§ 15.08

This chapter shall be known as the "building code" and may be cited as such.

(Ord. No. 2368 N.S., § 1, 11-19-2025)

15.08.030 - Organization, enforcement, fees, and inspections.

The organization, enforcement, fees, and inspections shall comply with the 2025 California Building Code. The building official may use the building valuation data from the International Code Council and incorporate a regional cost modifier for determining a "cost per square foot."

(Ord. No. 2368 N.S., § 1, 11-19-2025)

The following provisions of the California Building Code and California Residential Code shall be added, amended, or deleted as follows:

A.

The following sections in the California Building Code are amended by this chapter: 2308.6.3, 1907.1, and J103.2.

B.

The following section in the California Residential Code is amended by this chapter: R309.1, R309.2, R506.1 and R602.10.4.

(Ord. No. 2368 N.S., § 1, 11-19-2025)

It is unlawful for any person, firm, or corporation to erect, construct, or maintain any structure, building, garage, carport, storage shed, or other similar building over or within the boundary of any utility easement. "Utility easement" as used in this section includes any easement for a gas line, water line, storm drainage line, sewer line or buried or overhead electrical or telephone lines.

(Ord. No. 2368 N.S., § 1, 11-19-2025)

15.08.060 - Section R309.1 and R309.2 amended—Automatic Fire Sprinkler Systems.

A.

Section R309.1 of the 2025 California Residential Code, is hereby amended to read in its entirety:

R309.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in townhouses.

Exception: An automatic residential fire sprinkler system shall not be required where additions or alterations are made to existing townhouses if the addition does not exceed 1200 square feet or result in a total building area of more than 3600 square feet and an existing automatic residential fire sprinkler system is not installed.

B.

Section R309.2 of the 2025 California Residential Code is amended to read in its entirety:

R309.2 One- and two-family dwellings automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings.

Exception:

1.

An automatic residential fire sprinkler system shall not be required where additions or alterations are made to existing buildings if the addition does not exceed 1200 square feet or result in a total building area of more than 3600 square feet and an existing automatic residential fire sprinkler system is not installed.

2.

Accessory Dwelling Unit, provided that all of the following are met:

2.1.

The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2.

2.2.

The existing primary residence does not have automatic fire sprinklers.

2.3.

The accessory detached dwelling unit does not exceed 1,200 square feet in size.

2.4.

The unit is on the same lot as the primary residence.

C.

Findings. The City of Morgan Hill is located in an area subject to a climatic condition of high winds and low humidity. This combination of events creates an environment which is conducive to rapidly spreading fires. Control of such fires requires rapid response. Obstacles generated by a strong wind, such as fallen trees, street lights, and utility poles, greatly impact the response time to reach an incident scene. This condition makes the requirement for additional on-site protection for property occupants necessary.

(Ord. No. 2368 N.S., § 1, 11-19-2025)

15.08.070 - Section 2308.10.3 and R602.10.4 amended—Braced wall panel methods (gypsum board and Portland cement plaster).

A.

Section 2308.10.3 of the 2025 California Building Code, which allows the use of gypsum board and Portland cement plaster for wall bracing, is hereby amended to read in its entirety:

2308.10.3 Braced wall panel methods

Construction of braced wall panels shall be by one or a combination of the methods in Table 2308.10.3(1). Braced wall panel length shall be in accordance with Section 2308.10.4 or 23010.6.5. The use of Gypsum Board (GB) or Portland Cement Plaster (PCP) type braced wall panels are not allowed.

B.

Section R602.10.4 of the 2025 California Residential Code, which allows the use of gypsum board and Portland cement plaster for wall bracing, is hereby amended to read in its entirety:

R602.10.4 Construction methods for braced wall panels.

Intermittent and continuously sheathed braced wall panels shall be constructed in accordance with this section and the methods listed in Table R602.10.4. The use of Gypsum Board (GB) or Portland Cement Plaster (PCP) type braced wall panels are not allowed.

C.

Findings. The city is in a Category D seismic activity classification. Gypsum wallboard and exterior Portland cement plaster have performed poorly during California seismic events. Shear values for gypsum wallboard and Portland cement plaster contained in the code are based on monodirectional testing. It is appropriate to eliminate the use of these materials until cyclic loading tests are performed and evaluated.

(Ord. No. 2368 N.S., § 1, 11-19-2025)

15.08.080 - Section R506.1 amended—Minimum slab provisions.

A.

Section R506.1 of the 2025 California Residential Code is hereby amended to read in its entirety:

R506.1 General. Concrete slab-on-ground floors shall be designed and constructed in accordance with the provisions of this section or ACI 332. Floors shall be a minimum 3-1/2 inches (89 mm) thick (for expansive soils, see Section R403.1.8). The slab shall be reinforced with not less than six inches by six inches tengauge wire mesh or an approved alternate. The specified compressive strength of concrete shall be as set forth in Section R402.2.

B.

Findings. To avoid damage due to soil expansion, shrinkage and seismic activity which causes damage to concrete slab flooring throughout the city, imposing the above requirements eliminates the need for a soils report for some small projects.

(Ord. No. 2368 N.S., § 1, 11-19-2025)

15.08.90 - Section J103.2 amended—Exemptions

A.

Section J103.2 of the 2025 California Building Code is hereby amended to read in its entirety:

J103.2 Exemptions. A grading permit shall not be required for the following:

1.

Grading of less than 50 cubic yards in an isolated, self-contained area, provided that the public is not endangered and that such grading will not adversely affect adjoining properties.

2.

Excavation for construction of a structure permitted under this code.

3.

Cemetery graves.

4.

Refuse disposal sites controlled by other regulations.

5.

Excavations for wells, or trenches for utilities.

B.

Findings. The City includes hillside properties in geological sensitive areas. The valley surface soil is characterized by peculiarly high expansivity and includes properties subject to flooding. The City also has water tributaries leading to the San Francisco and Monterey Bays and projects must comply with strict Best Management Practices.

(Ord. No. 2368 N.S., § 1, 11-19-2025)

A.

A violation of the code adopted by this chapter occurs when a person:

1.

Fails to comply with this code;

2.

Violates or fails to comply with any order made under this code;

3.

Builds in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken; or

4.

Fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed in this chapter.

B.

The imposition of one penalty for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations or defects within a reasonable time.

C.

The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

(Ord. No. 2368 N.S., § 1, 11-19-2025)

Chapter 15.12 - ELECTRICAL CODE[[3]]

Footnotes:

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Editor's note— Ord. No. 2368 N.S, § 2, adopted Nov. 19, 2025, amended Ch. 15.12 in its entirety to read as herein set out. Former Ch. 15.12, §§ 15.12.010—15.12.040, pertained to similar subject matter, and derived from Ord. No. 2307 N.S., adopted November 6, 2019; Ord. No. 2337 N.S., adopted November 2, 2022.