This chapter shall be known as the "City of Ojai Building Code,"
may be cited as such, and will be referred to in this chapter as "this
Code."
(§ 1, Ord. 627, eff. April 11, 1985)
The Council expressly finds that the purpose of this chapter
is to provide minimum standards to safeguard life and limb, health,
property, and the public welfare by regulating and controlling the
design, construction, quality of materials, use and occupancy, location,
relocation and maintenance of all buildings and structures within
the City.
(§ 1, Ord. 627, eff. April 11, 1985)
For the purposes of this chapter and the Codes adopted by reference
by this chapter, unless otherwise apparent from the context, certain
words and phrases used in this chapter and said Codes are defined
as follows:
shall mean the Building Official.
shall mean the Building Appeals Board as established in Section 9-1.214 of this Title.
shall mean the designated authority charged with the administration
and enforcement of this Code.
shall mean the City of Ojai.
shall mean the City Council of the City.
(§ 1, Ord. 627, eff. April 11, 1985 as amended by § 2, Ord.
772, eff. June 25, 2004, and § 3 Ord. 829, eff. July 25, 2013)
Fees for permits and services rendered pursuant to this Code
shall be paid to the City as established by resolution of the Council.
Said resolution of fees shall be in addition to any fee schedules
mentioned in the State Code and other Uniform Codes adopted by reference
pursuant to this chapter; provided, however, that in the event that
said resolution conflicts with any such fee schedules, the resolution
of the Council shall prevail.
(§ 1, Ord. 627, eff. April 11, 1985, as amended by § 2, Ord.
718, eff. April 25, 1997)
Any violation of the provisions of this Code or any amendment thereto shall be an infraction and shall be punishable as provided in Chapter 2 of Title 1 of the Ojai Municipal Code. It is unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to any of the provisions of this Code.
(§ 1, Ord. 627, eff. April 11, 1985)
Any person, firm, or corporation violating any of the provisions
of this Code shall be deemed guilty of an infraction, and each such
person shall be deemed guilty of a separate offense for each and every
day, or portion thereof, during which any violation of any of the
provisions of this Code is committed, continued, or permitted and,
upon the conviction of any such violation, such person shall be punishable
by a fine of not more than $500, or by imprisonment for not more than
six months, or by both such fine and imprisonment.
(§ 1, Ord. 627, eff. April 11, 1985)
The issuance or granting of a permit or approval of plans and
specifications shall not be deemed or construed to be a permit for,
or an approval of, any violation of any of the provisions of any primary
Code adopted by this chapter. No permit presuming to give authority
to violate or cancel the provisions of any primary Code adopted by
this chapter shall be valid, except insofar as the work or use which
it authorizes is lawful.
(§ 1, Ord. 627, eff. April 11, 1985)
No work shall be done on any part of a building or structure
beyond the point indicated in each successive inspection without first
obtaining the written approval of the Building Official or their authorized
representative. Such written approval shall be given only after an
inspection shall have been made of each successive step in the construction
as indicated by this Code.
(§ 1, Ord. 627, eff. April 11, 1985)
There shall be a final inspection and approval on all buildings
when completed and ready for occupancy. Clearance to connect utilities
will be issued by the Building Official after the building or premises
are found to meet all applicable Codes and City laws. The Building
Official may refuse to allow any or all of the public utilities to
be connected to any building or structure until a final inspection
and building approval has been issued.
(§ 1, Ord. 627, eff. April 11, 1985)
The Building Official is hereby authorized and directed to enforce
all of the provisions of this Code, the State Code and other Uniform
Codes adopted by reference hereby. The decision of the Building Official
in enforcing the provisions of this Code or the State Code and other
Uniform Codes adopted by reference, or in interpreting the provisions
thereof or in exercising the authority delegated thereby shall be
final, subject to appeal as provided in this Code. The Building Official
may arrest a person without a warrant whenever he has reasonable cause
to believe that the person to be arrested has violated any provision
of this Code, the State Code or other Uniform Codes adopted by reference
herein in his presence. In any case in which a person is arrested
for violation of the provisions of this Code, the State Code or other
Uniform Codes adopted by reference pursuant hereto and the person
does not demand to be taken before a magistrate, the Building Official
making the arrest shall prepare a written notice to appear and release
the person on his promise to appear as provided by the California
Penal Code.
(§ 1, Ord. 627, eff. April 11, 1985, as amended by § 3, Ord.
718, eff. April 25, 1997)
Whenever in this Code, the State Code or the Uniform Codes adopted
by reference herein another Code or publication of standards or of
rules or regulations is referred to, any language to the contrary
notwithstanding, such reference shall not incorporate by reference
such other Codes, standards or rules and regulations as part of this
Code or of the State and other Uniform Codes adopted by reference
hereby unless set out in full herein, but they shall be considered
and used by the Building Official as guides to assist in determining
whether or not there has been compliance with the provisions of this
Code. The Building Official shall not be bound by the provisions of
any such other Codes, standards or rules and regulations not expressly
adopted by reference in this Code in determining such compliance.
(§ 1, Ord. 627, eff. April 11, 1985, as amended by § 4, Ord.
718, eff. April 25, 1997)
Any person, firm, or authorized representative charged with
the enforcement of this Code, acting in good faith for the City and
without malice in the discharge of his duties, shall not thereby render
himself liable personally, and he is hereby relieved from all personal
liability for any damage that may accrue to persons or property as
a result of any act required, or by reason of any act or omission
performed by him or her in the enforcement of any provision of this
Code, and he shall be defended by the legal department of the City
until the final termination of the proceedings.
(§ 1, Ord. 627, eff. April 11, 1985)
The Council, following due considerations, hereby finds and
determines that due to the geographical location of the City, unusual
soil, areas subject to liquefaction, geological and topographical
conditions prevailing within the City, high wind and fire protection
requirements, the need for minimum desirable design features, as well
as the fact that the public health and welfare would be best served,
modifications and changes to the State Code and other Uniform Codes
adopted hereby are needed and, therefore, the State Code and other
Uniform Codes adopted by this chapter are hereby modified, amended,
added to and changed as set forth in Articles 3 through 9 of this
chapter.
(§ 1, Ord. 627, eff. April 11, 1985, as amended by § 5, Ord.
718, eff. April 25, 1997)
(a)
There
is hereby established in the City a Building Appeals Board consisting
of five members to be appointed by the Mayor with the approval of
the Council. The Building Appeals Board shall be the "local appeals
board," the "housing appeals board," and the "board of appeals" as
those phrases are defined and used in the California Building Standards
Code or any other code under this title as the same may apply to the
City of Ojai either by express adoption or by operation of law.
(b)
Each
member shall become knowledgeable in the California Building Standards
Code and applicable ordinances of the City of Ojai. Members need to
be residents of the City.
(c)
The
members of the Building Appeals Board shall be appointed for terms
of four years and shall hold office until their successors have been
appointed and qualified. A person who has been appointed to fill a
vacancy shall hold office for the remainder of the unexpired term.
Any member of the Board may be removed by the Mayor, subject to the
approval of the Council. Members may be reappointed.
(d)
The
Board shall elect its chair and vice-chair from among its members
and shall appoint a secretary who need not be a member of the Commission.
Such officers shall be chosen for a period of one year. In the absence
or disability of either the chair, vice-chair, or secretary, the Commission
may designate a chair or secretary pro tempore.
(f)
Unless
otherwise designated by the City Manager, the Building Official shall
be the principal City staff liaison to the Board.
(Ord. 829, § 1, eff. July 25, 2013)
Any person adversely affected by a determination made by the
Building Official in administering or enforcing any provision of this
chapter may appeal the determination to the Building Appeals Board.
(a)
Appeals
shall be in writing, state the grounds for the appeal, and be accompanied
by a fee in the amount set by resolution of the City Council. Only
those matters or issues specifically raised by the appellant shall
be considered in the hearing of the appeal.
(b)
The
appeal shall be filed with the Building Official no later than 10
days after receipt of written notice of the determination and the
appeal provisions of this chapter. Failure to timely request an appeal
constitutes a waiver of the right to a hearing before the Building
Appeals Board and a failure to exhaust administrative remedies.
(c)
Within
45 days of receiving an appeal, the Building Official shall schedule
a hearing before the Building Appeals Board which shall consider relevant
evidence presented at the hearing. Appellant shall be given at least
10 days' written notice of the date and time of the hearing.
(d)
The
Building Appeals Board shall render a final written decision with
findings within a reasonably prompt time after the filing of the appeal.
The authority of the Building Appeals Board to render a written decision
shall be limited to the scope of authority of the Building Official
in the first instance and the Building Appeals Board shall have no
authority to waive a requirement of this title.
(e)
The
decision of the Building Appeals Board shall be final and conclusive.
The written decision shall be sent to the appellant and shall provide
that, pursuant to California Code of Civil Procedure Section 1094.6,
any action to review said decision shall be commenced in an appropriate
court of law not later than the ninetieth (90th) day after the date
that the decision becomes final.
(Ord. 829, § 2, eff. July 25, 2013)
(a)
The
following words and phrases as used in this section are defined as
follows:
(2)
"Small residential rooftop solar energy system" means all of the
following.
(i)
A solar energy system that is no larger than 10 kilowatts alternating
current nameplate rating or 30 kilowatts thermal.
(ii)
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 paragraph (iii) of subdivision (c) of Section 714
of the Civil Code, as such section or subdivision may be amended,
renumbered, or redesignated from time to time.
(iii)
A solar energy system that is installed on a single- or duplex-family
dwelling.
(iv)
A solar panel or module array that does not exceed the maximum legal
building height as defined by the authority having jurisdiction.
(3)
"Solar energy system" has the same meaning set forth in paragraphs
(1) and (2) of subdivision (a) of Section 801.5 of the Civil Code,
as such section or subdivision may be amended, renumbered, or redesignated
from time to time.
(b)
Section
65850.5 of the California Government Code provides that, on or before
September 30, 2015, every City, County, or City and County shall adopt
an ordinance that creates an expedited, streamlined permitting process
for small residential rooftop solar energy systems.
(c)
Section
65850.5 of the California Government Code provides that in developing
an expedited permitting process, the City, County, or City and County
shall adopt a checklist of all requirements with which small rooftop
solar energy systems shall comply to be eligible for expedited review.
The building official is hereby authorized and directed to develop
and adopt such checklist.
(d)
The
checklist shall be published on the City's Internet website. The applicant
may submit the permit application and associated documentation to
the City's Building Division by personal, mailed, or electronic submittal
together with any required permit processing and inspection fees.
In the case of electronic submittal, the electronic signature of the
applicant on all forms, applications and other documentation may be
used in lieu of a wet signature.
(e)
Prior
to submitting an application, the applicant shall:
(1)
Verify to the applicant's reasonable satisfaction through the use
of standard engineering evaluation techniques that the support structure
for the small residential rooftop solar energy system is stable and
adequate to transfer all wind, seismic, and dead and live loads associated
with the system to the building foundation; and
(2)
At the applicant's cost, verify to the applicant's reasonable satisfaction
using standard electrical inspection techniques that the existing
electrical system including existing line, load, ground and bonding
wiring as well as main panel and subpanel sizes are adequately sized,
based on the existing electrical system's current use, to carry all
new photovoltaic electrical loads.
(f)
For
a small residential rooftop solar energy system eligible for expedited
review, only one inspection shall be required, which shall be done
in a timely manner and may include a consolidated inspection by the
building official. If a small residential rooftop solar energy system
fails inspection, a subsequent inspection is authorized; however the
subsequent inspection need not conform to the requirements of this
subsection.
(g)
An
application that satisfies the information requirements in the checklist,
as determined by the building official, shall be deemed complete.
Upon receipt of an incomplete application, the building official shall
issue a written correction notice detailing all deficiencies in the
application and any additional information required to be eligible
for expedited permit issuance.
(h)
Upon
confirmation by the Building Official of the application and supporting
documentation being complete and meeting the requirements of the checklist,
the building official shall administratively approve the application
and issue all required permits or authorizations. Such approval does
not authorize an applicant to connect the small residential rooftop
energy system to the local utility provider's electricity grid. The
applicant is responsible for obtaining such approval or permission
from the local utility provider.
(§ 1, Ord. 860, eff. November 14, 2015)
