Taft Municipal Code Ch. 1 General Building Provisions

The purpose of this title is to promote the public health, safety, and welfare by the adoption of minimum building and construction standards to be required and enforced throughout the incorporated territory of the City of Taft. The purpose is not to create or otherwise establish or designate any particular class or group of persons who will, or should be especially protected or benefitted by the terms of this Code. (Ord. 696-02, 10-1-2002; amd. Ord. 840-21, 5-4-2021)

(A) This title may be cited as the CODE OF BUILDING REGULATIONS.

(B) This title is partially comprised of the California Code of Regulations, title 24, also referred to as the California Building Code adopted by the California Building Standards Commission, Department of Housing and Community Development of the State of California and other agencies of the State of California, that impose substantially the same requirements as are contained in recent editions of State and nationally recognized construction regulations, all adopted herein by reference with necessary California amendments and such local modifications, additions and amendments are reasonably necessary because of local climatic, geological or topographical conditions.

(C) Nothing in this Code of Building Regulations shall be interpreted as abrogating any more restrictive requirements of title 19, California Administrative Code, known as the regulations of the State Fire Marshal. (Ord. 742-07, 12-18-2007; amd. Ord. 826-17, 6-20-2017; Ord. 840-21, 5-4-2021)

This Code of Building Regulations applies to new building construction, including but without limitation to additions, renovations, demolition, deconstructions, and to the installation of new mechanical, plumbing, electrical, and energy systems; it applies to existing construction and to existing mechanical, plumbing, electrical, and energy systems to the extent specifically defined by the secondary codes adopted by reference into this title.

This Code of Building Regulations shall apply to permit applications filed after the effective date hereof.

The building official may, at the option and request of the permit holder, authorize compliance with this Code of Building Regulations to projects filed prior to the effective date hereof. (Ord. 696-02, 10-1-2002; amd. Ord. 840-21, 5-4-2021)

An owner or person proposing to construct a building or structure exempt from the provisions of this chapter may elect to waive exemption and may submit an application for permit or permits to construct a building or structure otherwise exempt from the requirements of this chapter. If the permit or permits are issued and construction is undertaken thereunder, the exemption is waived, and this code of building regulations thereafter apply to the construction. (Ord. 696-02, 10-1-2002; amd. Ord. 840-21, 5-4-2021)

This code of building regulations shall be liberally construed to effect its purpose. If the code regulates one or more applications with dissimilar limitations or requirements, the more restrictive shall apply. (Ord. 696-02, 10-1-2002; amd. Ord. 840-21, 5-4-2021)

For the purpose of this code of building regulations, certain terms used herein or in the adopted codes, shall have the meanings given in this section, except as expressly provided otherwise in this code of building regulations.

(A) Enforcement: The building official is hereby authorized and directed to enforce this code of building regulations and all its provisions. The building official may appoint deputies and otherwise delegate the authority herein provided, and for such purposes, he shall have the powers of a law enforcement officer.

Pursuant to the provisions of the California Penal Code, section 836.5, the building official and his duly appointed deputies, any employee of the City of Taft holding the position of building official/compliance officer, may enforce the provisions of this title and chapter 2, part 3, division 13 of the California Health and Safety Code (sections 19100 et seq.), and may arrest a person without a warrant whenever that employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his presence, which is a violation of any law which he has the duty to enforce.

An employee making an arrest under the authority of this section shall follow the citation-release procedures prescribed in chapter 5C, title 3, part 2 of the California Penal Code (sections 853.5 et seq.) or such procedures hereafter enacted by the state of California.

1. The building official shall have the power to render interpretations of this code, and to adopt and enforce rules and regulations supplemental to this code as the building official may deem necessary in order to clarify the applications of the provisions of this code. Such interpretations, rules, and regulations shall be in conformity with the intent and purpose of this code. (Ord. 696-02, 10-1-2002; amd. Ord. 840-21, 5-4-2021)

(A) Requirements: Each parcel on which a structure is to be constructed or a mobile-home placed shall be connected by means of an approved access road or roads to a public street which is maintained by the City or other public entity or government agency.

(B) Approved Access: Approved access shall be over permanent recorded public easements granted for ingress and egress; however, the building official may consider permanent recorded private easements, if appurtenant and in satisfactory form, as approved access under the following circumstances:

1. For properties having permanent recorded private easement access rights appurtenant prior to August 13, 1981.

2. Notwithstanding the foregoing, public access shall be required for any parcel created by a recorded map having thereon a statement to the substantial effect that building permits would not be issued until the parcel had rights of public access.

(C) Other Code Requirements: Approved access easements shall comply with all other requirements of this code.

(D) Variance: Upon public hearing held after twenty (20) days' notice to all persons having any recorded interest in any parcel of real property traversed by or abutting the proposed access route, the city council may issue a variance determining that a temporary recorded appurtenant license will constitute approved access under the following circumstances:

1. The proposed structures or mobilehomes are necessary and accessory to a legal and properly permitted existing main use of the legally created parcel on which they are to be built or placed.

2. The applicant has exhausted all reasonable means for securing a permanent access right to the parcel on which the structures or mobilehomes are to be placed.

3. The structures or mobilehomes are to be removed if the temporary access rights terminate. (Ord. 696-02, 10-1-2002; amd. Ord. 840-21, 5-4-2021)

(A) Applicability: All construction, demolition, addition, alteration, and remodel projects within the city boundary, which require a building, demolition, or similar permit, and which are not otherwise excluded by section 5-1-7 or subsection (C) of this section.

All city-sponsored construction and demolition projects are subject to these provisions, unless exempted. The City may exempt any city-sponsored project, including any project of a redevelopment agency or housing authority, from the requirements of this title. Nevertheless, the City may require alternative diversion requirements for any city-sponsored project that has otherwise been exempted from the requirements of this title.

(B) Application Requirements: A contractor, architect, engineer, or other person issued a permit for construction shall complete a Waste Management Plan (WMP) to address the expected project waste materials.

(C) Waste Management Plan Compliance: All permitted projects shall, at a minimum, divert the amount of construction and demolition debris mandated by section 5-1-9 or the approved WMP from landfills. Demolition followed by construction on the same site which requires separate permits shall be considered two (2) separate projects. Otherwise, concurrent permits at the same site are considered one project for the purposes of this title. (Ord. 840-21, 5-4-2021)

If a project meets any of the following thresholds, it is a Covered Project and must meet all requirements for Covered Project set forth in this title.

(A) Covered Projects: All Covered Projects are subject to the waste diversion requirement set forth in this chapter and require the submittal of a Waste Management Plan prior to permit issuance.

1. All permitted demolition projects are considered Covered Projects, including the demolition portion of a remodeling project, additions, alterations, repairs, and tenant improvements.

2. All new permitted construction of buildings and structures are considered Covered Projects.

3. Failure to comply with any of the terms of this article shall subject the permit applicant, or any party obligated to obtain a permit but failed to do so, to penalties described in this chapter.

(B) Non-Covered Projects: All other projects, construction, additions, alterations, repair and remodel, and tenant improvement projects that are below the thresholds for Covered Projects listed above.

1. Some permitted projects are identified as Exemptions from WMP Requirements in section 5-1-13.

2. All other projects shall employ best management practices and encourage the diversion of fifty percent (50%) of all project related construction and demolition waste from local landfills. (Ord. 840-21, 5-4-2021; amd. Ord. 851-23, 1-17-2023; Ord. 855-25, 12-16-2025)

(A) Except as otherwise specified in this chapter, each building or demolition permit applicant for a Covered Project shall submit a Waste Management Plan (WMP) on a form provided by the City concurrent with a building or demolition permit application. No permit of exemption shall be issued for a Covered Project without an approved WMP by the Director of Public Works or their designee.

(B) A complete WMP shall contain the following information:

1. Identifies the local diversion facility where construction and demolition waste material collected will be taken.

2. Determines if construction and demolition waste materials will be sorted; source-separated on-site or in a bulk mixed, single stream manner.

3. Identifies the construction and demolition waste materials to be diverted from disposal by efficient usage, recycling, reuse on the project or salvage for future use or sale.

4. Calculate the amount of construction and demolition waste materials diverted by weight or volume, but not by both.

5. Estimated weight or volume may be used at time of permit application as actual amounts are not known at that time.

6. If the applicant determines during the construction process that the projected feasible diversion rate will not meet the diversion goal in the WMP, the applicant shall submit additional information to the City that supports the request for approval of a lower diversion rate.

7. The applicant shall identify the Self-Hauler for the project. Otherwise, the applicant shall provide documentation and identify the construction and demolition waste that will be collected by the local franchise hauler.

(C) WMP Review And Approval: A building or demolition permit shall not be issued for any Covered Project unless and until the Director of Public Works ("Director") or their designee has approved the WMP. The WMP review and approval shall be as follows:

1. The Director may review the WMP and issue a "Further Explanation Needed" with a statement of the incomplete information needed, or if the WMP fails to indicate how the minimum diversion requirement will be met, or how the alternative approved diversion goal will be met.

2. The Director may issue a "Disapproved" statement with reasons for disapproval, including a hold on further permit processing.

3. The Director may approve the WMP if it is deemed complete and all of the information required by this section is provided.

4. The Director may approve the WMP if the Further Explanation Needed information is provided that address the minimum diversion requirements of all construction and demolition waste generated by the by the Covered Project will be diverted, or that an alternate diversion goal has been approved. (Ord. 840-21, 5-4-2021)

(A) All Covered Projects shall reuse, recycle, or divert from landfills or disposal sites at least sixty-five percent (65%), or per current CalGreen and California Building Code requirements, of all construction and demolition waste unless a lower rate is approved by the City as a part of the project's WMP. Newly constructed non-residential buildings shall reuse and/or recycle one-hundred percent (100%) of plant and land clearing debris including trees, stumps, rocks and associated vegetation and soils resulting from land clearing. Non-residential addition and alteration projects shall divert universal waste from landfilling.

(B) Diversion may be satisfied by any of the following methods:

1. Documented on-site reuse of the construction and demolition waste.

2. Documented delivery of construction and demolition waste to a Material Recovery Facility (MRF), and/or a source separated recycling facility.

3. Other methods approved by the City, as set forth on the approved plans issued by the City. (Ord. 840-21, 5-4-2021)

(A) A WMP shall not be required for any of the following types of projects:

1. Projects and construction activity that only requires a plumbing, electrical, or mechanical permit.

2. A seismic tie-down project.

3. The installation of new fencing, but not replacement of existing fencing.

4. The installation of pre-fabricated patio enclosures and covers when no foundation or other structural building modifications are required.

5. The installation of pre-fabricated accessory structures such as signs or antennas which do not require structural building modifications.

6. City-sponsored projects that have been specifically exempted from the City.

7. Emergency demolition which are necessary to protect the public health and safety.

8. Projects, as determined by the Director of Public Works or his or her designee, not generating construction or demolition waste.

(B) Appeal Of Diversion Requirements: An applicant may appeal to the City Manager of a decision of the Director of Public Works decision to deny an exemption. Notice of appeal of the Director of Public Works decision must be filed with the City Manager's office within ten (10) calendar days of the date of the decision being appealed. The notice of appeal shall set forth in concise language the particular decision or decisions complained of and the reason why the person feels aggrieved thereby. Failure to file a notice of appeal within the time prescribed herein constitutes a waiver of any objection to the decision(s) of the Director of Public Works and such decision(s) shall be final; otherwise, the decision of the City Manager is final. (Ord. 840-21, 5-4-2021)

(A) Within sixty (60) days following the completion of a Covered Project, the applicant shall submit to the Director of Public Works documentation of its compliance with this chapter and/or the applicable WMP. Necessary documentation shall include:

1. A completed "Construction and Demolition Waste Recycling and Disposal Report Summary", which lists the tonnage of materials removed, recycled, and diverted.

2. The Summary shall include receipts, weight tags, or other records of measurement from recycling companies, contractors, and/or landfill and disposal companies.

(B) If a project involves both demolition and construction, and the applicant has not met the diversion requirement for demolition, the Director of Public Works or their designee may, in addition to other remedies set forth in this chapter:

1. Require a higher percentage of diversion for construction than the amount identified in the approved WMP.

2. The higher percentage shall be no higher than the shortfall in the diversion from demolition waste.

3. The applicant may submit a letter, signed under penalty of perjury, stating that no designated recyclable or reusable materials were generated from the demolition project.

4. The applicant's statement shall be verified by the Director of Public Works or their designee. (Ord. 840-21, 5-4-2021)

The building official shall cause to be made and filed a permanent record of each transaction of the building department covered by this code of building regulations.

(A) Where the permittee desires occupancy or utilities energized before the final inspection can be completed, and the building official determines that all fire protection systems are operational and no unreasonable hazard to life or property exists, he may deposit with the building official security in the amount of the building official's estimate of the cost of completion of the work and the department's overhead costs involved in processing and administration. The term "security" as used in this section means one or more of the following:

1. A bond by one or more duly authorized corporate sureties; or

2. A cash deposit made with the City; or

3. An instrument of credit from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument; or

4. Negotiable U.S. treasury certificates of a kind approved by law for security deposits of public money.

The security sum is to be refunded to the permittee upon completion, and may be released to the depositor in two (2) payments during the progress of the work if the deposit exceeds one thousand dollars ($1,000.00) and the same ratio of security is maintained on deposit for all uncompleted work. Such special permit shall be granted for a specific time period mutually agreed upon, after which if the project remains uncompleted, the building official may declare the permit void, forfeit and utilize the security deposit to gain compliance under provisions of this title. (Ord. 696-02, 10-1-2002; amd. Ord. 840-21, 5-4-2021)

Where a structure or project remains unfinished after the permit therefor has been revoked or canceled, the owner shall, within sixty (60) days after written notice by the building official, demolish and remove the same, or obtain a new permit and diligently pursue the work to completion according to its terms within one hundred eighty (180) days. (Ord. 696-02, 10-1-2002; amd. Ord. 840-21, 5-4-2021)

(A) The board of building appeals is established by the city council of the city of Taft within fifteen (15) days of the filing of a notice of appeal. Such constituted board shall be the board of building appeals for all matters dealing with said appeal. Upon receipt of a notice of appeal, the city council shall appoint a five (5) member board who shall be qualified persons to pass upon matters pertaining to building construction and who are not employees of the city. The building official shall be an ex officio member of, and shall act as secretary to, said board.

(B) The board of building appeals shall hear any appeal from a decision of the building official relating to interpretation of this code. The board of appeals shall have no authority relative to interpretations of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.

Said board shall adopt rules of procedure, make written findings, and render a written decision on each appeal which it hears; and shall use copies of same to be furnished to the appellant, to the building official and to any person requesting it. (Ord. 696-02, 10-1-2002; amd. Ord. 840-21, 5-4-2021)

(A) Neither an approval nor a permit granted by the building department or other city department shall constitute permission or authority for, or be interpreted as a waiver of violation of any statute, ordinance, or regulation.

(B) Neither the city nor its officers or employees shall be liable for structural or construction defects through the administration or enforcement of this code of building regulations.

(C) By accepting a permit for the performance of services by the building department, an applicant consents to the limitations of this section. (Ord. 696-02, 10-1-2002; amd. Ord. 840-21, 5-4-2021)

(A) Any person who violates or causes, permits, or allows the violation of any provision of this code of building regulations (including codes which have been adopted by reference) shall be subject to an administrative citation per chapter 3 of title 1 of the Taft Municipal Code.

(B) Any structure, construction, or installation that is undertaken or permitted to continue in violation of any provision of this code of building regulations is a public nuisance and may be abated by the building official. (Ord. 696-02, 10-1-2002; amd. Ord. 840-21, 5-4-2021)

(A) Purpose and Intent: The purpose of this section is to establish and implement an expedited and streamlined permit review process for electric vehicle charging stations; ensuring the public health and safety while avoiding potential adverse impacts from the installation of said charging stations. This section is also purposed to comply with California Government Code Section 65850.7.

(B) Authority: The authority for the review and approval of permits for the installation of electric vehicle charging stations shall be vested with the building official, or their designee.

(C) Application: A building permit application for the installation of an electric vehicle charging station shall be filed with the building department in a manner prescribed by the building official. The provisions of this section shall apply to all new charging stations in the City. Electric vehicle charging systems legally established or permitted prior to the effective date of this section shall not be subject to the provisions of this section, unless physical modifications or alterations are proposed that would materially change the size, type, or components of the station that would require new permitting.

(D) Definitions:

(E) Expedited Permitting Process: Consistent with Government Code Section 65850.7, the building official shall implement an expedited and streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website.

(F) Permit Application Processing:

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

2. A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the building official that the permit application and supporting documents meets the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue a permit. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the building official determines that the permit application is incomplete, a written correction notice shall be issued to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

3. Consistent with Government Code Section 65850.7, the building official shall allow for electronic submittal of permit applications covered by this section and associated supporting documentations. The building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

4. An application to install an electric vehicle charging station shall be deemed complete after the applicable time period has elapsed:

(a) Five (5) business days after submission of the application, if the application is for at least one (1), but not more than twenty-five (25) electric vehicle charging stations at a single site.

(b) Ten (10) business days after submission of the application, if the application is for more than twenty-five (25) electric vehicle charging stations at a single site.

(G) Technical Review:

1. It is the intent of this Ordinance to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the building official’s authority to address higher priority life-safety situations. If the building official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this section, the City may require the applicant to apply for a use permit.

2. In the technical review of a charging station, consistent with Government Code Section 65850.7, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

3. An application to install an electric vehicle charging station shall be deemed approved if the applicable time period described in subsection F.4 has elapsed and if:

(a) If the building official has not administratively approved the application pursuant to Government Code section 65850.7(b); and

(b) The building official has not made a finding, based on substantial evidence, that the electric vehicle charging station could have an adverse effect upon the public health or safety, or required the applicant to apply for a use permit pursuant to Government Code section 65850.7(b); and

(c) The building official has not denied the permit pursuant to Government Code section 65850.7(c); and

(d) An appeal has not been filed to the planning commission pursuant to Government Code section 65850.7(d).

(H) Electric Vehicle Charging Station Installation Requirements

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

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

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

4. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements. (Ord. 848-22, 11-15-2022)