination of whether the operational and functional design of the device is at least equal to the device certified by the state architect may be made by one of the following: The Independent Laboratory of the International Approval Services (IAS), Underwriters Laboratory (UL), International Association of Plumbing and Mechanical Officials (IAPMO), office of the state architect, or any other recognized listing and testing agency.

(5)

"Upstream of gas utility meter" refers to all gas piping installed by the utility up to and including the meter and the utility's bypass tee at the connection to the customer owned piping.

(6)

"Gas shut-off device," as used in this section, refers to either a seismic gas shut-off device or excess flow gas shut-off device.

(b)

Devices: When required. Approved seismic gas shut-off devices (motion sensitive) or approved excess flow gas shut-off devices (non-motion sensitive) shall be installed:

(1)

In any new building construction (commercial, industrial or residential) containing gas piping for which a building permit is first issued on or after the effective date of the ordinance;

(2)

In any existing residential, commercial or industrial building, when any addition or alteration is made to the interior of a building that contains gas piping, and a building permit is required for said work; or

(3)

When any plumbing permit is issued for gas piping.

(c)

Exceptions.

(1)

Gas shut-off devices installed on a building prior to effective date of the ordinance codified in this chapter are exempt from the requirements of this section provided they remain installed on the building or structure and are maintained for the life of the building or structure.

(2)

Gas shut-off devices installed on a gas distribution system owned or operated by a public utility shall not be subject to the requirements of this chapter (Health and Safety Code Section 19201(b)).

(3)

Installation of gas shut-off devices is not required for building permits issued for minor and nonstructural repairs such as re-roofing, window replacement, siding replacement, decks and any other minor permit as determined by the chief building official.

(d)

Devices: Location required.

(1)

Seismic gas shut-off devices shall be installed downstream of the gas utility meter or liquid petroleum tank on each fuel gas line where the gas line serves a building; and/or

(2)

Excess flow gas shut-off devices shall be installed downstream of the gas utility meter or liquid petroleum tank on each fuel gas line where the gas line serves a building and at each gas appliance within a building.

(e)

General requirements. Gas shut-off devices installed either in compliance with this chapter or voluntarily, with a permit issued on or after the effective date of the ordinance codified in this chapter, shall comply

with the following requirements:

(1)

Be installed in accordance with the manufacturer's instructions;

(2)

In the case of seismic gas shut-off devices (motion sensitive) only, such devices must be mounted rigidly to the exterior of the building or structure containing the fuel gas piping. This requirement need not apply if the building and safety division determines that the seismic gas shut-off device (motion sensitive) has been tested and listed for an alternate method of installation;

(3)

Seismic gas shut-off devices shall be certified by the state architect and be listed by an approved listing and testing agency such as IAS, IAPMO, UL or the office of the state architect;

(4)

Have a thirty-year warranty which warrants that the valve or device is free from defects and will continue to properly operate for thirty years from the date of installation; and

(5)

Where gas shut-off devices are installed voluntarily or as required by this section, they shall be maintained for the life of the building or structure or be replaced with a valve or device complying with the requirements of this section.

(f)

List of approved valves and devices. The building and safety division of the community development agency shall maintain a list of all seismic gas shut-off devices (motion sensitive) and excess flow gas shutoff devices (non-motion sensitive) which meet or exceed the requirements of devices certified by the office of the state architect for installation in the state of California and which comply with the standards and criteria set forth in Health and Safety Code Section 19180 et seq., including quality and design regulation for earthquake actuated automatic gas shut-off systems (see 24 California Code of Regulations Ch. 12-161).

(Ord. No. 3658, § II(exh. A), 2016)

(a)

When required. Liquid petroleum gas (LPG) tanks shall be anchored by a system approved by the administrative authority or designed by a licensed engineer, to prevent overturning in seismic events. Installation of such anchoring system shall be required as follows:

(1)

For any new building construction (commercial, industrial or residential) containing LPG piping for which a building permit is required;

(2)

For any alteration or addition to any existing residential, commercial or industrial building which contains LPG piping, and for which a building permit is required; or

(3)

Upon replacement or addition of a new liquid petroleum gas tank, or for initial installation or for repair of the gas piping system (LPG).

(b)

Exception. Liquid petroleum gas (LPG) tanks are not required to be anchored upon the issuance of building permits for minor and nonstructural repairs such as re-roofing, window replacement, siding replacement, decks and any other minor permit as determined by the chief building official.

(Ord. No. 3658, § II(exh. A), 2016)

Subchapter 2 - Green Building Requirements[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 3836, § II, adopted November 18, 2025, repealed subch. 2, §§ 19.04.110— 19.04.170 and enacted a new subch. 2 as set out herein. Former subch. 2 pertained to similar subject matter and derived from Ord. No. 3776, § II, adopted November 15, 2022.

The purpose of this chapter is to meet or exceed all applicable mandatory measures of the 2025 California Green Building Standards Code (Title 24, Part 11) and 2025 California Energy Code (Title 24, Part 6) of the California Code of Regulations. Pursuant to Health and Safety Code Sections 17958.7 and 18941.5, the Marin County Board of Supervisors hereby finds the following green building modifications to California Green Building Standards Code Chapters 3, 4 and 5, as set forth in this subchapter, are reasonably necessary to address local climatic, geologic, environmental and/or topographic conditions that affect the health, safety, and welfare of residents, including flooding/sea level rise, wildfire risk, and seismic risk.

The green building provisions referenced in this chapter are designed to achieve the following objectives in Marin County:

(1)

Increase energy efficiency in buildings;

(2)

Reduce consumption of fossil fuels;

(3)

Encourage water and resource conservation;

(4)

Reduce waste generated by construction projects;

(5)

Reduce long-term building operating and maintenance costs;

(6)

Improve indoor air quality and occupant health;

(7)

Contribute to meeting state and local commitments to reduce greenhouse gas emissions;

(8)

Encourage all-electric buildings through new construction and existing building alterations;

(9)

Satisfy all applicable mandatory measures of the 2025 California Green Building Standards Code (Title 24, Part 11) of the California Code of Regulations.

(Ord. No. 3836, § II, 11-18-2025)

The provisions of this chapter shall apply to all construction or development projects defined below as a "covered project."

(Ord. No. 3836, § II, 11-18-2025)

19.04.120 - Definitions.

For the purposes of interpreting this chapter and the associated standards for compliance, the following terms are defined as follows. When the definitions below differ from those contained elsewhere in this title, the provisions of this chapter shall apply. These definitions are additional to those outlined in Chapter 2 of the California Green Building Standards Code, Title 24, Part 11.

(1)

"2025 California Energy Code" refers to the requirements outlined in the 2025 edition of the California Energy Code known as California Code of Regulations, Part 6 of Title 24.

(2)

"All-electric building" or "all-electric design" means a building or plans for a building that uses a permanent supply of electricity as the source of energy for all space heating (including, but not limited to, fireplaces), water heating (including, but not limited to, pools and spas), cooking appliances and clothes drying appliances and has no natural gas or propane plumbing serving appliances in the building or on the property.

(3)

"Accessory dwelling unit (ADU)" means a residential unit that meets the definition of an accessory dwelling unit as outlined in Section 22.130.030 in the County of Marin Article VIII—Development Code Definition. This states that "a residential dwelling unit, which is accessory to a primary dwelling unit, that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary dwelling. It shall provide permanent provisions for living, sleeping, eating, cooking, sanitation, and independent exterior access, on the same lot as the single-family or multi-family dwelling is or will be situated. An "accessory dwelling unit" also includes the following: (1) an efficiency unit as defined in section 17958.1 of the California Health and Safety Code and (2) a manufactured home as defined in section 18007 of the California Health and Safety Code." For purposes of this subchapter, ADU also covers Junior ADUs and detached or attached ADUs.

(4)

"CALGreen" refers to the California Green Building Standards Code, as included in Title 24, Part 11 of the California Code of Regulations.

(5)

"CALGreen mandatory" means those measures that are required under Title 24, Part 11. Residential mandatory measures are contained in CALGreen Chapter 4. Nonresidential mandatory measures are contained in CALGreen Chapter 5.

(6)

"CALGreen Tier 1" refers to required pre-requisite and elective measures in addition to the CALGreen mandatory measures, as outlined in CALGreen Appendix A4.601.4 for residential projects and CALGreen Appendix A5.601.2 for nonresidential projects.

(7)

"Covered project(s)" means a development project provided below as set forth by the standards for compliance outlined in section 19.04.140, Table 1, 2, or 3 for which one or more building permits are required:

(i)

Additions or alterations to an existing single-family residential building.

(ii)

Additions or alterations to an existing multi-family residential building, hotel, or motel.

(iii)

Additions or alterations to an existing nonresidential building.

(8)

"Mixed-fuel" means a building or unit in a building that is plumbed for the use of natural gas or propane as fuel for space heating, water heating, cooking or clothes drying appliances or has gas plumbing within a building or within the property lines of the premises connected to a gas meter or propane tank.

(9)

"Natural gas" has the same meaning as "fuel gas" as defined in the California Plumbing Code and Mechanical Code.

(10)

"New construction" means a building that meets the definition of a "demolition" as outlined in section 22.130.030 in the County of Marin Article VIII—Development Code Definition. This states that "for buildings, removal or substantial modification of more than seventy-five percent of the linear sum of a building's exterior walls for each story shall be considered demolition of the building."

(11)

"Newly constructed" means a building that has never before been used or occupied for any purpose.

(12)

"Qualified green building rater" means an individual who has been trained and certified as a CALGreen inspector, LEED AP w/a specialty, GreenPoint rater, PHIUS consultant, or has similar qualifications and certifications if acceptable to the chief building official.

(13)

"Single-family" means a building designed for and/or occupied exclusively by one family. It is used herein to describe one and two-family dwellings and townhouses with attached private garages. It also includes factory-built, modular housing units, constructed in compliance with the California Building Code (CBC), and mobile homes/manufactured housing on permanent foundations and agricultural worker housing.

(Ord. No. 3836, § II, 11-18-2025)

19.04.130 - Requirements for additions and alterations—Local amendments to 2025 California Energy Code.

Pursuant to Section 19.04.010, the County has adopted the 2025 edition of the California Energy Code known as California Code of Regulations, Part 6 of Title 24 with additions, and deletions as provided in this subchapter.

The provisions of this subchapter shall constitute local amendments to the cross-referenced provisions of the 2025 California Energy Code and shall be deemed to replace the cross-referenced sections of said Code with the respective provisions set forth in this subchapter.

The California Energy Code, Title 24, Part 6, is hereby amended as underlined and struck through:

Section 100.0 of Subchapter 1 of the 2025 California Energy Code is modified to add new section (i) as follows:

(i) Single-Family Building Remodel Energy Reach Code—Purpose and Intent. In addition to all requirements of the California Energy Code applicable to Existing Single-Family Building additions and alterations, the energy efficiency and renewable energy measures specified in Section 150.0(w) shall be required for Covered Projects of mixed-fuel buildings.

Section 100.1(b) is modified by adding the following definitions:

"All-electric Building" or "All-electric Design" as defined in Section 19.04.120(2), Marin County Code.

"Covered Project(s)" as defined in Section 19.04.120(7), Marin County Code.

"Mixed-fuel" building as defined in Section 19.04.120(8), Marin County Code.

Section 150.0 SINGLE-FAMILY RESIDENTIAL BUILDINGS - MANDATORY FEATURES AND DEVICES, first two paragraphs, are modified to read as follows:

Single-family residential buildings shall comply with the applicable requirements of Sections 150.0(a) through 150.0(x).

NOTE: The requirements of Sections 150.0(a) through 150.0(v) apply to newly constructed buildings. Sections 150.2(a) and 150.2(b) specify which requirements of Sections 150.0(a) through 150.0(v) also apply to additions or alterations. In addition, Covered Single Family Projects shall also be required to comply with Section 150.0(w) and certain additions and alterations shall also be required to comply with Section 150.0(x).

A new Section, (w), is added to Section 150.0 as follows:

(w) Requirements for a Covered Project are outlined by project type in §19.04.140, Table 1, Marin County Code. A Covered Existing Single-Family Project, as defined in §19.04.120(7)(i), Marin County Code, in a building originally permitted for construction on or before December 31, 1991 shall install a set of measures from the Measure Menu in §19.04.140, Table 2, Marin County Code, to achieve a total Measure Point Score that is equal to or greater than the Target Score in said table and shall conform to the List of Measure Specifications in §19.04.140, Table 3, Marin County Code, except as otherwise described below:

(i) Projects in buildings identified as all-electric as defined in §19.04.120(2), Marin County Code.

(ii) Projects less than 500 square feet. Square footage associated with the creation of a new ADU or JADU will not be included in the calculation of project square footage.

(iii) Projects that are limited solely to a newly created attached Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Unit (JADU) as defined in §19.04.120(3), Marin County Code. A newly created ADU and JADU shall include either additions or conversions of existing space. This exception DOES NOT apply to a Covered Existing Single-Family Project of an existing ADU or JADU.

(iv) Mobile Homes, Manufactured Housing, or Factory-built Housing as defined in Division 13 of the California Health and Safety 12 Code (commencing with section 17000 of the Health and Safety Code).

(v) If due to conditions specific to the project, it is technically or economically infeasible to achieve compliance, the chief building official may reduce the Target Score and/or waive some or all of the mandatory requirements.

(vi) If the applicant demonstrates that the Energy Budget of the proposed building, as calculated under Section 150.1(b), would be less than or equal to the Energy Budget of the building if it otherwise complied with this Section, 150.0(w).

(vii) A resident owner or occupant demonstrates that they qualify for the California Alternative Rates for Energy (CARE), or Family Electric Rate Assistance (FERA) program may comply by installing, to the specifications in §19.04.140 Table 3, Marin County Code, the following:

(a) E1: Lighting Measures; and

(b) E2: Water Heating Package

Unless otherwise specified, the requirements shall apply to the entire dwelling unit, not just the additional or altered portion. Measures from the Measure Menu table that are to be installed to satisfy requirements under the California Energy Code, Title 24, Part 6, may not count towards compliance with these requirements. Where these requirements conflict with other California Energy Code requirements, the stricter requirements shall prevail.

Measure verification shall be explicitly included as an addendum to the certificate of compliance to be filed pursuant to 2025 Title 24, Part 6, Section 10-103.

A new Section, (x), is added to Section 150.0 as follows:

(x) Electric Readiness for Alterations

1. Electric range. Where branch circuits or receptacles are added or altered in a kitchen and the work requires an electrical permit, install electrical components in accordance with the California Electrical Code. The electrical components shall include either of the following:

A. A 125 volt, 20 amp electrical receptacle that is connected to the electric panel with a 120/240 volt 3 conductor branch circuit rated at 50 amps minimum, within 3 feet from the appliance and accessible to the appliance with no obstructions. Both ends of the unused conductor shall be labeled with the word "spare" and be electrically isolated. Space shall be reserved for a single pole circuit breaker in the electrical panel adjacent to the circuit breaker for the branch circuit and labeled with the words "Future Use".

B. A pathway for a future 240 volt 50 amp minimum branch circuit that shall consist of either conductors or raceway from the main electrical service panel. The main electric panel shall have space reserved to allow

for the installation of a double pole circuit breaker for a future electric range installation. The reserved space shall be permanently marked as "For Future 240V use". The raceway or conductors shall terminate at a junction box within 3 feet of the appliance. The blank cover shall be identified as "240V ready".

2. Electric dryer. Where a branch circuit is added or altered within 3 feet of a gas or propane clothes dryer and the work requires an electrical permit, install electrical components in accordance with the California Electrical Code. The electrical components shall include either of the following:

A. A dedicated 125 volt, 20 amp electrical receptacle that is connected to the electric panel with a 120/240 volt 3 conductor branch circuit rated at 30 amps minimum, within 3 feet from the appliance and accessible to the appliance with no obstructions. Both ends of the unused conductor shall be labeled with the word "spare" and be electrically isolated. Space shall be reserved for a single pole circuit breaker in the electrical panel adjacent to the circuit breaker for the branch circuit and labeled with the words "Future Use"; or,

B. A pathway for a future 240 volt 30 amp minimum branch circuit that shall consist of either conductors or raceway from the main electrical service panel. The main electric panel shall have space reserved to allow for the installation of a double pole circuit breaker for a future heat pump dryer installation. The reserved space shall be permanently marked as "For Future 240V use". The raceway or conductors shall terminate at a junction box within 3 feet of the appliance. The blank cover shall be identified as "240V ready".

3. Heat pump water heater.

A. If wall framing is removed or replaced within 3 feet of a gas or propane water heating appliance, space suitable for the future installation of a heat pump water heater (HPWH) shall be provided. The space shall be at least 2.5 feet by 2.5 feet wide and 7 feet tall and shall include a condensate drain that is no more than 2 inches higher than the base of an installed water heater and allows natural draining without pump assistance or installed piping or tubing within 3 feet of the water heater location to a condensate drain or exterior location. If pump assistance is needed, a receptacle on a 120 volt, minimum 15 amp branch circuit for a condensate pump must be available within 3 feet of the water heater location.

B. Where branch circuits are altered or added within 3 feet of an existing gas or propane water heater or within 10 feet of the designated future location of a heat pump water heater as required under Section 150.0(x)3A, and the work requires an electrical permit, install electrical components in accordance with the California Electrical Code. The electrical components shall include either of the following:

i. A dedicated 125 volt, 20 amp electrical receptacle that is connected to the electric panel with a 120/240 volt 3 conductor, 10 AWG copper branch circuit rated at 30 amps minimum, within 3 feet from the water heater and accessible to the water heater with no obstructions. Both ends of the unused conductor shall be labeled with the word "spare" and be electrically isolated. Space shall be reserved for a single pole circuit breaker space in the electrical panel adjacent to the circuit breaker for the branch circuit and labeled with the words "Future 240V Use"; or

ps minimum, within 3 feet from the water heater and accessible to the water heater with no obstructions. Both ends of the unused conductor shall be labeled with the word "spare" and be electrically isolated. Space shall be reserved for a single pole circuit breaker space in the electrical panel adjacent to the circuit breaker for the branch circuit and labeled with the words "Future 240V Use"; or

ii. A pathway for a future 240 volt 30 amp minimum branch circuit that shall consist of either conductors or raceway from the main electrical service panel. The main electric panel shall have space reserved to allow for the installation of a double pole circuit breaker for a future HPWH installation. The reserved space shall be permanently marked as "For Future 240V use". The pathway shall terminate at a junction box within 3 feet of the appliance. The blank cover shall be identified as "240V ready".

4. Outdoor gas appliances. Where a gas line is added or extended to any pool water heater, spa water heater, sauna, fireplace, outdoor cooking appliance, or outdoor heating system, install infrastructure and reserve physical space to accommodate future installation of an electric equivalent of that system that serves the same function, as certified by a registered design professional or licensed electrical contractor.

A. Install conduit designed to serve a future electric appliance(s) with the same function, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions, in accordance with manufacturer requirements and the California Electrical Code. In lieu of or in addition to conduit, electrically isolated branch circuit wiring may be installed; and

B. Label both ends of the unused conduit or conductors "For Future Electrical Appliance"; and

C. Reserve circuit breakers in the electrical panel(s) for each branch circuit, appropriately labeled; and

D. Designate physical space for future electric appliances, including equipment footprint, on the construction drawings. The footprint necessary for future electric appliances may overlap with the location of currently designed combustion equipment.

Exception to Section 150.0(x)4: Generator systems used for emergency power generation.

(Ord. No. 3836, § II, 11-18-2025)

19.04.135 - Requirements for electric vehicle infrastructure—Local amendments to 2025 CALGreen California Green Building Standards Code.

Pursuant to section 19.04.010, the county has adopted the 2025 edition of the California Green Building Standards Code known as California Code of Regulations, Part 11 of Title 24 (herein referred to as CALGreen Code), including Division A4.6 for Tier 1 with additions, and deletions as provided in this subchapter. Requirements are outlined by project type in Table 1 of Chapter 19.04.140, Marin County Code.

The provisions of this subchapter shall constitute local amendments to the cross-referenced provisions of the 2025 CALGreen Code and shall be deemed to replace the cross-referenced sections of said Code with the respective provisions set forth in this subchapter.

Section 301.1 of Chapter 3 of the 2025 CALGreen Code is hereby amended as underlined and struck through:

301.1 Scope. Buildings shall be designed to comply with applicable requirements of Marin County Green Building Requirements beginning at Chapter 19.04.110, Marin County Code, and shall also include the green building measures specified as mandatory in the application checklists contained in this code. Voluntary green building measures are also included in the application checklists and may be included in the design and construction of structures covered by this code, but are not required unless adopted by a city, county, or city and county as specified in Section 101.7.

A new section, 4.106.4.1.2, is added to Section 4.106.4 of the 2025 CALGreen Code, as follows:

4.106.4.1.2 Additions and alterations of existing one- and two-family dwellings.

If the project is upgrading the main electrical service panel, comply with the requirements of A4.106.8.1.

A new section, 4.106.4.2.7, is added to Section 4.106.4 of the 2025 CALGreen Code, as follows: