Mariposa County Municipal Code § 15.40 Buildings And Construction

This chapter is adopted in accordance with the provisions of the Health and Safety Code Section 17958.2 and Article 8, Subchapter 1, Chapter 1, Division 1, of Title 25, California Code of Regulations.

HISTORY

Adopted by Ord. 1206 on 2/3/2026

1. Purpose

1. The purpose of this chapter is to make Article 8 (commencing with Section 74) of Subchapter I of Chapter 1 of Division I of Title 25 of the California Code of Regulations, as modified herein, operative on Limited Density Owner-Built Rural Dwellings in Mariposa County (as defined in Section 15.040.060, "Definitions" herein), and to provide minimum requirements for the protections of life, limb, health, property, safety, and welfare of the general public and the owners and occupants of such dwellings and appurtenant structures.

2. It is also the expressed purpose of this chapter to conform the regulations regarding the construction and use of such dwellings and appurtenant structures to the requirements of Article 1, Section 1 of the California State Constitution, and the statutes of the State of California.

3. The purpose of this chapter is to promote the adoption of alternative construction designs, materials, and methods that prioritize environmental protection, enhance the economic viability of sustainable construction practices, facilitate affordability in construction improvements, and increase participation and consumer protection by encouraging lawful construction activities. Furthermore, this chapter aims to enhance property owners' equity in property improvements and establish minimum standards for safeguarding life, health, safety, property, and welfare for both the public and the owners and occupants of Limited Density Owner-Built Rural Dwellings and Appurtenant Structures.

4. The Board of Supervisors hereby incorporates and reaffirms all findings presented in the recitals of this ordinance and determines that the adoption of this chapter serves a significant public purpose. It promotes lawful construction practices, self-help housing initiatives, wildfire recovery, affordability, and long-term owner occupancy while upholding essential health and safety standards.

B. Findings

Mariposa County has found that certain local conditions necessitate the adoption and modifications to Article 8 (beginning with Section 74) of Subchapter I of Chapter 1 of Division I of Title 25 of the California Code of Regulations. These modifications pertain specifically to Limited Density Owner-Built Rural Dwellings within Mariposa County and will take effect as described herein.

1. Mariposa County confronts significant challenges to traditional development, primarily due to its predominantly remote nature. This remoteness substantially limits access to essential utility services, rendering them not only expensive but frequently inaccessible. The absence of readily available public water, sewer, or power connections effectively excludes numerous properties from the conventional

permit process. Consequently, this situation imposes an unwarranted burden on property owners, requiring them to comply with the stringent requirements of the California Building Standards Code (Title 24 of the California Code of Regulations). Additionally, elevated construction costs are influenced by factors such as local topography, logistical challenges in transporting construction materials, and compliance with energy code requirements.

2. The fire threat in Mariposa County from wildfires creates conditions that cut power and make passive fire control measures, such as sprinklers, that depend on electrical power, of little use. However, they impose significant costs on construction that could be better spent on required wildland-urban interface measures. Further, the State Fire Marshall, in Information Bulletin 16-001, states that "the final decision to require the installation of fire sprinklers in one- and two-family dwellings rebuilt (after a disaster) is determined by the local building and fire officials."

3. There exists a pronounced disparity between median home values and median incomes within the county. This gap between wages and housing costs complicates the provision of workforce housing and threatens community stability. Collectively, these conditions have resulted in a substantial shortage of affordable housing for residents earning local wages, including county employees, tradespeople, and service workers.

4. A series of natural disasters over the past eight years (wildfire and weather) resulted in the loss of over 200+ single-family dwellings and other appurtenant structures in Mariposa County. These natural disasters include the Detwiler Fire (2017), the Ferguson Fire (2018), the Mono Wind Event (2021), the Oak Fire (2022), and the Winter Storms (2023). The majority of the structures lost were uninsured or underinsured, thereby preventing the owners from reconstructing due to prohibitive construction costs and requirements. The lack of replacement homes and the restoration of communities affected by these events have imposed an unprecedented financial burden on the population of Mariposa County.

5. Implementation of the provisions as found in Article 8 (commencing with Section 74) of Subchapter I of Chapter 1 of Division I of Title 25 of the California Code of Regulations will foster long-term owner occupancy and community investment; reduce unpermitted or unsafe construction by offering a legal pathway; increase the availability of attainable homes for residents and workforce; and align with state housing equity and sustainability initiatives in low-density rural jurisdictions. In Mariposa County, the disparity between local wages and the cost of conventional housing is such that the adoption of this code serves a clear public purpose by promoting self-help housing, maintaining safety, and preserving affordability.

6. The ability to use owner-generated materials, such as lumber milled from harvested timber, creates an affordable option for building materials not available under current California Building Codes.

7. Citizens and the Board of Supervisors of Mariposa County have expressed a desire to legalize the construction of Limited-Density Owner-Built Rural Dwellings in compliance with this chapter, and have emphasized the values of affordability, sustainability, self-sufficiency, creativity, and character of the rural communities.

8. This ordinance adoption is exempt from the requirements of the California Environmental Quality Act pursuant to Public Resources Code Section 21080(b)(1) and/or Section 21080(b)(3), California Code of Regulations, Title 14, Sections 15061(h)(3), 15269(a), and 15302, because any projects resulting from this ordinance are ministerial and/or undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.

HISTORY

Adopted by Ord. 1206 on 2/3/2026

The provisions of this chapter shall apply to the construction, enlargement, conversion, alteration, repair, use, maintenance, and occupancy of limited-density owner-built rural dwellings and appurtenant structures. It is the intent of this article that the requirements contained herein shall apply to seasonally or permanently occupied dwellings, detached bedrooms, and guest houses, located in rural areas and solely occupied as the principal residence of the owner or the owner's family. The requirements will also apply to barns, sheds, shops, or other appurtenant structures not intended for human habitation that are constructed and used solely by the owner of the property or the owner's family.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.040 Intent Of General Requirements

It shall be the purpose and intent of this chapter to allow the use of ingenuity and preferences of the builder; to allow and facilitate the use of alternatives to the specifications prescribed by the latest adopted version of the technical codes to the extent that such alternatives provide a reasonable degree of health and safety; and to assure that the materials, methods of construction, and structural integrity of the structure shall perform in application for the purpose intended. To provide for the application of this chapter, it shall be necessary for the building official to exercise reasonable judgment in determining the compliance of appropriate structures with the general and specific requirements of this chapter.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.050 Technical Codes - Basis Of Approval

Except as otherwise required by this chapter, dwellings and Appurtenant Structures constructed pursuant to this chapter need not conform with the construction requirements prescribed by the latest adopted editions of the California Building, Plumbing, Mechanical, and Electrical Codes, or other applicable technical codes; however, it is not the intent of this section to disregard nationally accepted technical and scientific principles relating to design, materials, methods of construction, and structural requirements for the erection and construction of dwelling and appurtenant structures as are contained in the technical codes. Such codes serve as the basis for approval.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.060 Definitions

For the purposes of this ordinance, the following definitions shall apply:

1. "Appurtenant structures." Structures directly related to the primary residential use, including, but not limited to, detached bedrooms or hobby rooms used as living space, garages, or pump houses. Appurtenant structures also include, but are not limited to, shops, barns, or sheds, including those considered accessory to the zone.

2. "Building official." The person identified as the building official pursuant to Mariposa County Code Section 15.10.015 Definitions.

3. "Limited density owner-built rural dwelling." Any structure consisting of one or more habitable rooms intended or designed to be occupied by one family with facilities for living and sleeping, with use restricted to rural areas that fulfill the requirements of this chapter.

4. "Owner-built." Construction that meets the following requirements:

   1. Construction that is not intended for sale, lease, rent, or employee occupancy; and

   2. Construction that is either:

      1. By a general contractor licensed to practice in the state of California who contracts directly with the person or persons owning the property at the time construction commences for occupancy as the principal/primary residence of that person or persons owning the property; or

      2. By any person or family who acts as the general contractor for, or the provider of, part or all of the labor necessary to build housing to be occupied as the principal/primary residence of that person or family.

5. "Principal/Primary Residence." For the purposes of this code, the term refers to the actual, fixed, and permanent home in which an individual resides for the majority of the year and intends to return to. This location constitutes the principal dwelling in which the individual establishes their domicile, which entails both physical presence and an intention to remain indefinitely. Evidence can include a driver's license, vehicle registration, voter registration, and tax documents. Must be a permanent address listed on occupants’ official documents, such as voter registration, vehicle registration, issuance of a driver's license, and filing of income taxes.

6. "Rural." For the purposes of this article only, "rural" shall mean legal parcels located outside of an established town planning area(s) in Mariposa County.

7. "Sale, lease, rent, or employee occupancy." For the purposes of this chapter, the sale, lease, renting, or employee occupancy of owner-built structures within three years of issuance of a certificate of occupancy shall be presumptive evidence that the structure was erected for the purpose of sale, lease, rent, or employee occupancy. The three years of required owner occupancy may be waived in cases of unreasonable hardship.

8. "Sub-standard building." A structure or portion thereof in which there exists any condition to an extent that endangers the life, limb, health or safety of the occupants, as a result of structural hazards as defined by current edition of the California Building Code, Title 24, California Code of Regulations and are further delineated in Health & Safety Code section 17920.3 and as may hereafter be amended.

9. "Sound structural condition." A structure shall be considered to be in "sound structural condition" when all portions of the structure are adequately constructed to resist expected gravity and lateral forces from wind and seismic forces.

10. "Unreasonable hardship." Unreasonable hardship exists when the building official finds that compliance with the requirement for a minimum of three years of owner occupancy is unfeasible, due to circumstances forcing the sale or rental of the property, including, but not limited to, the death, divorce, loss of employment or income, or disability of the owner, supported by sufficient information provided by the applicant.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.070 Regulations Of Use

1. Principal/Primary Residence. Housing permitted pursuant to this chapter shall be for occupancy as the primary residence of the owner or the owner's family and not for sale, lease, rent, or employee occupancy.

   1. Exceptions:

   2. Personal Recreational Use. Use of the property as a nonprimary residence shall be acceptable grounds for a permit application to erect structures that support such recreational activities and for the sole use of the property owner’s family.

2. Short-Term Rentals Prohibited. In accordance with the intent of Article 8 (commencing with Section 74) of Subchapter I of Chapter 1 of Division I of Title 25 of the California Code of Regulations, as modified herein, operative on Limited Density Owner-Built Rural Dwellings, use as a short-term rental is prohibited.

3. Owner Occupied. For the purposes of this chapter, the sale, lease, renting, or employee occupancy of owner-built structures within three (3) years of the issuance of a final approval to occupy/use or completion of the structure shall be presumptive evidence that the structure was erected for the purpose of sale, lease, renting, or employee housing. The three-year period of required owner occupancy may be waived by the Mariposa County building official in cases of “Unreasonable Hardship”; however, in all instances, Owner-Built structures are subject to a one-year owner occupancy requirement pursuant to 25 CCR 78.

4. Accessory dwelling units (ADU). In conformance with Mariposa County Code and Section 65852.2 of the California Government Code, a Limited Density Owner-Built Rural Dwelling permit shall be allowed for a family member using the same criteria as the primary dwelling.

5. Additions to Structures. After/or during original construction, additions may be permitted to be made to such a dwelling, and non-habitable structures, whether appurtenant thereto or otherwise, may be permitted after approval by the Building Department.

6. Permits. Permits shall be required for the construction of limited-density rural dwellings and their appurtenant structures. The application, plans, and other data filed by an applicant for such permit shall be reviewed by the appropriate County departments to verify compliance with the provisions of this chapter.

7. Construction Standards. Construction must comply with the standards set forth in this chapter and in accordance with Article 8 (commencing with Section 74) of Subchapter I of Chapter 1 of Division I of Title 25 of the California Code of Regulations, as modified herein, operative on Limited Density OwnerBuilt Rural Dwellings.

8. Sound Structural Design. Building plans must provide sufficient detail to determine how gravity and lateral forces are distributed, both vertically and horizontally, from their points of origin to the loadresisting elements. Portions of structures that are irregular in shape, have complex designs, or incorporate unusual building materials or practices may require design by a California-registered design professional, at the discretion of the building official.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.080 Petition For Interpretation

Any limited-density owner-built rural dwelling permit applicant or owner may petition the building official for an interpretation of any provision of this chapter. Petitions shall be submitted in writing, after which the building official may consider such requests and may make a determination as to the meaning or intent of any provision of this chapter with respect to the petition in question. The consideration of petitions for interpretation shall be discretionary with the building official.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.090 Interpretation

Interpretations by the building official as to the meaning, intent, or application of the provisions of this chapter are not intended to preempt the exercising of building appeals processes, as provided in this title, but are intended to facilitate public understanding and the effective enforcement of this chapter.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.100 Notice Of Interpretation

The Mariposa County Building Department shall keep a record of all interpretations made by the building official, which shall be available for review by the public or any governmental agency, and shall provide notice to the petitioner(s) of the building official's findings.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.110 Release Of Liability

As a condition of pursuing a permit pursuant to this chapter, the applicant and, if different, the property owner shall execute an agreement to defend, indemnify and hold harmless the County of Mariposa and its agents, officers, and employees from any claim, action, or proceeding brought against the county, its agencies, boards, or Board of Supervisors arising from the County's issuance of said permit. The indemnification shall apply to any damages, costs of suit, attorney fees, or other expenses incurred by the county, its agents, officers, and employees in connection with such action.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.120 Zoning

Limited-density owner-built rural dwellings may be constructed in all Mariposa County residential zoning districts, subject to the following restriction:

1. Restriction. Limited-density owner-built rural dwellings are not permitted in General Plan Designated Planning Areas where an adopted Area Plan (Special Plan, Community Plan, or Town Plan) exists. These areas include, but are not limited to, Mariposa, Coulterville, Wawona, Cathey’s Valley, and Fish Camp.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.130 Construction Requirements

1. Sound Structural Condition. A structure shall be considered to be in sound condition when it is constructed and maintained in substantial conformance with accepted construction principles, technical codes, or performance criteria which provide minimum standards for the stressing of structural members; footing sizing when related to major load bearing points; proper support of loadbearing members; nailing schedules where essential to general structural integrity; and provisions for adequate egress, ventilations, sanitation, and fire safety. Conditions which would not render a structure unsound are minor deflections or elasticity of structural members, ceiling heights; size or arrangement of rooms; heating, plumbing, and electrification requirements; alternative materials, appliances or facilities; or methods of construction. Each structure shall be maintained in a sound structural condition to be safe, sanitary, and to shelter the occupants from the elements.

2. Climatic and Geographic Structural Design Criteria. Structural design requirements for seismic, wind, and snow loads shall conform to the latest edition of the California Title 24 Codes, for snow loads, reference the latest version of the Mariposa County Geographic Information System (GIS) Snow Load Overlay Map. It is the owner's responsibility to reference such a map when submitting a building permit application under this chapter. Any property that falls within a region of snow load equal to or greater than seventy (70) pounds per square foot, according to the Mariposa County GIS Snow Load Overlay, shall be of a structurally engineered design with plans and structural calculations stamped by a California licensed Professional Engineer in accordance with the California State Board of Technical Registration.

3. Geotechnical Evaluation. Residential construction under this chapter may apply for a geotechnical waiver in accordance with the provisions of Title 24, Part 2.5, Chapter 4 of the California Residential Code. In lieu of a complete geotechnical evaluation, the load-bearing values found in the most recently adopted version of the Title 24, Part 2.4, California Residential Code, Chapter 4, for load-bearing values and soil classification shall be assumed.

4. Building Permit Required. A building permit shall be obtained pursuant to the provisions of this article for a limited-density owner-built rural dwelling that was constructed or was partially constructed without a building permit.

5. Owner Builder Applicant. The applicant must be the owner of the dwelling or structure at the time of application and permit issuance. Application requirements can be found in Section 15.40.170 of this ordinance.

6. Heating Capacity. A heating facility or appliance shall be installed in each dwelling, subject to the provisions of this chapter, and shall comply; however, there shall be no specified requirement for heating capacity or temperature maintenance. The use of a solid fuel or solar heating device shall be deemed to comply with the requirements of this section.

7. Room Requirements. There shall be no requirements regarding room dimensions, provided that there is adequate light, ventilation, and means of egress.

8. Egress. All egress systems, including emergency escape rescue openings in any room, shall comply with the current California Residential Code. Bedrooms shall be equipped with either a door to the exterior or an exterior window with five and seven-tenths (5.7) square feet of openable area for emergency exit. The window shall have a minimum clear opening width of twenty (20") inches, a minimum clear opening height of twenty-four (24") inches, and the window opening shall not be more than forty-four (44") inches above the interior floor of a room used for sleeping purposes.

9. Sanitation Requirements. Sanitation facilities, including the type, design, and number of facilities, shall be shown on plans submitted for the building permit.

   1. No dwelling shall discharge wastewater from sanitary facilities other than to a wastewater system that is designed, constructed, operated, and maintained in accordance with the requirements of the Environmental Health Division.

   2. The Environmental Health division may approve alternative sanitary facilities, provided the department has first developed requirements for the design, construction, operation, maintenance, and permitting of said facilities that the Health Officer has approved.

   3. No dwelling shall utilize a bathtub or shower and a washbasin, or alternate bathing and washing facility, unless the Environmental Health Division and the building official have approved it.

10. Water Supply. Potable water shall be available to the dwelling site, although such water need not be pressurized. Where water is not piped from a well, spring, cistern, or other source, there shall be a minimum reserve of two hundred fifty gallons of potable water available. Water storage may be combined with the water storage requirements for compliance with fire safety regulations.

11. Plumbing Specifications. Where conventional plumbing, in all or part, is installed within the structure, it shall be installed in accordance with the uniform plumbing code. Alternative materials and methods shall be permitted provided that the design complies with the intent of the code, and that such alternatives shall be provided to protect health and safety for the intended purpose.

12. Mechanical Requirements. Fireplaces, heating and cooking appliances, and gas piping installed in buildings constructed pursuant to this chapter shall be installed and vented in accordance with the applicable requirements contained in the most currently adopted version of the California Mechanical Code, Part 4, Title 24, California Code of Regulations.

13. Electrical Requirements. Where electrical wiring or appliances are installed, the installation shall be in accordance with the applicable requirements contained in the most recently adopted version of the California Electrical Code, Part 3, Title 24, California Code of Regulations. Smoke and carbon monoxide alarms shall be installed per the most current adopted California Residential Code. If electrical wiring is not being installed, alarms may be battery-operated and must contain ten-year batteries.

14. Electrical Installation Requirements. Where electrical wiring or appliances are installed, the installation shall be in accordance with the applicable requirements contained in the most recently adopted version of the California Electrical Code, Part 3, Title 24, California Code of Regulations. Smoke and carbon monoxide alarms shall be installed per the most current adopted California Residential Code. If electrical wiring is not installed, alarms may be battery-operated and must contain ten-year batteries.

    1. Exceptions. In structures where electrical usage is confined to one or more rooms of a structure, the remainder of the structure shall not be required to be wired or otherwise fitted for electrification unless the building official determines the electrical demands are expected to exceed the confinement and capacity of those rooms. In such instances, the building official may require further electrical service to the structure. It is the intent of this section to apply to buildings in which there exists a workshop, kitchen, or other single room which may require electrification, and where there is no expectation of further electrical demand. The building official shall, at the time of a permit application or other appropriate point, advise the applicant of the potential hazards of violating this section.

15. Generators. When a generator is used as the primary power source for a dwelling, it shall be enclosed in a sound-reduction enclosure approved by the building official to eliminate or substantially reduce noise. This structure shall consist of a fully enclosed masonry or wood-frame structure with a minimum of two inches by four inches insulated wall and roof framing, with walls, ceiling, and roof covered in the manner required by the most recently adopted technical codes on both inside and outside surfaces. This structure shall reduce generator noise to a maximum of fifty-five decibels twenty feet from the structure.

16. Foundations. Pier foundations, stone masonry footings, and foundation systems, pressure-treated lumber, poles, or equivalent foundation materials or designs may be used, provided that the bearing is sufficient for the intended purpose.

17. Materials. Owner-produced materials and appliances may be utilized unless found to be of insufficient strength or durability to perform the intended function. Owner-produced or used lumber may be utilized unless it is found to contain dry rot, excessive splitting, or other defects that obviously render the material unfit for the intended purpose in terms of strength or durability. Wall and floor framing shall not be enclosed when the framing members have a moisture content exceeding nineteen percent (19%).

18. Residential Fire Sprinkler Exemption. A fire sprinkler requirement shall not be required for singlefamily dwellings constructed in accordance with this chapter.

19. Solar Photovoltaic Exemption. Photovoltaic solar systems and solar-ready Title 24 requirements do not apply to dwellings constructed in compliance with this chapter and need not conform with the construction requirements prescribed by the latest applicable editions of the California Title 24 Codes.

20. Compliance with Fire Safety Regulations

21. A Limited Density Owner-Built Rural Dwelling permit application shall be reviewed by the enforcing agency for compliance with the currently adopted provisions of California Building Code, Chapter 7, Wildland Urban Interface Code.

    1. All Limited Density Owner-Built Rural Dwellings shall comply with the "Materials and Construction Methods for Exterior Wildfire Exposure" requirements found in the currently adopted California Residential Code and/or in the latest adopted version of the California Building Code, Part 7, Wildland Urban Interface.

    2. Dwelling sites shall provide a minimum water storage of 3,000 gallons for fire protection. Storage may be in tanks, swimming pools, ponds, or other storage facilities and shall be in good working condition and seasonally maintained.

    3. Smoke and carbon monoxide alarms shall be required under this chapter in accordance with the currently adopted California Residential Code, Part 2.5. In instances where power is not available, alarms with battery systems shall be installed.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.140 Permits

Permits shall be required for the construction of limited-density owner-built rural dwellings and appurtenant structures. The application, plans, and other data filed by an applicant for such a permit shall clearly state that it is for a Title 25, Limited Density Owner-Built Rural Dwelling structure and shall be reviewed by the enforcement agency to verify compliance with the provisions of this chapter. When the building official determines that the permit application and other data indicate that the structure (s) will comply with the provisions of this chapter, the building official shall issue a permit to the applicant.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.150 Existing Buildings

A building permit shall be obtained pursuant to the provisions of this chapter for a limited-density owner-built rural dwelling that was constructed or was partially constructed without a building permit.

1. The applicant must be the owner of the dwelling or structure at the time of application and issuance of the permit.

2. The dwelling or structure shall meet all standards required in this chapter.

3. An inspection of the dwelling shall be made by the enforcing agency(s) to determine that the requirements of this chapter have been substantially met to the extent that no abnormal risk to health or safety will result from occupancy of the structure.

   1. Upon evaluation, if any conditions are identified that fail to meet the standards outlined in this chapter, are classified as substandard, non-compliant, or pose a risk to life, limb, or public safety, the submission of additional reports and the involvement of qualified professionals may be required.

HISTORY

Adopted by Ord. 1206 on 2/3/2026

Fees, which shall be determined by resolution of the Mariposa Board of Supervisors, shall be required and collected by the building official to provide the cost of administering the provisions of this chapter. Permit and inspection fee schedules shall be established to reflect the actual inspection and administrative costs resulting from the application of this chapter.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.170 Permit Application

To obtain a permit, the applicant shall first apply to the Mariposa County Building Department. Permit applications shall contain the following information:

1. Name and mailing address of the applicant.

2. Address and location of the proposed structures.

3. A general description of the structure(s), which shall include mechanical installations with all clearances and venting procedures detailed, electrical installations, foundation, structural, and construction details.

4. A topographic site plot plan indicating the location of the dwelling in relation to property lines, other structures, sanitation and bathing facilities, water resources, waterways, and other information as required by the enforcement agency. These requirements will be provided to applicants in the form of a checklist that must accompany the application.

5. Approval of the installation of a private sewage disposal system or alternate waste disposal means from the local health enforcement agency.

6. The signature of the owner or authorized agent.

7. The use or occupancy for which the work is intended.

8. A stipulation by the applicant that the building or structure is to be owner-built or built for the occupancy of the owner by a licensed contractor.

9. Any other data or information may be required by statute or regulation.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.180 Plans

Plans shall consist of a general description of the structure(s), including all necessary information to facilitate a reasonable judgment of conformance by the building official. This shall include a diagram of the floor plan and site elevation to determine the appropriate dimensions of structural members. Architectural drawings and structural analyses shall not be required. For structures of complex design or unusual conditions for which the building official cannot make a reasonable judgment of conformance to this chapter based upon the general description and simplified plan(s), the building official may require additional supporting information sufficient to make a judgment as to the integrity of the design.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.190 Modification

Modifications to the design, materials, and methods of construction are permitted, provided that the structural integrity of the building or structure is maintained, the building continues to conform to the provisions of this chapter, and the building official is notified in writing of the intended modification.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.200 Permit Validity

Permits will be valid for a minimum of three (3) years. The building official may grant extensions of up to one (1) year, at a time, upon the owner's request and for justifiable reasons. Requests for extensions must be submitted in writing, using the appropriate departmental forms, to the building official for approval prior to the expiration date of the permit.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.210 Inspections

All construction or work that requires a permit according to this article must be inspected by the building official. The building official will conduct an inspection of the dwelling to ensure that the requirements of this chapter have been largely met, so that no abnormal risks to health or safety will arise from the occupancy of the structure.

1. Required inspections may include, but are not limited to, the following, and shall be based on the construction type and detail:

   1. Foundation. Conducted prior to the placement of concrete, a concrete slab, or an under-floor inspection.

   2. Rough framing, Plumbing, Electrical, and Mechanical. Conducted prior to covering of walls, and a final inspection.

   3. Final. The final inspection shall be conducted after the structure(s) are completed and ready for occupancy, to determine compliance with the provisions of this article.

   4. Other inspections. Additional inspections may be required by the Mariposa County Fire, Cal Fire, Public Works, or Environmental Health Division.

   5. Structures of conventional or simple construction. Shall be inspected at a single inspection if possible because all components to be inspected are simultaneously ready for inspection.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.220 Special Inspections

Additional inspections may be conducted under the following circumstances:

1. An inspection shall be conducted where there is a reasonable expectation that the foundation system will be subjected to excessive vertical or lateral movement due to site topography, expansive soils, or other unstable soil conditions.

2. The application indicates that interior wall coverings or construction elements will conceal underlying construction, electrical, or mechanical systems.

3. Where an unconventional construction method is indicated, which would preclude examination at a single inspection.

HISTORY

Adopted by Ord. 1206 on 2/3/2026

It shall be the duty of the applicant to notify the building official that the construction is ready for inspection and to cause the work to remain accessible and exposed for inspection purposes, and to provide access to the premises. Inspections shall be requested by the applicant at least twenty-four hours in advance of the intended inspection. It shall be the duty of the enforcement agency to notify or inform the applicant of the day on which the inspection is to be conducted.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.240 Temporary Occupancy

The use and occupancy of a portion or portions of a dwelling or appurtenant structure prior to the completion of the entire structure pursuant to this chapter shall be allowed, provided that approved sanitary facilities are available at the site and that the work completed does not create any condition that endangers life, health or safety of the public or occupants. As described in Title 25, Section 118 of the California Code of Regulations, the occupants of any such incomplete structure shall assume sole responsibility for the occupancy of the structure or portion thereof.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.250 Certificate Of Occupancy

After the structure(s) are completed for occupancy/use and any inspections which have been required by the building official have been conducted, and work approved, the building official shall issue a certificate of occupancy for such dwelling(s) and appurtenant structure(s) which comply with the provisions of this chapter.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.260 Recordation

Each time a permit is issued pursuant to this chapter, the Building Department shall record a notice with the County Recorder that a permit has been issued in accordance with the provisions of this chapter. This notice shall state that the structure is subject to a building permit issued in accordance with the provisions of this chapter and that the permit will be recorded on the deed and available through a search of the current owner's name. The notice shall be as follows:

NOTICE OF LIMITED DENSITY OWNER-BUILT RURAL DWELLING

This Notice is recorded pursuant to Mariposa County Building Code Chapter 15.40:

1. The dwelling located at ____________________, APN ____________, was constructed or legalized pursuant to Mariposa County Building Code Chapter 15.40 (Limited Density Owner-Built Rural Dwellings).

2. The dwelling may deviate from prescriptive requirements of the California Building Standards Code as authorized by Title 25, Article 8.

3. The dwelling shall be occupied solely by the property owner or the owner’s family for a minimum period of three (3) years from the date of final inspection or certificate of occupancy.

4. Sale, lease, rental, sublease, license, or employee housing use within the three-year period is prohibited unless waived by the building official upon a finding of unreasonable hardship.

5. Use of a dwelling as a short-term rental is prohibited.

6. Mariposa County’s review and inspections do not constitute a warranty or guarantee of structural adequacy for seismic forces, wind loads, snow loads, or fire behavior beyond the minimum standards of this chapter.

7. This covenant shall run with the land and be binding upon all successors and assigns.

OWNER ACKNOWLEDGMENT:

Owner Name: ____________________________ Signature:

---

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.270 Abatement Of Substandard Buildings/Violations

Notwithstanding the foregoing, this section is cumulative to all other remedies now or hereafter available to abate or otherwise regulate or prevent public nuisances or to enforce the provisions of the Mariposa County Code.

HISTORY

Adopted by Ord. 1206 on 2/3/2026 15.40.280 Severability

If any section, subsection, sentence, clause, or phrase of this chapter is held invalid, such decision shall not affect the validity of the remaining portions.

HISTORY

Adopted by Ord. 1206 on 2/3/2026