Vista Municipal Code Ch. 16.08 California Building Code

Section 16.08.010 Adoption

The 2025 California Building Standards Code, California Code of Regulations, Title 24,

Part 2, Volumes 1 and 2, inclusive of all current and future appendixes and amendments, as published and adopted by the California Building Standards Commission, and commonly known and/or referred to as the California Building Code, including amendments, is hereby adopted by reference and incorporated herein as if fully set forth herein as if fully set forth in this chapter. Prior Code 6-1; Ord. No. 87-39, Amended 12/24/87; Ord. No. 91-1, Amended, 02/12/91; Ord. No. 92-13, Amended, 07/28/92; Ord. No. 95-15, Amended, 11/28/95; Ord. No. 99-12, Amended, 07/13/99; Ord. No. 2002- 20, Amended, 09/24/02; Ord. No. 2007- 23, Amended, 11/13/07; Ord. No. 2010- 17, Amended, 10/12/10; Ord. No. 2013-20, Amended 11/12/13; Ord. No. 2016- 16, Amended, 10/25/16; Ord. No. 2021- 2, Amended 3/23/21; Ord. No. 2022- 19, Amended 10/25/22; Ord. No. 2025- 08, Repealed and Replaced 9/23/25)

Section 16.08.020 Chapter 1, Division II, Section 101.4.1

Section 101.4.1 Gas. The provisions of the California Plumbing Code and/or the California Mechanical Code, whichever is most restrictive, shall 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. Prior Code 6-1; Ord. No. 87-39, Amended 12/24/87; Ord. No. 91-1, Amended, 02/12/91; Ord. No. 99-12, Repealed, 07/13/99; Ord. No. 2002- 20, Enacted, 09/24/02; Ord. No. 2007- 23, Amended, 11/13/07; Ord. No. 2010-17, Amended, 10/12/10; Ord No. 2013-20, Amended 11/12/13; Ord No. 2016-16, Amended 10/25/16; Ord. No. 2025-08, Repealed and Replaced 9/23/25)

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Section 16.08.030 Chapter 1, Division II, Section 101.4.4 Deleted

Prior Code 6-1.1; Ord. No. 87-39, Amended 12/24/87; Ord. No. 91-1, Amended, 02/12/91; Ord. No. 95- 15, Amended, 11/28/95; Ord. No. 99-12, Repealed, 07/13/99; Ord. No. 2007- 23, Enacted, 11/13/07; Ord. No. 2010- 17, Amended, 10/12/10; Ord No. 2013- 20, Amended 11/12/13; Ord No. 2016- 16, Deleted 10/25/16)

Section 16.08.040 Chapter 1, Division II, Section 105.3.2

Section 105.3.2 Time limitation of Application. An application for a permit for any proposed work shall be deemed to have been abandoned one year after the date of filing, unless 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 90 days each. Prior Code 6-1.1.3; Ord. No. 87-39, Amended 12/24/87; Ord. No. 91-1, Amended, 02/12/91; Ord. No. 95- 15, Repealed, 11/28/95; Ord. No. 2007- 23, Enacted, 11/13/07; Ord. No. 2010- 17, Amended, 10/12/10; Ord. No. 2013-20, Amended 11/12/13; Ord No. 2016-16, Amended 10/25/16; Ord. No. 2025-08, Repealed and Replaced 9/23/25)

Section 16.080.050 Chapter 1, Division II, Section 109.4

Section 109.4 Work commencing before permit issuance. Any person who

commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a penalty equal to the permit fee to be paid in addition to the permit fee when obtaining the building permit. Prior Code 6-1.1.4; Ord. No. 87-39, Amended 12/24/87; Ord. No. 91-1, Amended, 02/12/91; Ord. No. 95- 15, Repealed, 11/28/95; Ord. No. 2007-23, Enacted, 11/13/07; Ord. No. 2010-17, Amended, 10/12/10; Ord. No. 2013-20, Amended 11/12/13; Ord No. 2016-16, Amended 10/25/16; Ord. No. 2025-08, Repealed and Replaced 9/23/25)

Section 16.08.060 Chapter 1, Division II, Section 109.6

Section 109.6 Refunds. Refunds for a permit or plan review, when no work has

commenced, shall be limited to the fee paid minus the cost equal to all services provided including refund processing. Prior Code 6-1.1.5; Ord. No. 87-39, Amended 12/24/87; Ord. No. 91-1, Amended, 02/12/91; Ord. No. 95- 15, Repealed, 11/28/95; Ord. No. 2007-23, Enacted, 11/13/07; Ord. No. 2010-17, Amended, 10/12/10; Ord. No. 2013- 20, Amended 11/12/13; Ord No. 2016- 16, Amended 10/25/16; Ord. No. 2025-08, Repealed and Replaced 9/23/25)

Section 16.08.070 Chapter 1, Division II, Section 110.3.5 Exception

Prior Code 6-1.1.6; Ord. No. 87-39, Amended 12/24/87; Ord. No. 95-15, Repealed, 11/28/95; Ord. No. 2007- 23, Enacted, 11/13/07; Ord. No. 2010- 17, Amended, 10/12/10; Ord No. 2016- 16, Deleted 10/25/16)

Section 16.08.080 Required Installation of Automatic Fire Extinguishing Systems

Section 16.08.080 Required Installation of Automatic Fire Extinguishing

Systems. Automatic fire extinguishing systems shall be installed in accordance with Section 903.2 of the California Building Code, as amended by Section 16.40.020 of the Vista Development Code ( Vista Fire Code). Prior Code 6-1.1.8; Ord. No. 87-39, Amended 12/24/87; Ord. No. 95-15, Repealed, 11/28/95; Ord. No. 2007- 23, Enacted, 11/13/07; Ord. No. 2010- 17, Amended, 10/12/10; Ord No. 2016- 16, Amended 10/25/16; Ord. No. 2025- 08, Repealed and Replaced 9/23/25)

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Section 16.08.090 Chapter 31, Section 3109

Prior Code 6-1.1.11; Ord. No. 87-39, Amended 12/24/87; Ord. No. 91-1, Amended, 02/12/91; Ord. No. 95-15, Repealed, 11/28/95; Ord. No. 2007- 23, Enacted, 11/13/07; Ord. No. 2010- 17, Amended, 10/12/10; Ord. No. 2013- 20, Amended 11/12/13; Ord No. 2016- 16, Amended 10/25/16; Ord. No. 2025- 08, Repealed)

Section 16.08.100 Department of Building Safety, Building Official, Duties

A. Consistent with Section 103.2 of the California Building Code, a department of building and safety operates in the City as the Building Division of the Community Development Department, which is overseen by the person serving as building official pursuant to the City’s classification schedule, or who discharges those functions. The building official, pursuant to Section 103.2 of the California Building Code, may appoint or be served by deputies. B. The responsibilities and duties of the department of building safety and building official include: 1. All duties assigned pursuant to applicable State law, including the California Building Code as adopted and amended by the City; and 2. Such additional duties with respect to buildings, structures and the uses therein which are assigned to the building official by ordinance adopted of the Vista City Council for the purpose of promoting the public safety. C. Before the building official issues a certificate of occupancy for a new occupancy or change in use pursuant to Section 16.08.130, the building official shall determine that the new occupancy or change in use would comply with the California Building Code and constitute a lawful use under the Title 18 of the Vista Development Code including any specific plan adopted thereunder. If the building official determines that a new occupancy or change in use would violate the California Building Code or be unlawful under Title 18 of the Vista Development Code or any specific plan adopted thereunder, the building official will deny the application for a certificate of occupancy. D. By discharging the duties described in Sections 16.08.100 through 16.08.170, including paragraph C of this Section, it is intended that the building official will promote: ( i) the efficient administration of the California Building Code; ( ii) lawful occupancies and uses of buildings or structures which conform to the California Building Code; and ( iii) compliance with laws governing the construction maintenance, and use of buildings or structures. In turn, these efforts assure that the buildings or structures used by the public, including the occupancies and uses therein, are both safe and lawful. Additionally, such efforts protect the public by deterring a transformation of lawful buildings, structures, occupancies or uses into building, structures occupancies, or uses that constitute a nuisance under Title 18 of the Vista Development Code or Section 8.36.040(B)(15) of the Vista Municipal Code. Prior Code 6-1.1; Ord. No. 87-39, Amended 12/24/87; Ord. No. 95-15, Repealed, 11/28/95; Ord. No. 99- 12, Amended, 07/13/99; Ord. No. 2007- 23, Enacted, 11/13/07; Ord. No. 2010- 17, Amended, 10/12/10; Ord. No. 2013- 20, Amended 11/12/13; Ord. No. 2016- 16, Repealed 10/25/16; Ord. No. 2017- 14, Added 10/10/17)

Section 16.08.110 Certificate of Occupancy; When Required

A. Except as provided in paragraph ( C), no new occupancy or change in use of a structure, improvement or portion thereof shall be made until the building official has issued a certificate of occupancy approving that occupancy or use.

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B. For purposes of Chapter 16.08, the term “ new occupancy or change in use”

means any new, changed, modified, or altered occupancy, use or physical characteristic of all or part of a building or structure which will: 1. Produce an occupancy or use of a formerly vacant portion of a building or structure in combination with work or activities requiring a permit or authorization under the Vista Development Code, the California Building Code, or similar code; 2. Alter an existing use of all or part of a building or structure to change the occupancy classification for all or part of a building or structure under the California Building Code; 3. Intensify or alter an existing occupancy or use of all or part of a building or structure to require additional or different building or safety measures under the California Building Code; or 4. Cause a new use or additional land use to operate from all or part of a building or structure based on the land use categories recognized under Title 18 of the Vista Development Code or specific plans adopted thereunder in combination with work or activities requiring a permit or authorization under the Vista Development Code, the California Building Code, or similar code. C. A certificate of occupancy pursuant to this Chapter is not required for existing or new detached one and two family dwellings or townhouses as defined in the California Residential Code, and their accessory structures. Ord. No. 92-13, Enacted, 07/28/92; Ord. No. 95-15, Amended, 11/28/95; Ord. No. 99-12, Amended, 07/13/99; Ord. No. 2002- 20, Amended, 09/24/02; Ord. No. 2007- 23, Amended, 11/13/07; Ord. No. 2010- 17, Amended, 10/12/10; Ord. No. 2013- 20, Amended 11/12/13; Ord No. 2016- 16, Repealed 10/25/16; Ord. No. 2017-14, Added 10/10/17)

Section 16.08.120 Application for a Certificate of Occupancy; Responsible Parties

A. The building official will process applications for certificates of occupancy using a form prepared by the building official upon payment of an application fee in such amount as is set by the City Council by resolution or otherwise allowed by law. B. It shall be the responsibility of the owner or occupant whose action will or has necessitated issuance of a certificate of occupancy to apply for and obtain such certificate before effecting, establishing or operating a new occupancy or change in use. It shall be unlawful to effect, establish or operate a new occupancy or change in use without first obtaining a certificate of occupancy, and thereafter maintaining the certificate of occupancy in good standing during all periods that such occupancy or use occurs. C. Following issuance of a conformance order for an occupancy or use pursuant to Section 16.08.170, a person aware of the order shall, following the conformance deadline, refrain from participating, owning or managing the occupancy or use covered by the order until such time that a certificate of occupancy is issued for such occupancy or use. Ord. No. 2007-23, Enacted, 11/13/07; Ord. No. 2010-17, Amended, 10/12/10; Ord. No. 2013-20, Amended 11/12/13; Ord No. 2016- 16, Repealed 10/25/16; Ord. No. 2017- 14, Added 10/10/17)

Section 16.08.130 Application for Certificate of Occupancy; Review

A. Upon receipt of a complete application for a certificate of occupancy and the

required application fee, the building official shall consider the occupancy, consider the use, and inspect, as appropriate, the building or structure subject to the application. The building official shall issue the certificate of occupancy unless he or she finds a violation of the California Building Code, Title 18 of the Vista Development Code or other regulations that are enforced by the building official. Prior to issuance, all work required in connection with any building permit

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issued for such occupancy or use must be completed as determined by a final inspection, except in accordance with Section 16.08.140. B. An approved certificate of occupancy shall contain the following information: 1. The approval number; 2. The address of the building or structure; 3. The name and address of the permit holder; 4. A description of that portion of the building or structure for which the certificate is issued; 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of the California Building Code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified; 6. The signature of the building official; 7. The edition of the California Building Code under which the permit was issued; 8. The use and occupancy, in accordance with the provisions of the California Building Code and Title 18 of the Vista Development Code; 9. The type of construction as defined in the California Building Code; 10. The design occupant load in rooms used for public assembly and classified in Occupancy Group A; 11. Whether an automatic sprinkler system is provided and, if so, the reason that the automatic sprinkler system is provided; and 12. Any special stipulations and conditions of the building permit. C. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of any of the provisions of the Vista Development Code, the Vista Municipal Code or any other local, state or federal law or regulation. Ord. No. 2007-23, Enacted, 11/13/07; Ord. No. 2010-17, Amended, 10/12/10; Ord. No. 2013-20, Amended 11/12/13; Ord No. 2016-16, Repealed 10/25/16; Ord. No. 2017-14, Added 10/10/17)

Section 16.08.140 Issuance of a Temporary Certificate of Occupancy

If the building official finds that a building, structure or a portion thereof can be occupied

safely, and that no substantial hazard will result from occupancy of any building, structure or portion thereof before all work is completed, a temporary certificate of occupancy may be issued. A certificate of occupancy is required upon completion of the remainder of the work. The building official shall set a time period during which the temporary certificate of occupancy is valid. Ord. No. 2007-23, Enacted, 11/13/07; Ord. No. 2010-17, Amended, 10/12/10; Ord. No. 2013-20, Amended 11/12/13; Ord No. 2016-16, Repealed 10/25/16; Ord. No. 2017-14, Added 10/10/17)

Section 16.08.150 Posting of Certificate of Occupancy

The certificate of occupancy shall be posted in a conspicuous place on the premises and

shall not be removed except by the building official. Ord. No. 2010-17, Added, 10/12/10; Ord. No. 2013-20, Amended 11/12/13; Ord No. 2016-16, Repealed 10/25/16; Ord. No. 2017- 14, Added 10/10/17)

Section 16.08.160 Suspension or Revocation of a Certificate of Occupancy

The building official may suspend or revoke a certificate of occupancy if the certificate

was issued in error, or on the basis of incorrect information, or if the building official determines

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that the occupancy, use or structure, including any portion thereof, violates any ordinance, regulation, or provision of the California Building Code or Title 18 of the Vista Development Code. Ord. No. 2010-17, Added, 10/12/10; Ord. No. 2013-20, Amended 11/12/13; Ord No. 2016-16, Repealed 10/25/16; Ord. No. 2017- 14, Added 10/10/17)

Section 16.08.170 Requirement to Obtain a Certificate of Occupancy After An Occupancy or Use is Established

A. The building official may issue a conformance order to achieve or confirm compliance with the requirements of this Chapter and the California Building Code. The conformance order will describe the occupancies or uses covered by the order and set a date, known as the conformance deadline, by which: ( i) a certificate of occupancy shall be obtained for such occupancies or uses; or (ii) the initial conformance order shall be rescinded if cause is shown. If the conformance deadline passes without the issuance of a certificate of occupancy or a rescission order particular to an occupancy or use, that occupancy or use shall thereafter be deemed an unlawful use operating without a certificate of occupancy in violation of this Chapter and subject to all remedies available to the City. A conformance order may be issued to an owner, operator or manager of a building, structure, business, occupancy or use. Any conformance order shall describe the basis for the order in writing and shall be delivered by the United States postal service, in person, or through other means which provides lawful notice. A conformance deadline shall be set in the reasonable determination of the building official, but shall not be a date more than 30 days after the date the conformance order issues unless good cause is shown for an extension to a period not exceeding 90 days from the date the conformance order was issued. B. A conformance order may be issued by the building official when: 1. The building official has reason to believe that a new occupancy or change in use was established in violation of this Chapter without first obtaining a certificate of occupancy. 2. The building official has reason to believe that a certificate of occupancy was previously issued for an occupancy or use at a particular location, but the occupancies or uses existing at the location, as of the date of the conformance order, are operating or existing in violation of the California Building Code or Title 18 of the Vista Development Code. 3. The building official has reason to believe that an occupancy or use is operating without a certificate of occupancy, for any reason, in a manner that violates the California Building Code or Title 18 of the Vista Development Code. C. If a certificate of occupancy is not obtained by the conformance deadline, the occupancy or use specified in the order will be classified as an unlawful occupancy or use existing without a required certificate of occupancy. Each day of continued operation of the occupancy or use beyond the conformance date will constitute a separate violation of this Code. D. The operation of an occupancy or use without receipt of a conformance order does not: 1. Indicate that such occupancy or use conforms to any law or regulation of any nature; or 2. Excuse any legal obligation of an owner, manager, operator or other party of an occupancy or use to comply with such laws or regulations. Ord. No. 2017-14, Added 10/10/17)

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Section 16.08.180 Violations Involving Certificates of Occupancy

In the event that any provision of Sections 16.08.100 through 16.08.180 is violated or

unsatisfied, any and all enforcement actions and safety actions authorized under California Building Code or the Vista Development Code are hereby authorized, and may be undertaken by the building official or any other enforcement officer or attorney on behalf of the City. Ord. No. 2017-14, Added 10/10/17)

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