Thousand Oaks Municipal Code Ch. 4 Code Administration

This chapter shall be known as the Technical Codes, may be cited as such, and will be referred to herein as "Thousand Oaks Code Administration" or "the building code" or "these regulations" or "these building standards", the "code", or "this code".

(§ 3, Ord. 1741-NS, eff. January 1, 2026)

(a) Scope: This Chapter shall serve as the administrative, organizational and enforcement rules and regulations for the technical codes and other building and property health and safety regulations within this title which regulate property maintenance and site preparation, construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, grading, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings and structures.

When conflicting provisions or requirements occur within this article or other codes or laws, provisions of Title 8, Chapter 4 shall govern.

Except as hereinafter changed or modified, the building standards, which are published in the California building standards code, are applicable to all occupancies and uses throughout the city. Amendments to the building standards contained in the codes published by the model code organizations (ICC, IAPMO, and NFPA) by state agencies, are applicable only to those occupancies or uses which the state agency making the amendment is authorized to regulate.

Intent: The purpose of this code adopted hereby is to provide minimum standards to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, accessibility, sustainability, resiliency, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations.

Certain changes and modifications have been made in the adoption of this code because of the requirements of specific local conditions. Consistent with this purpose, the provisions of this code are intended and always have been intended to confer a benefit on the community as a whole and are not intended to establish a duty of care toward any particular person.

This code shall not be construed to hold the city or any officer, employee or agent thereof responsible for any damage to persons or property by reason of any inspection authorized herein or by reason of the issuance or nonissuance of any permit authorized herein, and/or for any action or omission in connection with the application and/or enforcement of this code. By adopting the provisions of this code, the city does not intend to impose on itself, its employees or agents any mandatory duties of care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages.

This section is declaratory of existing law and is not to be construed as suggesting that such was not the purpose and intent of previous code adoptions.

(§ 3, Ord. 1741-NS, eff. January 1, 2026)

(a) Conflicts: Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. When conflicting provisions or requirements occur within this code or between this code and other codes or laws, the most restrictive provisions shall govern. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

(b) Other Laws: The provisions of this code shall not be deemed to nullify any provisions of local, state, or federal law.

(c) Referenced Codes And Standards: The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.

(d) Partial Invalidity: In the event that 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 and provisions.

(e) Existing Structures, Systems And Equipment: The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public and provided continued use is not dangerous to life, health and safety.

Additions, alterations, repairs and changes of use or occupancy in all buildings, structures, and portions of building and structures, shall comply with the provisions for new buildings and structures except as otherwise provided for in this code.

Additions or alterations shall not be made to an existing building or building service equipment which will cause the existing building or building service equipment to be in violation of the provisions of the technical codes nor shall such additions or alterations cause the existing building or building service equipment to become unsafe.

Equipment lawfully in existence at the time of the adoption of this code may have their use, maintenance, or repair continued if their use, maintenance, or repair is in accordance with the original design and a hazard to life, health or property has not been created.

Buildings, structures, and equipment, existing and new, and parts thereof shall be maintained in a safe and sanitary condition. Devices or safeguards which are required by this code shall be maintained in conformance with the technical code under which installed. The owner, owner's agent, and occupant shall be responsible for the maintenance of buildings, structures, and their building service equipment. To determine compliance with this section, the building official may cause a structure to be reinspected.

A change in the use or occupancy of any existing building or structure shall comply with the provisions of this code and the existing building code.

It shall be unlawful for any person to own, use, occupy or maintain any building or structure or portion thereof, in the city, or cause the same to be done, contrary to, or in violation of, any of the provisions of this code.

(§ 3, Ord. 1741-NS, eff. January 1, 2026)

The purpose of said Code Administration is to provide minimum standards to safeguard life or limb, property, and public health, safety, and welfare, by regulation and control of the design, construction, addition, alteration, conversion, erection, installation, location, relocation, demolition, repair, maintenance, occupancy, and use of all structures and buildings located within the City and equipment regulated therein.

(§ 3, Ord. 1741-NS, eff. January 1, 2026)

The name "City of Thousand Oaks" is hereby inserted in any and all blank spaces provided in said California Building Standards Codes for the name of the jurisdiction adopting said Codes, and wherever the word "city" or "jurisdiction" appears in said Codes or is otherwise used, it shall mean and refer to the City of Thousand Oaks.

(§ 3, Ord. 1741-NS, eff. January 1, 2026)

Whenever the Building Official determines that work was performed without the required permit, in violation of the issued permit, or has not been conducted in accordance with the requirements of this Code, the Building Official may record a Notice of Noncompliance with the office of the County Recorder and shall notify the property owner of such action. The Notice of Noncompliance shall describe the property, shall set forth the noncomplying conditions, and shall state that the property owner has been so notified.

The Building Official shall submit a Notice of Compliance to the County Recorder when it is determined that noncompliant conditions have been corrected, abated, or removed.

A fee in accordance with the Thousand Oaks Building Code Fee Schedule shall be charged to the property owner to process such Notices.

(§ 3, Ord. 1741-NS, eff. January 1, 2026)

The Building Official and authorized representative deputies and designees, as hereinafter provided shall have the power to issue citations pursuant to Chapter 5 of Title 1 of this Municipal Code whenever they have reasonable cause to believe that the person to be arrested has committed in their presence a misdemeanor, misdemeanor/infraction, or infraction, consisting of a violation of the provisions of this Code or any other ordinance or statute which the Building Official has duty to enforce.

The persons who are authorized to make arrests as herein provided shall consist of the Building Official and authorized representative deputies and designees, whose duties include administration, regulation, and enforcement activities for the City of Thousand Oaks.

(§ 3, Ord. 1741-NS, eff. January 1, 2026)

Wherever the term “Building Official” appears in this Building Code, it shall mean and refer to the Building Official of the City or his/her authorized representative deputy or designee.

(§ 3, Ord. 1741-NS, eff. January 1, 2026)

(a) Required: Except as specified in this code, no building, structure or building service equipment regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, installed, improved, removed, converted or demolished unless a separate, appropriate application has been made and permit for each building, structure or building service equipment has first been obtained from the building official. No grading shall occur without the prior procurement of a grading permit or as authorized by the building official.

(b) Work Exempt From Permit: A permit shall not be required for the types of work in each of the separate classes of permit as listed below. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of the building standards codes, zoning code, or any other laws or ordinances of this jurisdiction.

Building Permits. A building permit shall not be required for the following:

(1) One-story detached accessory structures used as a children's playhouse or tree house, equipment shed or utility building and similar uses provided that all of the following conditions exist:

(i) The building is accessory to a dwelling unit.

(ii) The building does not exceed one-hundred twenty (120) square feet maximum in area or twelve (12') feet maximum in overall height from floor to roof.

(iii) The building does not contain mechanical, electrical, or plumbing installations that require permits.

(iv) The building is not located in a front, side, or other yard wherein a setback is required by City zoning regulations.

(v) The building is separated more than six (6') feet minimum from any similar accessory structure and from the dwelling.

(vi) The structure is not regulated by Section 710A of the California Building Code.

(2) Fences six (6') feet maximum in height or masonry block walls (3') feet maximum in height when measured from top of soil on the lowest grade side of the wall.

(3) Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, not extending a yard on a downslope and/or with a soils retention depth of:

(i) Thirty-six (36") inches maximum above grade without a surcharge or

(ii) Eighteen (18") inches maximum above grade with a surcharge or supporting a slope.

(4) Repairs to roof coverings not exceeding a total of one-hundred (100) square feet maximum or constituting the entire portion of a particular roof type within any 12-month period.

(5) Detached decks which are twenty-nine (29") inches maximum above grade.

(6) Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1.

(7) Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

(8) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

(9) Temporary motion picture, television and theater stage sets and scenery.

(10) Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.

(11) Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

(12) Swings and other playground equipment accessory to detached one- and two-family dwellings.

(13) Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

(14) Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

Electrical Permits. An electrical permit shall not be required for the following:

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

(16) Repair or replacement components of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location.

(17) Temporary decorative lighting.

(18) Repair or replacement of current-carrying parts of any switch, contactor or control device.

(19) Reinstallation of attachment plug receptacles, but not the outlets thereof.

(20) Repair or replacement of any overcurrent device of the required capacity in the same location.

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

(22) Removal of electrical wiring.

(23) Temporary, as defined in Section 108 of the California Building Code, for wiring for experimental purposes in suitable experimental laboratories.

(24) The wiring for temporary, as defined in Section 108 of the California Building Code, for theater, motion picture or television stage sets.

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

(26) Low-voltage electrical power, control and signal circuits of Classes II and III as defined in the California Electrical Code.

Plumbing Permits. A plumbing permit shall not be required for the following:

(27) Water lines to residential refrigerators for ice-making machines.

(28) Emergency Repairs. Where equipment replacements and repairs must be performed in an emergency situation and a permit is required, the permit application shall be submitted to the building official within the next working business day.

(§ 3, Ord. 1741-NS, eff. January 1, 2026)

To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall:

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

(2) Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

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

(4) Be accompanied by construction documents and other information as required in Section 107 of the California Building Code.

(5) State the valuation of the proposed work.

(6) Be signed by the applicant, or the applicant's authorized agent.

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

(8) Applications for plumbing, mechanical and electrical permits, describing the work to be done, shall be made in writing to the Building Official by a properly licensed contractor, his/her authorized representative, or by a person properly qualified and licensed by the Contractor's State License Board, under the provisions of the Business and Professions Code of the State of California, except when and as otherwise hereinafter provided in this section. Permits may be issued to specialty-licensed contractors or licensed general building contractors when acting within the provisions of State Contracting License Law.

(9) Any permit required by this Code may be issued to any person to do any work regulated by this Code in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such building, in the event that any such person is the bona fide owner of any such dwelling and accessory buildings and quarters, and that the same are occupied by said owner, provided that such owner shall personally purchase all material and shall personally perform all labor in connection therewith and demonstrate the knowledge and ability to perform said construction work in conformance with the requirements of the California Plumbing, Mechanical or Electrical Codes. If, in the opinion of the enforcing authority, such knowledge and ability is insufficient, a person licensed to do such work may be required.

(§ 3, Ord. 1741-NS, eff. January 1, 2026)

Every permit application for which no permit is issued within 180 days after the date of permit application shall expire by limitation and become invalid, unless such permit application is pursued in good faith or permit is issued, and construction documents and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The applicant shall submit permit application and construction documents and pay applicable permit application and plan review fees for such construction work after expiration of the initial permit application. The Building Official may extend the time for action by the applicant for a period not exceeding 90 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. Once an application has expired hereunder, no further action shall be taken. The applicant may submit new or the same plans and pay a new plan review fee at any time after expiration of the original application. Application will be subject to current code requirements.

(§ 3, Ord. 1741-NS, eff. January 1, 2026)

(a) Permit Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void unless work authorized by such permit is commenced within one year (365 calendar days) from the issuance date of such permit. If work authorized by such permit is commenced within three hundred sixty-five (365) calendar days from the issuance date, such permit shall expire by limitation and become null and void three hundred sixty-five (365) calendar days after the date of the last successful inspection.

(1) Expiration of Permit for Unlawful Construction. Notwithstanding any provision of Section A above, or any other provision of this chapter, if a building permit was issued in order to bring an unpermitted structure or other unlawful, substandard, or hazardous condition into compliance with any applicable law, or ordinance, such permit shall expire by limitation and become null and void ninety (90) calendar days after the date on which the permit was issued. The building official may extend the validity of the permit for a period not exceeding ninety (90) calendar days beyond the initial ninety (90) day limit upon written request by the applicant filed with the building official prior to the expiration date of the original permit.

(b) Permit Extension. A permit can be extended provided no changes have been made in the original plans and specifications for such work. A permit can receive an extension while it is valid or within thirty (30) days of expiration. The building official may extend a permit for a period not exceeding one hundred eighty (180) days from the date of expiration. The permittee shall submit a written request showing that circumstances beyond the control of the permittee have prevented action from being taken and a permit extension fee shall be paid.

(§ 3, Ord. 1741-NS, eff. January 1, 2026)

No person, firm or corporation shall raze any building or structure, or portion thereof, in the City, or cause the same to be done, without first obtaining a separate Demolition Permit for each building or structure from the Building Official.

To obtain a demolition permit of an entire structure, the applicant shall first file a written application for demolition permit, and associated preliminary site inspection, and pay all fees as set by resolution of the City Council. A construction and debris recycling plan and associated fee may also be required by the Public Works Department. A building alteration permit shall be obtained when a building will be partially demolished.

The applicant shall cause all utility services, including gas, electric, water and wastewater services, to be terminated and removed by the appropriate utility agency. A written notification of termination of service by the utility agencies shall be obtained by the applicant and submitted to the Building Division prior to permit issuance.

The applicant shall schedule an inspection of abandoned sewers, septic tanks, cesspools, and water wells immediately upon excavation and exposure and prior to fill in or cap off. Fill materials and/or cap devices shall be located on site at the time of inspection. Sewers, septic tanks, and cesspools shall be filled or capped in accordance with the current edition of the California Plumbing Code as adopted by the City of Thousand Oaks. Water wells shall be abandoned in accordance with the City of Thousand Oaks Public Works Department specifications.

The applicant shall restore the site within the former building area to be consistent with adjacent grades and remove of all resulting building debris, trash, junk, or any other material that constitutes a threat to life, health, or property or is inimical to the public welfare.

A final inspection of the site shall be scheduled by the permit holder or authorized agent immediately after the demolition of the structure or building.

(§ 3, Ord. 1741-NS, eff. January 1, 2026)

Where noticed code violations exist, the building official shall issue a notice of denial of permit to the permit applicant or to the current owner (if not the applicant). The notice of denial of permit shall include a description of the noticed code violations. Failure of any person to receive a properly addressed notice of denial of permit pursuant to this section shall not invalidate the denial of a permit.

The building official may issue a permit or a permit with conditions to an owner, despite the existence of one or more noticed code violations, if it is determined that one of the following circumstances exists:

(a) The noticed code violations require the permit being applied for in order to abate the violations.

(b) Denial of a permit would result in an immediate threat to:

(1) The health or safety of occupants of the real property on which noticed code violations exist; or

(2) The occupants of adjoining private property; or

(3) Persons on public property.

(§ 3, Ord. 1741-NS, eff. January 1, 2026)

(a) Schedule of Building Permit Fees. Fees shall be established by resolution of the City Council and assessed in accordance with this section and the Thousand Oaks User Fee Schedule.

(b) Strong Motion Instrumentation Program Fund. In addition to and considered a part of the fees collected pursuant to the City Council resolution establishing building permit fees, a fee shall be collected from all applicants for building permits, as required by California Public Resources Code Section 2705, for the administration of the State of California Strong Motion Instrumentation Program. The amount of this fee will be specified in the Thousand Oaks User Fees. All funds raised by such additional fee shall be placed in a trust fund which shall be known as the Strong Motion Instrumentation Program Fund and shall be remitted quarterly to the State of California pursuant to the provisions of Chapter 8 of Division 2 of the Public Resources Code and the rules and regulations of the Division of Mines and Geology of the Department of Conservation.

(c) Other Fees. Fees as established by resolution of the City Council and in accordance with the Thousand Oaks User Fee Schedule shall be required and paid for Building Department services, including, but not limited to, plan examination and construction inspection beyond normal business hours.

Permits for which no fees are required may be issued upon prior approval by the Building Official for qualified projects of City departments or other governmental agencies and for minor projects not inimical to public health, safety or welfare.

In specific circumstances when consultant professional services may be used by the Building and Safety Division, those costs may be directly charged to the applicant as fees.

(d) Reinspection Fees. A reinspection fee shall be established by resolution of the City Council be assessed by the Building Official. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required reinspection fees have been paid.

(e) Refunds. The Building Official may authorize fee refunds upon written application by the original permittee, within the limitations set forth herein:

(1) Any fee totaling Thirty-five and no/100ths ($35.00) Dollars or less, exclusive of issuance fee, if any, shall be nonrefundable except as specified in subsection 2 below.

(2) One hundred (100%) percent of any fee erroneously paid or collected shall be refundable.

(3) Ninety (90%) percent of any plan review fee shall be refundable when the permit application is withdrawn or cancelled prior to commencement of plan review. Plan review fees will be nonrefundable once the plan review has commenced.

(4) Eighty (80%) percent of any permit fee shall be refundable when the construction work authorized by such permit has not commenced.

(5) Ninety (90%) percent of any Board of Appeals filing fee shall be refundable when such hearing is cancelled prior to the issuance of a Notice of Hearing pertaining to the case.

(6) Permits not issued to, or authorized by, the property owner shall be nonrefundable.

(7) Third-party fees collected by the City on behalf of other agencies or the State, said related fees are nonrefundable once fees have been surrendered to the third-party agencies.

Failure of the permit holder to submit written application for a refund within 180 days of expiration of an application, permit, hearing, or request for service for which a fee has been paid, shall constitute a waiver of entitlement to a refund. No partial refund shall be authorized, nor credit be applied against other fees which may be payable to the City of Thousand Oaks, when a construction project is cancelled or abandoned subsequent to partial completion of the building or work authorized by a permit.

(§ 3, Ord. 1741-NS, eff. January 1, 2026)

A reinspection fee may be assessed by the Building Official or designee to control the practice of calling for inspections before the job is ready for such inspection or reinspection. In instances where reinspection fees have been assessed, no additional, inspection of the work will be performed unit the required fees have been paid.

(§ 3, Ord. 1741-NS, eff. January 1, 2026)

Change of Occupancy. A building or structure shall not be used or occupied in whole or in part, and a change of occupancy of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein. 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 jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.

Exception: Certificates of occupancy are not required for work exempt from permits in accordance with Sec. 8-4.08.

Exception: Detached single-story structures classified as U occupancies accessory to R-3 residential occupancies.

(§ 3, Ord. 1741-NS, eff. January 1, 2026)

Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, or that are identified as unsafe by the International Property Maintenance Code, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe.

(§ 3, Ord. 1741-NS, eff. January 1, 2026)