Hesperia Municipal Code Ch. 15.04 Building Codes

Footnotes:

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Editor's note— Ord. No. 2025-08, §§ 2,3(Exh. A), adopted December 2, 2025, repealed the former Chapter 15.04, §§ 15.04.010—15.04.050, adopted by Ord. No. 2022-16 and enacted a new Chapter 15.04 as set out herein. Said repeal shall not apply to or excuse any violations thereof occurring prior to the effective date of this ordinance and provided further that the building regulations as adopted by reference and amended by Ordinance No. 2022-16 shall be applicable to construction projects for which plans have been submitted for plan review and the plan review fees paid as of December 31, 2025, provided that neither the plan review nor permits issued for construction of the structure expire. The former Chapter 15.04 pertained to similar subject matter and derived from Ord. No. 2016-08, §§ 2, 3(Exh. A), adopted November 15, 2016; Ord. No. 2013-09, § 2, adopted November 5, 2013; Ord. No. 2019-16, §§2, 3(Exh. A), adopted December 17, 2019; Ord. No. 2022-16, § 3, 11-15-22.

The 2025 California Building Code, Volumes 1 and 2; 2025 California Residential Code; 2025 California Electrical Code; 2025 California Mechanical Code; 2025 California Plumbing Code; 2025 California Fire Code; 2025 California Administrative Code; 2025 California Green Building Standards Code; 2025 California Energy Code; 2025 California Historical Building Code; 2025 California Existing Building Code; 2025 California Referenced Standards Code; and the 2025 California Wildland-Urban Interface Code are hereby adopted by reference as the Building Regulations for the City of Hesperia, together with the amendments, additions, deletions, and exceptions set forth in this Chapter.

The design and construction of swimming pools, spas, and hot tubs shall comply with the International Swimming Pool and Spa Code (ISPSC) as referenced in Section 3109.1 of the California Building Code.

All codes and standards referenced herein are on file with the Building Official and available for public inspection in accordance with the Government Code Section 50022.6.

(Ord. No. 2019-16, §§2, 3(Exh. A), 12-17-19; Ord. No. 2022-16, § 3, 11-15-22, effective 1-1-23; Ord. No. 2025-08, § 3(Exh. A), 12-2-25)

The following appendix chapters are specifically adopted:

A. Appendix Chapter I of the 2025 California Building Code titled "Patio Covers." is hereby adopted in its entirety.

B. Appendix Chapter A of the 2025 California Plumbing Code titled "Recommended Rules for Sizing the Water Supply System," is hereby adopted in its entirety.

C. Appendix Chapter I of the 2025 California Plumbing Code titled "Installation Standards," is hereby adopted in its entirety.

D. Appendix Chapter H of the 2025 California Plumbing Code titled "Private Sewage Disposal Systems," is hereby adopted in its entirety.

E. Appendix Chapter B of the 2025 California Fire Code titled "Fire Flow Requirements for Buildings," is hereby adopted in its entirety.

F. Chapter 1 of the 2025 California Building Code, is hereby adopted in its entirety.

(Ord. No. 2019-16, §§2, 3(Exh. A), 12-17-19; Ord. No. 2022-16, § 3, 11-15-22, effective 1-1-23; Ord. No. 2025-08, § 3(Exh. A), 12-2-25)

In addition to the requirements of Section R313 of the California Residential Code, an automatic fire sprinkler system shall be installed in all mobile homes, manufactured homes (HSC Sections 18007 and 18009) and multifamily manufactured homes with two dwelling units (HSC 18008.7) based on the manufacturer's construction completion date after December 31, 2010, that are set down on private property (excluding mobile home parks). The fire suppression system shall be permitted and approved through the California Department of Housing and Community Development (HCD), in accordance with Title 25 of the California Code of Regulations

In addition to the requirements of Section 903 of the 2025 California Building Code, an automatic fire extinguishing system shall be installed in every building of Group A, B, E, F, H, I, L, M, S or U with 5,000 or more square feet of floor area or two or more stories in height.

EXCEPTIONS:

1. Buildings separated into fire areas of less than 5,000 square feet by one or more four (4) hour separation walls constructed in accordance with Table 721.1(2) of the California Building Code, containing no openings and extending from the foundation to a point at least 30-inches above the roof line.

2. Canopies constructed entirely of non-combustible materials with no enclosing walls and spaced at least ten (10) feet from adjacent buildings or structures.

3. Mini-storage buildings constructed entirely of non-combustible materials and not containing hazardous materials.

4. Buildings with a single, small, low occupancy room on the second floor, when approved by the Fire Chief and Building Official.

(Ord. No. 2019-16, §§2, 3(Exh. A), 12-17-19; Ord. No. 2021-01, 3(Exh. A), 6-1-21; Ord. No. 2022-16, § 3, 11-15-22, effective 1-1-23; Ord. No. 2025-08, § 3(Exh. A), 12-2-25)

Previously constructed buildings with a floor area of 5,000 square feet or more and which are proposing to add floor area, change their occupancy classification to a more hazardous classification, or significantly alter or remodel the building, shall install an automatic fire extinguisher system.

EXCEPTIONS:

1. Minor tenant improvements, maintenance, and repair such as interior and exterior painting, carpeting, interior window coverings, drapes, interior non-bearing partitions, surface re-roofing or plumbing, mechanical and electrical repairs.

(Ord. No. 2019-16, §§2, 3(Exh. A), 12-17-19; Ord. No. 2022-16, § 3, 11-15-22, effective 1-1-23; Ord. No. 2025-08, § 3(Exh. A), 12-2-25)

A. General. Swimming pools, spas, and hot tubs shall comply with the requirements of this section and other applicable sections of the California Building Code, including Section 3109.1 incorporating the International Swimming Pool and Spa Code by reference.

B. Definitions. For the purposes of this section, "swimming pool" means any structure intended for swimming or recreational bathing that contains water over 18 inches in depth, including in-ground, above-ground, and on-ground pools, hot tubs, spas, and portable or fixed wading pools.

C. Barriers and Enclosures. All swimming pools, spas, and hot tubs shall be protected by a barrier not less than 60 inches in height meeting the construction and gate standards of CBC Section 3109 and ISPSC requirements.

D. Safety Features. When a building permit is issued for a new or remodeled swimming pool or spa, the pool or spa shall be equipped with at least two of the drowning prevention safety features listed in California Health and Safety Code Section 115922, as locally amended herein.

E. Construction Requirements. Pools and spas shall comply with anti-entrapment and circulation safety provisions per CBC Section 3109 and ISPSC.

(Ord. No. 2019-16, §§2, 3(Exh. A), 12-17-19; Ord. No. 2022-16, §§ 2,3(Exh. A), 11-15-22, effective 1-1-23; Ord. No. 2025-08, § 3(Exh. A), 12-2-25)

"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 and delivers electricity from a source outside an electric vehicle into a plug-in vehicle.

"Electronic submittal" means the utilization of one or more of either electronic mail, the internet, or the city's online portal.

"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 similar permit.

"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.

(Ord. No. 2024-07, § 2(Exh. A), 8-20-24)

The purpose of this chapter 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.

(Ord. No. 2024-07, § 2(Exh. A), 8-20-24)

This chapter applies to the permitting of all electric vehicle charging systems in the city. Electric vehicle charging systems legally established or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging 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. 2024-07, § 2(Exh. A), 8-20-24)

This section shall not apply to electric vehicle charging station projects that include additional scope. All electric vehicle charging station projects with additional scope shall be processed under Section 16.12.065 [of the] Hesperia Municipal Code and the provisions of this section shall not apply.

(Ord. No. 2024-07, § 2(Exh. A), 8-20-24)

A. All documents required for submission of an electric vehicle charging system application shall be made publicly available on the city's website.

B. By resolution, the city council shall adopt a checklist of all requirements with which electric vehicle charging systems shall comply to be eligible for expedited review.

C. The electric vehicle charging system permit process and checklist shall substantially conform to recommendations contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist contained in the Zero-Emission Vehicles in California; Community Readiness Guidebook adopted by the governor's office of planning and research.

D. The building official shall allow the electronic submittal of the electric vehicle charging station application.

(Ord. No. 2024-07, § 2(Exh. A), 8-20-24)

A. All electric vehicle charging systems 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 regarding safety and reliability.

B. 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.

C. 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.

(Ord. No. 2024-07, § 2(Exh. A), 8-20-24)

A. The building official shall implement an administrative review process to expedite approval of electric vehicle charging stations. Review of a complete permit application shall be limited to the building official's review of whether it meets all health and safety requirements of local, state, and federal law. Local law requirements shall be limited to those standards and regulations necessary to ensure there is no specific, adverse impact on public health or safety by the proposed installation.

B. A permit application that satisfies the information requirements in the checklist, as adopted by the City of Hesperia, shall be deemed complete.

C. A complete permit application and proposed installation that meets the required standards and approved checklist that does not have a specific, adverse impact on public health or safety shall not be denied.

D. An applicant that provides an incomplete permit application shall be provided with a written correction notice detailing all deficiencies in the application and any information required to be eligible for expedited permit issuance.

E. The building official may require an applicant to apply for a conditional use permit if the official makes a written finding, based on substantial evidence, that the proposed electric vehicle charging station could have a specific, adverse impact upon the public health or safety and conditions are necessary. The decision of the building official may be appealed to the city planning commission in accordance with the procedures of Section 16.12.055 of the Hesperia Municipal Code.

F. The director of development services may not deny an application for a conditional use permit unless he/she makes written findings based upon 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. The director's written findings shall include the basis for the rejection of potential feasible alternatives or conditions for preventing the adverse impact. The decision of the director may be appealed to the city's planning commission in accordance with the procedures of Section 16.12.055 of the Hesperia Municipal Code.

G. Any conditions imposed on an application shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. Government Code Section 65850.7 requires that the building official shall not condition the approval for any conditional use permit on the approval of such a system by an association, as that term is defined by Civil Code 4080.

H. 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.

(Ord. No. 2024-07, § 2(Exh. A), 8-20-24)