Kern County Municipal Code Ch. 17.06 Residential Code

Footnotes:

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Editor's note— Ord. No. G-9359, § 3, adopted Nov. 4, 2025, repealed the former Ch. 17.06, §§ 17.06.010—17.06.320, and enacted a new Ch. 17.06 as set out herein. The former Ch. 17.06 pertained to similar subject matter and derived from Ord. No. G-8866, § 3, adopted Nov. 5, 2019; Ord. No. G-9078, §§ 2, 3, adopted Jan. 25, 2022; and Ord. No. G-9179, § 3, adopted Nov. 8, 2022.

This chapter may be cited as the "Kern County Residential Code."

(Ord. No. G-9359, § 3, 11-4-25)

This chapter shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every detached one- and two-family dwelling or townhouse, not more than three stories above grade plane in height with a separate means of egress and accessory structures accessory thereto not more than three stories above grade plane in height throughout the unincorporated territory of the county of Kern, excepting those exempted therefrom.

(Ord. No. G-9359, § 3, 11-4-25)

California Code of Regulations, Title 24 Part 2.5 being that portion of the 2025 edition of the California Building Standards Code, referred to as the California Residential Code, including Appendix Chapters BB, BF, CI, and CJ and as modified and amended by this chapter, is adopted by this reference into the Kern County Residential Code. Additions and modifications to the California Building Standards Code (made by this chapter) are made by reference to the appropriate section of the California Residential Code.

(Ord. No. G-9359, § 3, 11-4-25)

The following provisions of the California Residential Code are not adopted as part of this chapter and shall not apply thereto:

A. Section 1.8.8 Building Appeals Board

B. Section R103 Code Compliance Agency

C. Section R104.2.3.1 Flood Hazard Areas

D. Section R104.3.1 Determination of substantially improved or substantially damaged existing buildings in flood hazard areas

E. Section R105.3.2 Time limitation of application

F. Section R105.5 Expiration

G. Section R112 Means of Appeals

H. Appendix Chapters AA, AB, AC, BA, BC, BD, BE, BG, BH, BI, BJ, BK, BL, BM, BN, BO, CA, CB, CC, CD, CE, CF, CG, CH, CK, NA, NB, NC, ND, NE, NF, NG, NH, NI, NJ, NK, NL

(Ord. No. G-9359, § 3, 11-4-25)

The following sections of the California Residential Code are amended to read as set out in this chapter.

(Ord. No. G-9359, § 3, 11-4-25)

Section R105.2, item 3 under Building: is amended to read as follows:

3. Retaining walls that are not over four feet (1219 mm) in height measured from the bottom of the footing to the top of the wall.

EXCEPTIONS:

a. Supporting a surcharge or impounding Class I, II or III-A liquids.

b. Walls retaining soils within a 2:1 (horizontal to vertical) slope of the lowest finished grade at property line shall be constructed from 6-inch minimum nominal thickness masonry or concrete, unless a permitted retaining wall or otherwise exempt retaining wall is protecting the property line. Other construction materials may be approved on a case by case basis by the building official.

(Ord. No. G-9359, § 3, 11-4-25)

Section R106.3.1 is amended by replacing the first sentence to read as follows:

R106.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, which states "Approved."

(Ord. No. G-9359, § 3, 11-4-25)

Section R109.1.3 is amended to read as follows:

R109.1.3 Floodplain inspections. In flood hazard areas, subject to regulation by the County's Floodplain Management Ordinance being Chapter 17.48 upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certificate required in Chapter 17.48 shall be submitted to and approved by the building official. Wherever this code refers to flood or flood hazard areas, the user is directed to Chapter 17.48.

(Ord. No. G-9359, § 3, 11-4-25)

Section R109.3.1 is added to read as follows:

R109.3.1 Inspection record card. Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder shall have posted or otherwise made available an inspection record card such as to allow the building official to conveniently make the required entries thereon regarding inspection of the work. The card and approved plans shall be maintained available by the permit holder until final approval has been granted by the building official.

(Ord. No. G-9359, § 3, 11-4-25)

Section R110.1, Exception 2 is amended to read as follows:

2. Nonbuilding structures.

(Ord. No. G-9359, § 3, 11-4-25)

Section R301.2 is amended by replacing the last sentence with the following:

Additional criteria shall be established by the local jurisdiction based on site specific information. Whenever reference is made to Table R301.2 by any section of this code, refer to other sections contained herein of this code for the required information, or contact the building official.

(Ord. No. G-9359, § 3, 11-4-25)

Section R301.2.1 is amended by replacing the words "Figure R301.2(2)" WITH "Figure R301.2(2)A" and adding the following paragraph:

The basic design wind speed, v, in mph, for the determination of the wind loads in Kern County shall be determined from Figure R301.2(2)A based on the corresponding Risk Category assigned to the structure. For purposes of this section, the Special Wind Region shall be defined as shown per Figure R301.2(2)A.

(Ord. No. G-9359, § 3, 11-4-25)

A new Figure R301.2(2)A is added to Chapter 3 and is found at the end of this chapter.

(Ord. No. G-9359, § 3, 11-4-25)

Section R301.2.3 is amended by adding the following:

If no statistical analysis of data is available, ground snow loads, based on site elevations, may be assumed as follows:

(Ord. No. G-9359, § 3, 11-4-25)

Section R301.2.4 is amended to read as follows:

R301.2.4 Geological or Flood Hazard. If, in the opinion of the building official, a structure to be used for human habitation or occupancy is proposed to be located such that it would be subject to geological or flood hazard to the extent that it would endanger human life safety, a permit to construct shall be denied, unless corrective work satisfactory to the building official can be done to eliminate or sufficiently reduce the hazard. No structures shall be permitted where expressly prohibited under Title 19 or Chapter 17.48 of the Ordinance Code.

The building official, in formulating his opinion as to the extent of the hazard, may take into consideration such data as is available from federal, state, and local agencies, and other County departments having information and knowledge relative to such hazardous conditions. He may require applicants to furnish geological and/or engineering studies, reports, and recommendations for corrective work sufficient to establish the safety of the proposed structure, and for which a qualified registered geologist or engineer shall assume full responsibility.

(Ord. No. G-9359, § 3, 11-4-25)

Table R301.5 is amended as follows:

The required live load for "Sleeping areas" is amended to 40 pounds per square foot (psf) uniform load. The remainder of Table R301.5 remains unchanged.

(Ord. No. G-9359, § 3, 11-4-25)

Table R302.1(2) is amended by deleting footnote a.

(Ord. No. G-9359, § 3, 11-4-25)

Section R302.6 is amended by adding a sentence to read as follows:

In one and two-family dwellings that do not have an automatic residential fire sprinkler system, all references in Table R302.6 to "½-inch gypsum board" shall be revised to read "5/8-inch Type X gypsum board."

(Ord. No. G-9359, § 3, 11-4-25)

Section R302.13 is amended by adding exception 6 to read as follows:

6. Exterior deck assemblies located over spaces not intended for human occupancy, storage, or fuel-fired appliances.

(Ord. No. G-9359, § 3, 11-4-25)

Section R302.16 is added to read as follows:

R302.15 Sound Transmission. Wall and floor ceiling assemblies separating dwelling units and townhouse units, shall be provided with sound transmission insulation in accordance with Section 1206 of the California Building Code.

(Ord. No. G-9359, § 3, 11-4-25)

Item No. 1 of Section R309.2 is amended to read as follows:

1. An automatic residential fire sprinkler system shall not be required for additions or alterations to existing one- and two-family dwellings that are not already provided with an automatic residential sprinkler system unless the alteration involves reconstruction of 90% or more of the structure above the slab/foundation. Any existing structure that is being converted to a one- or two-family dwelling for the first time is considered a new dwelling.

(Ord. No. G-9359, § 3, 11-4-25)

All of Section R306 shall be amended to read as follows:

R306.1 General. Buildings and structures located in whole or in part in flood hazard areas shall comply with Chapter 17.48 of the Ordinance Code and other applicable sections of this code.

(Ord. No. G-9359, § 3, 11-4-25)

Section R401.1 shall be amended by replacing the last sentence of the first paragraph and all of the listed exceptions with the following:

Wood foundations shall not be permitted.

EXCEPTIONS:

1. Non-occupied, single story, detached wood or metal storage sheds and similar uses other than a garage or carport, may be supported on skids provided the skids are anchored to the surface, the building width does not exceed 14 feet, the building length does not exceed 40 feet, the plate height does not exceed 12 feet above grade at any point, and the maximum roof projection does not exceed 24 inches.

2. At the discretion of the building official, pressure treated wood posts or poles embedded in earth or in concrete footings may be used for minor accessory buildings, typically limited to 200 square feet, and nonbuilding structures.

(Ord. No. G-9359, § 3, 11-4-25)

Section R401.3 shall be amended to read as follows:

R401.3 Drainage. Surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection that does not create a hazard. The ground immediately adjacent to the foundation shall be sloped away from the building at a slope of not less than a 2 percent slope for a minimum distance of 10 feet (3048 mm) measured perpendicular to the face of the wall. If physical obstructions or lot lines prohibit 10 feet (3048 mm) of horizontal distance, a 2 percent slope shall be provided to an approved alternate method of diverting water away from the foundation. Swales used for this purpose shall be sloped a minimum of 1 percent where located within 10 feet (3048 mm) of the building foundation. Impervious surfaces within 10 feet (3048 mm) shall be sloped a minimum of 1 percent away from the building.

EXCEPTION: Where climatic or soil conditions warrant, the slope of the ground away from the building foundation is permitted to be reduced to not less than 1 percent.

The procedure used to establish the final ground level adjacent to the foundation shall account for additional settlement of backfill.

(Ord. No. G-9359, § 3, 11-4-25)

Section R401.4.1 shall be amended by adding the following to the end of the paragraph:

Unless supported on bedrock, a soils investigation is required when the assumed load-bearing pressure exceeds 1500 pounds per square foot. A soils investigation shall also be required when the assumed lateral soil load values per California Building Code Table 1610.1 are not based on Class 5 soil materials as defined in California Building Code Table 1806.2. The Building Official may also require a soils investigation in areas where questionable soils are known to exist, if questionable soils are encountered during construction, or where otherwise required by other sections of the Ordinance Code or State or Federal regulations.

(Ord. No. G-9359, § 3, 11-4-25)

Section R404.1.4.1 is amended to read as follows:

In buildings assigned to seismic design category D 0 , D 1 , or D 2 , as established in table R301.2, masonry foundation walls shall be constructed in accordance with table R404.1.2.1(2), R404.1.2.1(3), or R404.1.2.1(4). Masonry foundation walls shall have two No. 4 (No. 13) horizontal bars located in the upper 12 inches (305mm) of the wall.

(Ord. No. G-9359, § 3, 11-4-25)

Section R404.1.4.2 is amended to read as follows:

In buildings assigned to seismic design category D 0 , D 1 , or D 2 , as established in table R301.2, concrete foundation walls that support above grade concrete walls shall comply with ACI 318, ACI 322, or PCA 100 (see section—R404.1.3). Concrete foundation walls that support light frame walls shall be provided with horizontal reinforcement in accordance with table R404.1.3.2(1), and vertical reinforcement in accordance with table R404.1.3.2(2), R404.1.3.2(3), R404.1.3.2(4), R404.1.3.2(5), R404.1.3.2(6), R404.1.3.2(7), or R404.1.3.2(8). Where Tables R404.1.3.2(2) through R404.1.3.2(8) permit plain concrete walls, not less than No. 4 vertical bars at spacing not exceeding 48 inches shall be provided.

(Ord. No. G-9359, § 3, 11-4-25)

Section R404.2 is amended to read as follows:

Wood foundation walls shall not be used for buildings or structures, except for retaining walls not over four feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, not supporting a surcharge or impounding Class I, II or III-A liquids, and not protecting a property line.

(Ord. No. G-9359, § 3, 11-4-25)

Section R408.7 is amended to read as follows:

Buildings and structures located in whole or in part in flood hazard areas shall comply with Chapter 17.48 of the Ordinance Code and other applicable sections of this code.

(Ord. No. G-9359, § 3, 11-4-25)

Section R502.3.1 is amended to read as follows:

R502.3.1 Attic joists. Table R502.3.1(1) shall be used to determine the maximum allowable span of floor joists that support attics that are accessed by means of a fixed stairway in accordance with Section R318.7 provided the design live load does not exceed 30 pounds per square foot (1.44 kPa) and the design dead load does not exceed 20 pounds per square foot (0.96 kPa). The allowable span of ceiling joists that support attics used for limited storage or no storage shall be determined in accordance with Section R802.5.

(Ord. No. G-9359, § 3, 11-4-25)

Table R502.3.1(1) is amended by replacing the words "Residential sleeping areas" with "Habitable attics" in the Table heading.

(Ord. No. G-9359, § 3, 11-4-25)

Exception 1 to Section R506.3.3 is amended to read as follows:

1. Detached structures limited to garages, utility buildings and other unheated accessory structures.

(Ord. No. G-9359, § 3, 11-4-25)

Section R606.4.4 is amended to read as follows:

Masonry parapet walls shall be reinforced in accordance with Section R606.12.

(Ord. No. G-9359, § 3, 11-4-25)

Section R606.12.2.2.3 is amended to read as follows:

R606.12.2.2.3 Reinforcement requirements for masonry elements. Masonry elements listed in Section R606.12.2.2.2 shall be reinforced in either the horizontal or vertical direction as shown in Figure R606.11(3) and in accordance with the following:

1. Horizontal reinforcement. Horizontal joint reinforcement shall consist of not less than one No. 4 bar spaced not more than 48 inches (1219 mm). Horizontal reinforcement shall be provided within 16 inches (406 mm) of the top and bottom of these masonry elements.

2. Vertical reinforcement. Vertical reinforcement shall consist of at least one No. 4 bar spaced at no more than 48 inches (1219 mm). Vertical reinforcement shall be within 8 inches (406 mm) of openings and the ends of masonry walls.

(Ord. No. G-9359, § 3, 11-4-25)

Section R908.1 is amended by adding a paragraph to read as follows:

Where the reroofing is less than thirty percent (30) of the roof area and less than fifteen hundred (1500) square feet for Group R, Division 3 Occupancies, or buildings accessory thereto, building permits for the reroofing are not necessary.

(Ord. No. G-9359, § 3, 11-4-25)

Section R908.2 is amended by adding a sentence to read as follows:

If the proposed reroof results in a net increase of more than 3 pounds per square foot, a roof framing plan shall be provided to the building official to verify structural adequacy.

(Ord. No. G-9359, § 3, 11-4-25)

[Figure]

(Ord. No. G-9359, § 3, 11-4-25)