§ 7-1

GENERAL

Article 1.

Purpose; Administration

This chapter is enacted as a result of requirements of State law and the determination that within the Town, certain regulations for construction, maintenance, use and occupancy are required to provide the minimum standards to safeguard the life, limb and property and protect the public health, safety and general welfare and to provide regulations and control of those factors in a physical environment which exercise or may exercise a deleterious effect on his/her physical development, health and survival. The Town Council has determined that the adoption of this chapter will assure local control of the mandatory building and inspection requirements of the State of California.

(Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

The Building Official is hereby appointed and charged with the enforcement of and given the authority to administer all provisions of such codes and Town regulations and requirements adopted under the authority provided in Government Code Sections 38601(b) and 38660. He/she shall manage and be responsible for all code compliance work required for the proper enforcement of regulations imposed by this chapter. He/she shall perform related duties as directed by the Town Council. The Building Official shall appoint such deputies and assistants as may be authorized by the Town Council.

The Building Official or his/her duly authorized representative shall act as the Secretary of the Board of Building Appeals and, notwithstanding any provisions in any Code adopted hereby to the contrary, he/she shall not be a member thereof. Upon presentation of proper credentials and pursuant to the law, the Building Official or his/her duly authorized representative may enter buildings, structures, or premises in the Town to perform any duty imposed upon him/her by these regulations.

(Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

There is hereby established within the Community Development Department the "Building Division" which shall be under the direction, control and supervision of the Building Official. The Town Council shall budget and appropriate such funds for the department as it may deem necessary for the operation of the department. (Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

Appeal may be made from any decision of the Building Official to the Board of Building Appeals by any applicant or owner of property contiguous to the property to be regulated. For purposes of determining contiguity, property lines shall be projected to the center of public streets or highways. Appeals must be filed with the Town

*Editor’s note— Ord. No. 2025-402, §§ 3, 7, adopted Dec. 3, 2025, amended Title VII, Chs. 1—7 to read as herein set out. Former Title VII, Chs. 1—7 pertained to similar subject matter, and derived from Ord. No. 2015-294, § 1, adopted Sept. 2, 2015; Ord. No. 2017-317, § 2, adopted Nov. 1, 2017; Ord. No. 2023-380, §§ 4, 5, adopted Oct. 4, 2023; and Ord. No. 2025-395, § 2, adopted June 4, 2025.

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Clerk no more than thirty (30) days after the decision from which appeal is being made has been rendered. All applicants and appellants shall be given reasonable opportunity to be heard and present evidence. Decisions of the Board of Building Appeals shall be in writing and shall be delivered to the appellant either in person or by mailing to the address stated on the appeal or application. Decisions of the Board of Building Appeals are final. Should no decision be rendered within twenty (20) days after the filing of the appeal, the appeal is denied unless time is extended by action of the Board of Building Appeals. The Board of Building Appeals shall have no authority relative to interpretation of the administrative provisions of this Code or the administrative provisions of the technical codes nor shall the Board be empowered to waive requirements of either this Code or the technical codes.

(Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve, convert or demolish any building or structure in the Town, or cause the same to be done, without first obtaining a separate building permit for each such building or structure as required by this chapter. Permits shall be issued, and fees shall be collected by the Building Division.

(Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

Permits shall not be issued by the Building Division for work which includes any of the following, unless and until the Sonoma County Department of Environmental Health Officer has given his/her written approval:

• a. The construction, alteration or modification of any on-site disposal system; any water supply system which under State law or County ordinance is required to have a permit from the Health Officer, any estab-

  • lishment selling or preparing any food or food products; any public or semipublic swimming pool.

• b. The construction, alteration or modification of any structure which will result in the structure being connected to an on-site disposal system or water system requiring a permit from the Health Officer.

• c. The alteration or modification of any existing structure which is connected to an on-site disposal system or water system requiring a permit from the health officer where the alteration or modification may impose additional burdens upon the existing system, such as, but not limited to, the addition of rooms or the modification of floor plans for potential additional occupancy. This section shall not apply to repairs, such as replacement of roofing or siding. Where the permit is for modification or alteration of an existing structure, no permit will be issued where, in the determination of the Health Officer, such modification is likely to result in exceeding the capacity of the system.

• d. The construction, alteration or modification of any structure which may result in the property being improved in excess of its capacity to absorb sewage effluent. This section is intended to cover any change in the property which might adversely affect sewage disposal such as, but not limited to, the construction of a barn or swimming pool which might infringe on the leach field.

Whenever approval of the Public Health Officer is required, it shall be based upon the requirements imposed by this chapter and any other State or local law or regulation which may be applicable, including basin plans and other standards promulgated by the North Coast Regional Water Quality Control Board and the San Francisco Bay Regional Water Quality Control Board. (Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

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BUILDING AND HOUSING

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Clearing and grading permits must be cleared as to zoning considerations by the Community Development Department, and drainage and flood control clearance may be required from the Public Works Department. Building permits for projects regulated by the Fire Code and Fire Safety Standards may be subject to review and approval by appropriate fire service agencies. Where road encroachment is necessary, a permit for same shall be first secured from the Department of Public Works. A water and/or sewer clearance is first required in areas serviced by special districts and the Town before building permits can be issued. A building permit authorizing grading and excavation shall not be issued until a disposal location for excavated material has been designated. (Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

Notwithstanding any other provision of this chapter or the Codes adopted hereby, emergency maintenance work or repair of buildings and structures requiring a permit hereunder may be commenced before obtaining a permit without violating this chapter provided the Building Division or the Public Health Officer, in the appropriate case, is notified prior to noon of the next following business day and the permit required is obtained within twenty-four (24) hours thereafter, and provided further that no work shall be covered before it has been duly inspected and approved. Compliance with the State Subdivision Map Act, the subdivision regulations, and the zoning regulations, including compliance with conditional permits issued thereunder, and compliance with all laws, is a condition precedent to the issuance of any permit required by this chapter for work to be done on any parcel of real property in the Town of Windsor.

grading and excavation shall not be issued until a disposal location for excavated material has been designated. Acquisition of a building permit does not relieve the permittee of the responsibility for acquiring any other State and local permits required for the activity.

(Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

A relocated building shall comply with the provisions of this chapter for new buildings to the extent that is reasonable and practical as determined by the Building Official.

(Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

The Public Health Officer or his/her duly authorized representative shall inspect all premises subject to operating regulations pursuant to this chapter at such time or times as he/she deems necessary, and if he/she determines that a violation of the regulations imposed by this chapter has occurred or is occurring, which is endangering or may endanger the public health, he/she may serve a notice of violation upon the permittee under an operating permit in such manner as provided herein or in codes adopted hereby. A copy of the notice shall be delivered to the Building Division concurrently with service upon the permittee. Should such action be initiated by the Public Health Officer, no final disposition shall be made in the matter by the Building Division or the Board of Building Appeals unless such disposition is approved in writing by the Public Health Officer. The Public Health Officer or his/her duly appointed representative may enter, during reasonable times, and in accordance with law, upon buildings, structures or premises in the Town to perform any duty imposed upon him/her by this chapter.

(Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

Within flood-prone urban areas as defined in Section 9-1-200, a building permit authorizing

Whenever a property owner requests a certificate from the Health Officer, certifying that the premises comply with all existing laws and regulations enforced by the Health Officer in respect to

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sewage disposal systems and water supply, a fee shall be charged as set by resolution of the Council. No charge shall be made for a check of premises at the request of the owner thereof where no certificate is required.

(Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

The Building Official may authorize the refunding of not more than eighty (80) percent of a permit fee when no work has been done under a permit issued in accordance with this Code. (Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

Notwithstanding the fees set forth in the codes adopted by this chapter, the Town Council shall by resolution set all fees to be collected. All building valuations shall be determined by the Building Official based upon the building valuation data published periodically by the International Code Council.

Where the value of the proposed work is not listed in the International Code Council publication, the valuation will be based upon the equivalent contract valuation or the cost of the inspection services, whichever is greater.

• b. Any person, firm or corporation or agency, or employee of any person, firm or corporation or agency who violates or knowingly permits violation of any regulatory provision of this chapter shall be guilty of a public offense subject to administrative enforcement as defined in Section 1-1-250. Each person, firm or corporation or agency or employee thereof shall be guilty of a separate offense for each day, or any portion thereof, during which any violation of this chapter is committed, continued, or permitted and shall be punished accordingly.

• c. Every violation of any regulatory provision of this chapter is declared to be a public nuisance, and the Building Official shall take such action as he/she may deem necessary to abate the same.

• (Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

Whenever any of the following names or terms are used herein or in any of the Codes adopted by reference by this chapter, unless the context directs otherwise, such names or terms so used shall have the meaning ascribed thereto by this section as follows:

(Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

The regulations and provisions contained in this chapter shall prevail over any inconsistent provision contained in primary or secondary codes adopted hereby; provided that in the case of inconsistent regulations, regulation shall prevail which is more stringent than the regulations established by the State of California.

(Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

• a. The Building Official and the Official's authorized agents and/or employees are authorized to issue citations for violation of any regulatory provision of this chapter.

Board of Appeals means the Town Council.

Building Official, Chief Building Official, Code Enforcement Administrator, Fire Code Official, Administrative Authority, and similar references to a chief administrative position means the Building Official of the Town of Windsor and is the designated authority 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 compliance with the intent and purpose of this Code.

City means the Town of Windsor.

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BUILDING AND HOUSING

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City Clerk means the Town Clerk and Ex Officio Clerk of the Town Council.

CHAPTER 2.

CALIFORNIA CODE OF REGULATIONS

City Council or Mayor means the Town Council or Mayor of the Town of Windsor. (Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

One (1) copy of the codes adopted by reference in this chapter has heretofore been filed with the Building Official and shall be maintained for use and examination by the Building Division. (Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

Article 1.

Adoption of the 2025 California Code of Regulations—Title 24