§ 15.08

A.

Except as otherwise provided in this chapter, for the purposes of prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height, and area of building and structures, the following construction codes are hereby adopted by reference and incorporated as if fully set out herein, and the provisions thereof shall be controlling within the limits of the city.

California Fire Code, 2025, Title 24, Part 9.

2.

California Administrative Code, 2025, Title 24, Part 1.

3.

California Building Code, 2025, Title 24, Part 2, Volume 1 and 2, and all related Appendices including Appendices A-P.

4.

California Residential Code, 2025, Title 24, Part 2.5.

5.

California Electrical Code, 2025, Title 24, Part 3.

6.

California Mechanical Code, 2025, Title 24, Part 4.

7.

California Plumbing Code, 2025, Title 24, Part 5, and all related Appendices including A-M.

8.

California Energy Code, 2025, Title 24, Part 6.

9.

California Historic Building Code, 2025, Title 24, Part 8.

10.

Wildland-Urban Interface Code, 2025, Title 24, Part 7.

11.

California Existing Building Code, 2025, Title 24, Part 10.

12.

California Green Building Code, 2025, Title 24, Part 11.

13.

California Referenced Standards Code, Title 24, Part 12.

National Fuel Gas Code.

15.

National Petroleum Gas Code.

16.

The International Property Maintenance Code.

All appendices, specifications, and listings of all Codes are also hereby incorporated and adopted by reference.

B.

One copy of each of the Codes, described in this Section, has been deposited in the Office of the City Clerk and shall be maintained at all times by the City Clerk for use and examination by the public.

(Ord. No. 1586, § 3, 11-8-22; Ord. No. 1595, § 2, 9-12-23; Ord. No. 1613, § 5 (Exh. A), 11-12-25)

Whenever the terms "Building Official," "building inspector," "plumbing inspector," "electrical inspector," "mechanical inspector," "administrative authority," "plan reviewer", "authority having jurisdiction" or "electrical safety engineer" are used within this chapter or any other ordinance of the City, including this Code, each means the Building Official, or his/her designee.

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

15.08.020 - Amendments to Construction Codes.

A.

Notwithstanding the provisions of Section 15.08.010, Appendix P ("Emergency Housing") of the California Building Code, 2025 Edition, is hereby amended to read as follows:

"P101.1 Scope.

This appendix shall be applicable to emergency housing and emergency housing facilities, as defined in Section P102. This appendix shall be applicable to homeless shelters as set forth in this Section 15.80.020 of the Banning Municipal Code."

B.

Notwithstanding the provisions of Section 15.08.010, the definition of "Emergency Housing" in Section P102.1 of Appendix P of the California Building Code, 2025 Edition, is hereby amended to read as follows:

"P102.1 General.

The following words and terms shall, for the purposes of this appendix, have the meanings shown herein. Refer to Chapter 2 of the California Building Code for general definitions.

EMERGENCY HOUSING. Housing in a permanent or temporary structure(s), occupied during a declaration of state of emergency, local emergency, or shelter crisis. Emergency housing may include, but is not limited to, buildings and structures constructed in accordance with the California Building Standards Code; and emergency sleeping cabins, emergency transportable housing units, and tents constructed in accordance with this appendix. Emergency Housing includes "homeless shelters" as defined in Government Code Section 8698.4(c)(1)."

C.

Notwithstanding the provisions of Section 15.08.010, Section P103.3 of Appendix P of the California Building Code, 2025 Edition, is hereby amended to read as follows:

"P103.3 Occupant load.

Except as otherwise stated in this appendix, the maximum occupant load allowed in buildings and structures used as emergency housing shall be determined by the enforcing agency, but the interior floor area shall not be less than 30 square feet (2.8 m[2 ] ) for one occupant. Where more than one person occupies the building/structure, the required floor area shall be increased at a rate of 30 square feet (2.8 m 2 ) for each occupant in excess of one.

Exceptions:

Tents.

2.

Recreational vehicles and park trailers designed for human habitation that meet the requirements in the Health and Safety Code, Sections 18009.3 and 18010, as applicable.

3.

For emergency housing, including emergency sleeping cabins, the minimum interior floor area may be reduced to 30 square feet (2.8 m[2 ] ) if the enforcing agency determines that 30 square feet (2.8 m[2 ] ) is adequate space for a single- occupancy sleeping unit."

D.

Notwithstanding the provisions of Section 15.08.010, Section P104.1 and P104.4.1 of Appendix P of the California Building Code, 2025 Edition, is hereby amended to read as follows:

"P104.1 The requirements of height and areas for minimum unit size sleeping cabins shall apply to temporary housing for the unhoused population within the City of Banning."

"P104.4.1 Egress window or hatch.

The bottom of the clear opening of the egress window or hatch shall not be more than 44 inches (1118 mm) above the floor. The egress window or hatch shall have a minimum net clear opening height of 24 inches

(610 mm), and a minimum net clear opening width of 20 inches (508 mm). The egress window or hatch shall have a minimum net clear opening area of 5 square feet (0.465 m[2 ] )."

E.

Notwithstanding the provisions of Section 15.08.010, item 2 under "Building" of Subsection R105.2 ("Work Exempt from Permit") of Section R105 ("Permits") of Division II ("Administration") of Chapter 1 ("Scope and Application") of the California Residential Code, 2025 Edition, is hereby amended to read as follows:

"2. Fences not over 6 feet (1829 mm) high."

F.

Notwithstanding the provisions of Section 15.08.010, Section 115922 of Appendix AX ("Swimming Pool Safety Act") of the California Residential Code, 2025 Edition, is hereby amended to read as follows:

"115922.

(a)

Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with item 1 below and at least one additional of the following seven drowning prevention safety features:

(1)

An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have its door openings equipped with protection as required in subdivision (a)(4) or (a)(5) of Section 115922. Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature requirement.

(2)

Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.

(3)

An approved safety pool cover, as defined in subdivision (d) of Section 115921.

(4)

Exit alarms on the private single-family home doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that "the door to the pool is open."

(5)

A self-closing, self-latching device with a release mechanism placed no lower than 54 inches (1372 mm) above the floor on the private single-family home's doors providing direct access to the swimming pool or spa.

(6)

An alarm that, when placed in a swimming pool or spa will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 "Standard Safety Specification for Residential Pool Alarms," which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.

(7)

Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME).

(b)

Before issuance of a final approval for the completion of permitted construction or remodeling work, the local building official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval."

G.

Notwithstanding the provisions of section 15.08.010, Section AZ101.1 of Appendix AZ of the California Residential Code, 2025 Edition, is hereby amended to read as follows:

"AZ101.1 Scope.

This appendix shall be applicable to emergency housing and emergency housing facilities, as defined in Section AZ102. This appendix shall be applicable to homeless shelters as set forth in this Section 15.80.020 of the Banning Municipal Code."

H.

Notwithstanding the provisions of section 15.08.010, the definition of "Emergency Housing" in Section AZ102.1 of Appendix AZ of the California Residential Code, 2025 Edition, is hereby amended to read as follows:

"AZ102.1 General.

The following words and terms shall, for the purposes of this appendix, have the meanings shown herein. Refer to Chapter 2 of the California Residential Code for general definitions.

EMERGENCY HOUSING. Housing in a permanent or temporary structure(s), occupied during a declaration of state of emergency, local emergency, or shelter crisis. Emergency housing may include, but is not limited to, buildings and structures constructed in accordance with the California Building Standards Code; and emergency sleeping cabins, emergency transportable housing units, and tents constructed in accordance with this appendix. Emergency Housing includes "homeless shelters" as defined in Government Code Section 8698.4(c)(1)."

I.

Notwithstanding the provisions of section 15.08.010, Section AZ103.3 of Appendix AZ of the California Residential Code, 2025 Edition, is hereby amended to read as follows:

"AZ103.3 Occupant load.

Except as otherwise stated in this appendix, the maximum occupant load allowed in buildings and structures used as emergency housing shall be determined by the enforcing agency, but the interior floor area shall not be less than 30 square feet (2.8 m[2 ] ) for one occupant. Where more than one person occupies the building/structure, the required floor area shall be increased at a rate of 30 square feet (2.8 m²) for each occupant in excess of one.

Exceptions:

1.

Tents.

2.

Recreational vehicles and park trailers designed for human habitation that meet the requirements in the Health and Safety Code, Sections 18009.3 and 18010, as applicable.

3.

For emergency housing, including emergency sleeping cabins, the minimum interior floor area may be reduced to 30 square feet (2.8 m[2 ] ) if the enforcing agency determines that 30 square feet (2.8 m[2 ] ) is adequate space for a single-occupancy sleeping unit."

J.

Notwithstanding the provisions of section 15.08.010, Section A7104.4.1 of Appendix AZ of the California Residential Code, 2025 Edition, is hereby amended to read as follows:

"A7104.4.1 Egress window or hatch.

The bottom of the clear opening of the egress window or hatch shall not be more than 44 inches (1118 mm) above the floor. The egress window or hatch shall have a minimum net clear opening height of 24 inches (610 mm), and a minimum net clear opening width of 20 inches (508 mm). The egress window or hatch shall have a minimum net clear opening area of 5 square feet (0.465 m[2 ] )."

K.

Notwithstanding the provisions of section 15.08.010, footnote a. is hereby added to Figure 100.1-A ("California Climate Zones: Climate Zones for Residential and Nonresidential Occupancies") of Section 100.1 ("Definitions and Rules of Construction") of Subchapter 1 ("All Occupancies—General Provisions") of the California Energy Code, 2025 Edition, to read as follows:

"a.

The City of Banning can be either Climate Zone 10 or 15."

(Ord. No. 1586, § 3, 11-8-22; Ord. No. 1613, § 5 (Exh. A), 11-12-25)

15.08.025 - Specific revisions.

Notwithstanding the provisions of section 15.08.010, Section 105.2 of the California Building Code and R105.2 of the Residential Building Code, 2025 Edition, is amended as follows:

105.2 CBC and R105.2 RBC work exempt from permits:

Fences that are not over 6 feet in height and not obstructing line of site from a roadway or blocking a required path or right-of-way.

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

15.08.030 - Interpretation of the Banning Municipal Code and zoning code regarding references to the amended construction codes.

For the purposes of interpreting the adopted Construction Codes in the Banning Municipal Code and Zoning Code, references to the international building code shall be replaced with the latest adopted California Building Code, if any.

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

Editor's note— Ord. No. 1613, § 5 (Exh. A), adopted November 12, 2025, amended the title of § 15.08.030 to read as herein set out. The former § 15.08.03 title pertained to interpretation of the Banning Municipal Code and zoning code with regard to references to the amended construction codes.

15.08.030 - Interpretation of the Banning Municipal Code and zoning code with regard to references to the amended construction codes.

For the purposes of interpreting the adopted Construction Codes in the Banning Municipal Code and Zoning Code, references to the uniform building code shall be replaced with the latest adopted California Building Code, if any.

(Ord. No. 1586, § 3, 11-8-22; Ord. No. 1595, § 2, 9-12-23)

15.08.035 - Design criteria.

Design criteria in the City of Banning will be specified for each area within the City respectively by the ASCE Hazard Tool for seismic category, wind load and exposure classification. This tool may be found at https://ASCEhazardtool.org and is available at no cost to the public.

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

In addition to those penalty provisions adopted by reference from those codes listed in section 15.08.010, the following penalties shall also apply:

It shall be unlawful for any person, firm, corporation, or association of persons to violate any provision of this chapter, or to violate the provisions of any permit granted pursuant to this chapter. Any person, firm, corporation, or association of persons violating any provisions of this chapter, or the provisions of any permit granted pursuant to this chapter, shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person or entity shall be deemed guilty of separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter or the provisions of any permit.

(Ord. No. 1586, § 3, 11-8-22; Ord. No. 1595, § 2, 9-12-23)

Chapter 15.10 - FIRE CODE (TITLE 24-PART 9)