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. 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)
Board members shall be nominated and appointed through the following process:
(1)
A nominating committee comprised of the following three members shall nominate each Board member for confirmation by the City Council: the Mayor; a rotating City Councilmember, as determined by the City Clerk; and the Board Chair, or the Vice-Chair if the Chair's office is under consideration within two months of the nomination.
(2)
If any member of the nominating committee affirmatively declines to participate in the nomination process, then their seat shall be forfeit and the next person, as appropriate and as determined by the City Clerk shall participate on the nominating committee instead: the next rotating Council Member, as determined by the City Clerk; the Chair, Vice-Chair, or Commission member; or the Mayor Pro Tem for the Mayor.
(3)
The nominating committee shall interview each applicant under consideration together, virtually or in person, before selecting a nominee for City Council confirmation.
(4)
The nominating committee must unanimously decide each nominee for confirmation by a majority vote of all members of the City Council. No nominee shall be submitted to the City Council for confirmation without unanimous support of the nominating committee.
(5)
If a nominee fails to garner a majority vote of the full City Council, then the applicable nominating committee shall meet again to consider and propose a new nominee for confirmation by the City Council in accordance with the process in this section. This process shall repeat until a nominee is confirmed by a majority vote of the full City Council.
(6)
If a mid-term vacancy occurs, the nominating committee may nominate their replacement to fill the remainder of the original term in accordance with the process in this section, which must be confirmed by a majority of the full Council. Where feasible, the members of the nominating committee used to nominate the member whose seat is vacated shall be used to nominate their replacement. Where members of such nominating committee are no longer in office or otherwise unavailable to serve on the nominating committee to fill the vacant seat, the seat shall be filled by the following, as appropriate: the next rotating Councilmember, as determined by the City Clerk; the Mayor Pro Tem if the Mayor is unable to serve on the nominating committee; or the sitting Chair, or the Vice-Chair if the Chair's office is under consideration within two months of the nomination.
(c)
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.
(d)
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.
(e)
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 Board. 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 Board may designate a chair or secretary pro tempore.
(f)
The Board shall meet when:
(1)
An appeal is filed pursuant to this chapter; or
(2)
The Building Official requests advisory comments regarding issues related to this chapter, such as the potential adoption of new codes, proposed code changes, or alternate methods and materials.
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; Ord. 957, eff. 7/11/2024)
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.
(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)