Chapter IV — BUILDING AND HOUSING — Novato Municipal Code

Sections:

4-1 - Administrative Provisions; Building Code; Residential Code; Electrical Code; Mechanical Code; Plumbing Code; Energy Code; Wildland-Urban Interface Code, Historical Building Code; Fire Code; Existing Building

Code; Green Standards Code; Referenced Standards Code; Property Maintenance Code; Swimming Pool and Spa Code.[1]

4-1.1 Purpose of this Section. This section is adopted for the purpose of establishing rules and regulations governing building activity in the City; provides for the collection of permit fees, the issuance of permits; provides for the adoption of the latest editions of recognized construction and abatement codes; provides for amending such codes and thus specifically regulates erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, facilities, height, area maintenance and abatement of buildings and/or structures in the city, including electrical, gas, plumbing, mechanical and similar installations, and the maintenance and operation of such systems; includes regulations applying to construction of fences and swimming pools and provides for the abatement of unsafe buildings.

Wherever a conflict occurs between or within building codes, State regulations or city ordinances, the more restrictive shall apply.

4-1.2 Findings.

The city council finds that in order to best protect the health, safety, sustainability and welfare of the citizens of Novato, the administrative regulations adopted herein and hereinafter referred to as the "administrative provisions" and the building standards for building construction, hereinafter referred to as the "technical codes," and also known as the 2025 Edition of the California Building Standards Code and the California Code of Regulations, Title 24, including Parts 2, 2.5, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12; the 2024 International Property Maintenance Code, and the 2024 International Swimming Pool and Spa Code, shall be adopted as provided herein.

Based on the materials presented by and the recommendations of the city's building official and fire chief, the city council finds that it is necessary to make technical, procedural and administrative modifications and changes to the California Building Standards Code and to adopt certain appendices to the California Building Standards Code as specifically adopted in this ordinance, to provide more efficient, economical and expeditious enforcement of the building standards of the City of Novato, hereinafter referred to as "the City." The city council further finds and determines that pursuant to Health and Safety Code Sections 13143.5, 17958, 17958.5, 17958.7 and 18941.5 the substantive amendments to California Building Standards Code, which are adopted by this chapter, are reasonable and necessary because of local climatic, geographical, or topographical conditions and do not lessen, diminish, or change the standards set forth within the California Building Standards Code except as authorized by law.

This code is adopted pursuant to the authority granted by Section 7 of Article XI of the California Constitution to a county or city to make and enforce within its limits all such local, police, sanitary and other ordinances and regulations as are not in conflict with general laws. It is further adopted in conformity with the provisions of Sections 50022.1 through 50022.10, inclusive, of the Government Code relating to adoption of codes by reference.

Pursuant to Health and Safety Code Section 18909(c), certain administrative provisions adopted by this chapter are procedural and administrative in nature and are not subject to the requirements of findings pursuant to Sections 17958.5, 17958.7 and 18941.5.

The city council hereby makes the following express findings of necessity, as applicable, for the modifications to the California Building Standards Code:

Express Finding of Necessity #1: The City's topography and terrain contain areas which are very susceptible to wildland fires, having a local climate characterized by hot, dry summers with periodic high winds which are a predominate factor in the spread of fire by burning embers that are carried by the wind to adjacent exposed areas. This is further compounded by agricultural and recreational use of lands contained within the City, as well as the open space, brush and hills that are part of and immediately adjacent to the City. These topographic and climatic conditions impact the City's built environment, operations, public services and emergency services in such a way that their effects should be mitigated through appropriate amendments to the construction codes where practical.

Express Finding of Necessity #2: Earthquake activity represents significant potential hazards which could result in road closures, loss of housing, fires, injuries, collapsed buildings, and isolation of persons requiring assistance. Additionally, soil conditions within the City are such that liquefaction may occur during seismic activity, creating the potential for structure collapse or mudslides. There are only a limited number of thoroughfares through the City, and during periods of traffic congestion resulting from roadway obstructions, emergency services response times are increased. Proximity to a number of regional earthquake faults such as the San Andreas, Hayward and Rogers Creek faults, located only a few miles from the City, as well as the local Burdell Mountain and Tolay faults, represent a geologic hazard that could significantly impact the public and City operations, public services, infrastructure, housing, emergency services and its economic well-being in such a way that the potential hazards should be mitigated through appropriate amendments to the construction codes where practical.

Express Finding of Necessity #3: Due to the elevation of the City in relation to sea level and periodic storms resulting in significant rainfall, flooding during the rainy season often restricts traffic, has a detrimental effect on structures, housing and their occupants and can impair emergency services' ability to respond to life threatening emergencies. The City is crisscrossed by a number of creeks and drainages which move surface water from hills on the west to the Bay on the east. During periods of high rainfall, these drain channels can be overcome and soils become saturated, resulting in localized ponding and flooding. These geological and climatic conditions impact the public and the City's operations and emergency services in such a way that their effects should be mitigated through appropriate amendments to the construction codes where practical.

Express Finding of Necessity #4: The City's climate is periodically subject to relatively dry winters, hot dry summers and droughts. The City is also subject to a combination of strong winds, low humidity and high temperatures which may lead to the shutoff of electrical power by the serving utility company, thereby negatively impacting the community and the City's emergency services. The lack of rainfall can result in water shortages and reductions in available ground water that impact the public health, safety, and welfare of its citizens and businesses in such a way that their effects should be mitigated through appropriate amendments to the construction codes to prohibit the use of equipment or fixtures which waste water and require water conservation measures, the efficient use of potable water, including utilization of fire-resistive construction and fire protection systems to reduce the use of water for fire-fighting, and other water-saving measures.

4-1.3 Administrative Provisions.

Based upon the express findings of necessity #1, #2, #3 and #4 set forth in Section 4-1.2, the administrative provisions set forth within this chapter are hereby adopted.

By adoption of the administrative provisions in this chapter the city council does not intend to create, establish, or impose any mandatory duty or liability on the part of the city, its officers, employees, or any other person acting on its behalf, notwithstanding the use of "shall," "will," "must" or similar terms within this section. The following administrative provisions are hereby adopted and shall apply to the technical codes adopted by reference in this chapter as may be amended herein:

SECTION 101 GENERAL

101.1 Title. The provisions of Novato Municipal Code Section 4-1.3 shall be known as the "administrative provisions" and shall be cited as such. These administrative provisions, together with the technical codes adopted by the city council, will be referred to herein as "this code."

101.1.1 Purpose. The purpose of these administrative provisions is to protect the health, safety, and welfare of the public as they pertain to building construction and the built environment and provide for the administration and enforcement of the technical codes adopted by the City. The purpose of the technical codes adopted by the City is to establish minimum building standards to safeguard public safety, health and general welfare through sustainability, mitigation of environmental impacts, access to persons with disabilities, affordability, structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations.

101.2 Scope. These administrative provisions shall serve as the administrative, organizational and enforcement rules and regulations in support of the technical codes adopted by the City which regulate the planning, design, site preparation, construction, alteration, relocation, enlargement, replacement, moving, demolition, repair, maintenance, operation, use and occupancy of buildings, structures, building service equipment and any appurtenances connected or attached to such buildings or structures within the City.

The provisions of each of the technical codes shall apply as follows:

101.2.1 Reserved

101.2.2 California Building Code. The provisions of the California Building Code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, moving, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, may comply with either this code or the California Residential Code.

101.2.2.5 California Residential Code. The provisions of the California Residential Code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, moving, maintenance, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height.

101.2.3 California Electrical Code. The provisions of the California Electrical Code shall apply to the installation, alterations, repairs and replacement of electrical systems, including but not limited to, electrical wiring, equipment, appliances, fixtures, devices, fittings and/or appurtenances, and other electrical-related systems, materials, parts or components.

101.2.4 California Mechanical Code. The provisions of the California Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including but not limited to, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air- conditioning and refrigeration systems, commercial kitchen equipment, incinerators and other energy systems. The provisions of the California Mechanical Code shall also apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.

101.2.5 California Plumbing Code. The provisions of the California Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including but not limited to, equipment, appliances, fixtures, fittings and appurtenances, and other equipment where connected to a water or sewage system and all aspects of a medical gas system.

101.2.6 California Energy Code. The provisions of the California Energy Code shall apply to all matters governing the design and construction of buildings for energy efficiency.

101.2.7 California Wildland-Urban Interface Code. The provisions of the California Wildland Urban Interface Code apply to building materials, systems and assemblies used in the design and construction of buildings located in Federal, State or Local High Fire Severity Zones.

101.2.8 California Historical Building Code. The provisions of the California Historical Building Code shall apply to the preservation, restoration, rehabilitation, relocation or reconstruction of buildings or properties designated as qualified historical buildings or properties.

101.2.9 California Fire Code. The provisions of the California Fire Code shall apply to matters affecting or relating to structures, processes and premises with respect to the following:

The hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices.

Conditions hazardous to life, property or public welfare in the occupancy of structures or premises.

Fire hazards in the structure or on the premises from occupancy or operation.

Matters related to the construction, extension, repair, alteration or removal of fire protection systems.

Conditions affecting the safety of fire fighters and emergency responders during emergency operations.

101.2.10 California Existing Building Code. The provisions of the California Existing Building Code shall apply to the repair, alteration, change of use or occupancy, addition to and relocation of existing buildings.

Exception: Existing detached one- and two-family dwellings and existing townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with either the California Existing Building Code or the California Residential Code.

101.2.11 California Green Building Standards Code. The provisions of the California Green Building Standards Code shall apply to the planning, design, operation, construction, sustainability, use and occupancy of all newly constructed and altered buildings or structures.

101.2.12 California Referenced Standards Code. The provisions of the California Referenced Standards Code contain the standards referenced in the various parts of the California Building Standards Code (Title 24).

101.2.13 International Property Maintenance Code. The provisions of the International Property Maintenance Code contain the minimum requirements and standards for all existing residential and non-residential premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, fire and safety hazards, and sanitary maintenance; responsibility of owner and owner's authorized agents, operators, and occupants; the occupancy of existing structures and premises, and for enforcement and penalties.

101.2.14 International Swimming Pool and Spa Code. The provisions of the International Swimming Pool and Spa Code shall apply to the construction, alteration, movement, replacement, repair and maintenance of aquatic recreation facilities, pools, and spas. The pools and spas covered by this code are either permanent or temporary and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing, or wading.

101.3 Application of Fire Code to Existing Buildings. Where work regulated by this code is also regulated by the construction requirements for existing buildings in Chapter 11 of the California Fire Code, such work shall comply with applicable requirements in both codes. Where a conflict between the codes exists, the more restrictive requirement shall apply.

101.2.4 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall be permitted to comply with the provisions of the laws in existence at the time of its original permit unless such permit has expired. Subsequent permits shall comply with the California Building Code or California Residential Code, as applicable, for new construction.

101.4.1 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, unless otherwise limited, restricted, or prohibited in

the California Existing Building Code or the California Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

101.2.5 Building evaluation. The building official is authorized to require an existing building to be investigated and evaluated by a registered design professional at owner's cost, when the building official determines that such evaluation is necessary to safeguard the public health, safety and welfare insofar as they are affected by a proposed repair, alteration, change of occupancy, change in use, addition, relocation of an existing building, when unpermitted work has occurred, when the building has been damaged or when the building official determines that the building may be unsafe or dangerous. The design professional shall notify the building official if any potential nonconformance with the provisions of the California Existing Building Code is identified or observed.

101.2.10.6 Safeguards During Construction. On and offsite construction work on new and existing buildings, including any related demolition, shall comply with the requirements of Chapter 33 of the California Building Code.

SECTION 102 APPLICABILITY

102.1 Conflict between codes. Where there is a conflict between a general requirement and a specific requirement in the technical codes, the specific requirement shall be applicable. Where conflicts occur between the provisions of the technical codes and referenced standards, the provisions of the technical codes shall apply. Where conflicts between technical codes occur, the more restrictive requirement, as determined by the Building Official, shall apply.

102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.

102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. Where references in this code are made to Chapter 1, Division II (Scope and Administration) of the California Building Code, California Residential Code, California Plumbing Code, California Mechanical Code, California Fire Code, California Wildland-Urban Interface Code, the California Existing Building Code, or Appendix AH of the California Electrical Code, the applicable corresponding provisions contained within these administrative provisions shall apply.

102.4 References to prior code. Unless superseded and expressly repealed, references in City forms, documents and regulations to the chapters and sections of this code previously adopted by the city council, shall be construed to apply to the corresponding provisions contained within this code.

102.5 Referenced codes and standards. The technical codes and standards referenced in this code and the other building and construction regulations of the Novato Municipal Code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and other referenced codes and standards, the more restrictive provision shall apply. Where there is a conflict between a general standard and a specific standard, the specific standard shall be applicable.

All reference to codes published by the National Fire Protection Association, the International Code Council, the International Association of Plumbing and Mechanical Officials and other code publishing organizations

listed within the referenced standards, shall be replaced by similar equivalent provisions, if available and published in the California Building Standards Code as adopted and amended by the City of Novato.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance as approved by the building official and/or the Fire Marshal, the conditions of the listing and manufacturer's instructions shall apply.

102.6 Appendices. Provisions in the appendices or annexes of the technical codes shall not apply unless such appendices or annexes or provisions in which they are contained, have been specifically adopted.

102.7 Partial invalidity. In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.

102.8 Existing installations of building service equipment. Unless otherwise specifically required by federal, state or local laws, regulations or ordinances, building, electrical, plumbing, mechanical, sustainability measures, energy systems and conveyance equipment, components and systems lawfully in existence at the time of the adoption of the technical codes may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original approved design and a hazard to life, health, safety, or property has not been created by such building service equipment.

102.9 Existing occupancy. The legal use and occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically required by the California Existing Building Code, the California Historical Building Code, the California Fire Code, State Housing Law, this code or any other federal or state regulation preempting these regulations, as applicable.

102.10 Additions, alterations or repairs. Additions, alterations or repairs to any electrical, mechanical or plumbing equipment, components or systems or to any structure shall conform to the applicable requirements for new construction without requiring the entire existing structure or system to comply with all of the requirements of this code, unless otherwise stated in this code. Additions, alterations or repairs shall not cause an existing structure or electrical, mechanical or plumbing equipment, component or system to become unsafe or adversely affect the condition of the building. Additions, alterations and repairs (including supporting elements or systems) to structures shall comply with the minimum requirements of this code, as applicable.

102.11 Moved Buildings. Moved buildings shall comply with the California Existing Building Code.

102.12 Maintenance. Buildings and structures, and parts thereof including but not limited to structural and nonstructural components, electrical, plumbing and mechanical equipment, components and systems, shall be maintained in a safe, sanitary and proper operating condition. Devices or safeguards which are required by this code shall be maintained in conformance with the technical code edition under which it was installed. The owner or the owner's designated agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this subsection, the building official shall have the authority to require a building or structure to be re-inspected. The requirements of this chapter shall not provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures.

SECTION 103 DEFINITIONS

For the purpose of these administrative provisions, certain terms, phrases, words and their derivatives shall be construed as specified in this section or as otherwise defined in the applicable technical codes. Where terms

are not defined, they shall have their ordinarily accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, shall be considered as providing ordinarily accepted meanings.

…ADDITION. See California Building Code Section 202.

…ALTER or ALTERATION. See California Building Code Section 202.

…APPROVED. See California Building Code Section 202.

…ATTRACTIVE NUISANCE. See definition for "Nuisance."

…BUILDING. See California Building Code Section 202.

…BUILDING, EXISTING. See California Building Code Section 202.

…BUILDING OFFICIAL. See California Building Code Section 202.

…BUILDING SERVICE EQUIPMENT. The plumbing, mechanical, electrical and elevator equipment including piping, wiring, ductwork, fixtures and other accessories, components and devices which provide sanitation, lighting, power, security, heating, ventilation, cooling, refrigeration, cooking, fire-suppression, alarms and transportation facilities essential to the occupancy of the building or structure for its designated use.

…CITY. See Chapter 1-2 of the Novato Municipal Code.

…DANGEROUS BUILDING. See definition for "Unsafe Structure."

…JURISDICTION. See California Building Code Section 202.

…NUISANCE. (See definition in Novato Municipal Code Section 1-6.2)

…OCCUPANCY is the purpose for which a building, or part thereof, is used or intended to be used.

…OWNER is any person, agent, firm or corporation having a legal or equitable interest in the property.

…PARTY IN INTEREST means the record owner as the name and address of that person or entity appears on the last equalized assessment roll and if known, the person in real or apparent charge and control of the premises involved, and if known, the holder of any mortgage, trust deed or other lien or encumbrance of record or any other known beneficiary to the building or structure or the land upon which it is located, and if known, residential tenants of a property.

…PERMIT. See California Building Code Section 202.

…PERMIT VALUATION, means the estimated total value of the work for which a permit is being issued, including labor, materials, overhead and profit as determined by the building official. Permit valuation shall include the total value of all work for building service equipment, such as electrical, gas, mechanical, plumbing, and other permanent systems, or portions thereof for which a permit is being issued. Permit valuation shall include the value of all new, replaced or altered casework, appliances, fixtures, finishes, equipment and other items and appurtenances attached to or serving a building, structure, or appendage, in kind, based on current estimated replacement costs. Permit valuation shall also include the value of displays, shelving or other elements or fixtures within or immediately adjacent to an accessible route as defined by the California Building

Code. Cord and plug connected equipment not otherwise regulated by this code shall be excluded from the calculation of permit valuation.

…PERMITTEE is the responsible party designated on a permit. The permittee shall either be the property owner, the property owner's authorized representative or a contractor licensed to perform or oversee the permitted work.

…PERSON An individual, heirs, executors, administrators, or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.

…PUBLIC NUISANCE. See definition for "Nuisance."

…REPAIR. See California Building Code Section 202.

…STRUCTURE. See California Building Code Section 202.

…SUBSTANTIAL REMODEL. Substantial Remodel shall mean the repair and/or renovation of any structure, which combined with any additions to the structure, affects a floor area which is fifty percent of the existing floor area of the structure within any 36-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 the purpose of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings.

…TECHNICAL CODES are those codes adopted by the city council in Chapter 4-1.4 of the Novato Municipal Code containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and building service equipment as herein defined.

THIS CODE refers to the provisions in this chapter, together with the technical codes adopted by the city council as amended herein.

…UNSAFE STRUCTURE. Any building or structure which has any or all of the conditions or defects as determined by the building official, hereinafter described is an unsafe building provided that such conditions or defects exist to the extent that life, health, property, or safety of the public or its occupants are endangered. For the purposes of this code, the term "dangerous building" is synonymous with the term "unsafe building."

(a)

Whenever any door, aisle, passageway, or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.

(b)

Whenever the walking surface of any aisle, passageway, path of travel, stairway or other means of exit is so warped, worn, loose, torn, obstructed or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

(c)

Whenever the stress in any materials, member, or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed for new buildings of similar structure, purpose, or location.

(d)

Whenever any portion of a building or structure has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements for new buildings of similar structure, purpose, or location.

(e)

Whenever any portion, member, or appurtenance of a building or structure thereof is likely to fail, to become detached or dislodged, or to collapse and thereby injure persons or damage property.

(f)

Whenever any portion of a building or structure, or any member, appurtenance, or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted for such buildings.

(g)

Whenever any portion of a building or structure has cracked, warped, buckled, or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

(h)

Whenever the building or structure, or any portion thereof, because of (1) dilapidation, deterioration, or decay; (2) faulty construction; (3) the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; (4) the deterioration, decay, or inadequacy of its foundation; or (5) any other cause, is likely to partially or completely collapse.

(i)

Whenever, for any reason, the building, structure, or any portion thereof, including equipment regulated by this code, is manifestly unsafe for the purpose of which it is being used.

(j)

Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.

(k)

Whenever the building or structure, exclusive of the foundation, shows thirty-three percent or more damage or deterioration of its supporting member or members, or fifty percent damage or deterioration of its non- supporting members, enclosing or outside walls or coverings.

(l)

Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood or has become so dilapidated or deteriorated so as to become (1) an attractive nuisance to children or, (2) a public nuisance, or (3) freely accessible to persons for the purpose of committing unlawful acts.

(m)

Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement of this code as applicable, including construction without a permit, or prohibition pursuant to California Health and Safety Code Section 17920.3 or of any law or ordinance of this state or jurisdiction relating to the condition or location of said structure or building.

(n)

Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member, or portion less than fifty percent, or in any supporting part, member, or portion less than sixty-six percent of the (1) strength, (2) fire-resisting qualities or characteristics, or (3) weather-resisting qualities or characteristics, required by law in the case of a newly constructed building of like area, height, and occupancy in the same location.

(o)

Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangements, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer, fire chief or building official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease.

(p)

Whenever any building, structure or portion thereof, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, inadequate maintenance, damage from an earthquake, flood, fire or other calamity, abandonment, exposure to hazardous materials, lack of sufficient fire-resistive construction, faulty electric wiring, faulty or unsafe gas conditions or heating apparatus, unsanitary conditions or other cause, is determined by the fire chief or building official to be a fire hazard, attractive nuisance, hazard to the life, safety or health of the public or occupants of the building.

(q)

Whenever any building or structure is in such a condition as to constitute a public nuisance or as otherwise known to common law or equity jurisprudence.

(r)

Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or portion thereof, or whenever any building or structure so abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

(s)

Whenever any building or structure has been abandoned or becomes vacant, is dilapidated and unsecured or open at exterior doors or windows, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers or is otherwise an attractive nuisance or hazard to the public.

(t)

Whenever any building, structure or portion thereof, whether structurally damaged or not, is dangerous to human life by reason of being located in an area which is unsafe due to hazards from landslides, settlement, or slippage or any other cause.

(u)

Whenever any building, structure or portion thereof, because of unfinished, uninspected or uncompleted work required under a building permit and where the permit for the work has expired, or uncompleted work that would have been required under a building permit but where no permit has been issued, is determined by the building official to be a fire hazard, attractive nuisance, hazard to the life, safety or health of the public or occupants of the building.

(v)

Whenever any building or structure is declared to be substandard as defined in Section 17920.3 of the California Health & Safety Code.

SECTION 104 BUILDING DEPARTMENT

104.1 Creation of enforcement agency. The building department is hereby created and the official in charge thereof shall be known as the building official.

104.2 Appointment. The building official shall be appointed by the city manager.

104.3 Deputies. The building official, with the approval of the city manager, shall have the authority to appoint deputy building officials, technical officers, inspectors, plans examiners and other employees or official representatives of the building department. Such employees or official representatives shall have powers as delegated by the building official.

SECTION 105 DUTIES AND POWERS OF THE BUILDING OFFICIAL

105.1 General authority. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in conformance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. The building official is hereby authorized to request the assistance and cooperation of other officials of this jurisdiction or other individuals, agencies, departments or organizations so far as required in the discharge of the duties in accordance with this code or other pertinent law or ordinance.

105.1.1 Listed Compliance. Where this code or a referenced standard requires equipment, materials, products or services to be listed and a listing standard is specified, the listing shall be based on the specified standard.

Where a listing standard is not specified, the listing shall be based on an approved listing criteria. Listings shall be germane to the provision requiring the listing. Installation shall be in accordance with the listing and the manufacturer's instructions, and where required to verify compliance, the listing standard and manufacturer's instructions shall be made available to the building official

105.1.2 Technical Assistance. To determine compliance with this code, the building official is authorized to determine compliance with this code, to require the owner or owner's authorized agent to provide a technical opinion and report.

105.1.2.1 Cost. A technical opinion and report shall be provided without charge to the jurisdiction.

105.1.2.2 Preparer Qualifications. The technical opinion and report shall be prepared by a qualified engineer, specialist, laboratory or specialty organization acceptable to the building official. The building official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.

105.1.2.3 Content. The technical opinion and report shall analyze the properties of the design, operation or use of the building or premises and the facilities and appurtenances situated thereon to identify and propose necessary recommendations.

105.1.2.4 Tests. Where there is insufficient evidence of compliance with the provisions of this code, the building official shall have the authority to require tests as evidence of compliance. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized test standards, the building official shall approve the testing procedures. Such tests shall be performed by a party acceptable to the building official.

105.1.3 Authorization to investigate. The building official is authorized to investigate the cause, origin, and circumstances of any fire, explosion, or other hazardous condition.

105.1.4 Dangerous equipment. When the use of any electrical, plumbing or mechanical equipment or its installations is found to be dangerous to human life, health or property, the building official shall have the authority to have the premises disconnected from its source of electric, gas or water supply as applicable. The building official shall provide written notice of such disconnection, and the causes therefor shall be given within 24 hours to the owners, the occupant, or both, of such building, structure, or premises. It shall be unlawful for any person to reconnect the equipment to its source of electric supply, or to use or permit to be used electric power in any such electrical equipment until such causes for the disconnection have been remedied to the satisfaction of the building official.

105.1.5 Delegation of authority. The building official shall be permitted to delegate to other qualified individuals such powers as necessary for the proper administration and enforcement of this code. The building official is authorized to deputize qualified individuals for the purpose of posting notices and placards and enforcing this code on behalf of the building official.

105.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.

105.3 Notices and orders. The building official shall ensure that all necessary notices or orders are issued to ensure compliance with this code.

105.4 Inspections. The building official is authorized to make all required inspections, or the building official shall have the authority to accept reports of inspection by agencies or individuals approved by the building official for that specific purpose. Reports of such inspections shall be in writing and be prepared by a responsible officer of such approved agency or by the responsible individual. The building official may seek and engage expert opinion as deemed necessary to report upon unusual technical issues that arise.

105.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

105.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises potentially unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structures or premises are unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.

105.6.1 Warrant. Where the building official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner, the owner's authorized agent, occupant or person having charge, care or control of the structure or premises shall not fail or neglect, after a proper request is made as herein provided, to permit entry therein by the building official for the purposes of inspection and examination pursuant to this code.

105.7 Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records of the City for the period required by the City or state for the retention of the specific public record.

105.8 Liability. The building official or his/her designee, agent, consultant, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.

105.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.

105.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used materials, equipment and devices shall not be reused unless approved by the building official.

105.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, provided the building official shall first find that the specific circumstance makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety requirements or structural requirements. The details of granting the modification shall be recorded and entered in the files of the building department.

105.10.1 Flood Hazard Areas. The building official shall not grant modifications to any provision required in flood hazard areas as established by Section 1612.3 unless the modifications are made pursuant to the requirements of Novato Municipal Code Chapter 5-31 (Flood Damage Prevention Requirements)

105.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has first been approved. The building official shall have the authority to approve an alternative material, design or method of construction upon application of the owner or the owner's authorized agent. The building official shall first find that the proposed design or method is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Compliance with the specific performance-based provisions of the California Building Standards Code shall be an alternative to the specific requirements of this code. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved.

105.11.1 Approval Authority. An alternative material, design or method of construction shall be approved where the building official finds that the proposed alternative is satisfactory and complies with Sections 105.11.2 through 105.11.2.7, as applicable.

105.11.2 Application and Disposition. Where required, a request to use an alternative material, design or method of construction shall be submitted in writing to the building official for approval. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons the alternative was not approved.

105.11.3 Compliance with code intent. An alternative material, design or method of construction shall comply with the intent of the provisions of this code.

105.11.4 Equivalency criteria. An alternative material, design or method of construction shall, for the purpose intended, be not less than the equivalent of that prescribed in this code with respect to all of the following, as applicable:

Quality.

Strength.

Effectiveness.

Durability.

Safety, other than fire safety.

Fire safety.

105.11.5 Research reports. Supporting data may be required by the building official where necessary to assist in the approval of materials or assemblies not specifically provided for in this code. Supporting data may consist of valid research reports, test reports or manufacturer's data from sources approved by the building official.

105.11.5.1 Evaluation Reports. Evaluation reports shall be issued by an approved agency and use of the evaluation report shall require approval by the building official for the installation. The alternate material, design or method of construction and product evaluated shall be within the scope of the building official's recognition of the approved agency. Criteria used for the evaluation shall be identified within the report and, where required, provided to the building official.

105.11.6 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records for his type of record.

SECTION 106 PERMITS

106.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy or use of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system or component thereof or any accessible feature, element or component, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

106.1.1 Annual permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit.

106.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times,

or such records shall be filed with the building official as designated.

106.2 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

One-story detached accessory buildings and structures used as tool and storage sheds, playhouses, trellises, arbors, gazebos, pergolas, shade structures for other than motor vehicles, and similar uses, when located on a parcel which contains an existing one- or two-family dwelling, or a Group R or Group U Occupancy building, provided that the building or structure complies with the development regulations of Novato Municipal Code Title 19, and the floor area does not exceed 120 square feet, and the total height does not exceed 8 feet, and the structure contains no plumbing, electrical wiring or heating appliances or equipment. The permit exemption provided in this paragraph shall not apply to accessory buildings or structures used as habitable space, workshops, studios, offices, pool houses, guest rooms, mechanical or equipment rooms, or other rooms or spaces commonly occupied or used to shelter installed mechanical equipment.

Fences constructed of anything other than stone, masonry or concrete, not over 7 feet in total height. Fences constructed of stone, masonry or concrete, not over 6 feet in total height.

Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall and retaining not more than 3 feet of material, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to 1.

Sidewalks, walkways, nonstructural concrete slabs and driveways not more than 30 inches above adjacent grade and not over any basement or story below and are not part of an accessible route.

Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work not otherwise altering building service equipment or subject to the accessibility requirements contained in Chapters 11A or 11B of the California Building Code.

Temporary motion picture, television and theater stage sets and scenery.

Prefabricated swimming pools accessory to a detached one- or two-family dwelling that are less than 18 inches deep, do not exceed 5,000 gallons, and are installed entirely above ground.

Shade cloth or similar structures constructed for nursery or agricultural purposes, located within an Agriculture zoning district.

Swings and other playground equipment with a projected area of less than 120 square feet and are accessory to detached one- and two-family dwellings not subject to the accessibility requirements contained in Chapters 11A or 11B of the California Building Code.

Window awnings for Groups R-3 and U occupancies and for detached one-and two-family dwellings supported by an exterior wall which do not project more than 54 inches from the exterior wall and do not require additional support.

Recovering of awnings on previously approved existing framework.

Decks subject to the requirements of the California Residential Code not exceeding 200 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a building and do not serve a required exit door or an accessible route.

Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height and work not otherwise subject to the accessibility requirements contained in Chapters 11A or 11B of the California Building Code.

A tree house that does not exceed 64 square feet in floor area and 8 feet in height measured from the top of the treehouse floor to highest point on the roof and does not exceed a total height of 15 feet measured from grade plane to the top of the treehouse floor or highest point on the roof whichever is higher. For the purposes of this exemption, a tree house is defined as a non-habitable play structure supported in whole or in part by a tree.

Flagpoles that are freestanding and not erected upon a building or structure and not more than 15 feet in height above grade plane.

In-kind-repair or replacement of 32 square feet or less of drywall, siding, or stucco, or 100 square feet of roofing within any 12-month period.

Electrical:

Listed cord-and-plug connected temporary decorative lighting.

Reinstallation of existing attachment plug receptacles, but not the outlets, therefor.

Replacement of branch circuit overcurrent devices of the required capacity in the same location

Electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

Minor repair work, including installation or replacement of equipment such as lamps and electric utilization equipment approved for connection to approved permanently installed receptacles.

Electrical equipment used for radio and television transmissions, except equipment and wiring for a power supply and the installation of towers and antennas.

Installation of any temporary system required for the testing or servicing of electrical equipment or apparatus or the process of manufacturing, testing, servicing, or repairing electrical equipment or apparatus.

Replacement of flush or snap switches, fuses, lamp sockets, receptacles, contactor or control device and other minor maintenance and repair work, such as replacing worn cords and tightening connections on a wiring device.

Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the Electrical Code.

Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.

Installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution, or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility.

Mechanical:

A portable heating appliance, portable ventilating equipment, a portable cooling unit, or a portable evaporative cooler.

A closed system of steam, hot, or chilled water piping within heating or cooling equipment regulated by this code.

Replacement of any minor component part or assembly of an appliance that does not alter its original approval of the equipment and complies with other applicable requirements of this code.

Self-contained refrigeration systems containing 10 pounds or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less and refrigerating equipment that is part of the equipment for which a permit has been issued pursuant to the requirements of this code.

A plug-and-cord connected unit refrigeration system.

Portable plug-and-cord connected cooking or clothes-drying appliances.

Portable plug-and-cord connected ventilation or cooling equipment.

Portable plug-and-cord connected evaporative cooler.

Portable fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

Plumbing:

The stopping of leaks in drains, water, soil, waste or vent pipes; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

Exterior rainwater catchment systems used for outdoor non-spray irrigation with a maximum storage capacity of 5,000 gallons where the tank is supported directly upon grade and the ratio of height to diameter or width does not exceed 2 to 1 and does not require electrical power or a makeup water supply connection.

Exterior rainwater catchment systems used for spray irrigation with a maximum storage capacity of 360 gallons.

106.2.1 Emergency repairs. Where equipment replacements and repairs must be performed immediately due to unforeseen circumstances where immediate action must be taken to protect life, health, safety, or property, a permit application shall be submitted for the emergency repair within the next building department working business day to the building official.

106.2.2 Minor Repairs. For uses subject to the California Residential Code or the California Existing Building Code, application or notice to the building official is not required for ordinary or minor maintenance or repairs to structures, including minor damage to nonstructural members, the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal, change or rearrangement of parts of a structure affecting any required means of egress or accessibility requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

106.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment that is under the ownership and control of public service agencies by established right.

106.3 Application for permit. To obtain a permit, the applicant shall first file an application online or in person on a portal or a form furnished by the building department for that purpose.

Such application shall:

Identify and describe the work to be covered by the permit for which application is made.

Describe the land on which the proposed work is to be done by legal description, assessor's parcel number, street address or similar description that will readily identify and definitely locate the proposed building or work.

Indicate the use and occupancy for which the proposed work is intended.

Be accompanied by construction documents and other information as required herein.

State the estimated value of the proposed work.

Be signed by the applicant or the applicant's authorized agent. An electronic or digital signature incorporating any electronic process that indicates acceptance of an agreement or a record may be allowed by the building official.

Give such other data and information as required by the building official.

106.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application is incomplete or does not conform to the requirements of pertinent laws, the building official shall reject such application and stipulate the reasons therefor to the applicant. The building official is authorized to reject a permit application when a notice of violation or notice of unsafe structure has been issued for the property for which the permit is being applied, unless the permit application otherwise includes the abatement of the violations or unsafe conditions in the scope of work for the permit. If, in the sole opinion of the building official, the construction documents, including plans, specifications, reports and calculations, lack sufficient information to show compliance with this code, are inaccurate, are not easily readable, are incomplete or do not conform to the requirements of pertinent laws, the building official shall reject such application and state in writing the reasons therefor. Once the building official and all other required departments and agencies have reviewed and approved the application and the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable.

106.3.1.1 Determination of substantially improved or substantially damaged existing buildings in flood hazard areas. For applications for reconstruction, rehabilitation, addition, alteration, repair or other improvement of existing buildings or structures located in a flood hazard area as established by Novato Municipal Code Chapter 5-31, the building official shall examine or cause to be examined the construction documents and shall make a construction value determination of the proposed work consistent with the definition or "permit valuation" in section 103. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its pre-damaged condition. If the building official finds that the value of proposed work equals or exceeds 50 percent of the market value of the building

or structure before the damage has occurred or the improvement is started, the proposed work is a substantial improvement or restoration of substantial damage and the building official shall require existing portions of the entire building or structure to meet the requirements of Novato Municipal Code Chapter 5-31.

For the purpose of this determination, a substantial improvement shall mean any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. Where the building or structure has sustained substantial damage, repairs necessary to restore the building or structure to its pre-damaged condition shall be considered substantial improvements regardless of the actual repair work performed. The term shall not include either of the following:

Improvements to a building or structure that are required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to ensure safe living conditions.

Any alteration of a historic building or structure, provided that the alteration will not preclude the continued designation as a historic building or structure. For the purposes of this exclusion, a historic building shall be any of the following:

Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places.

Determined by the Secretary of the US Department of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district.

Designated as historic under a state or local historic preservation program that is approved by the Department of Interior.

106.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 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 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

106.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or the approval of, any violation of any provision of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring subsequent correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure in violation of this code or of any other ordinances of the City.

106.5 Expiration of permit. Every permit issued shall become invalid after 2 years from the date of issuance. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 24 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 24 months after the time the work is commenced. For the purposes of this section, work shall be considered commenced if a regular inspection has been requested by the permittee and a required inspection of work performed has been conducted by a City building inspector within 24 months after the issuance of the building permit. For the purposes of this section, work shall be considered abandoned if no required inspection has been conducted by a City building inspector within 24 months after work has commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The Requests for extension shall be made by the permittee in writing and justifiable cause demonstrated.

106.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code.

106.7 Placement of permit. The building permit or copy thereof shall be kept on the site of the work until the completion of the project. The project inspection record card and approved plans for the permit, if any, shall be available for use by the building official during inspections.

106.8 Responsibility of permittee. It shall be the duty of the permittee and every person who performs work on a new or existing building or structure, including installation or repair of a building, or structure, or of accessibility features, electrical, gas, mechanical or plumbing systems of a building or structure for which this code is applicable, to comply with this code. Building permits shall be presumed to incorporate the provision that the permittee and those performing work on behalf of the permittee will carry out the proposed work in accordance with the approved plans, with all requirements of this code and any other laws or regulations applicable thereto, whether specified or not. No approval shall relieve or exonerate any person from the responsibility of complying with the provisions and intent of this code.

106.9 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. The permit applicant shall be responsible for providing reasonable access for conducting the preliminary inspection and for the payment of any fee adopted by the City for said inspection.

SECTION 107 SUBMITTAL OF CONSTRUCTION DOCUMENTS

107.1 Submittal documents. Submittal documents consisting of the permit application, construction documents, statement of special inspections, geotechnical report, waste management reports, required checklists, energy reports, calculations, flood elevation documentation, equipment documentation, certifications and other reports and data as determined necessary by the building official shall be submitted in digital format or other format as authorized by the building official. The building official is authorized to suspend processing of a permit application if the applicant fails to submit complete and correct submittal documents as required by the building official.

107.1.1. Building evaluation. The building official is authorized to require an existing building to be investigated and evaluated by a registered design professional and/or a California Certified Access Specialist (CASp) when determined necessary by the building official due to the nature of the proposed work. The design professional

and/or California Certified Access Specialist (CASp) shall notify the building official if any actual or potential nonconformance with the provisions of this code is found.

107.2 Construction Documents. Construction documents shall be prepared by a registered design professional where required by state law or where due to the complexity or nature of the design or if special circumstances exist, the building official determines at any time that construction documents, or a portion thereof, must be prepared by a registered design professional. The building official is authorized to waive the submission of all or a portion of the required construction documents or any other information if the building official determines that the nature of the work proposed does not require such construction document or documents to demonstrate the proposed work is in compliance with this code. Electronic media documents are required to be submitted, unless otherwise authorized by the building official. Electronic documents shall be of a type and format as determined by the building official.

107.2.1 Information on the construction documents. Construction documents shall be submitted with the application for permit and drawn at a size and scale acceptable for readability and document imaging as determined by the building official. Construction documents shall utilize common architectural drafting, symbols, graphics and techniques and shall be of sufficient detail, clarity and accuracy to correctly indicate the location, nature and extent of the work proposed and to show in detail that it will conform to the applicable provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. Construction documents listed below shall be prepared and submitted for approval when required by the building official:

Site Plan

Design information and elevation certificates for structures within Flood Hazard Areas.

Grading and Drainage Plan

Erosion Control and Storm Water Pollution Prevention Plan.

Foundation Plan.

Floor Framing Plans.

Floor Plans.

Electrical Plans.

Mechanical and Duct Layout Plans

Ceiling Framing Plan

Roof Plan

Truss Layout Plan and Truss Design Documentation

Roof and Floor Framing Plans

Full Building Cross-Sections

Foundation Details

Framing or Structural Details

Architectural Details

Exterior Elevations

Interior Elevations

Reflected Ceiling Plans

Plumbing Plan

Restaurant Kitchen and Equipment Plans

Landscaping & Irrigation Plan

Fire Protection System Plans and Shop Drawings

Accessibility Plans and Details

Means of Egress Plan

Any other plans or documentation needed to show compliance with this code, ordinances or other regulations as determined by the building official.

107.2.2 Building Design Information. When required by the building official, construction documents shall include building design information including, but not limited to, applicable codes used, design occupancy classifications, construction type, building fire resistance rating, number of stories, building height, allowable and proposed building area, inclusion of fire sprinkler system, allowable and proposed occupant load calculations, exiting calculations, exiting diagrams, calculations to determine required number of restroom fixtures, accessible route of travel, disproportionate cost calculations and path of travel deficiencies for accessibility hardship claims, structural, plumbing, mechanical, and electrical calculations, design flood elevations, CALGreen checklists and other pertinent design assumptions or information.

107.2.3 Manufacturer's installation instructions. Where required by the building official, construction documents shall include manufacturer's specification sheets and/or installation instructions.

107.2.4 Exterior Wall Envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive barrier and details around openings. The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system that was tested, where applicable, as well as the test procedure used.

107.2.5 Exterior balconies and elevated walking surfaces. Where balconies or other elevated walking surfaces have weather-exposed surfaces, and the structural framing is protected by an impervious moisture barrier, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include manufacturer's installation instructions.

107.2.6 Restrictions on Loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code.

107.3 Examination of documents; plan review. When the building official determines that the necessary submittal documents, construction documents and building design information are complete, the building official shall examine or cause to be examined construction documents for compliance with this code and other pertinent laws and ordinances. The building official may utilize or authorize the use of consultant services to perform all or a portion of the construction documents review. The applicant shall be responsible for the payment of all costs to conduct the plan review, and for the printing of approved plans. The building official is authorized to withhold the approval of plans and a building permit application if approvals required by other governmental agencies or City departments pertaining to the work which are necessary for the work to be lawfully performed have not first been obtained.

107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved in writing or by a stamp which reads, "APPROVED FOR CONSTRUCTION." construction documents so reviewed shall be electronically retained by the building official. One approved set shall be electronically returned to the applicant. The applicant shall print one hard copy set at an approved size and have available at the site of work at all times and shall be open to inspection and use by the building official or his or her authorized representative.

107.3.2 Previous approvals. The issuance of a permit based on reviewed and approved plans and specifications shall not prevent the building official from thereafter requiring the correction of errors or omissions in said plans and specifications, or from preventing building operations being carried on thereunder when in violation of this code or of any other pertinent laws and ordinances of the City. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which an unexpired permit exists to otherwise meet a new or different technical code other than those technical codes lawfully adopted and in effect at the time of permit issuance.

107.3.3 Phased approval and conditional authorization to proceed. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed documentation acceptable to the building official have been approved demonstrating compliance with pertinent requirements of this code for the phased, partial approval. The permittee for the foundation or other parts of a building or structure shall proceed with the building operation at the permittee's own risk and without assurance that the work will be approved or that a permit for the entire structure will be granted.

107.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents. Any changes or proposed changes in the work made during construction that are not in full conformance and compliance with the approved construction documents or the technical codes, shall require the resubmittal of revised construction documents for approval by the building official, as either an amended or full replacement set for the previously approved construction documents. The permittee or their designee shall be responsible for the payment of all costs to perform the plan review for amended construction documents. Any additional proposed work that was not otherwise shown or specified on the approved plans for an active permit or that would otherwise increase the valuation of an active permit shall require a new permit and applicable fees unless determined otherwise by the building official.

107.5 Design professional in responsible charge. When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and

designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.

The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal documents, for compatibility with the design of the building.

107.6 Deferred submittals. For the purposes of this section, deferred submittals are defined as required documentation listed as deferred submittals on the approved plans but are not submitted for building department approval until after the permit has been issued. Deferral of any submittal items shall receive prior approval of the building official. The registered design professional in responsible charge or the project designer shall list the deferred submittals on the construction documents for review by the building official.

Deferred submittal documents shall be submitted to the registered design professional in responsible charge, if any, who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and been found to be in general conformance to the design of the building. Deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. The permittee or their designee shall be responsible for the payment of all costs to perform the plan review for deferred submittal documents.

107.7 Retention of construction documents. One set of approved construction documents shall be retained by the building official in accordance with the City's records retention policy, or as otherwise required by state law.

SECTION 108 TEMPORARY STRUCTURES AND USES

108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service but shall not be permitted for more than 180 days. The building official is authorized to grant extensions up to 180 days for demonstrated cause.

108.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation, and sanitary requirements as necessary to ensure the health, safety and general welfare of the public and those using the temporary structure and shall comply with the applicable requirements of Chapter 31 of the California Building Code.

108.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in parts of an electric installation before all work has been fully completed. The parts covered by the temporary authorization shall comply with the applicable requirements of the technical codes.

108.4 Termination of approval. The building official is authorized to terminate a permit for a temporary structure or use and to order the temporary structure or use to be discontinued.

SECTION 109 FEES

109.1 Payment of fees. Fees shall be assessed in accordance with the provisions of this section and applicable state law. Permit applicants, permittees and persons in violation of any provision of this code shall pay all fees necessary to cover the full cost of providing the building department service related to the permit, activity or enforcement action in accordance with the schedule of fees adopted by the city council. A permit shall not be valid until applicable fees adopted by resolution or ordinance of the city council or otherwise prescribed by law have been paid nor shall an amendment to a permit be approved until an additional fee to review and approve the amendment, if any, has been paid.

109.2 Schedule of fees. Fees for building department services necessary to bring violations of this code into compliance, verify conformance with the technical codes or to reimburse the jurisdiction for services rendered shall be paid in accordance with the fee schedule established by resolution or ordinance of the city council.

109.3 Permit inspection fees. The inspection fees for each permit shall be as set forth in the fee schedule adopted by the city council.

When the permit holder's work is incomplete or changed so as to require more than one additional inspection, an additional inspection fee shall be charged at the hourly rate set forth in the fee schedule. When additional inspection fees are assessed, they shall be paid prior to scheduling any further inspections.

109.4 Plan Review Fees. The plan review fees specified in this section are separate from and in addition to permit inspection fees. The plan review fee to review compliance with the technical codes shall be as set forth in the fee schedule adopted by the city council. The building official shall have the sole discretion to assign hourly plan review fees in lieu of the scheduled fee consistent with the fee schedule adopted by council when the project is of an incomplete, complicated, difficult, or minimal nature.

When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal documents, an additional plan review fee shall be charged at the hourly rate set forth in the fee schedule adopted by the city council.

109.5 Other Fees. The city council may adopt other fees for services to be charged in connection with the issuance of a building permit or the delivery of services by the building department.

109.6 Investigation fee; work commencing or continuing without a permit. Any person who commences or continues work requiring a permit on a building, structure, site, electrical system, mechanical system, plumbing system or conveying system without first obtaining or otherwise maintaining required permits and required inspection approvals shall be subject to an investigation fee adopted by the city council. The investigation fee shall be in addition to any other fee charged and shall be imposed under this section to defray the costs incurred by the City in connection with its duties to monitor, review, investigate, and enforce this code.

109.7 Related fees. The payment of the fee for the construction, alteration, removal or demolition work done in connection with, or concurrently with, work authorized by a building permit shall not relieve the applicant or permittee from the payment of other fees that are prescribed by law or adopted by the City.

109.8 Refunds. The building official may establish a refund policy and may authorize refunding of a fee paid hereunder which was erroneously paid or collected or for which services were not rendered or were only partially rendered.

109.9 Building permit valuation. The applicant for a permit shall provide an estimated value of the work at time of application. The estimated value of work shall include the total value of all work including materials,

equipment, labor, overhead, profit, general conditions and other costs associated with the work for which the permit is being issued. The building official shall establish the permit valuation based on published construction cost data as updated from time to time. If, in the opinion of the building official, the published valuation data are not readily available or are over or underestimated based on the actual work of the project, the building official may utilize any other reasonable or appropriate means of determining the building permit valuation, including, but not limited to, using the applicant's estimated value of work, obtaining a copy of the signed construction contract with detailed and complete cost estimates provided by the applicant, or utilizing construction cost estimating software, systems, or construction industry cost publications. Final permit valuation shall be determined and set by the building official consistent with the "permit valuation" definition in

section 103.¶

SECTION 110 INSPECTIONS

110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official or his/her designee and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain visible and able to be accessed for inspection purposes. Neither the building official nor the City shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

110.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.

110.3 Required inspections. The building official or his/her designee, upon reasonable notification, shall make the inspections set forth herein. Reinforcing steel or structural framework of any part of any building or structure shall not be covered or concealed without first obtaining the approval of the enforcing agency.

110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms and reinforcing steel shall be in place prior to inspection. Materials for the foundation shall be on the job site except where concrete is ready-mixed in accordance with ASTM C 94.

110.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping or other ancillary building trade products or equipment are installed, but before any concrete is placed or floor sheathing is installed, including the subfloor.

110.3.3 Plumbing, mechanical, gas and electrical systems inspection. Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or installed, and prior to framing inspection.

110.3.4 Lowest floor elevation in flood hazard areas. In flood hazard areas as established by the flood damage prevention regulations of the City, upon placement of the lowest floor, including basement, and prior to further vertical construction, the building official shall require submission of a flood elevation certificate, prepared and sealed by a registered design professional.

110.3.5 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire- blocking and bracing are in place; and following the installation and inspection approval of all pipes, chimneys, vents, rough electrical, rough plumbing, rough mechanical and all other work that will be concealed by or within the framing.

110.3.5.1 Moisture content verification. When required by the California Green Building Standards Code, moisture content of framing members shall be verified.

110.3.5.2 Weather-exposed balcony and walking surface waterproofing. Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be concealed until inspected and approved.

110.3.6 Masonry inspection. Inspection of masonry construction, including reinforcing steel, shall be made prior to grouting cells.

110.3.7 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or before gypsum board joints and fasteners are taped and finished.

110.3.8 Fire- and smoke-resistant penetrations and fire-resistance-rated construction inspection. Where fire- resistance-rated construction is required between dwelling units or due to location on property, the building official shall require an inspection of such construction after all lathing and/or wallboard is in place, but before any plaster is applied, or before wallboard joints and fasteners are taped and finished. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.

110.3.9 Energy efficiency. Inspections shall be made to determine compliance with the California Energy Code and shall include, but not be limited to, inspections for: envelope insulation, fenestration, duct systems, electrical lighting and controls, heating, ventilating and air conditioning equipment and controls and water- heating equipment.

110.3.10 Other inspections. In addition to the inspections stated herein, the building official may make or require any other inspections to ascertain compliance with this code and other laws enforced by the building official or building department.

110.3.10.1 Special inspections. Special inspections shall be performed in accordance with chapter 17 of the California Building Code.

110.3.10.2 CALGreen inspections. Inspections shall be made to determine compliance with the California Green Building Code. Said inspections shall be made by a special inspector, hired by the permit holder, at the sole cost of the permit holder, and approved by the building official. In lieu of special inspections, the building official, or his/her designee, shall have the authority to conduct CALGreen inspections and/or utilize written documentation to verify compliance with the California Green Building Code.

110.3.10.3 Contractor self-certification of work performed. In lieu of performing certain designated inspections and as a method of verifying compliance of a specific requirement of the technical codes, the building official may, at his/her sole discretion, accept a signed self-certification statement from a licensed contractor or other

qualified individual certifying that the specific work or requirement has been properly installed or completed in accordance with the requirements of the technical codes.

110.3.11 Final inspection. Final inspection shall be made after the permitted work is complete. The building, or portion thereof where the work occurred, shall not be used or occupied until all work has been approved by the building department and a certificate of occupancy has been issued by the building official.

110.3.12 Waiving of inspections for minor work. The building official may authorize the waiver of inspections for minor work or elements if the building official finds that the nature or scope of the minor work is not likely to be a violation of the technical codes or a risk to life, health, safety, or property.

110.4 Inspection agencies. The building official is authorized to accept reports of approved agencies, provided such agencies satisfy the requirements as to qualifications and reliability, as determined by the building official.

110.5 Inspection requests. It shall be the duty of the permit holder or their agent to notify the building official that such work is ready for inspection. The building official shall cause to have the work inspected in accordance with the inspection request or as soon thereafter as the building official's schedule may permit, subject to scheduling availability. It shall be the duty of the person requesting any inspections required by this code to provide access to and means for inspection of such work. The building official is authorized to withhold any requested inspection where there is reason to believe that the work has been changed from what is shown on the approved plans and no plan amendment for the changed work has been approved by the building official.

110.6 Approval required. Work shall not be performed beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder of any noted violations found or corrective work required to proceed with or complete the inspected portion of the work. Any portion of the work that does not comply with this code shall be corrected and such portion shall not be covered, concealed or used until inspected and authorized by the building official.

SECTION 111 CERTIFICATE OF OCCUPANCY

111.1 Use and occupancy. No new, relocated or altered building or structure, or portion thereof, shall be used or occupied, and no change in the existing use or occupancy classification of a building or structure, or portion thereof, shall be made until the building official has issued a certificate of occupancy therefor as provided herein. The building official is authorized to allow use or occupancy of an altered building or portion thereof, while the building is being altered when the building official finds that the nature of the work does not pose a significant hazard to the occupants or the public. The building official is authorized to withhold the issuance of a certificate of occupancy when the work performed or required to be performed is substandard and/or does not receive all required inspection approvals. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the City. A certificate of occupancy presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The building official is authorized to withhold a certificate of occupancy or permit to use or occupy a structure if approvals required by other governmental agencies or City departments having jurisdiction pertaining to the work which are necessary for the work to be lawfully completed have not first been obtained. If a certificate of occupancy has been revoked based upon a notice and order to vacate

and/ or a nuisance declaration, the certificate of occupancy cannot be re-issued until all identified building code and health and safety code violations have been abated. The building official at his/her sole discretion shall be authorized to issue a temporary certificate of occupancy for all or part of the structure with just cause documentation.

Exceptions: A Certificate of Occupancy is not required for work exempt from a permit.

111.2 Change in use. Changes in the use or occupancy of an existing structure, or portion thereof, shall not be made except as specified in the California Existing Building Code and Chapter 11 of the California Fire Code.

111.3 Issuance of a Certificate of Occupancy. After the building official inspects a building or structure and finds that no violations of the provisions of this code or other laws that are enforced by the building department exist, and any other required approvals by City departments and other governmental agencies having jurisdiction have been obtained as required by Section 111.1, the building official shall issue a certificate of occupancy which shall contain the following:

The building permit number.

The address of the structure.

The occupancy or use of the structure

The name of the building official or his/her designee approving the certificate.

The date the certificate is issued.

Any special stipulations or limitations of the use or occupancy.

In lieu of issuance of a separate certificate, the building permit together with the completed and fully signed building permit inspection record may serve as the certificate of occupancy when authorized by the building official.

111.4 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. The applicant may request, and the building official may approve, up to three extensions for demonstrated cause for a period not exceeding 180 days each. The temporary certificate of occupancy shall automatically expire at the end of the time period unless extended by the building official. A fee for the issuance of a temporary certificate of occupancy, if applicable, shall be paid by the applicant prior to its

issuance or extension in accordance with the City's adopted fee schedule. In addition, as security to guarantee the satisfactory completion of all required work, the building official may require the submittal to the building department of a refundable performance guarantee deposit in an amount equal to 115 percent of the estimated cost needed to complete the work, as determined by the building official. The performance guarantee deposit shall be refunded to the originator of the deposit following satisfactory completion of all required work and issuance of a final certificate of occupancy.

111.5 Revocation. The building official is authorized to suspend or revoke, in writing, a certificate of occupancy or temporary certificate of occupancy issued under the provisions of this code whenever the certificate is issued in error or on the basis of incorrect information or when it is determined by the building official that the building or structure or portion thereof is in violation of the provisions of this code, or the active period for a temporary occupancy certificate has expired.

SECTION 112 SERVICE UTILITIES

112.1 Connection of service utilities. No person shall make connections to a utility or source of energy for fuel, water, electricity or sewer from any building or system that is regulated by this code for which a permit is required, until approved by the building official.

112.2 Temporary connection. The building official shall have the authority to authorize and approve a temporary connection of the building or system to the utility, the source of energy, fuel, water, sewer or power provided that the building official finds that the temporary connection is safe for the purpose intended.

112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without first obtaining building department approval. The building official shall notify the serving utility and whenever possible the owner, the owner's authorized agent, and occupant of the building, structure, or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection, the owner or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.

SECTION 114 VIOLATIONS

114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code or any other provision of Chapter 4-1 of the Novato Municipal Code.

114.2 Notice of violation. The building official or duly authorized representative, is authorized to serve a notice of violation and order to abate on the affected property owner and if known, person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition, maintenance, use or occupancy of a building or structure in violation of the provisions of this code, or in violation of an order or corrective work required by the building official, a correction notice or an approved plan, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. The order shall also state that failure to comply with the notice or order and cure the violation within the time period allowed in the notice of violation and order

to abate may result in the building official recording the notice of violation and order to abate against the subject property. The order shall advise the affected property owner and if known, the person responsible for the violation, of their appeal rights pursuant to Novato Municipal Code Section 4-1.6.

114.3 Service of notice or order. The notice of violation and order to abate shall be deemed properly served if a copy thereof is (a) personally delivered to the record owner of the property involved, or (b) sent by certified mail to the record owner of the property at the address listed on the last equalized county tax assessment roll with the return receipt requested. If the notice of violation and order to abate sent by certified mail is returned showing that it was not delivered, a copy of the notice of violation and order to abate shall be posted in a conspicuous place in or about the structure affected by such notice and a copy thereof mailed, by first class mail, to the record owner at the address listed on the last equalized county tax assessment roll. In addition to the methods of service set forth herein, the building official is authorized to post one or more copies of a placard stating any restrictions pertaining to the use or occupancy of the structure and copy of the notice of violation and order to abate in a conspicuous place in or about the structure affected by such notice.

114.4 Recording of notice or order. If the notice of violation and order to abate is not complied with in the time prescribed by such notice, the building official is authorized to record with the County Recorder's Office, after the expiration of said time period, said notice of violation and order to abate against the property with respect to which the violation exists. Said notice must specify the nature of the violation, the provisions of this code being violated, when the building official first learned of the existence of the violations, how much time the violator had to cure the violation, and the assessor's parcel number and street address, if any, of the subject property.

Following the recordation of the notice of violation, the building official is not required to make any inspection or review of the premises to determine the continued existence of the cited violations. It is the responsibility of the record owner, occupant or other party in interest to comply with the above provisions and to notify the building official when the violation has been corrected.

114.5 Rescission of recorded notice or order. Any person who desires to have recorded a notice rescinding the notice of violation must first obtain the necessary approvals and permit(s) to correct the violation. Once the building official determines that the work covered by such permit(s) has been satisfactorily completed, the building official shall, following a request made by the person requesting said rescission, record a notice rescinding the prior notice of violation. The person requesting said rescission shall be responsible for the payment of any fee adopted by resolution of the city council for the rescission or termination of said notice.

114.6 Prosecution of violation. If the notice of violation is not complied with in the time prescribed by such notice, the building official is authorized to request the legal counsel of the City to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.

114.7 Violation penalties. Any person, firm or corporation who violates a provision of this code or any other provision of Chapter 4-1 of the Novato Municipal Code, or fails to comply with any of the requirements thereof, or allows a violation to continue without taking reasonable means to cure or abate the same after having been ordered to do so, or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, is punishable as provided by Chapter 1-5 and/or Chapter 1-7 of the Novato Municipal Code. Each violation shall constitute a separate offense for each and every day such person, firm or

corporation violates or allows a violation to continue without taking reasonable means to cure or abate the same after having been ordered to do so. A violation of this code or any other provision of Chapter 4-1 of the Novato Municipal Code shall be deemed a public nuisance and is subject to nuisance abatement proceedings as provided by Chapter 1-6 of the Novato Municipal Code.

114.8 Administrative Penalties. As an alternative to the provisions provided in this Section 114, the building official is authorized to utilize the procedures set forth in Chapter 1-7 (Administrative Citation and Penalty) of the Novato Municipal Code.

SECTION 115 STOP WORK ORDER

115.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner contrary to the provisions of this code, or in a dangerous or unsafe manner, or contrary to the approved plans, the building official is authorized to issue a stop work order.

115.2 Issuance of stop work order. The stop work order shall be in writing and shall be posted in a conspicuous place in or about the structure affected by such notice and given to the record owner of the property involved, or to the owner's agent, or to the person performing the work. The stop work order shall be deemed properly served if a copy thereof is (a) personally delivered to the record owner of the property involved, or (b) personally delivered to the owner's agent or to the person doing the work, or (c) sent by certified mail to the record owner of the property at the address listed on the last equalized county tax assessment roll with the return receipt requested. If a stop work order sent by certified mail is returned showing that it was not delivered, a copy of the stop work order shall be posted in a conspicuous place in or about the building, structure, or work affected by such notice and a copy thereof mailed, by first class mail, to the record owner at the address listed on the last equalized county tax assessment roll. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the conditions under which the cited work will be authorized to resume.

115.2.1 Violation to remove or deface a stop work order. It shall be a violation of this code to remove, deface or mutilate any stop work order posted on a structure or site pursuant to this section without the express written permission of the building official.

115.3 Emergencies. Where an emergency exists due to unforeseen circumstances where immediate action must be taken to protect life, health, safety, or property, the building official shall not be required to give written notice prior to stopping the work. Where work is stopped without prior written notice, the building official shall issue a written notice in accordance with section 115.2 as soon as practical following the stopping of work.

115.4 Failure to comply. Any person who shall continue any work in or about the building, structure, or property after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to an investigation fee as adopted by the city council and penalties as prescribed by Chapter 1-5 of the Novato Municipal Code. Further, any violation of this section is deemed a public nuisance and may be subject to nuisance abatement proceedings as provided by Chapter 1-6 of the Novato Municipal Code and/or enforcement proceedings under Chapter 1-7 of the Novato Municipal Code.

SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT

116.1 Authority. For the purposes of this code, any applicable building, structure, or equipment, including those structures that are subject to the requirements of Division 13, Part 1.5 of the California Health and Safety Code commencing with Section 17910 (State Housing Law), which by inspection or observation by the building official, has any of the conditions or defects defined as an unsafe structure, shall be abated by repair, rehabilitation, demolition, or removal.

116.2 Unsafe structures prohibited. No person shall own, use, occupy or maintain any unsafe structure.

116.3 Unsafe structures declared a public nuisance. Any unsafe structure or equipment regulated by this code is hereby declared to be a public nuisance. In addition to instituting any appropriate action to prevent, restrain or correct a violation of this section, the building official may abate an unsafe condition by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in this section or as alternatively set forth by the nuisance abatement proceedings in Chapter 1-6 of the Novato Municipal Code or through any other enforcement proceedings set forth within the Novato Municipal Code.

116.4 Notice of unsafe structure. The building official shall examine or cause to be examined every building or structure or portion thereof reported as dangerous, damaged, or unsafe and if, in the building official's opinion, such building or structure is found to be an unsafe structure as defined in this code, the building official shall give to the party in interest written notice stating the defects thereof. This notice shall require the owner, other party in interest or person in charge of the building or premises to commence either the required repairs or improvements or demolition and removal of the building or structure or portions thereof and all such work shall be completed within a time frame stipulated by the building official. If necessary, due to imminent threat to the occupants as determined at the sole discretion of the building official, such notice shall also require the building, structure, or portion thereof to be vacated forthwith and not reoccupied until the required repairs and improvements be completed, inspected and approved by the building official. The designated period within which the owner, tenant, other party in interest or person in charge is required to comply with such notice shall begin as of the date the owner or person in charge receives such notice by personal service or certified mail. If such notice is by posting, the designated period shall begin ten (10) days following the date of posting. The notice of unsafe structure shall state the rights to a hearing or appeal. The notice period shall be a minimum of thirty (30) days unless the building official deems a shorter period necessary to prevent or remedy an immediate threat to the health and safety of the public or occupants of the structure.

116.5 Service of notice of unsafe structure. The notice of unsafe structure shall be deemed properly served if a copy thereof is (a) personally delivered upon every party in interest, as defined in this code; or (b) posted in a conspicuous place on the structure or property and a copy thereof mailed by certified mail with a return receipt requested to the record owner of the property involved at the address listed on the last equalized county tax roll and if known, any party in interest.

If the notice of unsafe structure sent by certified mail is returned showing that it was not delivered, the notice shall be deemed properly served if a copy thereof is posted in a conspicuous place on the unsafe structure or property involved and a copy is mailed by first class mail to the record owner of the property involved at the address listed on the last equalized county tax roll.

The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.

116.6 Recording of notice of unsafe structure. If the notice of unsafe structure is not complied with in the time prescribed by such notice, the building official is authorized to record with the County Recorder's Office, after

the expiration of said period, said notice against the property with respect to the unsafe conditions and violations that exist. Said notice must specify the nature of the unsafe conditions, the provisions of this code being violated, when the building official first learned of the existence of the unsafe conditions, how much time the violator has to cure the unsafe conditions and violations, and the assessor's parcel number and street address, if any, of the subject property.

Following the recordation of the notice of unsafe conditions, the building official is not required to make any inspection or review of the premises to determine the continued existence of the cited unsafe conditions or violations. It is the responsibility of the record owner, occupant, or other party in interest to comply with the above provisions.

116.6.1 Rescission of recorded notice or order. Any person who desires to have recorded a notice rescinding the notice of unsafe structure must first obtain the necessary approvals and permit(s) to correct or remove the unsafe conditions and violations. Once the building official determines that the work covered by such permit(s) has been satisfactorily completed and the unsafe conditions mitigated, the building official shall, following a request made by the person requesting said rescission, record a notice rescinding the prior notice of unsafe structure. The person requesting said rescission shall be responsible for the payment of any fee adopted by resolution of the city council for the rescission or termination of said notice.

116.7 Posting of notice to vacate. Any unsafe building ordered vacated in accordance with this section shall not be reoccupied until the unsafe conditions have been eliminated. Each such vacated building shall be locked and otherwise secured against entry and the building official shall post thereon a placard stating:

"UNSAFE - DO NOT ENTER OR OCCUPY"

In cases where the building official has determined that partial occupancy of a building may be allowed, the building official shall post thereon a placard stating:

"RESTRICTED USE"

All placards posted shall indicate, in general terms, the unsafe conditions found and the date of said posting. Additional information may be placed on the placard or notice to vacate as deemed appropriate by the building official. Such notice shall be posted in a conspicuous place at or near the main entrance and shall be visible to persons approaching the building or structure from a street.

116.7.1 Proof of posting. Proof of posting of the notice to vacate shall be provided by written declaration under penalty of perjury executed by the person making the posting and declaring the time, date, manner and location the posting was made.

116.7.2 Violation to remove or deface posted notice to vacate. It shall be a violation of this code to remove, deface or mutilate any notice to vacate posted on a building pursuant to this section without the express written permission of the building official.

116.8 Right of hearing. Any interested party may request a hearing before the board of appeals to show cause why the building or structure should not be ordered repaired, vacated and repaired, or vacated and demolished or removed. The request for a hearing shall comply with the provisions set forth in Novato Municipal Code Section 4-1.6. A hearing shall be requested by the building official prior to demolition or repair of an unsafe building by the City except when such demolition or repair is done under the emergency procedure set forth in this section.

116.9 Order of board of appeals. If, after holding a hearing on the matter, the board of appeals finds that the building or structure is an unsafe structure, it shall issue a written order that includes, but is not limited to, the following:

The name, address and telephone number of the City.

The address or location of the unsafe structure.

The name and address of the parties in interest.

A finding of fact that (a) the building or structure is an unsafe structure and nuisance and directing that it either be demolished or otherwise repaired in accordance with this code as applicable; or (b) the building or structure is an unsafe structure and nuisance and directing that it shall be vacated and that the building or structure either be demolished or otherwise repaired in accordance with this code as applicable.

A list of the specific defects and violations.

The dates required for the commencement and the completion of either the required repairs or improvements or the demolition or removal of the building or structure or portions thereof.

If necessary, a statement that the building, structure, or portion thereof be immediately vacated and not reoccupied until the required repairs and improvements are completed, inspected and approved by the building official.

A statement that if the repairs or demolition necessary to remove the unsafe conditions is not made within the designated period stated in the order, the building official may then demolish or repair such portions of the structure, or may cause such work to be done, to the extent necessary to eliminate the hazard determined to exist by the board of appeals.

A statement that all costs to enforce the order of the building official and the board of appeals and for the repairs or demolition necessary to remove the unsafe conditions incurred by the City, shall be made a personal obligation of the property owner and if not paid within 30 days of request of payment by the City, may be made a special assessment against the property involved, pursuant to Section 118.1.

If the building or structure, or portion thereof is residential, a statement in accordance with Section 17980(e) of the Health and Safety Code that, in accordance with Section 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in a taxable year, and, in addition, any other notice required by Health and Safety Code Section 17980.

116.9.1 Board of appeals termination of building official's order. If, after holding a hearing on the matter, the board of appeals finds that the building or structure is not an unsafe structure, it shall issue a written order terminating the order of the building official.

116.9.2 Service and posting of order of board of appeals. The order of the board of appeals shall be served upon the same parties and in the same manner as required for the notice of hearing. It shall also be conspicuously posted on or about the building or structure.

116.10 Failure to comply with order of building official. If the repairs or demolition necessary to remove the unsafe condition as set forth in the notice of unsafe structure is not made within the designated period prescribed by the building official and if a hearing has not otherwise been held by the board of appeals, the building official shall request that a hearing be held regarding the unsafe conditions and failure to comply with the order.

116.11 Failure to comply with order of the board of appeals. If the repairs or demolition necessary to remove the unsafe condition as set forth in the order of the board of appeals is not made within the designated period the building official may then demolish or repair such portions of the structure, or may cause such work to be done, to the extent necessary to eliminate the hazard determined to exist by the board of appeals.

SECTION 117 EMERGENCY MEASURES

117.1 Imminent danger. Where, in the opinion of the building official, there is imminent danger (threat) of failure or collapse of a building that endangers life, health, or property, or where any building or part of a building has fallen and life is endangered by the occupation of the building, or where there is actual or potential danger to the occupants or those in the proximity of any structure because of potential for collapse, compromised fire safety and /or fire resistive construction and/or systems, electrical hazards, explosives, explosive fumes or vapors, or the presence of toxic or flammable liquids, fumes, gases, or material, or operation of defective or dangerous equipment, inadequate sanitation, or any other cause, the building official is hereby authorized to take any appropriate emergency measure described herein and/or order and require the occupants to vacate the premises forthwith.

117.1.1 Posting of placards due to imminent danger. The building official and his or her authorized or deputized representatives are hereby authorized to post appropriate placards on any unsafe buildings or structures causing imminent danger to the occupants or the public and subject to these emergency measures. The building official shall cause to be posted at each entrance to such buildings or structures a placard reading:

"UNSAFE - DO NOT ENTER OR OCCUPY"

In cases where the building official has determined that partial occupancy of a building may be allowed, the building official shall post thereon a placard reading:

"RESTRICTED USE"

All placards posted shall indicate, in general terms, the unsafe conditions causing the imminent danger, the date of said posting, any restrictions of the entry, use or occupancy of said building, the name or number of the posting inspector and the contact information for interested persons or occupants to obtain more information. Additional information may be placed on the placards or notice to vacate as deemed appropriate by the building official, including any to restrictions or limitations of the use or occupancy of the structure. Such notice shall be posted in a conspicuous place at or near the main entrance and shall be visible to persons approaching the building or structure from a street.

117.1.2 Unlawful to enter or use a posted structure. It shall be unlawful for any person to enter or use a structure in violation of its posted placard except with a valid permit or written permission, issued by the building official, for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or of demolishing the same.

117.1.3 Unlawful to remove or deface posted placard. Once a placard has been attached to a building or structure, it shall not to be removed, altered or covered except by the building official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section.

117.2 Temporary emergency safeguards and repairs. Notwithstanding other provisions of this code, whenever, in the opinion of the building official there is an immediate and imminent danger due to an unsafe condition, the building official may order the boarding up of openings, barricading, securing, temporary bracing, temporary repairs, isolation of, alteration to, demolition, or other appropriate action to render such structure temporarily safe or temporarily secure and shall cause such other action to be taken as the building official deems necessary to meet such emergency. In all cases, the use of demolition to abate the unsafe condition shall be limited to what is reasonably necessary to abate the immediate and imminent danger and mitigate the loss of, or damage to life, health, property.

117.3 Closing streets and sidewalks. Where necessary for public safety, the building official may temporarily close structures and temporarily order the closure of sidewalks, walkways, streets, public ways, and places adjacent to unsafe structures, and prohibit the same from being utilized.

117.4 Labor for temporary emergency safeguards and repairs. For the purposes of this section, the building official may employ the necessary labor and materials to perform the required work for temporary emergency safeguards and repairs as expeditiously as possible in accordance with Novato Municipal Code Section 2- 13.13.

117.5 Costs of temporary emergency safeguards and repairs. Prior to incurring costs for temporary emergency safeguards and repairs, the building official shall obtain the approval of the community development director and/or city manager for said costs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The city attorney may institute appropriate action to recover costs against the owner of the premises or the owner's authorized agent for the City costs for implementing emergency measures upon the unsafe structures or conditions in accordance with this code.

117.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code.

117.8 Emergency notice. The emergency measures described herein may be implemented without any prior notice whatsoever when, in the opinion of the building official and the community development director or the

city manager, an imminent danger to the occupants of a building, structure or property or the public exists and where immediate action is necessary to protect life, health, property or the safety of occupants or the public. Whenever emergency measures have been implemented on any private property for any unsafe structure or condition the building official shall provide notice to the parties in interest, the tenant(s) of the building and the city council, as early as the circumstances will permit within 30 days following said implementation.

SECTION 118 RECOVERY OF COSTS

118.1 Payment of costs for enforcement. All reasonable and actual costs incurred by the City for the enforcement and abatement of an unsafe structure, public nuisance or any violation of this code, shall be made a personal obligation of the property owner and shall be paid to the City not more than 30 days from the date the invoice for said costs is mailed. The building official shall keep an account of the cost of enforcement and abatement and shall render an itemized written report of said costs to the property owner when requested.

If the property owner fails to pay the full cost of the personal obligation within 30 days from the date the invoice for services is mailed by the building official, said costs shall be confirmed by the city council and made a special assessment against the property upon which the structure stood or nuisance existed, pursuant to the procedures established by this section, which the city council adopts pursuant to Government Code Section 38773.5.

The building official shall prepare and submit an itemized written report to the city council of the cost of removing and/or abating the nuisance, violation or unsafe building including, but not limited to, administrative costs, inspection costs, investigation costs, enforcement costs, attorney fees or costs, and all costs of prosecution. Before the report is submitted and reviewed by the city council, a copy of the report and notice of the time when the report will be reviewed by the city council for confirmation shall be mailed to the party in interest, certified mail, return receipt requested, at the address shown on the last equalized assessment roll or the supplemental roll, whichever is more current at least ten (10) days prior to review by the city council. The notice shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments and shall otherwise be in compliance with Government Code Section 38773.5.

Pursuant to Government Code Section 38773.5(b), recovery of attorneys' fees shall be limited to the prevailing party for those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the cost of reasonable attorneys' fees incurred by the City in the action or proceeding.

The city council shall hold a hearing to determine the reasonableness or correctness of the assessment, or both. The building official shall notify, in writing, the party in interest of the city council's decision. If the total assessment, as confirmed by the city council is not paid in full within ten (10) days after receipt of such notice from the building official, the building official shall take those actions necessary to cause a special assessment to be recorded against the parcel in the amount confirmed by the city council. From the date of such recording, such balance due shall be a special assessment against the parcel.

The special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All the laws applicable to the levy, collection and enforcement of County taxes shall be applicable to such special assessment.

SECTION 119 INTERFERENCE PROHIBITED

A person shall not obstruct, impede, or interfere with the building official, any representative authorized by the building official, or with any person who owns or holds any estate or interest in any unsafe building which has been ordered by the building official or the board of appeals to be repaired, vacated and repaired, or vacated and demolished, whenever the building official or such owner is engaged in repairing, vacating and repairing, or demolishing any such unsafe building pursuant to this code, or is performing any necessary act preliminary to or incidental to such work, or authorized or directed pursuant hereto.

4-1.4 Codes Adopted by Reference. The following codes or portions thereof hereafter set forth or hereinafter set out by amendment or revisions are hereby adopted and are made a part of this section by reference, without further publication or posting thereof. Copies of each code as listed herein shall be kept on file for use and examination by the public in the office of the city clerk.

4-1.4.1 Reserved

4-1.4.2 2025 California Building Code Amendment. Part 2 of Title 24 of the California Code of Regulations, also referred to as Volumes 1 and 2 of the 2025 Edition of the California Building Code (which incorporates by adoption a California version of the 2024 Edition of the International Building Code published by the International Code Council) with the following amendments:

Based upon the express findings of necessity #1, #2, #3 and #4 set forth in Section 4-1.2, the administrative regulations of Chapter 1, Division II of Part 2 of the 2025 California Building Standards Code, known as the California Building Code, as adopted by Section 4-1.4.2, are amended as follows:

Delete Chapter 1, Division II (Scope and Administration) in its entirety and replace with the administrative provisions contained in Section 4-1.3 of the Novato Municipal Code.

All references in Section 1505 to Class B and C roofs, including assemblies in Table 1505.1, are replaced with a minimum of Class A roof assemblies.

Chapter 2 Section 202 is amended to add: SUBSTANTIAL REMODEL. Substantial Remodel shall mean the repair and/or renovation of any structure, which combined with any additions to the structure, affects a floor area which is fifty percent of the existing floor area of the structure within any 36-month period. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists, and coverings (see Section 202[C]), 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 the purpose of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings

Based upon the express findings of necessity #1 and #2 set forth in Section 4-1.2, Part 2 of the 2025 Edition of the California Building Standards Code, known as the California Building Code, as adopted by Section 4-1.4.2, is amended as follows:

Adopt by reference and add the following 2025 California Building Code appendices:

Appendix Chapter G Flood Resistant Construction

Appendix Chapter H - Signs

Appendix Chapter I - Patio Covers.

Appendix Chapter J - Grading

Appendix Chapter Q -Emergency Housing Facilities

4-1.4.2.5 2025 California Residential Code Amendment. Part 2.5 of Title 24 of the California Code of Regulations, also referred to as the 2025 Edition of the California Residential Code (which incorporates by adoption a California version of the 2024 Edition of the International Residential Code published by the International Code Council) with the following amendments:

Based upon the express findings of necessity #1, #2, #3 and #4 set forth in Section 4-1.2, the administrative regulations of Chapter 1, Division II of Part 2.5 of the 2025 California Building Standards Code, known as the California Residential Code, as adopted by Section 4-1.4.2.5, are amended as follows:

Delete Chapter 1, Division II (Scope and Administration) in its entirety and replace it with the administrative provisions contained in Section 4-1.3 of the Novato Municipal Code.

Section R105.2 Building: 10 (Decks) in Chapter 1 Division II is deleted.

Section R202 (Definitions) in Chapter 1 Division II is amended to add:

SUBSTANTIAL REMODEL. Substantial Remodel shall mean the repair and/or renovation of any structure, which combined with any additions to the structure, affects a floor area which is fifty percent of the existing floor area of the structure within any 36-month period. When any changes are made in the building, such as

walls, columns, beams or girders, floor or ceiling joists, and coverings (see Section 202[C]), 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 the purpose of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings.

Based upon the express findings of necessity #1 #2, #3 and #4 set forth in Section 4-1.2, Table R301.2 of Part