Novato Municipal Code Ch. IV Building and Housing

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

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

4-1.2 Findings.

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

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

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

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

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

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

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

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

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

4-1.3 Administrative Provisions.

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

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

SECTION 101 GENERAL

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

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

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

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

101.2.1 Reserved

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

101.4.1 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, unless otherwise limited, restricted, or prohibited in the California Existing Building Code or the California Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

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

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

SECTION 102 APPLICABILITY

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

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

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

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

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

All reference to codes published by the National Fire Protection Association, the International Code Council, the International Association of Plumbing and Mechanical Officials and other code publishing organizations listed within the referenced standards, shall be replaced by similar equivalent provisions, if available and published in the California Building Standards Code as adopted and amended by the City of Novato.

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

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

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

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

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

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

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

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

SECTION 103 DEFINITIONS

For the purpose of these administrative provisions, certain terms, phrases, words and their derivatives shall be construed as specified in this section or as otherwise defined in the applicable technical codes. Where terms are not defined, they shall have their ordinarily accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, shall be considered as providing ordinarily accepted meanings.

…ADDITION. See California Building Code Section 202.

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

…APPROVED. See California Building Code Section 202.

…ATTRACTIVE NUISANCE. See definition for "Nuisance."

…BUILDING. See California Building Code Section 202.

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

…BUILDING OFFICIAL. See California Building Code Section 202.

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

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

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

…JURISDICTION. See California Building Code Section 202.

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

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

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

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

…PERMIT. See California Building Code Section 202.

…PERMIT VALUATION, means the estimated total value of the work for which a permit is being issued, including labor, materials, overhead and profit as determined by the building official. Permit valuation shall include the total value of all work for building service equipment, such as electrical, gas, mechanical, plumbing, and other permanent systems, or portions thereof for which a permit is being issued. Permit valuation shall include the value of all new, replaced or altered casework, appliances, fixtures, finishes, equipment and other items and appurtenances attached to or serving a building, structure, or appendage, in kind, based on current estimated replacement costs. Permit valuation shall also include the value of displays, shelving or other elements or fixtures within or immediately adjacent to an accessible route as defined by the California Building Code. Cord and plug connected equipment not otherwise regulated by this code shall be excluded from the calculation of permit valuation.

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

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

…PUBLIC NUISANCE. See definition for "Nuisance."

…REPAIR. See California Building Code Section 202.

…STRUCTURE. See California Building Code Section 202.

…SUBSTANTIAL REMODEL. Substantial Remodel shall mean the repair and/or renovation of any structure, which combined with any additions to the structure, affects a floor area which is fifty percent of the existing floor area of the structure within any 36-month period. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists, and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for the purpose of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 104 BUILDING DEPARTMENT

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

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

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

SECTION 105 DUTIES AND POWERS OF THE BUILDING OFFICIAL

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

105.1.1 Listed Compliance. Where this code or a referenced standard requires equipment, materials, products or services to be listed and a listing standard is specified, the listing shall be based on the specified standard. Where a listing standard is not specified, the listing shall be based on an approved listing criteria. Listings shall be germane to the provision requiring the listing. Installation shall be in accordance with the listing and the manufacturer's instructions, and where required to verify compliance, the listing standard and manufacturer's instructions shall be made available to the building official

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. Quality.

2. Strength.

3. Effectiveness.

4. Durability.

5. Safety, other than fire safety.

6. Fire safety.

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

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

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

SECTION 106 PERMITS

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

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

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

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

Building:

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

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

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

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

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

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

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

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

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

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

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

12. Recovering of awnings on previously approved existing framework.

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

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

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

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

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

Electrical:

1. Listed cord-and-plug connected temporary decorative lighting.

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

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

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

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

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

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

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

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

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

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

Mechanical:

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

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

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

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

5. A plug-and-cord connected unit refrigeration system.

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

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

8. Portable plug-and-cord connected evaporative cooler.

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

Plumbing:

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

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

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

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

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

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

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

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

Such application shall:

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, assessor's parcel number, 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 herein.

5. State the estimated value of the proposed work.

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

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

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

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

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

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

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

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

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

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

106.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

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

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

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

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

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

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

SECTION 107 SUBMITTAL OF CONSTRUCTION DOCUMENTS

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

107.1.1. Building evaluation. The building official is authorized to require an existing building to be investigated and evaluated by a registered design professional and/or a California Certified Access Specialist (CASp) when determined necessary by the building official due to the nature of the proposed work. The design professional and/or California Certified Access Specialist (CASp) shall notify the building official if any actual or potential nonconformance with the provisions of this code is found.

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

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

1. Site Plan

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

3. Grading and Drainage Plan

4. Erosion Control and Storm Water Pollution Prevention Plan.

5. Foundation Plan.

6. Floor Framing Plans.

7. Floor Plans.

8. Electrical Plans.

9. Mechanical and Duct Layout Plans

10. Ceiling Framing Plan

11. Roof Plan

12. Truss Layout Plan and Truss Design Documentation

13. Roof and Floor Framing Plans

14. Full Building Cross-Sections

15. Foundation Details

16. Framing or Structural Details

17. Architectural Details

18. Exterior Elevations

19. Interior Elevations

20. Reflected Ceiling Plans

21. Plumbing Plan

22. Restaurant Kitchen and Equipment Plans

23. Landscaping & Irrigation Plan

24. Fire Protection System Plans and Shop Drawings

25. Accessibility Plans and Details

26. Means of Egress Plan

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 108 TEMPORARY STRUCTURES AND USES

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

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

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

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

SECTION 109 FEES

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

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

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

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

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

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

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

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

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

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

109.9 Building permit valuation. The applicant for a permit shall provide an estimated value of the work at time of application. The estimated value of work shall include the total value of all work including materials, equipment, labor, overhead, profit, general conditions and other costs associated with the work for which the permit is being issued. The building official shall establish the permit valuation based on published construction cost data as updated from time to time. If, in the opinion of the building official, the published valuation data are not readily available or are over or underestimated based on the actual work of the project, the building official may utilize any other reasonable or appropriate means of determining the building permit valuation, including, but not limited to, using the applicant's estimated value of work, obtaining a copy of the signed construction contract with detailed and complete cost estimates provided by the applicant, or utilizing construction cost estimating software, systems, or construction industry cost publications. Final permit valuation shall be determined and set by the building official consistent with the "permit valuation" definition in section 103.

SECTION 110 INSPECTIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

110.3.10.3 Contractor self-certification of work performed. In lieu of performing certain designated inspections and as a method of verifying compliance of a specific requirement of the technical codes, the building official may, at his/her sole discretion, accept a signed self-certification statement from a licensed contractor or other qualified individual certifying that the specific work or requirement has been properly installed or completed in accordance with the requirements of the technical codes.

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

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

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

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

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

SECTION 111 CERTIFICATE OF OCCUPANCY

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

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

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

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

1. The building permit number.

2. The address of the structure.

3. The occupancy or use of the structure

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

5. The date the certificate is issued.

6. Any special stipulations or limitations of the use or occupancy.

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

111.4 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. The applicant may request, and the building official may approve, up to three extensions for demonstrated cause for a period not exceeding 180 days each. The temporary certificate of occupancy shall automatically expire at the end of the time period unless extended by the building official. A fee for the issuance of a temporary certificate of occupancy, if applicable, shall be paid by the applicant prior to its issuance or extension in accordance with the City's adopted fee schedule. In addition, as security to guarantee the satisfactory completion of all required work, the building official may require the submittal to the building department of a refundable performance guarantee deposit in an amount equal to 115 percent of the estimated cost needed to complete the work, as determined by the building official. The performance guarantee deposit shall be refunded to the originator of the deposit following satisfactory completion of all required work and issuance of a final certificate of occupancy.

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

SECTION 112 SERVICE UTILITIES

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

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

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

SECTION 114 VIOLATIONS

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

114.2 Notice of violation. The building official or duly authorized representative, is authorized to serve a notice of violation and order to abate on the affected property owner and if known, person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition, maintenance, use or occupancy of a building or structure in violation of the provisions of this code, or in violation of an order or corrective work required by the building official, a correction notice or an approved plan, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. The order shall also state that failure to comply with the notice or order and cure the violation within the time period allowed in the notice of violation and order to abate may result in the building official recording the notice of violation and order to abate against the subject property. The order shall advise the affected property owner and if known, the person responsible for the violation, of their appeal rights pursuant to Novato Municipal Code Section 4-1.6.

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

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

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

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

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

114.7 Violation penalties. Any person, firm or corporation who violates a provision of this code or any other provision of Chapter 4-1 of the Novato Municipal Code, or fails to comply with any of the requirements thereof, or allows a violation to continue without taking reasonable means to cure or abate the same after having been ordered to do so, or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, is punishable as provided by Chapter 1-5 and/or Chapter 1-7 of the Novato Municipal Code. Each violation shall constitute a separate offense for each and every day such person, firm or corporation violates or allows a violation to continue without taking reasonable means to cure or abate the same after having been ordered to do so. A violation of this code or any other provision of Chapter 4-1 of the Novato Municipal Code shall be deemed a public nuisance and is subject to nuisance abatement proceedings as provided by Chapter 1-6 of the Novato Municipal Code.

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

SECTION 115 STOP WORK ORDER

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

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

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

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

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

SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT

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

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

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

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

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

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

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

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

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

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

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

"UNSAFE - DO NOT ENTER OR OCCUPY"

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

"RESTRICTED USE"

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

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

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

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

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

1. The name, address and telephone number of the City.

2. The address or location of the unsafe structure.

3. The name and address of the parties in interest.

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

5. A list of the specific defects and violations.

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

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

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

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

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

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

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

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

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

SECTION 117 EMERGENCY MEASURES

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

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

"UNSAFE - DO NOT ENTER OR OCCUPY"

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

"RESTRICTED USE"

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

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

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

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

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

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

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

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

117.8 Emergency notice. The emergency measures described herein may be implemented without any prior notice whatsoever when, in the opinion of the building official and the community development director or the city manager, an imminent danger to the occupants of a building, structure or property or the public exists and where immediate action is necessary to protect life, health, property or the safety of occupants or the public. Whenever emergency measures have been implemented on any private property for any unsafe structure or condition the building official shall provide notice to the parties in interest, the tenant(s) of the building and the city council, as early as the circumstances will permit within 30 days following said implementation.

SECTION 118 RECOVERY OF COSTS

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

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

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

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

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

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

SECTION 119 INTERFERENCE PROHIBITED

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

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

4-1.4.1 Reserved

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

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

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

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

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

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

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

1. Appendix Chapter G Flood Resistant Construction

2. Appendix Chapter H - Signs

3. Appendix Chapter I - Patio Covers.

4. Appendix Chapter J - Grading

5. Appendix Chapter Q -Emergency Housing Facilities

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

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

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

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

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

SUBSTANTIAL REMODEL. Substantial Remodel shall mean the repair and/or renovation of any structure, which combined with any additions to the structure, affects a floor area which is fifty percent of the existing floor area of the structure within any 36-month period. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists, and coverings (see Section 202[C]), roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for the purpose of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings.

B. Based upon the express findings of necessity #1 #2, #3 and #4 set forth in Section 4-1.2, Table R301.2 of Part 2.5 of the 2025 California Building Standards Code, known as the California Residential Code, as adopted by Section 4-1.4.2.5, is amended to clarify City of Novato design requirements to read as follows:

TABLE R301.2 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s.

a. Where weathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost line depth strength required for weathering shall govern. The weathering column shall be filled in with the weathering index, "negligible," "moderate" or "severe" for concrete as determined from Figure R301.2(1). The grade of masonry units shall be determined from ASTM C34, ASTM C55, ASTM C62, ASTM C73, ASTM C90, ASTM C129, ASTM C145, ASTM C216 or ASTM C652.

b. Where the frost line depth requires deeper footings than indicated in Figure R403.1(1), the frost line depth strength required for weathering shall govern. The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.

c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage.

d. The jurisdiction shall fill in this part of the table with the wind speed from the ultimate design wind speeds map [Figure R301.2(2). Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.

e. The jurisdiction shall fill in this section of the table to establish the design criteria using Table 10A from ACCA Manual J or established criteria determined by the jurisdiction.

f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.

g. The jurisdiction shall fill in this part of the table with: the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas); and the title and date of the currently effective Flood Insurance Study or other flood hazard study and maps adopted by the authority having jurisdiction, as amended.

h. In accordance with sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO."

i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value on the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)."

j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)."

k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table.

l. In accordance with Figure R301.2(2), where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with "YES" and identify any specific requirements. Otherwise, the jurisdiction shall indicate "NO" in this part of the table.

m. In accordance with Section R301.2.1.2 the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate "NO" in this part of the table.

n. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figures R301.2(3) and R301.2(4).

C. Based upon the express findings of necessity #1, and #4 set forth in Section 4-1.2, Part 2.5 of the 2025 Edition of the California Building Standards Code, known as the California Residential Code, as adopted by Section 4-1.4.2.5, is further amended as follows:

1. The text of Section R302.3 is amended to add an Exception to read as follows:

Exception: Wall and floor assemblies separating a dwelling unit from a Junior Accessory Dwelling Unit, as defined in CA Government Code section 66313(d).

2. The text of Section R309.1 Exception: shall be deleted and replaced to read as follows:

Exception: An automatic residential fire sprinkler system shall be installed in all townhouses where repairs, alterations and/or additions to the existing structure qualifies as a Substantial Remodel as defined in this code. Any addition to a building with an existing fire sprinkler system shall have that system extended to the new portion(s) of the building irrespective of the size of the addition

3. The text of Section R309.2 Exception 1 shall be deleted and replaced to read as follows:

Exception 1: An automatic residential fire sprinkler system shall be installed in all existing one- and two-family dwellings where repairs, alterations and/or additions to the existing structure qualifies as a Substantial Remodel as defined in this code. Any addition to a building with an existing fire sprinkler system shall have that system extended to the new portion(s) of the building irrespective of the size of the addition.

4. All references in sections R902.1, R902.1.3 to Class B and C roof covering are replaced with a minimum of Class A roof covering.

D. Based upon the express findings of necessity #1 set forth in Section 4-1.2, Part 2.5 of the 2025 Edition of the California Building Standards Code, known as the California Residential Code, as adopted by Section 4-1.4.2.5, is further amended as follows:

1. Adopt by reference and add Appendix Chapter BF (Patio Covers).

2. Adopt by reference and add Appendix Chapter BB(Tiny Houses)

3. Adopt by reference and add Appendix Chapter BJ (Strawbale Construction)

4. Adopt by reference and add Appendix Chapter CI (Swimming Pool Safety Act - Required by CA H&SC 115920-115929).

5. Adopt by reference and add Appendix Chapter CJ (Emergency Housing)

4-1.4.3 2025 California Electrical Code Amendment. Part 3 of Title 24 of the California Code of Regulations, also referred to as the 2025 Edition of the California Electric Code (which incorporates by adoption a California version of the 2024 Edition of the National Electric Code of the National Fire Protection Association).

A. Based upon the express findings of necessity #1, #2, #3, and #4 set forth in Section 4-1.2, Part 4 of the 2025 California Building Standards Code, known as the California Electrical Code, as adopted by Section 4-1.4.3, is amended as follows:

Adopt by reference and add all 2025 California Electrical Code appendices except Appendix H Administration and Enforcement.

4-1.4.4 2025 California Mechanical Code Amendment.Part 4 of Title 24 of the California Code of Regulations, also referred to as the 2025 Edition of the California Mechanical Code (which incorporates by adoption a California version of the 2024 Edition of the Uniform Mechanical Code published by the International Association of Plumbing and Mechanical Officials).

A. Based upon the express findings of necessity #1, #2, #3 and #4 set forth in Section 4-1.2, the administrative regulations of Chapter 1 Division II of Part 4 of the 2025 California Building Standards Code, known as the California Mechanical Code, as adopted by Section 4-1.4.4, is amended as follows:

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

B. Based upon the express findings of necessity #1, #2, #3, #4 set forth in Section 4-1.2, Part 4 of the 2025 California Building Standards Code, known as the California Mechanical Code, as adopted by Section 4-1.4.4, is amended as follows:

1. Adopt by reference and add all 2025 California Mechanical Code appendices.

4-1.4.5 2025 California Plumbing Code Amendment. Part 5 of Title 24 of the California Code of Regulations, also referred to as the 2025 Edition of the California Plumbing Code (which incorporates by adoption a California version of the 2024 Edition of the Uniform Mechanical Code published by the International Association of Plumbing and Mechanical Officials) with the following amendment:

A. Based upon the express findings of necessity #1, #2, #3 and #4 set forth in Section 4-1.2., the administrative regulations of Chapter 1, Division II of Part 5 of the 2025 California Building Standards Code, known as the California Plumbing Code, as adopted by Section 4-1.4.5, is amended as follows:

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

B. Based upon the express findings of necessity #3 set forth in Section 4-1.2, Part 5 of the 2025 California Building Standards Code, known as the California Plumbing Code, as adopted by Section 4-1.4.5, is amended as follows:

1. Amend Section 713.4 to read as follows:

713.4 Public Sewer Availability. The public sewer may be considered to not be available for a proposed building or exterior drainage facility where such public sewer or a building or an exterior drainage facility connected thereto is located more than 300 feet from a proposed building or exterior drainage facility on a lot or premises that abuts and is served by such public sewer.

C. Based upon the express findings of necessity #1, #2, #3 and #4 set forth in Section 4-1.2, Part 5 of the 2025 California Building Standards Code, known as the California Plumbing Code, as adopted by Section 4-1.4.5, is amended as follows:

1. Adopt by reference and add all 2025 California Plumbing Code appendices.

4-1.4.6 2025 California Energy Code. Part 6 of Title 24 of the California Code of Regulations, also referred to as the 2025 Edition of the California Energy Code published by the International Code Council.

4-1.4.7 2025 California Wildland-Urban Interface Code Amendment. Part 7 of Title 24 of the California Code of Regulations, also referred to as the 2025 Edition of the California Wildland-Urban Interface Code published by the International Code Council.

A. Based upon the express findings of necessity #1, # 2, #3 and #4 set forth in Section 4-1.2, the administrative regulations of Chapter 1, Division II of Part 2 of the 2022 California Building Standards Code, known as the California Wildland-Urban Interface Code, as adopted by Section 4-1.4.7, are amended as follows:

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

B. Based upon the express findings of necessity #1, and #4 set forth in Section 4-1.2, the administrative regulations of Chapter 1, Division II of Part 7 of the 2025 California Building Standards Code, known as the California Wildland-Urban Interface Code, as adopted by Section 4-1.4.7, are amended as follows:

1. The text of Section 501.1 of the 2025 Wildland-Urban Interface Code is hereby amended to read as follows:

501.1 Scope. New and substantially remodeled buildings and structures located in any Fire Hazard Severity Zone or Wildland-Urban Interface (WUI) Fire Area designated by the enforcing agency shall be constructed in accordance with the California Building Code and this code. This chapter applies to building materials, system and/or assemblies used in the exterior design and construction of new buildings, substantial remodels, additions, modifications, and/or relocation within a Fire Hazard Severity Zone or Wildland Urban Interface (WUI) Fire Area as defined in Section 202.

Exceptions:

1. Group U accessory structures not exceeding 120 square feet (11m2) in floor area where located not less than 50 feet (15 240 mm) from applicable buildings.

2. Group U agricultural buildings not less than 50 feet (15 240 mm) from applicable buildings.

3. Section 501.5 of the 2025 Wildland-Urban Interface Code is hereby added to read as follows:

Section 501.5 Definitions.

MODIFIED. Any replacement either same in size or different in size or an addition of any building component.

3. The text of Section 503.1 of the 2025 Wildland-Urban Interface Code is hereby amended to read as follows:

Section 503.1 General.

Buildings and structures hereafter constructed, modified or relocated into or within any Fire Hazard Severity Zone or Wildland-Urban Interface (WUI) Fire Area shall meet the construction requirements in accordance with Chapter 5. Materials required to be ignition-resistant building materials shall comply with the requirements of Section 503.2.

Exceptions:

1. New accessory buildings and miscellaneous structures complying with Section 504.11.

2. Group C occupancy special buildings conforming to the limitations specified in Section 450.4.1 of the California Building Code.

3. The text of Section 503.2.2 of the 2025 Wildland-Urban Interface Code is hereby amended to read as follows:

Section 503.2.2 Fire-retardant-treated wood. Fire-retardant-treated wood is prohibited for use in exterior siding, decking, or roofing.

Exception:

1. For any building or structure listed or determined eligible for the following registries: California Points of Historical Interest, California State Historical Landmarks, California Register of Historical Resources, and the National Register of Historic Places.

2. The text of section 503.2.3 of the 2025 Wildland-Urban Interface Code is hereby amended to read as follows:

Section 503.2.3 Fire-retardant-treated wood roof coverings. Fire-retardant-treated wood shingles and shakes are prohibited in roof assemblies.

Exception:

1. For any building or structure listed or determined eligible for the following registries: California Points of Historical Interest, California State Historical Landmarks, California Register of Historical Resources, and the National Register of Historic Places.

2. Section 503.3.1 of the 2025 Wildland-Urban Interface Code is hereby amended to read as follows:

Section 503.3.1 Qualification by Testing.

Material and material assemblies tested in accordance with the requirements of Section 503 shall be accepted for use when the results and conditions of those tests are met. Product evaluation testing of material and material assemblies shall be approved or listed by the State Fire Marshal or identified in a current report issued by an agency approved by the building official and/or the fire official.

7. Section 503.3.4 of the 2025 Wildland-Urban Interface Code is hereby deleted:

8. The text of Section 504.3 of the 2025 Wildland-Urban Interface Code is hereby amended to read as follows:

Section 504.3 Protection of enclosed eaves.

The exposed underside of enclosed roof eaves and soffits shall be protected on the exposed underside by one or more of the following:

1. Noncombustible materials.

2. Ignition-resistant building materials.

3. Materials approved for not less than 1-hour fire-resistance-rated construction on the exterior side, as tested in accordance with ASTM E119 or UL 263.

4. 2-inch (51 mm) nominal dimension lumber.

5. Boxed-in roof eave soffit assemblies with an underside that meets the performance criteria in Section 504.7.2 when tested in accordance with the test procedures set forth in ASTM E2957.

6. Boxed-in roof eave soffit assemblies with an underside that meets the performance criteria in accordance with the test producers set forth in SFM Standard 12-7A-3.

Facias are required and shall be ignition-resistant building materials, , materials approved for not less than 1-hour fire-resistance-rated construction or 2-inch (51 mm) nominal dimension lumber.

9. The text of Section 504.3.1 of the 2025 Wildland-Urban Interface Code is hereby amended to read as follows:

Section 504.3.1 Protection of open eaves. The exposed roof deck on the underside of unenclosed roof eaves shall consist of one or more of the following:

1. Noncombustible material.

2. Ignition-resistant building material.

3. Materials approved for not less than 1-hour fire-resistance-rated construction on the exterior side, as tested in accordance with ASTM E119 or UL 263.

4. 2-inch (51 mm) nominal dimension lumber.

5. One layer of 5/8-inch (16 mm) Type X gypsum sheathing applied behind an exterior covering on the underside of the roof deck.

6. The exterior portion of a 1-hour fire-resistance-rated exterior assembly, as tested in accordance with ASTM E119 or UL 263, applied to the underside of the roof deck designed for exterior fire exposure, including assemblies using the gypsum panel and sheathing products listed in the Gypsum Association Fire Resistance Design Manual.

Facias, if provided, shall be for exterior use , ignition-resistance building materials, materials approved for not less than 1-hour fire-resistance-rated construction or 2-inch (51 mm) nominal dimension lumber.

10. The text of Section 504.5 of the 2025 Wildland-Urban Interface Code is hereby amended to read as follows:

Section 504.5 Exterior walls.

Exterior walls of buildings or structures shall be constructed with one or more of the following methods, unless they are covered with an exterior wall covering complying with Sections 504.5.2 and 504.5.2.1:

1. 1-hour fire-resistance-rated construction on the exterior side.

2. Noncombustible materials.

3. Heavy timber. Assembly of sawn lumber or glue-laminated wood with the smallest minimum nominal dimension of 4 inches (102 mm). Sawn or glue-laminated planks splined, tongue-and-groove or set close together and well spiked.

4. Log wall construction.

5. Wall assemblies that have been tested in accordance with the test procedures for a 10-minute direct flame contact exposure test set forth in ASTM E2707 with the conditions of acceptance shown in Section 504.9.3.

6. Wall assemblies that meet the performance criteria in accordance with the test procedures for a 10-minute direct flame contact exposure test set forth in SFM Standard 12-7A-1.

7. Wall assemblies suitable for exterior fire exposure containing one layer of 5/8-inch (15.9 mm) Type X gypsum sheathing applied behind the exterior wall covering or cladding on the exterior side of the framing.

8. Wall assemblies suitable for exterior fire exposure with a 1-hour fire-resistance rating, rated from the exterior side, as tested in accordance with ASTM E119 or UL 263.

9. The text of Section 504.5.2 of the 2025 Wildland-Urban Interface Code is hereby amended to read as follows:

Section 504.5.2 Exterior wall coverings. Exterior wall coverings shall comply with one or more of the following requirements:

1. Noncombustible material.

2. Ignition-resistance building material labeled for exterior use.

Exception: Exterior wall coverings which are a component of an approved wall assembly complying with Section 504.5.

12. The text of Section 504.6 of the 2025 Wildland-Urban Interface Code is hereby amended to read as follows:

Section 504.6 Underfloor enclosure.

Buildings or structures shall have underfloor areas enclosed to the ground with exterior walls in accordance with Section 504.5.

Exception: Complete enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire-resistance-rated construction or heavy timber construction

13. The text of Section 504.7 of the 2025 Wildland-Urban Interface Code is hereby amended to read as follows:

Section 504.7 Projections.

Unenclosed accessory structures attached to buildings with habitable spaces and projections, other than decks, shall be heavy timber construction or construction of one of the following:

1. Noncombustible materials.

2. Ignition-resistant building materials in accordance with Section 503.2.

3. Materials approved for not less than 1-hour fire-resistance-rated construction on the exterior side, as tested in accordance with ASTM E119 or UL 263.

4. One layer of 5/8-inch (15.9 mm) Type X gypsum sheathing applied behind the exterior covering on the underside of the ceiling.

5. The exterior portion of a 1-hour fire-resistance-rated exterior assembly, as tested in accordance with ASTM E119 or UL 263, applied to the underside of the ceiling assembly, including assemblies using the gypsum panel and sheathing products listed in the Gypsum Association Fire Resistance Design Manual.

6. The underside of a floor projection assembly that meets the performance criteria in Section 504.7.2 when tested in accordance with the test procedures set forth in ASTM E2957.

7. The underside of a floor projection assembly that meets the performance criteria in accordance with the test procedures set forth in SFM Standard 12-7A-3.

8. The text of Section 504.7.1 of the 2025 Wildland-Urban Interface Code is hereby amended to read as follows:

Section 504.7.1 Underside of projections.

The underside of projections shall be enclosed to grade in accordance with the requirements of this chapter or the underside of the exposed underfloor shall be protected by one or more of the following:

1. Noncombustible material.

2. Ignition-resistant building material shall be labeled for exterior use and shall meet the requirements of Section 503.2.

3. Materials approved for not less than 1-hour fire-resistance-rated construction on the exterior side, as treated in accordance with ASTM E119 or UL 263.

4. One layer of 5/8-inch (15.9 mm) Type X gypsum sheathing applied behind an exterior covering on the underside of the floor projection.

5. The exterior portion of a 1-hour fire-resistance-rated exterior assembly, as tested in accordance with ASTM E119 or UL 263, applied to the underside of the floor, including assemblies using the gypsum panel and sheathing products listed in the Gypsum Association Fire Resistance Design Manual.

6. The underside of a floor assembly that meets the performance criteria in Section 504.7.2 when tested in accordance with the test procedures set forth in ASTM E2957.

7. The underside of a floor assembly that meets the performance criteria in accordance with the test procedures set forth in SFM Standard 12-7A-3.

Exception: Structural columns and beams are not required to be protected in accordance with Section 504.7.1 when constructed with sawn lumber or glue-laminated wood with the smallest minimum nominal dimension of 4 inches (102 mm). Sawn or glue-laminated planks shall be splined, tongue-and-groove, or set close together and well spiked.

15. The text of Section 504.7.3.2 of the 2025 Wildland-Urban Interface Code is hereby amended to read as follows:

Section 504.7.3.2 Decking surfaces.

The walking surface material of decks, porches, balconies and stairs shall be constructed with any of the following materials:

1. Material that complies with the performance requirements of Section 504.7.3.3 when tested in accordance with ASTM E2632 and ASTM E2726.

2. Ignition-resistance building material that complies with the performance requirements of Section 503.2.4.

3. Material that complies with the performance requirements of both SFM Standard 12-7A-4 and Section 503.2.4.

4. Noncombustible material.

5. Any material that complies with the performance requirements of SFM Standard 12-7A-4A and any attached exterior wall covering that is noncombustible or ignition-resistant building materials.

Exception: Wall material shall be permitted to be of any material that otherwise complies with this chapter when the decking surface material complies with the performance requirements of ASTM E84 or UL 723 with a Class B flame spread index.

6. Any material that complies with the performance requirements of Section 504.7.3.4 when tested in accordance with ASTM E2632 and any attached exterior wall covering that is noncombustible or ignition-resistant building materials.

Exception: Wall material shall be permitted to be of any material that otherwise complies with this chapter when the decking surface material complies with the performance requirements of ASTM E84 or UL 723 with a Class B flame spread index.

16. The text of Section 504.7.3.5 of the 2025 Wildland-Urban Interface Code is hereby added to read as follows:

Section 504.7.3.5 Deck Repairs.

Repairs to decks that require replacement or removal of less than 50% of the existing square footage of deck surfaces do not have to meet the requirements of Section 504.7.3.2.

Repairs to decks that require replacement or removal of more than 50% of the existing square footage of deck surfaces shall have deck surface materials that meet the requirements of Section 504.7.3.2.

Repairs to decks that require replacement or removal of less than 50% of the supporting structure of deck surfaces do not have to meet the requirements of Section 504.7.3.2.

Repairs to decks that require replacement or removal of more than 50% of the supporting structure of deck surfaces, shall have deck surface and supporting structure materials that meet the requirements of Section 504.7.3.2.

17. The text of Section 504.8 of the 2025 Wildland-Urban Interface Code is hereby amended to read as follows:

Section 504.8 Exterior glazing.

New, including replacement, or modified: Exterior windows, window walls and glazed doors, windows within exterior doors, and skylights shall be constructed of any of the following:

1. Multilayered glazed panels with at least one pane of tempered glass complying with Section 2406 of the California Building Code.

2. Glass block.

3. Glazing with a fire-protection rating of not less than 20 minutes when tested according to NFPA 257 or UL 9 and shall be exempt from the hose stream test.

4. Glazing meeting the performance requirements of SFM Standard 12-7A-2.

5. The text of Section 504.9 of the 2025 Wildland-Urban Interface Code is hereby amended to read as follows:

Section 504.9 Exterior doors. New or modified: Exterior doors shall be constructed in accordance with any of the following:

1. Noncombustible construction.

2. Solid-core wood not less than 1-3/4 inches thick (44 mm).

3. The exterior door shall be constructed of solid core wood that complies with the following requirements:

3.1.

Stiles and rails shall not be less than 1-3/8 inches (35 mm) thick.

3.2.

Raised panels shall not be less than 1-1/4 inches (32 mm) thick, except for the exterior perimeter of the raised panel that shall be permitted to taper to a tongue not less than 3/8 inch (10 mm) thick.

4. Have a fire protection rating of not less than 20 minutes when tested according to NFPA 252, UL 10B or UL 10C.

5. The exterior surface or cladding meeting the performance requirements of Section 504.9.3 when tested in accordance with ASTM E2707.

6. The exterior surface or cladding shall be tested to meet the performance requirements of SFM Standard 12-7A-1.

Windows within doors and glazed doors shall be in accordance with Section 504.8.

19. Section 508 of the 2025 Wildland-Urban Interface Code is hereby added to read as follows:

Section 508 - Replacement or Repair of Exterior Wall Coverings

Section 508.A General.

The exterior wall covering on buildings or structures in existence prior to the adoption of this code, when more than fifty percent (50%) of exterior wall covering on one face or elevation of a structure is repaired or replaced within a twelve (12) month period, the entire face or elevation of exterior wall covering shall comply with Section 504.5.2 of this code.

4-1.4.8 2025 California Historical Building Code. Part 8 of Title 24 of the California Code of Regulations, also referred to as the 2025 Edition of the California Historical Building Code published by the International Code Council.

4-1.4.9 2025 California Fire Code Amendment. Part 9 of Title 24 of the California Code of Regulations, also referred to as the 2025 Edition of the California Fire Code (which incorporates by adoption a California version of the 2024 International Fire Code published by the International Code Council) as amended from time to time by Novato Fire Protection provided that the City Council ratifies said ordinance after its adoption.

A. Based upon the express findings of necessity #1, #2, #3 and #4 set forth in Section 4-1.2, the administrative regulations of Chapter 1, Division II of Part 9 of the 2025 California Building Standards Code, known as the California Fire Code, as adopted by Section 4-1.4.9, are amended as follows:

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

4-1.4.10 2025 California Existing Building Code Amendment. Part 10 of Title 24 of the California Code of Regulations, also referred to as the 2025 Edition of the California Existing Building Code (which incorporates by adoption a California version of the 2024 International Existing Building Code published by the International Code Council.

A. Based upon the express findings of necessity #1, #2, #3 and #4 set forth in Section 4-1.2, the administrative regulations of Chapter 1, Division II of Part 10 of the 2025 California Building Standards Code, known as the California Existing Building Code, as adopted by Section 4-1.4.10, are amended as follows:

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

B. Based upon the express finding of necessity #1, #2, #3, and #4 set forth in Section 4-1.2, Part 10 of the 2025 California Building Standards Code, known as the California Existing Building Code, as adopted by Section 4-1.4.10, is amended as follows:

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

1. Appendix Chapter A - Guidelines for the Seismic Retrofit of Existing Buildings

2. Appendix Chapter B - Supplemental Accessibility Requirements for Existing Buildings and Facilities

3. Appendix Chapter C - Guidelines for the Wind Retrofit of Existing Buildings.

4. Appendix Chapter E - Temporary Emergency Uses

4-1.4.11 2025 California Green Building Standards Code Amendment. Part 11 of Title 24 of the California Code of Regulations, also referred to as the 2025 Edition of the California Green Building Standards Code.

A. Based upon the express finding of necessity #1 and #4 set forth in Section 4-1.2, Part 11 of the 2025 California Building Standards Code, known as the California Green Building Standards Code, as adopted by Section 4-1.4.11, is amended as follows:

Amend Subsection 301.1 [subsection 301.1.1 remains unchanged] to require a Tier 1 level of compliance (except Tier 1 energy) to read as follows:

301.1 Scope. Buildings shall be designed to include the green building measures specified as mandatory in Chapters 4 and 5 of this code, as applicable. Newly constructed buildings shall also be designed and constructed to include the prerequisite and applicable elective measures to achieve Tier 1 status as prescribed in Appendix A4 and A5 of this code, as applicable, except that the energy efficiency measures set forth in Appendix A4 Division A4.2 and Appendix A5 and Division A5.2 shall not be required. Additions and alterations shall meet the requirements of Section 301 but shall not be required to meet Tier 1 status as prescribed in Appendix A4 or A5 of this code, as otherwise applicable. The building official shall develop CALGreen application checklists to be included in the design and used for construction of structures covered by this code. All buildings subject to the requirements of this code shall meet all applicable requirements of the California Energy Code (California Code of Regulations, Title 24, Part 6).

Adopt by reference and add Appendix Chapter A4 (Residential Voluntary Measures) and Appendix Chapter A5 (Nonresidential Voluntary Measures) of the 2025 California Green Building Standards Code appendices.

For new residential construction only, adopt as mandatory measures the following divisions of Appendix A4 only:

1. Division A4.1 (Planning and Design);

2. Division A4.2 (Energy Efficiency);

3. Division A4.3 (Water Efficiency and Conservation);

4. Division A4.4 (Material Conservation and Resource Efficiency);

5. Division A4.5 (Environmental Quality); and

6. Division A4.6 (Voluntary Tiers) including Tier 1 measures only.

For new nonresidential construction only, adopt following divisions of Appendix A5:

1. Division A5.1 (Planning & Design);

2. Division A5.3 (Water Efficiency & Conservation);

3. Division A5.4 (Material Conservation and Resource Efficiency);

4. Division A5.5 (Environmental Quality); and

5. Division A5.6 (Voluntary Tiers) including Tier 1 measures only.

Amend the title and explanatory note of Appendix A4 to read as follows:

Appendix A4 Supplementary Residential Mandatory and Elective Measures

The measures contained herein that are necessary to achieve Tier 1 status shall be mandatory pursuant Section 301.1 of this code.

Amend Appendix Section A4.201.1 to read as follows:

A4.201.1 Scope. For the purposes of meeting mandatory Tier 1 status pursuant to Section 301.1 of this code, compliance with the provisions contained in this Appendix A4 Division A4.2 (Energy Efficiency) shall not be required. The provisions contained in this Appendix A4 Division A4.2 are entirely voluntary and are intended only as a means to encourage buildings to achieve exemplary performance in the area of energy efficiency.

Amend Item 2 in Appendix Section A4.601.4.2 to read as follows:

2. From Division A4.2, Energy Efficiency.

2.1.

No requirements for this division.

Amend the note in the last paragraph of Appendix Section A4.601.4.2 to read as follows:

Note: Checklists authorized by the building official shall be used to show the mandatory and Tier 1 elective measures that will be incorporated into the project to show compliance with the provisions of Appendix A4.

Delete Appendix Section A4.602 (Residential Occupancies Application Checklist) in its entirety.

Delete Appendix Division A4.7 (Residential Model Ordinance) in its entirety.

Amend the title and explanatory note of Appendix A5 to read as follows:

Appendix A5 Supplementary Nonresidential Mandatory and Elective Measures

The measures contained herein that are necessary to achieve Tier 1 status shall be mandatory pursuant Section 301.1 of this code.

Amend Appendix Section A5.201.1 to read as follows:

A5.201.1 Scope. For the purposes of meeting mandatory Tier 1 status pursuant to Section 301.1 of this code, compliance with the provisions contained in this Appendix A5 Division A5.2 shall not be required. The provisions contained in this Appendix A5 Division A5.2 are entirely voluntary and are intended only as a means to encourage buildings to achieve exemplary performance in the area of energy efficiency.

Amend the first paragraph in Appendix Section A5.601.2.3 to read as follows:

A5.601.2.3 Tier 1. For the purposes of meeting mandatory Tier 1 status pursuant to Section 301.1 of this code, compliance with the provisions contained in Section A5.201 shall not be required. The provisions of Section A5.201 are entirely voluntary and are intended only as a means to encourage buildings to achieve exemplary performance in the area of energy efficiency.

Amend the first paragraph in Appendix Section A5.601.2.4 to read as follows:

A5.601.2.4 Measures for Tier 1. In addition to the provisions of Section A5.601.2.1 above, compliance with the following measures from Appendix A5 is required for Tier 1.

In Table A5.601 (Nonresidential Buildings), delete the row, references, and requirements for Division 5.2 (Energy Efficiency) in its entirety.

Delete Appendix Section A5.602 (Nonresidential Occupancies Application Checklists) in its entirety and replace to read as follows:

A5.602 Nonresidential Occupancies Application Checklists. Checklists authorized by the building official shall be used to show the mandatory and Tier 1 elective measures that will be incorporated into the project to show compliance with the provisions of Appendix A5.

4-1.4.12 2025 California Referenced Standards Code. Part 12 of Title 24 of the California Code of Regulations, also referred to as the 2025 Edition of the California Referenced Standards Code published by the International Code Council.

4-1.4.13 2024 International Property Maintenance Code. The 2024 International Property Maintenance Code published by the International Code Council.

4-1.4-14 2024 International Swimming Pool and Spa Code. The 2024 International Swimming Pool and Spa Code published by the International Code Council

4-1.5 Reserved.

4-1.6 Housing and Building Codes Appeals Board.

a. In order to determine the suitability of alternate materials and methods of construction, and to provide for reasonable interpretation of the provisions of this code, and to provide recommendations to the city council relative to energy conservation and solar application, there shall be and is hereby created, a Housing and Building Code Appeals Board, consisting of five members and two alternate members who are qualified by experience and training to pass upon matters pertaining to building construction. The building official shall be an ex officio member and shall act as secretary of the board. The board shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant and may recommend to the City Council new legislation as is consistent therewith.

b. Procedure for Appeals. The board shall as soon as practical, hear all appeals in writing from decisions of the building official concerning use of all alternate materials or methods of construction, or interpretation of the codes. It may affirm, overrule, or modify rulings of the building official, and its decision shall be final unless appealed in writing to the city council within 10 days. Unless at least one member of the commission is qualified by experience and training to rule on a particular question presented to it, the commission shall not decide the question until it has consulted with and been advised by a disinterested individual who is qualified.

4-1.7 Penalty for Violation. Any person, firm or corporation, whether as principal, agent or employee or otherwise, violating any of the provisions of this chapter, shall be guilty of an infraction, and upon conviction, shall be liable for the penalties stated in Chapter I, section 1-5 of the Novato Municipal Code. Furthermore, any such violation shall be deemed to be a public nuisance, pursuant to section 1-6 of the Novato Municipal Code.

4-1.8 Compliance with Law. The building official shall issue no certificate of occupancy unless the person doing the work authorized by the permit has complied with all other applicable regulations of the city (including without limitation, Chapter V, Development Standards, Chapter IX, Land Subdivision, and Chapter XIX, Zoning) and of other governmental agencies (including without limitation, North Marin County Water District, Novato Sanitary District, Novato Fire Protection District and Health Services Department of Marin County).

4-1.9 Enforcement. The following designated employee positions may enforce the provisions of this chapter by the arrest or by the issuance of citations. Persons employed in such positions and authorized to exercise the authority provided in Penal Code Section 836.5 are authorized to issue citations with the approval of the community development director for any violations of the provisions of this chapter. The designated employee positions are:

a. Community Development Director

b. Chief Building Official, or

c. The designee of the Community Development Director.

It shall be the duty of the chief of police to render any and all necessary assistance to the community development director for the enforcement of this chapter and all provisions of the same.

Add Section 4.5 Gate Safety

4.5 Gate Safety

4.5.1 Purpose. The purpose of this chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from gates detaching from supporting hardware or gates not being well maintained and inspected. The city finds it necessary to require gates to be inspected periodically by a professional and record keeping ensuring the basic life safety of its residents

4.5.2 Definitions. For the purposes of this chapter, the following definitions shall apply:

1. "Building Official" means the building official, an authorized deputy, designated building inspector or other designated employee of the city charged with enforcement and administration of this chapter.

2. "Owner" means any person, co-partnership, association, corporation or fiduciary, or their authorized agent(s) having legal or equitable title or any interest in any real property.

3. "Professional" means any licensed fence installer, ICC certified building inspector, licensed architect, or licensed engineer responsible for inspecting and providing a written certification.

4. "Written certification" means a document attesting the gate meets all the requirements of the referenced standards, the gate has been maintained and in good working order. In addition, the document shall clearly include the following:

a. Inspection date.

b. Site address.

c. Name of the property owner.

d. Contact information of inspector.

e. Signed and/or stamped.

4.5.3 Scope. The provisions of this chapter shall apply to all vehicular gates and any gate more than 48 inches (1219 mm) in width or more than 84 inches (2134 mm) in height.

4.5.4 General requirements. Gates shall meet the requirements of ASTM F1184. Gates with operators or similar systems shall also meet the requirements of UL 325 and ASTM F2200.

4.5.5 Duty of owner or agent. Property owner and their agent shall keep gates well maintained and have gates inspected by a professional once every five years. Property owners and agents must keep the written certifications and make available to code officials upon request. Any gate repair work undertaken must result in a safe outcome.

4.5.6 Time Limits for Compliance. The property owner shall bring all gates existing as of the effective date of this ordinance into compliance with the provisions of this chapter, and obtain a written certification for each gate, by January 1, 2028, and at least once every five (5) years thereafter. The property owner of a new gate installed after the effective date of this ordinance shall immediately comply with the provisions of this chapter and obtain a written certification upon installation of the gate and at least once every five (5) years thereafter.

4.5.7 Violations Penalties. Any property owner or their agent that fails to comply with the provision of this chapter or a directive of the building official shall be subject to the penalties as prescribe by law.

4.5.8 Gates.

4.5.8.1 General. Automatic vehicular gates shall comply with the requirements of 2025 California Building Code Sections 3110.2 and 3110.3 and other applicable sections of this code. All other gates shall comply with Section 4.5.8.4 and other applicable sections of this code section.

4.5.8.2 Vehicular Gates Intended for Automation. Vehicular gates intended for automation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.

4.5.8.3 Vehicular Gate Openers. Vehicular gate openers, where provided, shall be listed in accordance with UL 325.

4.5.8.4 All Other Gates. Any gate more than 48 inches (1219 mm) in width or more than 88 inches (2134 mm) in height shall meet the requirements of ASTM F1184; shall be installed per manufacturer's recommendations and shall be designed, constructed, and installed to meet the following:

1. Gates shall not fall over more than 45 degrees from a vertical plane when the gate is detached from supporting hardware.

2. Gates shall be balanced and not move under their own weight.

3. Rolling wheels shall be covered.

4. Gates shall have positive stops

(Ord. No. 1729, § 1, 11-18-2025)

Footnotes:

--- (1) ---

Editor's note— Ord. No. 1694, § 1, adopted December 6, 2022, repealed the former subsections 4-1.1—4-1.11, and enacted new subsections 4-1.1—4-1.11 as set out herein. The former subsections 4-1.1—4-1.11 pertained to similar subject matter and derived from Ord. No. 923, § 1; Ord. No. 1057, § 1; Ord. No. 1127, §§ 1—6; Ord. No. 1219; Ord. No. 1226, § 1; Ord. No. 1327, § 1; Ord. No. 1328, § 1; Ord. No. 1345, § 1; Ord. No. 1346, § 1; Ord. No. 1410, §§ 1, 2; Ord. No. 1464, § 1; Ord. No. 1465, §§ 1, 2; Ord. No. 1522, § 1; Ord. No. 1529, §§ 1, 2; Ord. No. 1556, §§ 1, 2, adopted January 11, 2011; Ord. No. 1586, §§ 1, 2, adopted December 3, 2013; Ord. No. 1612, §§ 1, 2; adopted November 29, 2016; Ord. No. 1658, § 1, adopted December 17, 2019. Subsequently, Ord. No. 1729, § 1, adopted November 18, 2025, repealed the former § 4-1, and enacted a new § 4-1 as set out herein. The former § 4-1 pertained to Building Code; Mechanical Code; Plumbing Code; Electrical Code; Housing Code; Swimming Pool Code; Solar Code and derived from Ord. No. 1694, § 1, adopted December 6, 2022; Ord. No. 1700, § 1, adopted April 11, 2023.

4-2.1 Purpose. The purpose of this section is to provide specifications that will promote building security and safeguard property, help prevent financial loss by affording resistance to unlawful entry into buildings, and establish crime prevention through building security, pursuant to Section 14051 of the California Penal Code.

(Ord. No. 923, § 1)

4-2.2 Exceptions. Nothing in these regulations shall supersede any local, State, or Federal laws, regulations or codes relating to life safety.

(Ord. No. 923, § 1)

4-2.3 Definitions.

a. Bolt shall mean a metal bar which, when activated, is projected either horizontally or vertically into a retaining member, such as a strike plate, to prevent a door from moving or opening.

b. Building, commercial, shall mean a building used by any person for the purpose of conducting, managing, or carrying on a business, including storage of merchandise.

c. Cylinder shall mean a symmetrical subassembly of a lock containing the cylinder core, tumbler mechanism, and a key-way.

d. Cylinder guard shall mean a hardened ring surrounding the exposed portion of the lock cylinder or other device which is so fastened as to protect the cylinder from wrenching, prying, cutting, or pulling by attack tools.

e. Dead bolt shall mean a bolt which has no automatic spring action and operates by a key cylinder, thumb turn, or lever.

f. Dead latch shall mean a latch in which the latch bolt is positively held in a projected position by a guard bolt, plunger, or auxiliary mechanism.

g. Flush bolt shall mean a dead lock normally used on inactive doors that is attached to the top and bottom and/or side of the door and engages in the frame and/or base of the door.

h. Insert shall mean a hardened steel roller inside unhardened bolts to prevent bolt cutting or sawing with common tools.

i. Jamb shall mean the vertical members of the door frame to which the door is secured.

j. Latch shall mean a beveled, spring-activated bolt, which may or may not have a deadlocking device.

k. Locking device shall mean a part of a window assembly which is intended to prevent movement of the movable sash.

l. Sash shall mean a single frame assembly which supports a window or glazing material.

m. Striker shall mean a metal plat attached to or changed into a door jamb to receive and to hold a projected latch and/or dead bolt in order to secure the door to the jamb.

(Ord. No. 923, § l)

4-2.4 Doors and Openings - All Occupancies.

a. Door jambs for all exterior doors and doors opening directly from garage to house shall be installed in a manner that no voids exist between jambs and opening framing for a vertical distance of 24 inches each side of door lock.

There shall be solid blocking at door lock height for a minimum of three stud spaces each side of opening. Trimmers shall be full length from the header to the floor with solid backing against sole plates. In-swinging doors shall require rabbetted door jambs.

b. All exterior sliding glass doors shall be equipped with an auxiliary pin-type locking device which will keep the sliding panel of the door from being opened from the outside until the removal of the pin from its secured position from the interior of the building.

c. All exterior sliding glass windows shall be equipped with an auxiliary locking device which will keep the sliding panel of the window from being opened from the outside until the locking device is disengaged from the interior of the building.

(Ord. No. 923, § 1)

4-2.5 Residential Security Provisions.

a. Doors - General: A door forming a part of the enclosure of the dwelling unit shall not be of hollow core or single panel construction and shall be installed and secured as set forth in paragraphs b and c, when such door is accessible from a street, highway, yard, court passageway, corridor, balcony, patio, breezeway, private garage, portion of the building which is available for use by the public or other tenants, or similar area. A door enclosing a private garage with an interior opening leading directly to a dwelling unit shall also comply with said paragraphs b and c. All dwelling unit entrance doors shall also be equipped with a viewing device located so as to enable a person on the inside of the entrance door to view a person immediately.

b. Doors - Swing Doors:

1. A single swing door, the active leaf of a pair of doors and the bottom leaf of dutch doors shall be equipped with a dead bolt with a minimum throw of one inch and a deadlocking latch. The lock or locks shall be key operated from the exterior side of the door and engaged or disengaged from the interior side of the door by a device not requiring a key or special knowledge or effort.

2. Flush bolts with a minimum throw of ⅝ inch shall be provided at the head and foot (floor and ceiling) of the inactive leaf of double doors and at the top and bottom of the upper leaf of dutch doors.

3. Door stops on wooden jambs or in-swing doors shall be of one piece construction with the jamb or joined by a rabbet.

4. Nonremovable pins or interlocking stud-type hinges shall be used on at least one hinge in pin-type hinges which are accessible from the outside when the door is closed.

5. Cylinder guards shall be installed on all mortise or rim-type cylinder locks installed whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools.

c. Doors - Overhead and Sliding:

1. Metal or wooden overhead and sliding doors shall be secured with a cylinder lock, padlock, with a hardened steel shackle (⅜ inch minimum size), metal slide bar, bolt, or equivalent on the inside when not otherwise locked by electric power operation. In the event this type of door provides the only entrance to a garage, cylinder lock or padlock may be on the outside. Overhead garage doors shall not be furnished with bottom vents.

2. Cylinder guards shall be installed on all mortise or rim-type cylinder locks which project beyond the face of the door or as otherwise accessible to gripping tools.

d. Windows - General: A window, skylight, or other light forming a part of the enclosure of a dwelling unit shall be constructed, installed, and secured as set forth in paragraphs e and f, which such window, skylight, or light is not more than 12 feet above the grade of a street, highway, yard, court, patio, breezeway, private garage, portion of the building which is available for use by the public or other tenants, or similar area. A window enclosing a private garage with an interior opening leading directly to a dwelling unit shall also comply with said paragraphs e and f.

e. Windows - Materials: A window, skylight, or other light forming a part of the enclosure of the dwelling unit located within 12 inches of a required locking device on a door when in the closed and locked position and openable from the inside without the use of a key, shall be fully-tempered glass, approved burglar-resistant material, or guarded by metal bars, screens, or grills in a manner approved by the building official.

f. Windows - Locking Devices:

1. Movable panels shall not be rendered easily openable or removable from the frame.

2. Openable windows shall be provided with substantial locking devices which the building official finds render the building as secure as the devices required by this section.

3. Louvered windows shall not be used within eight feet of ground level or adjacent structures unless approved otherwise by the building official.

g. Lighting: Open parking lots (including lots having carports) providing more than ten parking spaces shall be provided with a maintained minimum of three foot candles of light on the parking surface during hours of darkness.

h. Addresses: Numerics in addresses shall be at least two inches in height, internally illuminated, and prominently displayed on the front of the residence so as to be clearly visible from the roadway.

(Ord. No. 923, § 1)

4-2.6 Commercial Building Security Provisions.

a. Minimum Standards: All exterior doors shall be secured with a locking device that shall meet the approval of the building official and police and fire chiefs.

1. Rolling overhead doors, solid overhead swinging, sliding or accordion garage-type doors shall be secured with a cylinder lock or a padlock on the inside when not otherwise controlled or locked by electric power operation. If a padlock is used, it shall be of hardened steel shackle, with a minimum of five pin tumbler operation with nonremovable key when it is in an unlocked position.

2. Metal accordion grate or grill type doors shall be equipped with metal glide track, top and bottom, and a cylinder lock and/or padlock with hardened steel shackle and minimum five-pin tumbler operation with nonremovable key when in an unlocked position.

3. Nonremovable pins or interlocking stud type hinges shall be used on at least one hinge in pin-type hinges which are accessible from the outside when the door is closed.

4. Doors with glass panels and doors that have glass panels adjacent to the door frame shall be secured as follows:

(a) Rated burglary-resistant glass or glass-like material; or

(b) The glass shall be covered with iron bars of at least ½ inch round or one 1 inch × ¼ inch flat steel material mortised, spaced not more than 5 inches apart, secured on the inside of the glazing; or

(c) Iron or steel grills of at least ⅛ inch material of 2 inch mesh secured on the inside of the glazing.

5. In-swinging doors shall have rabbetted jambs.

6. Wood doors, not of solid core construction, or with panels therein, less than 1-⅜ inch thick, shall be covered on the inside with at least 16-gauge sheet steel or its equivalent attached with screws on minimum 6 inch centers.

7. Jambs for all doors shall be so constructed or protected so as to prevent violation of the function of the strike.

8. All exterior doors shall have a minimum of 60-watt bulb no more than 3 feet above the outside of the door. Such bulb shall be protected with a vapour cover or cover of equal breaking resistant material.

9. All front entry doors shall be numbered with the establishment's address, using numbers not less than 2 inches high on a contrasting background.

b. Glass Windows:

1. Accessible rear and side windows not viewable from the street shall consist of rated burglary resistant glass or glass-like material. (Exception: Window openings required by the Building Code for access by the fire department shall be protected by a material approved by the fire department. Protection of these window openings should be by glass which may be broken without unnecessary delay and the use of specialized equipment.)

2. Louvered windows shall not be used within eight feet of ground level, adjacent structures, or fire escapes, unless otherwise approved by the building official.

c. Accessible Transoms: All exterior transoms exceeding 8 inches x 12 inches on the side and rear of any building or premises used for business purposes shall be protected by one of the following:

1. Rated burglary-resistant glass or glass-like material; or

2. Outside iron bars of at least ½ inch round or 1 inch × ¼ inch flat steel material, spaced no more than 5 inches apart; or

3. Outside iron or steel grills of at least ⅛ inch material but not more than 2 inch mesh.

4. The window barrier shall be secured with rounded head flush bolts on the outside.

d. Roof Openings:

1. All glass skylights on the roof of any building or premises used for business purposes shall be provided with:

(a) Rated burglary-resistant glass or glass-like material meeting building code requirements; or

(b) Iron bars of at least ½ inch round or 1 inch × ¼ inch flat steel material under the skylight and securely fastened and meeting building code requirements; or

(c) A steel grill of at least ⅛ inch material of 2 inch mesh under the skylight and securely fastened and meeting building code requirements.

2. All hatchway openings on the roof of any building or premises used for business purposes shall be secured as follows:

(a) If the hatchway is of wooden material, it shall be covered on the inside with at least 16-gauge sheet steel or its equivalent attached with screws.

(b) The hatchway to be secured from the inside with a slide bar or slide bolts. The use of crossbar or padlock must be approved by the fire marshal.

(c) Outside hinges on all hatchway openings shall be provided with nonremovable pins when using pin-type hinges.

3. All air duct or air vent openings exceeding 8 inches × 12 inches on the roof or exterior walls of any building or premises used for business purposes shall be secured by covering the same with either of the following:

(a) A steel grill of at least ⅛ inch material of 2 inch mesh and securely fastened.

(b) If the barrier is on the outside, it shall be secured with rounded head flush bolts on the outside.

4. Perimeter walls, fences, trash storage areas, etc., shall be built as not to give access to the roof, i.e., height, and nearness to building.

e. Intrusion Detection Devices: If it is determined by the enforcing authority of this chapter that the security measures and locking devices described in this chapter do not adequately secure the building, he may require the installation and maintenance of an intrusion detection device (burglar alarm system).

f. Lighting: Establishments which are separate building units and are not part of a major complex or interconnecting building shall be protected with exterior perimeter lighting.

1. Buildings used for public purposes shall have parking lots sufficiently lighted for easy observation of parked vehicles from main passageways when such public use is during dark hours.

2. Buildings including those used for public purposes shall utilize lighting which will provide sufficient light for observation at any area where the building can be attacked and entry made (exterior doors, etc.).

g. Key Security Lock Box System: A security key system lock box may be required for buildings or complexes which, because of their size, layout, or occupancy and the addition of the security measures and locking devices required by this chapter, create a delay for the fire district gaining entrance during an emergency. The requirement for the lock box shall be at the discretion of the fire chief or his authorized representatives.

(Ord. No. 791, § 1; Ord. No. 923, § 1)

* Editor's Note: Prior ordinances codified herein include portions of Ordinance Nos. 923, 1127 and 1136.

4-3.1 Preamble. The city council finds that there is a large number of privately owned swimming pools and other artificially created bodies of water within the city and that the maintenance of such bodies of water without adequate supervision or protective measures constitutes a severe hazard to the safety of the inhabitants, and particularly to the small children of the incorporated territory of the city.

(Ord. No. 1529, § 3)

4-3.2 Gates and Doors. Refer to California Building Code Section 3109 as amended by this chapter for regulations to be applied.

(Ord. No. 1529, § 3)

4-3.3 Public Recreational Use. This section 4-3 does not apply to publicly owned creeks, sloughs, or bodies of water which are artificially created on or within such water courses if they are open and available for public recreational use.

(Ord. No. 1529, § 3)

4-4.1 Purpose of this Section. This section is adopted for the purpose of establishing rules and regulations governing the abatement of dangerous buildings in the city. Wherever a conflict occurs between or within the Uniform Code for the Abatement of Dangerous Buildings, other building codes adopted by the city, state regulations, or city ordinances, the more restrictive shall apply.

4-4.2. Adoption of the Uniform Code for the Abatement of Dangerous Buildings. The city hereby adopts the 1997 Code for the Abatement of Dangerous Buildings in its entirety, subject, however, to the amendments, additions, and deletions set forth in this section 4-4.

4-4.3. City Official to Administer Abatement Proceedings under the Code. Any reference in the 1997 Code for the Abatement of Dangerous Buildings to the director of public works shall be construed as referring to the city's community development director.

4-4.4. Uniform Code for the Abatement of Dangerous Buildings Amendments.

Amend Section 103 to read as follows:

Section 103 — ALTERATIONS, ADDITIONS AND REPAIRS

All buildings and structures which are required to be repaired under the provisions of this code shall be subject to the provisions of Section 101.4 of the California Existing Building Code.

Amend Section 204 to read as follows:

Section 204 — INSPECTION OF WORK

All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the Building official in accordance with and in the manner provided by this code and Section 110 of the California Building Code.

Amend Section 301 to read as follows:

Section 301 — GENERAL

For the purpose of this code, certain terms, phrases, words, and their derivates shall be construed as specified in either this chapter or as specified in the California Building Code or the California Housing Code. Where the terms are not defined, they shall have their ordinary accepted meanings within the context which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be construed as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.

BUILDING CODE is the California Building Code promulgated by the International Code Council, as adopted by the City of Novato.

DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code.

HOUSING CODE is the California Residential Code promulgated by the International Code Council as adopted by the City of Novato.

Amend Section 401 to read as follows:

Section 401 — GENERAL

401.2 Notice and Order. The Building official shall issue a notice and order to the record owner of the building. The notice and order shall contain.

1. The street address and a legal description sufficient for identification of the premises upon which the building is located.

2. A statement that the Building official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under Section 302 of this code.

3. A statement of the action required to be taken as determined by the Building official.

3.1

If the building official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefore and the work physically commenced within such time (not to exceed 120 days from the date of the order) and completed within such time as the building official shall determine is reasonable under the circumstances.

3.2

If the building official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the building official to be reasonable.

3.3

If the building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the building official shall determine is reasonable (not to exceed 120 days from the date of the order); that all required permits be secured therefor within 120 days from the date of the order; and that the demolition be completed within such time as the building official shall determine is reasonable.

4. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the building official (i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) may proceed to cause the work to be done and charge the costs thereof against the property or its owner.

5. Statements advising (i) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the building official to the board of appeals, provided the appeal is made in writing as provided in this code and filed with the building official within 30 days from the date of service of such notice and the order; and (ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

(Ord. No. 1727, § 1, 8-26-2025)

4-7.1 Purpose. This section is intended to provide a procedure for preserving and studying valuable cultural resources in the city. Existing in Novato are certain deposits and sites of cultural significance believed to have been left by Indians and other early inhabitants. When studied under the supervision of qualified archaeologists, these resources may be of inestimable value in understanding the early history of Novato inhabitants. Uncontrolled excavation or modification of these resources would destroy the cultural integrity of the area. This loss would affect future generations and must be prevented in the public interest.

Such cultural resources shall be preserved in an undisturbed state whenever possible, for future generations who should be more skilled and have access to better methods of study. If preservation is not possible, the resource should be excavated and studied. Regard shall first be given to the value the resource has to the descendants of California Indians, other Native Americans, and the general public.

(Ord. No. 923, § 1)

4-7.2 Definitions. For the purpose of this section, the following terms shall have the meanings given herein:

a. Cultural resource or resource shall mean all evidence of human occupation and activity which may be used to reconstruct the history and culture of past peoples. This evidence shall include but not be limited to sites, structures, artifacts and physical remains which existed prior to 1860.

b. Disturb shall mean to have any direct or indirect effect upon an archaeological resource.

c. Native American Advisory Agencies shall mean organizations of Native American people.

d. Cultural site shall mean those cultural or religious sites which may exist in the oral tradition of the Coast Miwok people and their descendents or in the written or oral traditions of other ethnic groups.

e. Qualified archaeological advisory agencies shall mean institutions of higher learning and/or established associations or private firms, pursuing as one of their major purposes the study of cultural remains having archaeological significance and employ qualified archaeologists to perform the report described in subsection 4-7.4b. A list of such institutions shall be maintained by the community development department and will be used by the city in the selection of consulting organizations for the issuance of permits under this section.

f. Qualified archaeologist shall mean any person who meets the qualifications of the Society of Professional Archaeologists in the area of "field research" or "cultural resources management."

g. Qualified Native American shall mean the representative or representatives of a Native American Advisory Agency.

h. Recorded cultural resource shall mean those cultural resources which are known to exist in the city, and which are recorded in the State-wide Archaeological Survey, the State Landmarks Inventory, and/or the National Register of Historical Places.

i. Unrecorded cultural resources shall mean those cultural resources which have not yet been discovered or recorded, but which may exist in the city.

(Ord. No. 923, § 1)

4-7.3 Archaeological Investigations Permit Required.

a. Whenever construction or other activities are proposed which will disturb a recorded or otherwise previously encountered cultural resource or a cultural site, an archaeological investigation permit shall be obtained prior to commencement of work and prior to issuance of any building or grading permit. The community development director may hold the public hearing required by subsection 4-7.4d. Concurrently with an otherwise required public hearing on the project provided that requirements for the preparation of the report and noticing are met.

b. Whenever a recorded or unrecorded archaeological resource is encountered and an archaeological investigation permit has not been issued, all activities which may disturb the resource shall be stopped, and any city building permit or other authorization which may disturb the resource shall be suspended until issuance of an archaeological investigation permit.

(Ord. No. 923, § 1)

4-7.4 Permit Procedure.

a. Application for an archaeological permit shall be made by the owner of the resource or a representative of the owner and shall be made in a form acceptable to the community development director. The application shall be accompanied by a fee in an amount determined by city council resolution.

b. Upon receipt by the community development director of such an application, the community development director shall select one of the qualified archaeological advisory agencies (AAA) to inspect the site and prepare an archaeological report thereon. At the same time, the director shall notify the Native American Advisory Agency that a permit application has been received. The report shall be submitted to the community development director within 15 days. Payment for the report shall be the responsibility of the applicant. The report shall describe the resource, state its significance, recommend the level of data recovery, if any, recommend measures, if any, for protection of the resource and recommend sources of funding for data recovery. The findings of a certified environmental impact report may be accepted by the community development director in lieu of the archaeological report if it meets all requirements of this section.

c. The selected archaeological advisory agency shall immediately contact Native American Advisory Agency or other pertinent ethnic agency and include their recommendations in the submitted report.

d. The community development director shall hold a public hearing upon the report within ten calendar days of submission thereof. Whenever community development director determines that the resource is of archaeological significance, he/she shall approve the permit only after finding that mitigation measures will be taken to allow maximum protection of the resource and/or maximum preservation of knowledge of the resource.

Mitigation measures may be required as conditions of approval, and the city may work with the permittee to find independent funding for the mitigation measures. Conditions of approval may include, but shall not be limited to any or all of the following example conditions:

1. Preliminary site planning shall be done under the supervision of a qualified archaeologist to relocate construction away from the resource.

2. Prior to any construction activity, archaeological excavation, identification, classification, and property scientific analysis of artifacts and other materials having historical or archaeological significance shall be accomplished by a person with qualifications satisfactory to the community development director.

3. A qualified archaeologist and qualified Native American shall be permitted to make periodic visits to the archaeological resource to observe the work in progress.

e. Notice of the public hearing and any hearing on appeal shall be by first-class mail at least five calendar days prior to the hearing to all contiguous property owners, any interested homeowners' associations, the Native American Advisory Agencies, the Marin Miwok Museum, the Departments of Anthropology at California State University, Sonoma and San Francisco, and any other person or organization who informs the community development department in writing of their interest in such notices.

f. Any decision made by the community development director under this section may be appealed to the city council by any interested party. Such appeal must be submitted in writing within five working days of the decision, briefly stating the facts and the grounds of appeal. The city clerk shall set the matter on the city council agenda at the earliest convenience, but in all events not later than 21 calendar days from the date of filing and shall notify the appellant in writing of such setting. After public hearing, the city council may affirm, modify, or reverse the community development director's decision.

(Ord. No. 923, § 1; Ord. No. 989, § 1)

4-7.5 Records of Archaeological Findings. Whenever work is performed by an archaeologist pursuant to this section, complete and accurate records shall be kept and filed with the State Historic Preservation Officer or representative, and copies thereof placed in the site report files at California State University at San Francisco, California State University at Sonoma, the Marin Miwok museum and the community development department. The portions of the report which describe the specific location of a cultural site shall be confidential and not available to the general public in order to prevent unauthorized disturbance. A copy shall also be kept with the artifacts recovered. Whenever requested by a Native American Advisory Agency, any Native American human skeletal remains and associated artifacts accidentally or intentionally exhumed from mortuary contexts shall be reinterred following laboratory analysis. No destructive methods of analysis shall be used. Reburial shall be done in accordance with the requests of Native American Advisory Agencies and in compliance with relevant State and local statutes. If reinterment on the same site is requested by the Native American Advisory Agency, an appropriate site shall be provided whenever possible. Complete records of the reinterment including specific location and contents shall be included with the other site report files. Any material removed from an archaeological resource and not reinterred shall be delivered to the Marin Miwok Museum or other agency approved by the State Historic Preservation Officer and the community development director in consultation with the Native American Advisory Agency. The museum or other agency shall safely accession and store this material with the relevant records and make it available to qualified archaeologists and recognized educational institutions.

(Ord. No, 923, § 1; Ord. No. 989, § 1)

4-7.6 Penalty. Unless authorized in accordance with subsection 4-7.3, it shall be unlawful for any person to excavate, deface, or disturb in any fashion whatsoever, any archaeological resource. Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be liable for the penalties stated in Chapter I, section 1-5 of this code. Furthermore, any such violation shall be deemed a public nuisance, pursuant to subsection 1-5.4 of this code

(Ord. No. 923, § 1)

Editor's note— Ord. No. 1689, § IV, adopted July 12, 2022, repealed § 4-8, which pertained to residential resale reports and derived from Ord. No. 1150, § 1.

4-9.1 Purpose. The purpose of this section is to provide the opportunity to owners of property with new construction in the final stages to enter into an agreement with the City of Novato to receive approval of temporary installation of electric and gas utilities, in order to provide yard lighting, building security, and testing of the buildings' approved, installed systems. A temporary installation agreement does not allow any occupancy or unauthorized use, temporary or otherwise.

(Ord. No. 1251, § 1)

4-9.2 Definitions.

a. "Agreement" shall mean a legal binding agreement between the City of Novato, the property owner, contractor, and permittee to abide by said terms of the written agreement.

b. "Contractor" shall mean the contractor of record on the approved building permit.

c. "Occupancy" shall mean to reside or occupy any space within the structure for more than 20 hours in a 48 hour period of time.

d. "Permittee" shall mean the person(s) on record applying for and being issued the approved building permit, allowing the necessary work to be done according to all applicable codes.

e. "P.G.&E." shall mean Pacific Gas & Electric Company, the current power utility company serving the City of Novato.

f. "Temporary" shall mean limited time as set forth in the written agreement.

g. "Utility service" shall mean the utility-owned devices to measure and regulate the amount of electric power being supplied to an approved service panel and fuel gas being supplied to an approved service piping for the building.

(Ord. No. 1251, § 1)

4-9.3 Applicability. The provisions and requirements of this section shall apply to only new construction under approved plans issued by the City of Novato, Department of Community Development.

(Ord. No. 1251, § 1)

4-9.4 Temporary Installation Agreement. The City of Novato may authorize the temporary installation of electric and gas utilities in accordance with the provisions of this chapter. Such authorization shall be in the form of a written agreement between the property owner, contractor, permittee, and the City of Novato for temporary approval of installation of utilities to the property described in said agreement, for the stated limited time period only.

(Ord. No. 1251, § 1)

4-9.5 Permit Fees. The city council may establish application and other related fees for temporary installation agreements by resolution.

(Ord. No. 1251, § 1)

4-9.6 Violation.

a. It is a violation of this chapter to have the utility service meters remain on said property after expiration of said agreement. The chief building official shall notify in writing the property owner, contractor, permittee, and P.G.&E. of said violation and order removal of the utility service meters.

b. It is a violation of this chapter for any person to occupy any dwelling or structure in the City of Novato without obtaining all final inspections and any applicable certificate of occupancy.

(Ord. No. 1251, § 1)

4-9.7 Penalty for Violation. Any person within the City of Novato, violating the condition of this chapter shall be guilty of a misdemeanor or infraction as set forth in subsection 1-5.1 of the Municipal Code, City of Novato.

(Ord. No. 1251, § 1)

4-9.8 Enforcement. The following designated employee positions may enforce the provisions of this section by the arrest or by issuance of citations. Persons employed in such positions and authorized to exercise the authority provided in Penal Code Section 836.5 are authorized to issue citations with the approval of the chief building official for any violations of this section. The designated employee positions are:

Chief building official; or

The designee of the chief building official.

It shall be the duty of the chief of police of the city to render any and all necessary assistance to the chief building official for the enforcement of the provisions of this section.

(Ord. No. 1251, § 1)

* Editor's Note: Prior ordinances codified herein include portions of Ordinance Nos. 1328 and 1346.

4-10.1 Purpose. The purpose of this section 4-10 is to safeguard life, health, property, and public welfare by providing minimum fire retardancy requirements for new roof coverings of any hereinafter constructed regardless of the type of occupancy classification and for any reroof of any existing building.

(Ord. No. 1529, § 4)

4-10.2 Permit Required. Notwithstanding the provisions of Section 1510 of the California Building Code, a new roof covering shall not be applied without first obtaining a reroofing permit. After a permit is issued, an inspection shall be made while work is in progress with no more than 30 percent of the work completed. A final inspection and approval shall be obtained from the Building Division when the reroofing is complete. Access provisions for adequate inspection shall be the applicant's responsibility as determined by the building official provided, however, that reroofing permits are not required for minor repairs not exceeding 100 square feet in area.

(Ord. No. 1529, § 4)

4-10.3 Fees. The permit fees shall be based on assessed valuation of work as determined by the building official and the amount of fees collected in accordance with the City of Novato Administrative Policy 3.3, Appendix B.

(Ord. No. 1529, § 4)

4-11.1 Purpose. The City Council of the City of Novato does hereby find and determine that city departments and various local agencies need information about commercial properties to verify that the use and occupancy of said commercial or industrial properties are in accordance with existing zoning and health and safety provisions mandated by the State of California and the City of Novato Municipal Code. This information is also needed to protect the public health and safety and to assist the city in compiling information on the use, location, and condition of properties within the jurisdiction of the City of Novato. By agreement, for health and safety reasons, the city may share this information or resultant vital statistics with other governmental agencies.

(Ord. No. 1334, § 11)

4-11.2 Definitions.

a. 1.

Commercial or Industrial Building shall mean any nonresidential building or portions of nonresidential buildings, any improved or unimproved real property to which sewer and/or water services are provided, zoned as C-1 (Retail Business), C-2 (General Business), A-P (Administrative Professional), C-P (Planned Commercial), M-1 (Light Industrial), M-2 (Heavy Industrial), M-P (Planned Industrial), PC (Planned Community), or PCR (Planned Commercial Recreation), or any building to which sewer and/or service are provided, not used as domestic living space and not classed as Group "R" Divisions 1 or 3, Group "M" Division 1, "Occupancies," according to the occupancy designations of the most recently adopted edition of the Uniform Building Code.

2. The business establishments with zoning designations such as C-1, C-2 or AP that do not use, handle or store Federal registered hazardous materials or potentially flammable chemicals, or discharge only domestic waste to the sewer are excluded from coverage under this section 4-11. Exhibit A of this section is a guideline to determine whether a type of business or supplemental use must comply with the reporting requirements of this commercial or industrial occupancy ordinance. This list is not all inclusive.*

3. At any time any space that is converted from business office to any of the above conversion purposes, the property owner must comply with the provisions stated in subsection 4-11.4, "Written Notification of Change of Occupancy Required."

b. Property Owner shall mean the responsible entity (whether a person, persons, firm, corporation, partnership, trust or otherwise) that holds fee or possessory title to a commercial or industrial building.

c. Tenant shall mean the responsible entity, (whether a person, persons, firm, corporation, partnership, trust or otherwise) who possesses the right to use or occupy a commercial or industrial building, property, or portion thereof, under lease or rental agreements or any other agreement with the property owner or with any lease thereof.

d. Notification of Commercial or Industrial Tenancy Change Form shall mean an information form prepared by the City of Novato Building Official to be completed by the property owner and submitted to the city within 30 business days of the occupancy change.

e. Use shall have the same meaning as defined in subsection 19-10.004u.

(Ord. No. 1334, § 1)

* Editor's Note: Exhibit A, referred to herein may be found at end of this section.

4-11.3 Applicability. The provisions and requirements of this section shall apply to any "commercial or industrial building" defined in subsection 4-11.2a located within the jurisdiction of the City of Novato.

(Ord. No. 1334, § 1)

4-11.4 Written Notification of Change of Tenancy Required.

a. It shall be the responsibility of the property owner to deliver the required notice to the tenant who leases or subleases all or a part of the tenant's leasehold interest. It is the responsibility of the property owner to notify the chief building official that the property owner has delivered to the tenant and/or subtenant the notice of change of commercial or industrial occupancy form required under subsection 4-11.2b. It is the tenant's responsibility to notify the chief building official of the change in occupancy or use in any part of any commercial or industrial building in which they hold a right of occupancy within 30 business days of the occupancy or use change, by delivering the required notice to the chief building official.

b. The notice shall be in writing on a form prescribed by the city addressed to the chief building official.

c. The notice is to be reviewed by the chief building official or designee within 14 days of the receipt of the change of occupancy form.

d. The written notice shall contain the following:

1. The street address of the commercial or industrial building, including suite number, if applicable.

2. The name and address of the property owner(s) of the commercial or industrial building.

3. In the case where a lessee subleases all or part of the lessee's leasehold interest, the name and address and the telephone number of the lessee and, separately, the sublease.

4. The name and address and telephone number of the new tenant.

5. The square footage of the area of the commercial or industrial building to be occupied or leased.

6. A description of the intended use of the commercial or industrial building.

7. The date of intended use for any purpose or the date the lease is signed by agreement between the property owner and lessee, or between the lessee/sublessor and the sublessee, and the date that the occupancy or use actually commenced.

8. A statement as to whether any hazardous or toxic materials are or will be used, handled or stored at the building.

(Ord. No. 1334, § 1)

4-11.5 Violation. It is a violation of this section for any property owner or tenant of a commercial or industrial building to lease, transfer, sublease, rent, sell, or cause any change in use or occupancy or otherwise reoccupy a commercial or industrial building, or portion thereof, after being vacant without notifying the city per subsection 4-11.4 of this section.

(Ord. No. 1334, § 1)

4-11.6 Penalty for Violation. Any person violating subsection 4-11.4 of the Novato Municipal Code is guilty of an infraction and upon conviction therefor shall be punished in accordance with California Government Code Section 36900(b), as it may be amended from time to time.

(Ord. No. 1334, § 1)

4-11.7 Nonliability of the City. The review of the "Notice of Change of Occupancy" form does not represent a warranty by the city that the subject property or its current or future use is, or is not, in compliance with the law. The city does not represent or warrant that the information contained in the notice will be complete and/or accurate.

The enactment of this section shall not impose any mandatory duty upon the city to inspect the subject property, report the information from its records, or impose any liability upon the city for failure to enforce the provisions of this section.

(Ord. No. 1334, § 1)

4-11.8 Reserved.*

* Editor's Note: Former subsection 4-11.8, Sunset Clause, previously codified herein and containing portions of Ordinance No. 1334 was repealed in its entirety by Ordinance No. 1356.

4-12.1 Findings.

a. The City of Novato finds that the State of California through its California Waste Management Act of 1989, Division 30 of the Public Resources Code (Section 40000 et seq.), requires that each local jurisdiction in the state divert 50 percent of discarded materials (base year 1990, state methodology) from landfill on or after January 1, 2000 through source reduction, recycling, and composting activities.

b. The City of Novato finds that every city and county in California could face fines up to ten thousand ($10,000.00) dollars a day for not meeting the above mandated goal.

c. The City of Novato finds that in recent years construction and demolition (C&D) debris constituted approximately 12 percent by weight of the materials landfill in Marin County and a similarly large portion of the waste stream in the county. These materials have significant potential for waste reduction and recycling.

d. The City of Novato finds that reusing and recycling C&D debris is essential to further the city's efforts to reduce waste and comply with the California Integrated Waste Management Act and other waste reduction goals.

e. The City of Novato finds that C&D debris waste reduction and recycling have been proven to reduce the amount of such material in landfills, increase site and worker safety, be cost effective, and thereby assist in the protection of public health, safety and welfare.

f. The City of Novato finds that, except in unusual circumstances, it is feasible to divert on average at least 50 percent of all C&D debris from most construction, demolition, and renovation projects.

(Ord. No. 1485, § 1)

4-12.2 Definitions. For the purposes of this section, the following definitions shall apply:

a. "Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City of Novato for the applicable permits to undertake any construction, demolition, or renovation project within the City of Novato jurisdiction.

b. "Community development director" means the designated staff person(s) authorized and responsible for implementing this section.

c. "Construction" means the building of any facility or structure or alterations to any portion thereof including any tenant improvements to an existing facility or structure.

d. "Construction and demolition debris (C&D debris)" means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure.

e. "Conversion rate" means the rate set forth in the standardized Conversion Rate Table approved by the City of Novato pursuant to this section for use in estimating the volume or weight of materials identified in a waste management plan (WMP).

f. "Covered project" means every construction, demolition, and renovation project within the City of Novato.

g. "Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

h. "Divert" means to use material for any lawful purpose other than disposal in a landfill or transformation facility.

i. "Diversion requirement" means the diversion of at least 50 percent of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an infeasibility exemption pursuant to section 4-12.4 of this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the community development director for the covered project.

j. "Noncovered project" means construction, demolition, and renovation projects within the City of Novato encompassing less than 500 square feet.

k

"Person" means a person, firm, corporation, partnership, or other business entity.

l. "Project" means any activity which requires an application for a building or demolition permit or any similar permit from the City of Novato.

m. "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

n. "Renovation" means any change, addition, alteration or modification encompassing more than 500 square feet in an existing structure.

o. "Reuse" means further or repeated use of construction or demolition debris.

p. "Salvage" means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.

q. "Waste management plan (WMP)" means a completed WMP form, approved by the City of Novato community development department building division for the purpose of compliance with this section, submitted by the applicant for any covered or noncovered project.

(Ord. No. 1485, § 1)

(Ord. No. 1556, § 3, 1-11-2011)

4-12.3 Compliance with this Section.

a. Covered Projects. Every covered project shall comply with this section. Failure to comply with any of the terms of this section shall subject a person or applicant to the enforcement mechanisms set forth in section 4-12.8.

b. Noncovered Projects. Every noncovered project shall be encouraged to divert at least 50 percent of all project-related construction and demolition debris.

c. Compliance as a Condition of Approval. Compliance with the provisions of this section shall be a condition of approval for a building permit to be issued to any covered project and shall be made prior to a final approval of any permit on a covered project or issue a certificate of occupancy.

(Ord. No. 1485, § 1)

4-12.4 Infeasible Exemption. Granting of Exemption. If the community development department director determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall issue the final approval on any permitted work or approve the issuance of a certificate of occupancy if the maximum feasible diversion rate is met. The documentation to be submitted for final approval shall be the same as that set forth in section 4-12.6.

(Ord. No. 1485, § 1)

4-12.5 Waste Management Plan (WMP).

a. WMP Forms. Applicants for any covered project shall complete and submit a waste management plan (WMP), on a WMP form approved by the City of Novato for this purpose as part of the application packet for the permit. The completed WMP form shall indicate all of the following:

1. The estimated volume or weight of debris, by materials type, to be generated;

2. The estimated volume or weight of such materials that can feasibly be diverted via reuse;

3. The estimated volume or weight of such materials that can feasibly be diverted via recycling;

4. The vendor and/or facility that the applicant proposes to use to collect or receive said materials; and

5. The estimated volume or weight of materials that will be landfilled.

b. WMP Approval. The WMP form will be reviewed by the community development department building division to determine feasibility. Once approved by the community development department building division, the WMP form will be marked "approved" and submitted to the applicant with the construction or demolition permit.

(Ord. No. 1485, § 1)

4-12.6 Submission of Recycling/Reuse Documentation.

a. Documentation. Unless the applicant has been granted an infeasibility exemption pursuant to section 4-12.4 of this chapter, in which case the diversion requirements shall be the maximum feasible diversion rate determined by the community development department director for the project, the documentation to be submitted for final approval of permitted work or a certificate of occupancy shall include all of the following:

1. A waste management plan;

2. Receipts from the vendor or facility that collected or received each material showing the actual weight or volume of the material received;

3. Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this section.

b. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all C&D debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. All C&D debris shall be weighed by measurement on scales, except as provided by this subsection. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. When weighing C&D debris is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the City of Novato for this purpose.

c. Calculating Volume and Weight of Debris. In estimating the volume or weight of materials the applicant shall use the standardized conversion rates approved by the City of Novato for this purpose.

(Ord. No. 1485, § 1)

4-12.7 Final Compliance.

a. Approval. No final approval of permitted work or a certificate of occupancy shall be given for any covered project unless and until the community development department has approved the recycling/reuse documentation. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety. The community development department shall only approve the recycling/reuse documentation if it indicates that at least 50 percent of all C&D debris generated by the project has been diverted.

b. Nonapproval. If the community development department determines that the recycling/reuse documentation is incomplete or fails to indicate that at least 50 percent of all C&D debris generated by the project will be reused or recycled, the department may:

1. Deny the final approval of the permitted work or issuance of a certificate of occupancy for any building until adequate recycling/reuse documentation has been provided; or

2. Seek enforcement action pursuant to section 4-12.8.

(Ord. No. 1485, § 1)

4-12.8 Enforcement. Violation of any provision of this section may be enforced pursuant to section 4-1.6 of this chapter.

(Ord. No. 1485, § 1)

Editor's note— Ord. No. 1586, § 3, adopted Dec. 3, 2013, repealed § 4-13 in its entirety, which pertained to green building measures on residential projects and derived from Ord. No. 1503, § 1; Ord. No. 1553, § 2, adopted Sept. 14, 2010.

4-14.01 Declaration of Purpose. The council finds that the establishment of a periodic housing inspection program for apartments and hotels and the specification of caretaker requirements for apartments, is necessary to protect the public health, safety and welfare, by ensuring the proper maintenance of such housing, by identifying and requiring correction of substandard housing conditions in such housing, and by preventing conditions of deterioration and blight in such housing that could adversely affect economic conditions and the quality of life in the city.

(Ord. No. 1509, § 1)

4-14.02 Definitions. The following words and phrases whenever used in this chapter shall be construed as defined in this section:

"Apartment building" means any building or buildings, located on one parcel of property, containing three or more apartments as defined in this chapter.

"Apartment" means any room or group of rooms used for habitation for a fixed 30-day term or longer that is located within an apartment building on one or more parcels of property.

"Dwelling unit" carries the same meaning and description as, "apartment."

"Hotel" means any building or buildings, located on one parcel of property, containing four or more guest rooms, intended or designed to be used, or that are used, rented or hired out to be occupied, or that are occupied for sleeping purposes by guests.

"Guest" is any person hiring or occupying a guest room as defined in this chapter.

"Guest Room" means any room or rooms that are located within a hotel as defined in this chapter and is/are intended or designed to be used, or that are used, rented, or hired out for sleeping purposes. For the purposes of this section, a guest room is not used or intended for habitation.

"Occupant" means a person occupying a dwelling unit in an apartment or a guest occupying a guest room in a hotel.

"Owner" means the record owner of the property on which an apartment or hotel is located, as shown on the official records of the county assessor for the County of Marin, or the person/persons who own the business operating the hotel or apartment if different than the record owner of the property.

"Tenant" means the person, business, organization or other entity that is legally responsible to provide money, property, or any other form of consideration to reside in the dwelling unit or guest room, no matter how short the term or residence may be.

"Habitation" means living, eating, sleeping, or cooking. However, sleeping can only constitute "habitation" if it is accompanied by living, eating, or cooking.

Words and phrases used in this section, but not specifically defined herein, shall have the same meaning in this section or this code, words and phrases used in this section shall have the meaning generally prescribed by dictionary definition.

(Ord. No. 1509, § 1)

4-14.03 Periodic Housing Inspections. Every owner of an apartment building or hotel located within the City of Novato shall permit the city to periodically inspect each apartment building or hotel, including each apartment or guest room located within, and the real property on which such apartment building or hotel is located, provided that notice is given as is required under this chapter. The community development director, or his or her designee, shall cause each apartment building and hotel, including each apartment or guest room located within, to be inspected one time each calendar year, or more frequently if needed, to ensure compliance with all applicable city ordinances or other laws relating to such housing, including the substandard housing provisions of the Uniform Housing Code adopted by reference in section 4-1 of this code.

(Ord. No. 1509, § 1)

4-14.04 Scope of Chapter. This chapter shall not apply to:

a. An apartment occupied by the record owner of the property on which the dwelling unit is located, as shown on the official records of the county assessor for the County of Marin.

b. An apartment in a residential condominium as defined in Novato Municipal Code section 19.60.020.

c. Housing accommodations in any hospital; state licensed community care facilities; housing accommodations in any convent, monastery, or other facility occupied exclusively by members of a religious order; extended medical care facilities; asylum; on-campus fraternity or sorority houses; or on-campus housing accommodations owned, operated or managed by an institution of higher education, a high school, or an elementary school for occupancy by students.

d. Housing accommodations which a government unit, agency or authority owns, operates or manages, or which are specifically exempted from municipal regulation by state or federal law or administrative regulation. This exception shall not apply if the governmental ownership, operation, or management regulation becomes no longer effective or applicable to the housing accommodations described in this subsection.

e. Mobilehomes, or mobilehome parks, or recreation vehicles as defined in California Civil Code Section 799.24, or recreational vehicle parks.

f. Housing accommodations in buildings that have been vacated and secured against entry to the satisfaction of the city.

(Ord. No. 1509, § 1)

4-14.05 Complaint-based Inspections. Nothing contained within this section shall limit or restrict the authority of the city's code enforcement officials to inspect any apartment building or hotel, or any apartment or guest room located within, or the real property thereon, in response to a complaint made by any person concerning code violations or other violations of law being committed at such apartment building or hotel or on the real property thereon, and to pursue all code enforcement remedies permissible under this code or any other state or municipal law concerning any violation that may be identified.

(Ord. No. 1509, § 1)

4-14.06 Notices. The community development director, or his or her designee under this section shall give a minimum of 20 days advance written notice of the date and time of the periodic inspections to the owner of the apartment building or hotel and to the tenants thereof. Such notice shall provide the address and phone number where additional information concerning the inspection may be obtained. Notice to the owner of the apartment building or hotel shall be mailed by first class mail to the owner's last known address as it appears in the records of the county assessor. Notice to the tenant shall be mailed first class mail. It will be the responsibility of the apartment building, owner to provide the city code enforcement division by the first week of July each year a current list of tenant mailing information. Additionally, notice will be given to the occupants of the apartment building or hotel by posting an official notice of such inspection in a public area on the premises of such apartment building or hotel.

(Ord. No. 1509, § 1)

4-14.07 Right of Entry.

Upon presentation of city identification, the city code enforcement official(s), after having obtained the consent of the owner of the apartment or hotel or his/her agent may enter any common areas or un-rented areas in the building or on the premises at reasonable times during daylight hours to perform the inspection. Upon presentation of city identification, a city code enforcement official(s), after having obtained the consent of the tenant or his/her agent may enter any areas of the building that are being rented by the tenant at reasonable times during daylight hours to perform the inspection. If consent for such an inspection is refused or cannot be obtained, the city's code enforcement officials are authorized to obtain from the court an inspection warrant to conduct such an inspection pursuant to Code of Civil Procedure Section 1822.50 et seq. upon such terms as the court deems proper.

Nothing in this section shall limit the rights of the city to enter any apartment building or hotel, or any apartment or guest room located within, if the city is otherwise authorized by law to do so at the time of making such entry.

(Ord. No. 1509, § 1)

4-14.08 Violations.

If an inspection of an apartment building or hotel, or any apartment or guest room located within or the premises thereof, conducted pursuant to this section reveals the existence of any violations of applicable city ordinance or other laws relating to such housing, including the substandard housing provisions of the Uniform Housing Code as adopted by reference in section 4-1 of this code, the city may seek to remedy such violations by any method authorized by state law or this code, including the nuisance abatement procedures set forth in section 1-6 of this code.

(Ord. No. 1509, § 1)

4-14.09 Certificate of Compliance. Following completion of an inspection of an apartment building or hotel and every apartment or guest room located within, or on the premises and correction of any violations of applicable city ordinances or other laws related to such housing, the city shall issue to the owner a certificate of compliance indicating satisfaction of the provisions of this section as of the date of such certificate. This certificate of compliance shall be posted in a conspicuous, common area, enabling interested person(s) to view.

(Ord. No. 1509, § 1)

4-14.10 Inspection Fee. The city may collect from any owner of an apartment building or hotel, for which the owner is receiving compensation from the tenant(s), an annual housing inspection fee sufficient to cover the city's administrative costs and expenses for the periodic housing inspection program provided under this section. The annual housing inspection fees shall be established by resolution adopted by the city council pursuant to provisions of section 2-20 of this code. The city may collect the annual housing inspection fees by billing the owners directly for the amount due or by collecting the amount due from the owners as part of their property tax bills issued by the county tax collector pursuant to an agreement between the city and the county of Marin. There shall be no fee for re-inspection of violations or corrective action requirements, on first re-inspection. A fee of one hundred ($100.00) dollars will be charged for each inspection beyond the first re-inspection and one hundred ($100.00) dollars for each subsequent inspection until violations or corrective actions are corrected.

(Ord. No. 1509, § 1)

4-14.11 Failure to Pay Inspection Fee. If the owner of an apartment building or hotel fails to pay the annual housing inspection fees as provided hereunder, the city may recover the unpaid fees, plus accrued interest at the maximum rate permitted by law, from the owner in a civil action in which the city may elect to seek recovery of its reasonable attorney's fees at the initiation of that civil action. The prevailing party shall be entitled to recover its reasonable attorney's fees if the city seeks to recover its attorney fees under this section. Alternatively, the city may record a lien for any unpaid annual housing inspection fees against the property to which the fees relate in the manner provided in section 4-14.12 hereafter.

(Ord. No. 1509, § 1)

4-14.12 Housing Inspection Fee Lien. Housing inspection fees that are not paid in a timely manner under section 4-14.10 may become a lien upon the owner's property in accordance with the procedure set forth in this section.

a. Prior to recording a lien for unpaid annual housing inspection fees against the parcel which is required to be inspected under this section, the community development director, or his or her designee, shall prepare and file with the city clerk a report identifying the property, the owner, and the amount of a proposed housing inspection fee lien to cover such unpaid fees.

b. The city clerk shall fix a time, date and place of hearing said report and any protests or objections thereto by the city council and shall cause written notice of such hearing to be served on the owner not less than 10 days prior to the date of such hearing. Notice shall be given by regular first class mail addressed to the owner at the last known address as shown on the records of the county assessor for the County of Marin.

c. After conducting the hearing, the city council shall adopt a resolution confirming, discharging, or modifying the amount of the proposed housing inspection fee lien.

d. The city clerk shall cause to be recorded in the county recorder's office a notice of housing inspection fee lien to which the city council's supporting resolution shall be attached. Such notice shall specify the amount of the lien, the name of the City of Novato on whose behalf the lien is imposed, the street address, legal description, the assessor's parcel number of subject property and name and address of the owner as shown on the records of the county assessor for the County of Marin. Upon recording of such notice of housing inspection fee lien, it shall attach as a lien against the subject property and shall have the same effect and priority as recording of an abstract of judgment.

e. Upon receiving a report from the director of finance that payment in full has been received by the city of the amount specified in the notice of housing inspection fee lien, the city clerk shall record a notice of satisfaction of the housing inspection fee lien with the county recorder. Recording of such notice of satisfaction shall cancel the city's lien against the property.

(Ord. No. 1509, § 1)

4-14.13 Caretaker Requirements for Apartments.

a. Regardless of the number of apartments in an apartment building, the owner shall post in a conspicuous public place on the premises of the apartment a notice containing the name, address and telephone number of the resident caretaker or resident owner who is responsible for management of the apartment.

b. In any apartment building with 16 or more apartments, a caretaker employed by the owner shall reside upon the apartment building premises and shall be responsible for management of the apartment building, unless the owner resides upon the premises and has assumed such management responsibility.

Alternatively, in any apartment with 16 or more apartments, there shall be a designated caretaker's office which shall be staffed during the hours of 8:00 a.m. to 5:00 p.m. by the owner or a caretaker employed by the owner and responsible for management of the apartment building after hours and there shall be posted, in a conspicuous, common, easily viewed area, a current and up to date telephone number for the owner or the owner's agent, to which a telephone complaint may be made during all other hours, a response to which shall be made within a reasonable time period.

(Ord. No. 1509, § 1)

4-14.14 Administrative Procedures. The city council hereby delegates to the community development director or his or her designee the authority to establish, promulgate, and modify procedures, rules, and regulations to implement and administer this program. No action taken by the community development director or his or her designee may supersede or counteract any of the provisions in this section.

(Ord. No. 1509, § 1)

4-15.01 Declaration of Purpose. The council finds that the establishment of provisions for tenanting, management and safety for multi-family rental housing is necessary to protect the public health, safety and welfare. Ensuring proper management, tenant screening, security measures, rules of conduct, and maintenance of multi-family developments is intended to prevent conditions of deterioration and blight in such housing, promote fair housing practices and prevent conditions that could adversely affect the quality of life in the city.

(Ord. No. 1603, § 4(Exh. A), 9-15-2015)

4-15.02 Applicability. The requirements of this section shall apply to:

(a) All new multi-family rental housing developments of 16 units or more units;

(b) All existing multi-family rental housing developments applying for any discretionary entitlement or building permit to increase the total square footage of the development by 500 square feet or greater or which would add any number of new dwelling unit(s) to the development and which currently includes or which after new construction will include 16 or more units of rental housing.

(Ord. No. 1603, § 4(Exh. A), 9-15-2015)

4-15.03 Requirements. Prior to the issuance of a building permit for a development subject to the provisions of this Section, the owner of the project shall enter into a housing agreement, in the city's standard form, as the same may be amended from time to time. In the event that the development includes affordable housing units in accordance with chapter 19.24 or section 19.16.070 of the Novato Municipal Code, the city's standard affordable housing agreement as required by section 19.24.090 and/or subsection 19.16.070f.7. may take the place of the housing agreement. The housing agreement or affordable housing agreement shall, at a minimum, address the following:

a. Management. A requirement for owner to provide to the city for review and approval a copy of the management agreement between owner and the manager or proposed manager of the development including provisions for:

1. City inclusion as a third-party beneficiary permitting city the right to enforce such agreement;

2. Right of the city to approve or disapprove such management agreement to the extent to ensure compliance of such agreement with the provisions of the housing agreement or affordable housing agreement;

3. Requirement for high quality property management, on-going grounds and property maintenance, implementation, monitoring and compliance and adherence to the management plan; and

4. Right to require replacement of the Manager in the event the requirements of the housing agreement/affordable housing agreement, management agreement or management plan are not adhered to.

b. Management plan. A requirement for the Owner to provide to the city a management plan for the management of the project, which shall include but not be limited to each of the following minimum provisions, and which shall be subject to the review and approval of the city:

1. Rules and procedures for qualifying and screening tenants and filling vacancies. Said rules and procedures shall include anti-discrimination policies, waiting list policies, grievance process, eligibility certification process and unit transfer policies;

2. Measures to maintain security and crime prevention, including a process for addressing excessive police calls to the development;

3. Rules of conduct for tenants, including provisions for: drug free property; anti violence against women and other tenants; anti drug; smoking; storage and open space use; noise; alcohol in common areas, unlawful activities, annual inspections; parking; annual eligibility certification; grounds for eviction;

4. Process for handling tenant complaints/grievances;

5. Provisions for maintenance of the development and the property upon which the development is to be constructed including requirements for minimum maintenance standards, keeping the development free of waste or deterioration and in full compliance with all city ordinances;

6. Provisions for ongoing communications between management and tenants, management and owner, city and management and city and owner;

7. Provisions for on-site property management staffing; and

8. A copy of the standard lease agreement.

c. City approval. City approval of the management agreement and management plan shall be required prior to final inspection of the development and issuance of a certificate of occupancy therefore.

(Ord. No. 1603, § 4(Exh. A), 9-15-2015)

4-16.1 Purpose. It is the purpose and intent of the City of Novato in enacting this section to insure that income-based financial discrimination does not occur in rental housing. This section does not intend to restrict or limit operational aspects of rental housing management, such as establishment of tenant rules, security requirements or other landlord/tenant conditions not related to sources of income or financial discrimination.

4-16.2 Prohibited Activity. It is unlawful for any person to do any of the following related to the rental of real property for residential use as wholly or partially based on source of income, as defined herein:

a. To interrupt, terminate, or fall or refuse to initiate or conduct any transaction in real property, including, but not limited to, the rental thereof; to require different terms for such transaction; or falsely to represent that an interest in real property is not available for transaction;

b. To include in the terms or conditions of a transaction in real property any discriminating clause, condition or restriction;

c. To refuse or restrict facilities, services, repairs or improvements for any tenant or lessee;

d. To make, print, publish, advertise, or disseminate in any way, or cause to be made, printed or published, advertised or disseminated in any way, any notice, statement or advertisement with respect to a transaction in real property, or with respect to financing related to any such transaction, which unlawfully indicates preference, limitation or discrimination based on source of income.

4-16.3 Prohibited Economic Discrimination. It is unlawful for any person to use a financial or income standard for the rental of housing that does either of the following:

a. Fails to account for any rental payments or portions of rental payments that will be made by other individuals or organizations, including by a rental assistance program, homeless assistance program, security deposit assistance program or housing subsidy program, on the same basis as rental payments to be made directly by the tenant or prospective tenant;

b. Fails to account for the aggregate income of persons residing together or proposing to reside together or an aggregate income of tenants or prospective tenants and their cosigners or proposed cosigners on the same basis as the aggregate income of married persons residing together or proposing to reside together.

4-16.4 Exceptions.

a. Nothing in this chapter shall be construed to apply to the rental or leasing of any housing unit in which the owner or any member of his/her family occupies one of the living units and it is necessary for the owner to use either a bathroom or kitchen facility common with the prospective tenant(s).

b. Nothing in this section shall be deemed to permit any rental or occupancy of any dwelling unit or commercial space otherwise prohibited by law.

c. Nothing in this chapter shall be construed to prohibit a requirement for a guarantor or co-signer based on amount of income or credit worthiness.

4-16.5 Civil injunctive relief. Any aggrieved person may enforce the provisions of this section by means of a civil injunctive action. Any person who commits, or proposes to commit, an act in violation of this section may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this section may be brought by any aggrieved person, by county counsel, the district attorney, the city attorney, or by any person or entity which will fairly and adequately represent the interests of the protected class.

4-16.6 Civil liability. Any person who violates any of the provisions of this section or who aids in the violation of any provisions of this section is liable for special and general damages, , or up to three times the amount of one month's rent that the landlord charges for the unit in question. The court may award in addition thereto not less than two hundred ($200.00) dollars but not more than four hundred ($400.00) dollars, together with attorney's fees, costs of action, and punitive damages. Civil actions filed pursuant to this section must be filed within one year of the alleged discriminatory acts.

4-16.7 Criminal penalty. Any person who violates any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand ($1,000.00) dollars or by imprisonment in the county jail for a period not exceeding six months, or both.

4-16.8 Definitions. For purposes of this section, the following definitions shall apply:

a. "Source of income" as used in this chapter means all payments from a rental assistance program, homeless assistance program, security deposit assistance program or housing subsidy program, provided such funds are not paid directly to the tenant.

b. "Person" means any individual, firm, corporation, or other organization or group of persons however organized.

(Ord. No. 1641, § 2(Exh. A), 9-11-2018)

4-17.1 Purpose.

a. It is the purpose and intent of this section to provide housing security and stability through adoption of local protections against arbitrary terminations of residential tenancies and to increase certainty and fairness in the residential rental market within the city in order to promote the health, safety, and general welfare of the residents and property owners within the City of Novato.

b. This section is enacted to further the purposes of and in partial reliance on the statewide rent control regulations codified in Civil Code Section 1947.12, part of the Tenant Protection Act of 2019 ("Act"), and in California Penal Code Section 396 during times of declared emergency. This section is intended to exercise the city's Constitutional Police Power in Article XI, Sections 5 and 7 of the California Constitution and the authority granted in Government Code Section 1946.2.

c. This section is intended to provide greater tenant protections beyond those provided by the act by applying to a greater number of tenants than the act, increasing residential tenant relocation assistance, prescribing required notice of tenants' rights under this section, and establishing certain additional rights and remedies for tenants. This section is also intended to support the interests of residential property owners in: enforcing the lawful terms of their rental agreements; renting their property for temporary tenancies; and exiting the rental housing market, including upon sale of a rental unit.

d. Nothing in this section shall abrogate the statutory protections afforded to residential real property owners seeking to withdraw from rent or lease all accommodations as defined by and in accordance with the Ellis Act (Government Code section 7060 et seq.) or to survivors of violence consistent with the California Code of Civil Procedure Section 1161.3, and the Violence Against Women Act, Public Law 102-322, as amended from time to time.

4-17.2 Definitions.

a. "Buyout agreement" shall mean an agreement in which a landlord pays a tenant money or other consideration to vacate a rental unit. An agreement to settle an unlawful detainer action pending in court does not constitute a "buyout agreement."

b. "Buyout offer" shall mean offer, written or oral, by a landlord to pay a tenant money or other consideration to vacate a rental unit. An offer to settle an unlawful detainer action pending in court does not constitute a "buyout offer."

c. "City" shall mean the City of Novato, a municipal corporation.

d. "Community development director" shall mean the director of the city's department of community development or their authorized representative.

e. "City manager" means the City of Novato city manager or their authorized representative.

f. "Consumer Price Index" or "CPI" means the Consumer Price Index for all urban consumers in the San Francisco/Oakland area published by the Bureau of Labor Statistics.

g. "Disabled" shall have the same meaning as in Section 12955.3 of the Government Code.

h. "Dwelling unit" shall mean each single-family rental unit and each unit of a duplex, multiple dwelling structure, townhouse or condominium designed as a separate habitation for one or more persons.

i. "Housing services" means services that include, but are not limited to, repairs, maintenance, painting, providing light, heat, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, utilities that are not individually metered, refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants, and any other benefit, privilege or facility connected with the use of occupancy of any rental unit. Housing services to a rental unit shall include a proportionate share of services provided to common facilities of the building in which the rental unit is contained.

j. "HUD FMR rent" shall mean the fair market rent published by the U.S. Department of Housing and Urban Development for the applicable year for Marin County.

k. "Landlord" means an owner, lessor, sublessor, or any other person entitled to receive rent for the use or occupancy of any rental unit, or an agent, representative or successor of any of the foregoing.

l. "Permanent relocation payment" means the payment required to be paid to a tenant household by any landlord (i) who takes action to terminate a tenancy pursuant to subsection 4-17.5(C)(2) (owner move-in) or subsection 4-17.5(C)(3) (withdrawal from rental market); or (ii) when a tenant household has elected to permanently vacate pursuant to subsection 4-17.8(A)(5) (substantial renovation) or (B)(5) (government order to vacate).

m. "Primary residence" means a dwelling unit that an owner occupies as a primary residence, as evidenced by the dwelling unit qualifying for a homeowner's property tax exemption.

n. "Property" means all rental units on a parcel or lot or contiguous parcels or contiguous lots under common ownership.

o. "Qualifying relative" means the spouse, domestic partner, children, grandchildren, parents or grandparents of a landlord.

p. "Rent" means the consideration paid for the right of use, possession and occupancy of property and all housing services provided therewith.

q. "Rent differential payment" means the payment equal to the difference between the lawful rent that a tenant household was paying at the time of notice of displacement from a unit and the fair market rent, as established by the payment standards for the Section 8 Housing Choice Voucher Program in the County of Marin based on rental market information published each year by the U.S. Department of Housing and Urban Development, for a comparable rental unit based on the number of bedrooms. Where the lawful rent being paid at the time of displacement exceeds the applicable fair market rent established by the U.S. Department of Housing and Urban Development, no rent differential payment is required.

r. "Rental unit" means any dwelling unit (whether approved to be used as such or not), building, structure, part thereof, or land appurtenant thereto, rented or offered for rent for residential purposes, even if the property itself is not zoned for such use, together with all housing services connected with the use or occupancy of such dwelling unit such as common areas and recreational facilities held out for use by the tenant.

s. "Substantial renovation" means repair or renovation work performed by a landlord in good faith, on a rental unit or on the building or structure containing the rental unit, after the landlord has obtained all necessary permits from the city that cannot be performed while the tenant occupies the rental unit and that improves the property by prolonging its useful life or adding value. Substantial renovation must additionally involve one of the following:

1. Replacement or substantial modification of any structural, electrical, plumbing or mechanical system that requires a permit under the city's municipal code; or

2. Abatement of hazardous materials, including without limitation lead-based paint, mold, pests, or asbestos, in accordance with applicable federal, state and local laws.

t. "Temporary relocation payment" means the payment required to be paid to a tenant by any landlord (i) who takes action to temporarily vacate a rental unit to undertake substantial renovation work; or (ii) when the tenant household has temporarily vacated a rental unit in compliance with a governmental agency's order to vacate, provided that the tenant household has not elected to permanently vacate pursuant to subsection 4-17.8(A)(5) or (B)(5).

u. "Temporary tenancy" means a tenancy in the primary residence of the owner that is less than 12 months in duration pursuant to an agreement specifying a date when the rental agreement will expire and the tenant shall surrender the unit so the owner may re-occupy it as their primary residence.

v. "Tenant" means a person entitled by written or oral agreement with a landlord to use or occupy a rental unit in the city.

w. "Tenant household" means all tenant(s) who occupy any rental unit in the city and includes tenant relatives whose primary residence is the rental unit.

4-17.3 Applicability.

a. General Application. Except as provided in subsection (B) of this section, the provisions of this section shall apply to tenants and tenant households on the first day of the term of rental agreements for rental units:

1. That contain a separate bathroom, kitchen, and living area in a multifamily or multipurpose dwelling structure;

2. In single room occupancy residential structures; or

3. In any structure that is being used for residential uses whether or not the residential use is a conforming use permitted under the city's zoning ordinance, that is hired, rented, or leased to a household within the meaning of Civil Code Section 1940. This includes any dwelling unit that is actually used for residential purposes, including live-work spaces, whether or not the residential use is legally permitted.

b. Exemptions. Notwithstanding subsection (A), the provisions of this section shall not apply to:

1. Transient and tourist occupancies as defined in Civil Code Section 1940(b). This exemption does not apply (i) to a tenant who has resided at the property for more than 30 continuous days; (ii) a tenant who has entered into an agreement to lease a rental unit for 30 days or more; or (iii) where a landlord has violated Civil Code 1940.1 with regard to the tenant.

2. Rental units in any hospital; convent; monastery; residential care facility for the elderly or community care facility, as those terms are defined in section 19.60.020; extended medical care facility; non-profit home for the aged; or dormitory as defined in Building Code Section 202 that is solely owned and operated by an accredited institution of higher education.

3. Dormitories or dwelling units owned and operated by an institution of higher education or a kindergarten and grades one to 12, inclusive, school in the city.

4. On-site property manager units occupied solely by an employee whose right to occupy is conditioned on employment, provided the employee was not a tenant prior to employment and pays no rent.

5. A rental unit that is the primary residence of the landlord and has been since the inception of the tenancy and in which the landlord shares a bathroom or kitchen with a tenant.

6. Temporary tenancies, as defined herein.

7. Single-family owner-occupied residences, including both of the following:

(a) A residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.

(b) A mobilehome.

8. A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner's principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.

9. Residential real property, including a mobilehome, that is alienable separate from the title to any other dwelling unit, provided that the owner is not any of the following:

(a) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.

(b) A corporation.

(c) A limited liability company in which at least one member is a corporation.

(d) Management of a mobilehome park, as defined in Section 798.2.

4-17.4 Notice of Tenant Rights.

a. Landlords must provide each tenant household a current written notice of rights under this section:

1. Within 90 calendar days of this section taking effect, including any amendment thereof;

2. When entering a lease or rental agreement;

3. When renewing a lease or rental agreement;

4. Concurrently with any notice of a rent increase or change of any term of tenancy;

5. When a landlord lists the property for sale; and

6. Within 30 days of acquiring title to the unit or property and before.

b. Notices provided under this section shall be in English and Spanish. If the lease or rental agreement governing a rental unit to which this section applies is in a language other than English or Spanish, or if a tenant requests that the notice be provided in a language other than English or Spanish, the landlord must also provide an accurate translation of the notice of tenant rights in the language of the lease or rental agreement or the language requested by the tenant.

c. Failure to comply with the notice requirements in this section shall render any rental increase or change in terms of tenancies or termination of tenancy notice invalid and unenforceable until such non-compliance is cured. Failure to comply with the notice requirements of this section may only be cured by providing notice of tenant rights in accordance with this section.

4-17.5 Just Cause Requirements for Termination of Tenancy. Landlords are prohibited from terminating tenancies to which this section applies unless the termination is for an "at-fault" or "no-fault" just cause in accordance with this section, and unless and until the landlord first satisfies the termination prerequisites specified in this section.

a. Termination Requirements.

1. In order to lawfully terminate a residential tenancy to which this section applies, a landlord must:

(a) Provide a current notice of tenant rights in accordance with section 4-17.4;

(b) Serve a written notice of termination that meets the content requirements of section 4-17.6; and

(c) For "no-fault" just cause terminations, comply with the applicable requirements of sections 4-17.7, 4-17.8, and 4-17.9.

b. At-Fault Just Cause. The following circumstances with respect to a tenancy to which this section applies qualify as at-fault just causes for termination of the tenancy as permitted by this section.

1. Failure to Pay Rent. The tenant failed to pay rent within three days of receiving written notice from the landlord demanding payment in accordance with subsection 2 of Code of Civil Procedure Section 1161, unless the tenant has withheld rent in accordance with the terms of the rental agreement or applicable local, state, or federal law.

(a) Tenants may raise as a defense to an unlawful detainer action to recover possession of a unit for failure to pay rent that the landlord refused to accept rent paid on behalf of the tenant by a third party, or is refusing to provide a W-9 form or other necessary documentation for the tenant to receive rental assistance from a government agency, non-profit organization, or other third party.

2. Breach of Written Rental Agreement. The tenant has committed a breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, after being issued a written notice to correct the violation.

3. Nuisance. The tenant has maintained, committed or permitted the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

4. Failure to Provide Reasonable Access. The tenant has refused to grant the landlord reasonable access to the residential real property as authorized by Sections 1101.5 and 1954 of the Civil Code and Sections 13113.7 and 17926.1 of the Health and Safety Code.

5. Committing Waste. The tenant has committed waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

6. Prohibited Assignment, Subletting. The tenant has assigned or sublet the premises in violation of the tenant's lease or rental agreement, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

(a) Notwithstanding the foregoing, a landlord shall not endeavor to recover possession of a rental unit as a result of the addition to the rental unit of a tenant's spouse, domestic partner, child, parent, grandchild, grandparent, or the spouse or domestic partner (as defined in California Family Code Section 297) of any such relatives, so long as the number of occupants does not exceed the maximum number of occupants as determined under Section 503(b) of the Uniform Housing Code as incorporated by California Health and Safety Code Section 17922.

7. Refusal to Enter a New Lease. The tenant had a written lease that terminated on or after the effective date of this section, and after a written request or demand from the landlord, the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law.

8. Failure to Vacate. The employee, agent, or licensee's failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure.

9. Criminal Activity. Criminal activity by the tenant on the property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the property, that is directed at any owner or agent of the owner of the property.

10. Unlawful Purpose. Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

11. Failure to Deliver Possession. When the tenant provides written notice as provided in Civil Code Section 1946 of the tenant's intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure.

c. No-Fault Just Cause. The following circumstances with respect to a tenancy to which this section applies qualify as no-fault just causes for termination of the tenancy as permitted by this section.

1. Temporarily Vacate in Order to Undertake Substantial Renovation. The temporary vacation of a rental unit to perform substantial renovation work on a rental unit or the building or structure containing the rental unit, provided that the landlord has obtained all necessary permits from the city and complies with all other applicable requirements of this section.

2. Owner Move-In. The repossession of a rental unit so it may be occupied by the landlord or the landlord's spouse, domestic partner, children, grandchildren, parents, or grandparents as a primary residence, provided that the landlord has complied with all other applicable requirements of this section.

(a) A landlord, as used in this subsection, shall only include a landlord that is a natural person who has at least a 51 percent recorded ownership interest in the property, including but not limited to a natural person who is a settlor or beneficiary of a family trust, partnership, or limited liability company who has at least a 51 percent ownership interest in the property.

3. Withdrawal from Rental Market. The withdrawal of a rental unit from the rental market, including, but not limited to, for the purposes of demolition. Nothing in this section shall apply to abrogate the statutory protections afforded to residential real property owners seeking to withdraw from rent or lease all accommodations as defined by and in accordance with the Ellis Act (Government Code section 7060 et seq.).

4-17.6 Notice of Termination. In addition to any applicable notice requirements established by state, federal, or local law, a landlord shall serve a written notice of termination that complies with all of the following:

a. Contents of Notice of Termination. Each notice of termination of a rental agreement to which this section applies must include:

1. The name and address of the landlord (or agent) for service of process;

2. The full address of the rental unit subject to the notice;

3. The date the notice is to be served;

4. The current monthly rent;

5. The start date of the tenancy and initial monthly rent.

6. The just cause asserted for termination of the tenancy in accordance with section 4-17.5. If the just cause is no-fault, the notice shall also include a statement of relocation assistance rights afforded under sections 4-17.8 or 4-17.9.

b. Language of Notice of Termination. Notices provided under this section shall be in English and Spanish. If the lease or rental agreement governing a rental unit to which this section applies is in a language other than English or Spanish, or if a tenant requests that the notice be provided in a language other than English or Spanish, the landlord must also provide an accurate translation of the notice of termination in the language of the lease or rental agreement or the language requested by the tenant.

c. Copy Provided to City. A landlord must provide a copy of a notice of termination to the City of Novato's community development department within ten days of serving the notice of termination to a tenant household.

d. 30-Day Notice. Except where a greater period of notice is required by applicable state, federal, local law, the terms of a particular rental or lease agreement, or this section, any notice of termination for a no-fault just cause shall be served no less than 30 days prior to the effective date of termination.

4-17.7 Additional Requirements for No-Fault Terminations.

a. Temporary Vacation for Substantial Renovation. A landlord seeking to temporarily terminate a tenancy to perform substantial renovation work in accordance with subsection 4-17.5(C)(1) must first, in addition to giving notice as required by sections 4-17.4 and 4-17.6 and complying with section 4-17.8, provide the tenant household a copy of any issued permits for the work and a notice describing:

1. The nature and scope of the rehabilitation work;

2. Why the renovation work requires the tenant household to vacate the tenancy;

3. The need to relocate and the tenant household's rights to temporary relocation assistance and to return and re-rent the unit at the same rental rate and under the same terms that were in effect at the time of notice, subject to any lawful annual rent adjustments;

4. The tenant household's right to permanent relocation assistance if the tenant household elects to permanently vacate the unit; and

5. How the renovations meet the definition of substantial renovation as set forth in this section.

b. Owner Move-In.

1. A landlord terminating a tenancy pursuant to subsection 4-17.5(C)(2) to permit a qualifying relative to occupy the rental unit must first, in addition to giving notice as required by sections 4-17.4 and 4-17.6 and complying with section 4-17.9, provide the tenant household a notice containing the name and relationship to the landlord of the qualifying relative intending to occupy the rental unit.

2. The landlord or the identified qualifying relative specified on the notice terminating tenancy must move into the rental unit within 90 days after the tenant household vacates and occupy the rental unit as their primary residence for at least 12 consecutive months.

(a) If the intended occupant moves into the rental unit within ninety (90) days after the tenant vacates, but dies before having occupied the rental unit as a primary residence for 12 months, this will not be considered a failure to comply with this section or a material violation of this section by the landlord.

3. If the landlord or identified qualifying relative specified on the notice terminating tenancy fails to occupy the rental unit within 90 days after the tenant household vacates or fails to occupy the rental unit as a primary residence of at least 12 consecutive months, the landlord shall:

(a) Re-offer the rental unit to the tenant household who was vacated from the unit at the same rental rate and under the same terms in effect at the time the notice to vacated was served, subject to any lawful annual adjustments; and

(b) Pay the tenant household's reasonable and documented moving expenses to (i) vacate the unit and move to alternate accommodations and (ii) return back to the original, vacated unit, should the tenant elect to move back into the rental unit, including any applicable lease termination fees. This subsection does not limit any other remedies a tenant may have under this section or applicable law.

4. If the landlord or identified qualifying relative specified on the notice terminating tenancy fails to occupy the rental unit within 90 days after the tenant household vacates or fails to occupy the rental unit as a primary residence for at least 12 consecutive months as required herein, and the previous tenant household declines to move back into the rental unit, then any new tenant household moving into the rental unit will have as their original base rent the rent in effect at the time the previous tenant household vacated, subject to any lawful annual adjustments.

5. A landlord may not evict a tenant household to recover possession of a rental unit under this subsection if a comparable rental unit, as defined in subsection 4-17.8(F)(2), exists on the property that is occupied by a tenant household who moved onto the property more recently than the tenant household from whom the landlord seeks to recover possession.

c. Withdrawal from Rental Market.

1. Landlords terminating a tenancy in order to withdraw a rental unit from the rental market in accordance with subsection 4-17.5(C)(3) must, in addition to giving notice in accordance with sections 4-17.4 and 4-17.6 and complying with section 4-17.9, provide the tenant household a notice of intent to withdraw the rental unit which includes the following statement:

"If this unit is offered for rent or lease again within two years of the date the rental unit was withdrawn from the rental market, the landlord must offer you the opportunity to re-rent your unit with a renewed rental agreement containing the same terms as your most recent rental agreement at the rental rate that was in effect at the time you vacated (subject to legal, annual rent adjustments). You must notify the owner within 30 days of receipt of the offer to re-rent of your acceptance of the offer and provide an address to which an offer is to be directed. You must reoccupy the unit within 30 days of notifying the landlord of your acceptance of the offer."

2. Any landlord who offers the rental unit for rent or lease again within two years of the date the rental unit was withdrawn from the rental market shall offer to re-rent the unit to the evicted tenant household with a renewed rental agreement containing the same terms and conditions as the tenant household's most recent rental agreement for the unit at the rental rate that was in effect on the date of withdrawal, subject to any legal annual rent adjustments, provided that the tenant has advised the landlord in writing within 30 days of eviction of their desire to consider an offer to renew the tenancy and has furnished the landlord with an address to which that offer is to be directed. The tenant may advise the landlord at any time of a change of address to which an offer is to be directed.

3. Subsections (C)(1) and (2) shall not apply where a landlord exercises their right to withdraw all accommodations at a property from the rental market as authorized by and in accordance with the Ellis Act (Government Code Section 7060 et seq.).

d. In addition to the foregoing, landlords shall provide the applicable relocation assistance required for no-fault terminations as set forth in sections 4-17.8 and 4-17.9.

4-17.8 Temporary Relocation Assistance. A landlord has a duty to mitigate the impact of displacement for substantial renovations or a governmental order to vacate not caused by the tenant household, as follows:

a. Substantial Renovations.

1. Thirty Days or Fewer. For the first 30 consecutive calendar days of displacement due to a substantial renovation, including when a tenant household is temporarily displaced for fewer than 30 consecutive calendar days in total, a landlord must provide the tenant household with a per diem payment calculated in accordance with subsection 4-17.8(C) below for each day of displacement.

2. More than 30 Days and Less Than 180 Days. When a tenant household is temporarily displaced for more than 30 consecutive calendar days, but fewer than 180 consecutive calendar days, a landlord must provide the tenant household with a payment equal to one month's rent that was in effect when the notice to terminate was issued plus a rent differential payment calculated in accordance with subsection 4-17.2(Q). This payment shall be provided on the 31 st consecutive day of displacement and every 30 days thereafter. Where displacement occurs for less than a full increment of 30 days, payment shall be calculated on a pro rata basis based on the actual number of days of displacement.

3. One Hundred Eighty Days. When a tenant household is displaced for 180 consecutive calendar days, a landlord must provide the tenant household with a payment equal to two times the HUD FMR rent for the most similar unit type based on the number of bedrooms in the rental unit, but in no case less than one month's rent for the rental unit that was in effect when the notice to terminate tenancy was issued. Such payment shall be calculated on a per-dwelling unit basis, without reference to the number of tenants in the dwelling unit. This payment shall be provided on the 180 th consecutive calendar day of displacement.

4. Payment of Rent. A tenant shall continue to pay lawful rent to the landlord for the rental unit in order to receive the temporary relocation assistance provided for in subsections (A)(1) and (A)(2) above.

5. Permanent Vacation. Within 30 days of receipt of the written notice to terminate, a tenant household may elect to permanently vacate the rental unit and terminate the rental agreement. Within 15 calendar days of notice of the tenant household's election to permanently vacate, the landlord must provide the tenant household with a permanent relocation payment equal to two times the HUD FMR rent for the most similar unit type based on the number of bedrooms in the rental unit, but in no case less than one month's rent for the rental unit that was in effect when the notice to terminate tenancy was issued, plus the tenant household's reasonable and documented moving expenses to vacate the unit. Such payment shall be calculated on a per-dwelling unit basis, without reference to the number of tenants in the dwelling unit.

6. Right of Return. Within 30 calendar days of completion of the substantial renovation work, the landlord must provide the vacated tenant household with a written offer to reoccupy the unit at the lawful rental rate in effect when the notice required by subsection 4-17.7(C) was served, plus any lawful annual rent adjustments applied thereafter, under the same terms in effect when the notice to vacate was served, unless the tenant household has elected to permanently vacate pursuant to subsection 4-17.8(A)(5). A tenant household has 30 days to accept a written offer to reoccupy the unit.

7. Exceptions. A tenant shall not be entitled to relocation assistance pursuant to this subsection (A) if the condition giving rise to the substantial renovation work was (i) caused or substantially contributed to by that tenant, tenant household, or a guest or invitee thereof; or (ii) a result of a natural disaster beyond the control of the landlord and the landlord did not cause or contribute to the condition.

b. Governmental Order to Vacate.

1. Thirty Days or Fewer. For the first 30 consecutive calendar days of displacement due to a governmental order to vacate, including when a tenant household is temporarily displaced for fewer than 30 consecutive calendar days in total, a landlord must provide the tenant household with a per diem payment calculated in accordance with subsection 4-17.8(C) below for each day of displacement.

2. More than 30 Days and Less Than 180 Days. When a tenant household is temporarily displaced for more than 30 consecutive calendar days, but fewer than 180 consecutive calendar days, a landlord must provide the tenant household with a payment equal to one month's rent that was in effect when the order to vacate was issued plus a rent differential payment calculated in accordance with subsection 4-17.2(Q). This payment shall be provided on the 31 st consecutive day of displacement and every 30 days thereafter. Where displacement occurs for less than a full increment of 30 days, payment shall be calculated on a pro rata basis based on the actual number of days of displacement.

3. One Hundred Eighty Days. When a tenant household is displaced for 180 consecutive calendar days, a landlord must provide the tenant household with a payment equal to two times the HUD FMR rent for the most similar unit type based on the number of bedrooms in the rental unit, but in no case less than one month's rent for the rental unit that was in effect when the order to vacate tenancy was issued. Such payment shall be calculated on a per-dwelling unit basis, without reference to the number of tenants in the dwelling unit. This payment shall be provided on the 180 th consecutive calendar day of displacement.

4. Payment of Rent. A tenant shall continue to pay lawful rent to the landlord for the rental unit in order to receive the temporary relocation assistance provided for in subsections (B)(1) and (B)(2) above.

5. Permanent Vacation. Within 30 days of receipt of the governmental order to vacate, a tenant household may elect to permanently vacate the rental unit and terminate the rental agreement. Within 15 calendar days of notice of the tenant household's election to permanently vacate, the landlord must provide the tenant household with a permanent relocation payment equal to two times the HUD FMR rent for the most similar unit type based on the number of bedrooms in the rental unit, but in no case less than one month's rent for the rental unit that was in effect when the notice to terminate tenancy was issued, plus the tenant household's reasonable and documented moving expenses to vacate the unit. Such payment shall be calculated on a per-dwelling unit basis, without reference to the number of tenants in the dwelling unit.

6. Right of Return. Within 30 calendar days of the lifting of the order to vacate by the issuing governmental agency, the landlord must provide the vacated tenant household with a written offer to reoccupy the unit at the lawful rental rate in effect when the order to vacate was issued, plus any lawful annual rent adjustments applied thereafter, under the same terms in effect when the order to vacate was issued, unless the tenant household has elected to permanently vacate pursuant to subsection 4-17.8(B)(5). A tenant household has 30 days to accept a written offer to reoccupy the unit.

7. Exceptions. A tenant shall not be entitled to relocation assistance pursuant to this subsection (B) if the governmental enforcement agency determines that the condition giving rise to the order to vacate was (i) caused or substantially contributed to by that tenant, tenant household, or a guest or invitee thereof; or (ii) a result of a natural disaster beyond the control of the landlord and the landlord did not cause or contribute to the condition, as contemplated by subsection 17975.4 of the Health and Safety Code.

c. "Per Diem" Temporary Relocation Assistance.

1. When a tenant household is temporarily displaced for a period of 30 consecutive calendar days or less, the landlord shall pay the tenant household the following per diem amounts for each day of displacement in accordance with subsections (A)(1) or (B)(1) above:

(a) $250.00 per tenant household.

2. The amounts of per diem temporary relocation assistance established herein shall be adjusted yearly based on the percentage change in Consumer Price Index or four percent, whichever is lower.

d. Additional Relocation Assistance. Any temporary relocation assistance provided for herein shall be in addition to, and shall not limit or replace, any and all payments, rights, or benefits to which a tenant may be entitled under California Health and Safety Code Section 17975 et seq.

e. Security Deposits and Amounts Owed. Any temporary relocation assistance provided for herein shall be in addition to, and shall not limit or replace, any and all payments due or owed to be returned to a tenant household in the form of a security deposit, last month's rent, or any other deposits or prepaid amounts.

f. Offer of Comparable Unit.

1. Notwithstanding subsections (A), (B), or (C) of this section, a landlord, in lieu of making temporary relocation assistance payments, may offer a tenant household a comparable rental unit located in Novato and within 15 miles of the vacated unit while the work on the displaced tenant household's rental unit is being completed.

2. For purposes of this subsection, a comparable rental unit shall mean a rental unit that is similar in size or larger; has the same number of bedrooms or additional bedroom(s); has similar amenities in the rental unit (e.g., cable television, washer/dryer); has similar amenities on the rental unit property (e.g., on-site parking, covered parking, laundry facilities or exercise facilities); allows pets, if the displaced tenant has a pet; and, as to a tenant who is disabled, is disability accessible and ADA compliant. The tenant household may waive any of these factors in deciding whether to accept a rental unit as comparable.

3. If the tenant household accepts the offer to occupy the comparable rental unit, the tenant household shall pay no more than the lawful rent the tenant household was paying at the time of receipt of the notice to temporarily terminate the tenancy or the order to vacate from a governmental agency, plus any lawful annual rent adjustments. If the tenant household accepts the offer to occupy the comparable rental unit, the landlord shall pay the tenant household's reasonable and documented moving expenses to (i) vacate the unit and move into the comparable rental unit and (ii) return back into the original, vacated unit upon completion of the substantial renovation work or lifting of the order to vacate, should the tenant household elect to move back into the rental unit, including any applicable lease termination fees. This subsection does not limit any other remedies a tenant may have under this section or applicable law.

g. Failure to Vacate. If a tenant or tenant household fails to vacate a rental unit after the expiration of a notice to terminate the tenancy that has been lawfully given in accordance with this section, the landlord may recover the actual amount of any relocation assistance provided pursuant to this section as damages in an action to recover possession of the dwelling unit.

h. Failure to Provide Temporary Relocation Assistance. If a landlord fails to provide temporary relocation assistance payments in accordance with this section, in addition to any other remedy under this section, or at law, a tenant may pursue a civil action for two times the amount of relocation assistance they would have been entitled to, costs of suit, and reasonable attorney's fees. The statute of limitations for any such claims shall be three years. The remedies provided by this section are cumulative and may be used in addition to any other remedy in this section, at law, statute or ordinance.

i. Alternate Agreements. Nothing in this section may be construed to prohibit a landlord and tenant household from agreeing to relocation assistance exceeding the relocation assistance required pursuant to this section. Landlords and owners of dwelling units to which this section applies are prohibited from attempting to convince a tenant to waive the tenant's right to relocation assistance or to accept relocation assistance that is less than that required pursuant to this section.

4-17.9 No-Fault Permanent Relocation Assistance.

a. Amount of No-Fault Permanent Relocation Assistance. In the event of termination of a tenancy for no-fault just cause pursuant to subsection 4-17.5(C)(2) (owner move-in) or (C)(3) (withdrawal from rental market), the landlord must provide permanent relocation assistance in the form of a direct payment to a tenant household that is equal to the following amounts:

1. For no-fault just cause pursuant to subsection 4-17.5(C)(2) (owner move-in): One month of the HUD FMR rent for the most similar unit type based on the number of bedrooms in the rental unit, but in no case less than one month's rent for the rental unit that was in effect when the notice to terminate tenancy was issued, plus the tenant household's reasonable and documented moving expenses to vacate the unit. Such payment shall be calculated on a per-dwelling unit basis, without reference to the number of tenants in the dwelling unit.

2. For no-fault just cause pursuant to subsection 4-17.5(C)(3) (withdrawal from rental market): Two months of the HUD FMR rent for the most similar unit type based on the number of bedrooms in the rental unit, but in no case less than one month's rent for the rental unit that was in effect when the notice to terminate tenancy was issued, plus the tenant household's reasonable and documented moving expenses to vacate the unit. Such payment shall be calculated on a per-dwelling unit basis, without reference to the number of tenants in the dwelling unit.

b. Payment Process. For permanent relocation assistance, the landlord shall provide the full amount of the relocation assistance owed to the tenant household in certified funds within 15 calendar days of service of the notice of termination.

c. Additional Relocation Assistance. Any relocation assistance provided for herein shall be in addition to, and shall not limit or replace, any and all payments, rights, or benefits to which a tenant may be entitled under California Health and Safety Code Section 17975 et seq.

d. Security Deposits and Amounts Owed. Any relocation assistance provided for herein shall be in addition to, and shall not limit or replace, any and all payments due or owed to be returned to a tenant household in the form of a security deposit, last month's rent, or any other deposits or prepaid amounts.

e. Failure to Vacate. If a tenant or tenant household fails to vacate a rental unit after the expiration of a notice to terminate the tenancy that has been lawfully given in accordance with this section, the landlord may recover the actual amount of any relocation assistance provided pursuant to this section as damages in an action to recover possession of the dwelling unit.

f. Failure to provide permanent relocation assistance. If a landlord fails to provide permanent relocation assistance in accordance with this section, in addition to any other remedy under this section, or at law, a tenant may pursue a civil action for two times the amount of relocation assistance they would have been entitled to, costs of suit, and reasonable attorney's fees. The statute of limitations for any such claims shall be three years. The remedies provided by this section are cumulative and may be used in addition to any other remedy in this section, at law, statute or ordinance.

g. Alternate Agreements. Nothing in this section may be construed to prohibit a landlord and tenant or tenant household from agreeing to relocation assistance exceeding the relocation assistance required pursuant to this section. Landlords and owners of dwelling units to which this section applies are prohibited from attempting to convince a tenant to waive the tenant's right to relocation assistance or to accept relocation assistance that is less than that required pursuant to this section, and any agreement purporting to waive the tenant's right to relocation assistance or provide relocation assistance that is less than that required pursuant to this section shall be void as against public policy.

4-17.10 Buy-Out Offers, Agreements and Disclosures. Nothing in this section shall be construed as prohibiting a landlord from making a buyout offer or entering into a buyout agreement, subject to the following:

a. Disclosure. No less than ten days prior to making a buyout offer for a rental unit, the landlord shall provide each tenant with a written notice that includes the following:

1. A statement that the tenant has a right not to enter into a buyout agreement;

2. A statement that the tenant may choose to consult with an attorney before entering into a buyout agreement;

3. A statement that the tenant may rescind the buyout agreement for up to 30 days after it is fully executed;

4. A statement that the tenant may consult with Legal Aid of Marin with respect to the buyout agreement; and

5. A space for each tenant to sign and write the date the landlord provided the tenant with the disclosure.

b. Right to Rescind. A tenant shall have the right to rescind a buyout agreement for up to 30 days after its execution by all parties. To rescind a buyout agreement, the tenant must hand-deliver, e-mail, or place in the U.S. mail a statement to the landlord indicating that the tenant has rescinded the buyout agreement no later than 30 days after its execution by all parties. Every buyout agreement shall be in writing and include the following statement in bold letters in at least 14-point type in close proximity to the space reserved for the signature of the tenant(s):

"You may cancel this agreement in writing at any time before the thirtieth day after all parties have signed this agreement. You have a right not to enter into a buyout agreement. You may choose to consult with an attorney before signing this agreement."

c. A landlord shall retain a copy of all signed disclosure forms required by subsection (B)(1) and all executed buyout agreements for a minimum of five years. A landlord shall provide each tenant a copy of the buyout agreement at the time of execution.

4-17.11 Prohibited Acts. No landlord or agent thereof shall:

a. Enter into an agreement or attempt to enforce an agreement with a tenant which prohibits or limits the tenant from participating in the city's public process, including speaking at a meeting of the city council, submitting written comments to the city, or otherwise communicating with city elected officials, appointed officials and employees on any subject;

b. Enter into an agreement with a tenant containing a waiver of any provision of this section or attempt to secure from a tenant a waiver of any provision of this section;

c. Decrease levels of housing services or increase rent or other service charges with the intent to retaliate against a tenant for the tenant's assertion or exercise of rights pursuant to this section or under applicable state or federal law;

d. Remove from a rental unit personal property, furnishings, or any other items without the prior written consent of the tenant, except when done in accordance with the procedures set forth in Civil Code Section 1980, et seq.;

e. Influence or attempt to influence a tenant to vacate a rental unit through fraud, coercion, or threats of violence;

f. Offer payments to a tenant to vacate within three months after the tenant has notified the landlord in writing that the tenant does not desire to receive further offers of payments to vacate;

g. Interfere with a tenant's right to quiet use and enjoyment of a rental unit as that right is defined by California law;

h. Refuse to accept or acknowledge receipt of a tenant's lawful rent payment actually received; or

i. Interfere with the right of tenants to organize as tenants and engage in concerted activities with other tenants for the purpose of mutual aid and protection; provide property access to tenant organizers, advocates, or representatives working with or on behalf of tenants living at a property; convene tenant or tenant organization meetings in an appropriate space accessible to tenants under the terms of their rental agreement; or distribute and post literature informing other tenants of their rights and of opportunities to involve themselves in their project in common areas, including lobby areas and bulletin boards.

4-17.12 Affirmative Defense; Penalties and Remedies.

a. Affirmative Defense. A landlord's failure to comply with any requirement of this section shall be an affirmative defense to an unlawful detainer action.

b. Civil Liability. Whenever a landlord or anyone assisting a landlord wrongfully endeavors to recover possession or recovers possession of a rental unit in violation of this section, attempts to prevent a tenant from acquiring or exercising the tenant's rights under this section, retaliates against a tenant or tenant household for the exercise of their rights under this section, fails to pay any of the relocation required by this section, or otherwise violates the requirements of this section in any way, the tenant, tenant household, or the city may institute a civil proceeding for money damages or injunctive relief, or both. Landlords found to have violated this section shall be subject to appropriate injunctive relief and liable to the tenant in a civil action for all of the following: (i) actual damages; (ii) in the court's discretion, reasonable attorney's fees and costs; and (iii) in the court's discretion, upon a showing that the landlord has acted willfully or with oppression, fraud, or malice, up to three times the actual damages. An award may also be entered for punitive damages for the benefit of the tenant against the landlord. The statute of limitations for all remedies under this subdivision shall be three years.

c. City Authorization to Enforce this Section.

1. The city shall have the right and authority, but not the duty, to enforce the requirements of this section by bringing actions for injunctive relief on behalf of the city or tenants or tenant households to which this section applies, and by seeking compliance by landlords with the requirements of this section through administrative remedies or by citation.

2. The city in its sole discretion may choose to enforce the provisions of this section through administrative fines and any other remedies provided herein. The city's decision to pursue or not pursue enforcement of any kind shall not affect the rights of tenants or tenant households to whom this section applies to pursue civil remedies for violations of this section.

d. Civil Action to Determine Liability. Any tenant may bring a civil action to determine the applicability of this section to a tenancy.

e. No Cause of Action Against the City. To the maximum extent permitted by law, nothing in this section may be construed to create a cause of action against the city, including but not limited to its officers, officials, or employees, or a basis for seeking an award of attorney's fees against the city pursuant to the private attorney general's statute in Code of Civil Procedure Section 1021.5, or on any other basis arising from or related to an alleged violation of the requirements of this section, and/or based on or related to the city's prosecution or enforcement or alleged failure to prosecute or enforce any such alleged violation, and/or based on or related to the city's implementation or alleged failure to implement the requirements of this section.

4-17.13 Administrative Regulations and Forms. The city manager is authorized to promulgate guidelines and regulations to implement this section, including but not limited to by publication of form notices and other documents. Any and all forms, notices and other documents necessary or helpful in the administration of this section may be adopted by the city manager in consultation with the city attorney.

(Ord. No. 1731, § 3(Exh. A), 4-28-2026)

Editor's note— Ord. No. 1586, § 3, adopted Dec. 3, 2013, repealed § 4-17 in its entirety, which pertained to adoption of the 2007 California Green Building Standards Code as amended and derived from Ord. No. 1539, § 1, adopted March 10, 2009; Ord. No. 1555, § 2, adopted Sept. 14, 2010; Ord. No. 1557, § 2, adopted Jan. 11, 2011. Subsequently, Ord. No. 1731, § 3(Exh. A), adopted April 28, 2026, enacted a new § 4-17 as set out herein.

4-18.1 Definitions.

a. Solar energy system means either of the following:

1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

b. Small residential rooftop solar energy system means all of the following:

1. A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or 30 kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and all state and city health and safety standards.

3. A solar energy system that is installed on a single- or duplex-family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as set forth by the applicable section of chapter 19 (zoning).

c. "Electronic submittal" means the utilization of one or more of the following:

1. Email;

2. The Internet;

3. Facsimile.

d. Association means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

e. Common interest development means any of the following:

1. A community apartment project.

2. A condominium project.

3. A planned development.

4. A stock cooperative.

f. Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

g. Reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

h. Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance means:

1. For water heater systems or solar swimming pool heating systems: an amount exceeding ten percent of the cost of the system but in no case more than one thousand ($1,000.00) dollars, or decreasing the efficiency of the solar energy system by an amount exceeding ten percent, as originally specified and proposed.

2. For photovoltaic systems: an amount not to exceed one thousand ($1,000.00) dollars over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten percent as originally specified and proposed.

i. Solar use permit means that use permit described by Government Code Section 65850.5 which is specifically applicable to solar energy systems and does not apply to any other project.

(Ord. No. 1602, § 2, 9-15-2015)

4-18.2 Purpose. The purpose of this section is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Government Code Section 65850.5) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. The provisions of this section encourage the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install solar energy systems. This section allows the city to achieve these goals while protecting the public, health, safety and welfare of the citizens of Novato. Nothing in this section is intended to create, nor shall it create, a mandatory duty upon the city or any of its officers, employees, or agents acting on behalf of the city.

(Ord. No. 1602, § 2, 9-15-2015)

4-18.3 Applicability.

a. This section applies to the permitting of all small residential rooftop solar energy systems in the city.

b. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this section are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

(Ord. No. 1602, § 2, 9-15-2015)

4-18.4 Solar Energy System Requirements.

a. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state, the City of Novato, and the Novato Fire Protection District.

b. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

c. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(Ord. No. 1602, § 2, 9-15-2015)

4-18.5 Duties of Building Division and Building Official.

a. All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible city website.

b. Electronic submittal of the required permit application and documents by email, the Internet, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants. Applications shall be considered complete when all information is received and payment made. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

c. All fees prescribed for the permitting of small residential rooftop solar energy system shall comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and Health and Safety Code Section 17951.

(Ord. No. 1602, § 2, 9-15-2015)

4-18.6 Permit Review and Inspection Requirements.

a. The building division shall adopt a standard plan and checklist for the administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems on or before the date that this ordinance takes effect. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall be available on the city's website and shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.

b. The building division shall issue a building permit the same day for over-the-counter applications or within three business days for electronic applications of receipt of a complete application which meets the requirements of the approved checklist and standard plan. The building official may require an applicant to apply for a solar use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the planning commission.

c. Review of the application shall be limited to the building official's review of whether the application meets local, state, and federal health and safety requirements.

d. If a solar use permit is required, the building official may deny an application for the solar use permit if the official makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the planning commission.

e. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

f. A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

g. Approval of an application shall not be conditioned upon the approval of an association, as defined in Section 4080 of the Civil Code.

h. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

i. Only one inspection shall be required and performed by the building division for small residential rooftop solar energy systems eligible for expedited review. A separate fire inspection may be required by the Novato Fire Protection District.

j. The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two business days of a request and provided a two-hour inspection window depending on workload and staff availability.

k. If a small residential rooftop solar energy system fails inspection, a subsequent inspection shall be required. Such subsequent inspection shall not be required to comply with the requirements of subsection j. above.

(Ord. No. 1602, § 2, 9-15-2015)

4-19.1 Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This section implements California Government Code Section 65850.7.

(Ord. No. 1620, § 2(Exh. A), 9-26-2017; Ord. No. 1696, § II, 1-10-2023)

4-19.2 Definitions. For purposes of this section, the following definitions shall apply:

a. Electric vehicle charging station or charging station means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

b. Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

c. Electronic submittal means the utilization of one or more of the following: electronic mail or email, the internet, or facsimile.

d. Chief building official means the Chief Building Official of the City of Novato or his/her designee.

e. Feasible method to satisfactorily mitigate or avoid the specific adverse impact includes, but is not limited to, any cost effective method, condition, or mitigation imposed on an application for a permit.

(Ord. No. 1620, § 2(Exh. A), 9-26-2017; Ord. No. 1696, § II, 1-10-2023)

4-19.3 Expedited Permit Process. The chief building official shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The city's adopted checklist shall be published on the city's website.

(Ord. No. 1620, § 2(Exh. A), 9-26-2017; Ord. No. 1696, § II, 1-10-2023)

4-19.4 Permit Application Processing; Approval; Requirement for Use Permit.

a. As part of a complete application, the applicant shall include documentation of verification 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.

b. Review of the application by the chief building official shall be limited to review of whether the proposed electric vehicle charging station meets all health and safety requirements of local, state and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. 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 chief building official that the permit application and supporting documents meets the requirements of the city's adopted checklist, and is consistent with all applicable laws and health and safety standards, the chief building official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. 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 chief building official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

c. The application shall not be denied except upon the issuance of written findings based upon substantial evidence that the proposed installation would have a specific, adverse impact upon the public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. Any conditions imposed on the application shall be designed to mitigate the specific adverse impact upon the public health or safety at the lowest possible cost.

d. If the chief 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 applicant may apply for an electric vehicle charging station use permit which shall be processed and a decision rendered by the chief building official in accordance with subsection 19.42.050. Notwithstanding the findings required by subsection 19.42.050, the chief building official shall not deny an electric vehicle charging station use permit unless written findings are made based on substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact, including the basis for the rejection of potential alternatives of preventing the adverse impact. An appeal from the decision of the chief building official on an electric vehicle charging station use permit may be filed for review by the planning commission in accordance with division 19.54.

e. Consistent with Government Code Section 65850.7, the chief 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.

f. Consistent with Government Code Section 65850.7, the chief building official shall allow for electronic submittal of permit applications covered by this section and associated supporting documentations. In accepting such permit applications, the chief building official shall also accept electronic signatures on all forms. The action of the chief building official may be appealed to the planning commission in accordance with division 19.54

(Ord. No. 1620, § 2(Exh. A), 9-26-2017; Ord. No. 1696, § II, 1-10-2023)

4-19.5 Electric Vehicle Charging Station Installation Requirements.

a. 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.

b. 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.

c. 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.

d. 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.

e. All electrical contractors of projects that include electrical vehicle infrastructure work, which are constructed with funds provided, approved, and/or administered, in whole or in part, by the City of Novato, shall maintain the appropriate license classification, as determined by the contractors' state license board, and electricians on the job shall be electric vehicle infrastructure training program (EVITP) certified in accordance with the following:

1. All of the installations, commissioning, and maintenance of electric vehicle charging stations, equipment, and related infrastructure subject to this paragraph (e) (hereinafter referred to as the "EV Work") shall comply with the requirements below:

(a) At a minimum, one job-site supervisor or job-site foreman supervising the EV Work at each job site is required to be an EVITP certified electrician.

(b) The EV Work shall be performed only by California certified general electricians, of which a minimum of 50 percent of the electricians performing the EV Work on the job site are EVITP certified.

(c) The ratio of journeyman to apprentices shall comply with requirements set forth in California law.

(d) Apprentices may assist California certified general electricians on EV Work if registered in a State of California Approved Apprenticeship Program which has a graduation rate of at least 60 percent. EVITP certification requirements do not apply to apprentices.

2. Electrical contractors shall maintain a written or electronic record of all EV Work including the names of all EVITP electrician(s) who performed the EV Work. Said record shall be made available to EVITP, and/or City of Novato upon request. Contractor shall cooperate fully with EVITP, and/or the City of Novato in case of random or other quality assurance check(s).

(Ord. No. 1620, § 2(Exh. A, 4-19.6), 9-26-2017; Ord. No. 1696, § II, 1-10-2023)

EXHIBIT A

BUSINESSES IN NOVATO FITTING "INDUSTRIAL OR COMMERCIAL" CLASSIFICATION AS INDICATED IN THE CITY'S CHANGE OF OCCUPANCY ORDINANCE:

(Section 4-11)

Sales, Use, Storage or Manufacture of Agricultural Chemicals, including Fertilizers, Milling, Veterinary Supplies

Air Conditioning and/or Refrigeration Repair

Ammunition

Asbestos Products Removal and Abatement Services or Storage

Printing, Photo Processing, Graphic Reproduction

X-ray Processing

Refinishing or Resurfacing or Manufacturing of Cabinets or Furniture

Rug and Upholstery Cleaning

Small Engine Repair, Washing, and Related Surfaces

Chemical Manufacturing, Storage or Sales

Sale or Distribution of Cleaning Compounds

Compressed Air or Gas Sales, Storage, or Service

Roofing Supplies and Sales

Hazardous Materials Handling or Disposal

Laboratories, Medical, Testing or Research

Oil and Gas, Storage, Refining and/or Delivery

Pest Control, Storage or Service

Pharmacies

Waste Reduction, Disposal and Recycling

Any Other Use that Discharges Anything Other than Domestic Wastes to the Sewer

Dry Cleaners

Dentists

Tile Contractors

Auto Body Shops

Mortuaries

Paint Stores

Restaurants

Research Facilities