Napa County Municipal Code Ch. 15.04 Administration of Building Regulations

Footnotes:

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Editor's note— Ord. No. 1350, § 1, adopted Nov. 23, 2010, amended Ch. 15.04 in its entirety to read as herein set out. Former Ch. 15.04, §§ 15.04.010—15.04.090, pertained to the same subject matter. See the Ordinance List and Code Comparative Table and Disposition List for complete derivation.

A. Section 18941.5 of the California Health and Safety Code provides that the governing body of every county may make changes or modifications by local ordinance to the California Building Standards Code as approved and adopted by the California Building Standards Commission ("Commission"). The changes or modifications may only establish more restrictive building standards than exist in the Building Standards Code that are reasonably necessary because of local climatic, geological, or topographical conditions within the county. Absent such changes or modifications, the Building Standards Code as written become the applicable regulations of the county one hundred eighty days after their publication by the Commission.

B. The Commission has approved and adopted the 2025 California Building Standards Code, and the county desires to make restrictive changes and modifications to said Code based on local climatic, geological, or topographical conditions existing in the county, in accordance with the requirements of Sections 17958.5 and 17958.7 of the Health and Safety Code. The county also desires to make non-substantive changes relating to administration of the 2025 California Buildings Standards Code to reflect the county's administrative organizational structure.

C. County departments and officials who are charged with implementing and overseeing the 2025 California Building Standards Code, as well as other officials of the county have presented information and evidence to the board of supervisors of the reasonable necessity due to local climatic, geological, and topographical conditions that certain changes or modifications be made in said Code at the time of its adoption.

D. The board of supervisors does hereby and in conjunction with a resolution adopted concurrently herewith expressly determines and finds that the modifications set forth in this ordinance are in fact needed because of the local climatic, geological, and topographical conditions set forth in said resolution.

(Ord. No. 1350, § 1, 11-23-2010, eff. 12-23-2010; Ord. No. 1388, § 1, 12-17-2013, eff. 1-16-2014; Ord. No. 1416, § 1, 11-22-2016; Ord. No. 1450, § 1, 12-17-2019; Ord. No. 1478, § 1, 11-29-2022; Ord. No. 1516, § 1, 12-9-2025)

Except where expressly provided otherwise, all references in the codes or portions thereof adopted by this chapter and Chapters 15.06, 15.12, 15.13, 15.14, 15.15, 15.16, 15.20, 15.24, 15.28, 15.29, 15.30, 15.32, 15.35, and 15.36, to "city" shall mean the Napa County; to "city council" or "mayor" shall mean the board of supervisors of the Napa County; to "state" shall mean the State of California; to "housing act" shall mean the Housing Act of the State of California; to "building official" or "administrative authority" shall mean the Napa County chief building official; to "health officer" shall mean the Napa County director of planning, building and environmental services or the director's designee; and to "fire marshal" shall mean the chief officer assigned to the Napa County Fire Marshal's Office.

(Ord. No. 1350, § 1, 11-23-2010, eff. 12-23-2010; Ord. No. 1379, § 57, 1-29-2013; Ord. No. 1478, § 2, 11-29-2022; Ord. No. 1516, § 2, 12-9-2025)

There is established within the Napa County planning, building and environmental services department a building division. The board of supervisors shall budget and appropriate such county funds to the planning, building and environmental services department, building division, as it may deem necessary for the operation of such division.

(Ord. No. 1350, § 1, 11-23-2010, eff. 12-23-2010; Ord. No. 1379, § 58, 1-29-2013; Ord. No. 1516, § 3, 12-9-2025)

A. There is established the office of chief building official, who shall be the head of the building division. The chief building official shall mean the director of the Napa County planning, building and environmental services department or the director's authorized designee.

B. The chief building official shall supervise and have charge of all work and inspections relating to and the enforcement of the codes adopted hereunder, except as herein provided.

C. The director of the Napa County planning, building and environmental services department or the director's designee shall supervise and have charge of all inspections relating to the installation of septic tanks and disposal fields.

D. The chief building official shall have such deputy building inspectors as the board of supervisors shall provide and such deputy building inspectors shall assist the chief building official in the performance of their duties, acting under the chief building official's instruction and supervision.

E. The chief building official, the deputies in the building division and representatives of the Napa County department of planning, building and environmental services shall have the right of entry, as defined in various codes adopted by the ordinance codified in this chapter and Chapters 15.06, 15.12, 15.13, 15.14, 15.15, 15.16, 15.20, 15.24, 15.28, 15.29, 15.30, 15.32, 15.35, and 15.36, in, and upon, all buildings and premises in the county for the purpose of making inspections, re-inspections, or otherwise performing their respective duties as may be necessary in the enforcement of this chapter and Chapters 15.06, 15.12, 15.13, 15.14, 15.15, 15.16, 15.20, 15.24, 15.28, 15.29, 15.30, 15.32, 15.35, and 15.36.

F. It shall be the duty of the chief building official to have a permanent record kept of all pertinent transactions of their office and to render a report when requested to the board of supervisors of all permits issued and fees collected. All fees collected shall be turned over to the county treasurer for deposit into the general fund of Napa County.

(Ord. No. 1350, § 1, 11-23-2010, eff. 12-23-2010; Ord. No. 1379, § 59, 1-29-2013; Ord. No. 1399, § 13, 3-24-2015; Ord. No. 1450, § 2, 12-17-2019; Ord. No. 1516, § 4, 12-9-2025)

The provisions of this chapter and Chapters 15.06, 15.08, 15.12, 15.13, 15.14, 15.15, 15.16, 15.20, 15.24, 15.28, 15.29, 15.30, 15.32, 15.35, and 15.36, shall apply to all buildings and structures in the unincorporated territory of Napa County.

(Ord. No. 1350, § 1, 11-23-2010, eff. 12-23-2010; Ord. No. 1450, § 3, 12-17-2019; Ord. No. 1516, § 5, 12-9-2025)

A. An application for any proposed work shall be deemed to have been abandoned one hundred eighty days after the date of filing unless such application has been pursued in good faith or a permit has been issued, except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding one hundred eighty days each.

B. Notwithstanding the provisions of subsection (A), applications submitted to correct code violations or for work that has been commenced or completed prior to issuance of a permit shall have sixty days to complete the application. The building official may shorten or extend the sixty day period taking into consideration the severity of the code violation or other factors that the building official determines are reasonable.

(Ord. No. 1350, § 1, 11-23-2010, eff. 12-23-2010)

A. Except as provided in subsection (C) below, every permit issued by the building official under the provisions of this code shall expire, without further action by the building official, if the building or work authorized by such permit is not commenced within one calendar year from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced, or if no inspection has been requested or performed for a period of one hundred eighty days. Before such work can be recommenced, the permit shall be reinstated with a fee, provided that such suspension or abandonment has not exceeded two years. Building permits that have been expired for over two years shall be considered null and void. A new permit must be obtained to complete any remaining work if a permit was deemed null and void.

B. Any permittee holding an unexpired permit may apply for an extension of time within which the permittee may commence work under that permit when the permittee is unable to commence work within the time required by this section. The building official may extend the time for action by the permittee for a period not exceeding one hundred eighty days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than three times. If the work authorized by a permit is not commenced after the permit was extended three times, the permit shall be considered null and void and the permittee shall be required to obtain a new permit. Permit fees shall be charged as determined by the building official and based on the amount of work remaining to be completed.

C. Permits issued to correct code violations or for work that has been commenced or completed prior to permit issuance shall have sixty days to obtain a final inspection and all required inspections. The building official may shorten or extend the ninety-day period taking into consideration the severity of the code violation or other factors that the building official determines are reasonable.

(Ord. No. 1350, § 1, 11-23-2010, eff. 12-23-2010; Ord. No. 1388, § 2, 12-17-2013, eff. 1-16-2014; Ord. No. 1478, § 3, 11-29-2022; Ord. No. 1516, § 6, 12-9-2025)

A. It is unlawful and a public nuisance for any persons, firm or corporation, whether as principal, agent, employee or otherwise, to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the unincorporated territory of Napa County, or cause the same to be done, contrary to or in violation of any of the provisions of this chapter or Chapters 15.06, 15.08, 15.12, 15.13, 15.14, 15.15, 15.16, 15.20, 15.24, 15.28, 15.29, 15.30, 15.32, 15.35, and 15.36. Maintenance of equipment which was unlawful at the time it was installed and which would be unlawful under this chapter or Chapters 15.06, 15.08, 15.12, 15.13, 15.14, 15.15, 15.16, 15.20, 15.24, 15.28, 15.29, 15.30, 15.32, 15.35, and 15.36, shall constituted a continuing violation of this chapter or Chapters 15.06, 15.08, 15.12, 15.13, 15.14, 15.15, 15.16, 15.20, 15.24, 15.28, 15.29, 15.30, 15.32, 15.35, and 15.36.

B. In addition to any procedures for abatement set forth in Title 24 of the California Code of Regulations as adopted by Chapters 15.12, 15.13, 15.14, 15.15, 15.16, 15.20, 15.24, 15.28, 15.29, 15.30, 15.32, 15.35, and 15.36, violations thereof or of Chapter 15.06 or 15.08 may be civilly abated or criminally prosecuted and punished in the manner set forth in Chapter 1.20 of this code for public nuisances as defined therein.

(Ord. No. 1350, § 1, 11-23-2010, eff. 12-23-2010; Ord. No. 1355, § 10, 3-1-2011; Ord. No. 1450, § 4, 12-17-2019; Ord. No. 1516, § 7, 12-9-2025)

This chapter or Chapters 15.06, 15.08, 15.12, 15.13, 15.14, 15.15, 15.16, 15.20, 15.24, 15.28, 15.29, 15.30, 15.32, 15.35, and 15.36 shall not impose upon Napa County any liability or responsibility for damage resulting from defective building, plumbing, mechanical or electrical work; nor shall Napa County, or any official or employee thereof, be held to assume any such liability or responsibility by reason of the inspection authorized hereunder.

(Ord. No. 1350, § 1, 11-23-2010, eff. 12-23-2010; Ord. No. 1450, § 5, 12-17-2019; Ord. No. 1516, § 8, 12-9-2025)

A. In order to hear and decide appeals of orders, decisions or determination made by the building official relative to the application and interpretation of the regulations adopted by Chapters 15.12, 15.13, 15.14, 15.15, 15.16, 15.20, 15.24, 15.28, 15.29, 15.30, 15.32, 15.35, and 15.36, there shall be and is hereby created a unified board of appeals consisting of five voting members who are qualified by experience and training to pass upon matters pertaining to building construction and at least one of whom shall be qualified by experience and training to pass upon matters pertaining to disability access. None of the voting members shall be an employee of the county. The building official shall be an ex officio member of and shall act as secretary to the board of appeals but shall have no vote on any matter before the board. The board of appeals shall be appointed by the board of supervisors and shall hold office at its pleasure. The board of appeals shall adopt rules of procedure for conducting its business, shall render its decisions and findings in writing to the appellant with a duplicate copy to the building official, and may recommend to the board of supervisors such new legislation as is consistent with those decisions.

B. The board of appeals shall have no authority relative to interpretation of the administrative provisions of the various codes adopted in this title, including all of Chapters 15.04 and 15.08, nor shall the board of appeals be empowered to waive the requirements of such codes.

C. The decision of the board of appeals is final, and may not be appealed in the manner provided by Chapter 2.88 of this code.

(Ord. No. 1350, § 1, 11-23-2010, eff. 12-23-2010; Ord. No. 1388, § 1, 12-17-2013, eff. 1-16-2014; Ord. No. 1450, § 6, 12-17-2019; Ord. No. 1516, § 9, 12-9-2025)