Laguna Niguel Municipal Code Art. 2 2025 California Building Code and Related Codes

For the purpose of prescribing regulations for the erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of all buildings and structures in the city, the city council hereby adopts by reference the following codes in their entirety subject to the amendments, additions and deletions set forth hereinafter:

(a) 2025 Edition of the California Building Code, based on the 2024 International Building Code as published by the International Code Council;

(b) 2025 Edition of the California Residential Code, based on the 2024 International Residential Code as published by the International Code Council;

(c) 2025 Edition of the California Green Building Standards Code, as published by the California Building Standards Commission;

(d) 2024 Edition of the International Property Maintenance Code, as published by the International Code Council;

(e) 2025 Edition of the California Electrical Code, based on the 2023 National Electrical Code as published by the National Fire Protection Association;

(f) 2025 Edition of the California Plumbing Code, based on the 2024 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials;

(g) 2024 Edition of the International Swimming Pool and Spa Code, as published by the International Code Council;

(h) 2025 Edition of the California Mechanical Code, based on the 2024 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials;

(i) 2025 Edition of the California Administrative Code as published by the International Code Council;

(j) 2025 Edition of the California Wildland-Urban Interface Code, based on the 2024 International Wildland-Urban Interface Code as published by the International Code Council;

(k) 2025 Edition of the California Energy Code, based on the 2024 California Energy Code as published by the International Code Council.

The provisions of these codes, as amended in this title, shall constitute the Building Regulations of the City of Laguna Niguel. The foregoing codes are on file for public examination in the office of the building official. One copy of the each of the codes adopted herein is filed in the office of the city clerk.

(Ord. No. 2025-237, § 2, 12-2-25)

Chapter 1, Division II, Scope and Administration, is adopted in its entirety with the following amendments:

Section 104.8, "Liability," is amended to include the following:

The provisions of this section shall apply if the Building Official or his/her authorized representative are employees of this jurisdiction and shall also apply if the Building Official or his/her authorized representative are acting under contract as agents of this jurisdiction.

Section 105.2, "Work Exempt from Permit," is amended to revise Item Nos. 2 and 9 and remove Item No. 4 as follows:

105.2 Work Exempt from Permit:

2. Walls, fences and/or gates less than 42 inches in height.

3. (Removed).

4. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.

Section 105.3.2.1 "Permit application time limits from code enforcement action," is hereby added as follows:

105.3.2.1 Permit application time limits from code enforcement action. Applications for a permit for any proposed work submitted as the result of a Code Enforcement written Notice of Violation for which no permit is issued shall be deemed to have expired 60 days from the date of filing. The Building Official is authorized to grant extensions of time for justifiable good cause. The extension shall be requested by the owner or designee in writing and justifiable cause demonstrated.

Section 105.5, "Expiration," is hereby amended to read as follows:

105.5 Expiration of building permit. Every permit issued shall become expired unless the work on the site authorized by such permit is commenced within 12 months after its issuance unless the permittee has abandoned the work authorized by the permit, or if the work authorized on the site by such permit is suspended pursuant to Health & Safety Code (H&SC) Section 18938.5(b)(2)(C). For the purpose of this section, the existence of circumstances or facts leading the Building Official to conclude that the work has ceased with no apparent intent to recommence, or otherwise that the work cannot be performed shall be deemed to be abandonment of work as referenced in H&SC Section 18938.6. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each, subject to Section 105.5.2. As a condition of granting any permit extension, the Building Official may require the payment of permit fees based on the remainder of work to be completed. The Building Official shall not grant an extension unless the permittee submits a written application and demonstrates that there is justifiable cause for the extension requested in accordance with the findings set forth in Section 105.5.2.

Section 105.5.2, "Extensions of building permit," is hereby added to read as follows:

105.5.2 Extensions of building permit. Upon written request of the owner or designee, the Building Official may grant one or more extensions of the period for completion of construction, in writing, each for a period not to exceed 180 days. The written request must demonstrate justifiable cause for the extension to the Building Official, who shall have the authority to make such a determination that justifiable cause exists to grant the extension. The Building Official shall not find that justifiable cause exists to grant the extension unless the Building Official make all of the following findings: (1) that due to circumstances beyond the owner's or permittee's control, construction could not be completed within the time frame allowed by this section; (2) that reasonable progress has been made; (3) that the condition of the property presents no health or safety hazard; and (4) that the continued delay will not create any unreasonable visual or physical detriment to the neighborhood. Any request for extension shall be submitted not less than 15 days prior to the expiration date of the building permit. The Building Official shall have the discretion to deny any extension requested, or to grant an extension of less than 180 days based on the extension application.

Section 105.8, "Maintenance of residential property during remodeling," is hereby added to read as follows:

105.8 Maintenance of residential property during remodeling. During remodeling, all property shall be maintained in a reasonably clean and well-kept manner. All lumber and building materials shall be neatly piled or stacked in a safe manner and stored in the rear yard of the residential property or inside of the building construction perimeter except that building materials may be stored in a front yard for a period not to exceed 60 days. Properties shall be secured by fencing when the Building Official determines fencing is necessary for public safety and/or welfare.

Section 105.9, "Reconstruction," is hereby added to read as follows:

105.9 Reconstruction. If the value of the reconstruction (or renovations) of a building is equal to or exceeds 75% of the current value of the building, the entire building shall comply with the code provisions for new construction. The value of the reconstruction (or renovation) for a property shall include the value of all construction stemming from construction-related permits issued within the last two years.

Section 112.4, "Underground utilities required," is added to read as follows:

112.4 Underground utilities required. The Building Official shall, as a condition precedent to the issuance of a building permit, require all utility services located within the exterior boundary lines of a lot or parcel of property to be installed underground if:

1. The property is to be developed with a new or relocated main building.

2. The remodeling, alteration or addition to an existing main building exceeds 50% of the value or area of the existing building.

3. A residential building or use is converted to any nonresidential use or purpose.

For purposes of this section, the term "main building" shall mean a building in which is conducted the principal use of the lot or building site on which it is located.

The owner or developer of the property is responsible for complying with the requirements of this section and shall provide all necessary facilities on the property to receive such service from the supplying utilities.

If it is determined that practical difficulties or unreasonable hardships inconsistent with the purposes of this chapter and unique to a particular parcel of property would result from the literal interpretation of this section, the Building Official may waive, modify or delay the imposition of any under-grounding requirement imposed pursuant to the section upon written application of any affected property owner. If the Building Official determines to delay the installation of required underground utilities, a recorded agreement guaranteeing the future performance of the work may be required, together with adequate performance security enforceable by the City in the form of a cash deposit, bond letter of credit or other instrument satisfactory to the City Attorney.

For purposes of this section, appurtenances and associated equipment, such as but not limited to surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system, may be placed above ground.

(Ord. No. 2025-237, § 2, 12-2-25)

Section 202, "Definitions," is hereby amended by adding "OCFA" and "Spark Arrester" in alphabetical order, as follows:

OCFA. The Orange County Fire Authority which is the fire department/authority having jurisdiction.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.

(Ord. No. 2025-237, § 2, 12-2-25)

Section 502.1, "Address identification," is hereby amended as follows:

502.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches in height with a stroke width of not less than 0.5 inch. For commercial and other occupancies the numbers shall be a minimum of 6 inches high with a minimum stroke width of 1 inch. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

(Ord. No. 2025-237, § 2, 12-2-25)

Section 903.2, "Where required," is hereby amended to read as follows:

903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:

1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.21, an automatic fire sprinkler system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.

Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code.

2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:

a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5,000 square feet as defined in Section 202.

b. When an addition exceeds 2,000 square feet and the resulting building area exceeds 5,000 square feet as defined in Section 202.

c. An additional story is added above the second floor regardless of fire area or allowable area.

Exception: Additions to Group R-3 occupancies shall comply with Section 903.2.8.2.

Section 903.2.8, "Group R," is hereby amended to read as follows:

903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New Buildings: An automatic sprinkler system shall be installed throughout all new buildings.

2. Existing Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:

a. When the floor area of alterations within any two-year period exceeds 50% of gross floor area of the existing structure and the building gross floor area exceeds 5,500 square feet.

b. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.

Section 903.3.5.3, "Hydraulically calculated systems," is hereby added as follows:

903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 pound per square inch (psi), and when required by the Fire Code Official, the fire sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3.

[Figure]

(Ord. No. 2025-237, § 2, 12-2-25)

Table 1505.1, "Minimum Roof Assembly Classification for Types of Construction," is amended to read as follows:

TABLE 1505.1 MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION

Section 1505.1.2, "Roof Coverings within all other areas other than Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI)," is amended to read as follows:

1505.1.2 Roof Coverings within all other areas other than Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI). The entire roof covering of every existing structure where more than 50% of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A.

Section 1505.5, "Nonclassified roofing," is amended by deletion of the entire section.

Section 1505.7, "Requirements for roof coverings," is amended by deletion of the entire section.

(Ord. No. 2025-237, § 2, 12-2-25)

Section 115922(a) of Section 3109.2, "California Swimming Pool Safety Act (Statewide)," is hereby amended 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 No. 1 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 single-family structure or accessory structures used to complete the isolation enclosure must have door openings equipped with protection as required in Item No. 4 or No. 5. Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature.

2. Removable mesh pool 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. A manually operated or power operated safety pool cover that is accompanied by a label verifying that the cover meets the specifications of the ASTM International F1346-23 standard.

4. Exit alarms on the private single-family home's doors that provide direct access to the swimming pool or spa without any intervening enclosure. Whenever a door is opened or left ajar, exit alarms shall make either an audible, continuous alarm sound or a repeating verbal warning, such as a notification that "the door to the pool is open". An exit alarm may be battery operated or connected to the electrical wiring of the building.

5. A self-closing, self-latching device with a release mechanism placed no lower than 54 inches (1372mm) above the floor on the private single-family home's doors providing direct access to the 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. These pool alarms 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 safety prevention 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 have been independently verified by an approved testing laboratory as meeting standards for those devices established by the ASTM or the American Society of Testing Mechanical Engineers (ASME).

Prior to the issuance of any final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention devices required by this act and if no violations are found, shall give final approval.

Section 3109.2.1, "Residential swimming pools," is hereby added to read as follows:

3109.2.1 Residential swimming pools.

3109.2.1.1 Disclosure statement. The owner of the property where the swimming pool is located shall sign and file with the City, a disclosure statement certifying the homeowner's understanding of the potential life-safety hazards associated with a swimming pool and the need to maintain the barrier requirements set forth in Sections 3109.4.1.1 through 3109.4.1.9.

3109.2.1.2 Maintenance. Failure to maintain the barrier or comply with all provisions of this section may result in an enforcement action by the City requiring the immediate draining of the pool. The pool shall not be refilled until such time compliance has been achieved with all provisions of this section. All swimming pool water shall be maintained in a clear condition, which is free of algae, insects, debris, and in a sanitary condition.

3109.2.1.3 Approval. Plaster inspection or approval to fill the pool with water shall be withheld by the Building Official until there has been compliance with all provisions of this article.

3109.2.1.4 Modifications. When there are practical difficulties involved in carrying out the provisions of this section, the Building Official may grant modifications for individual cases. The Building Official shall first find that a special individual reason makes the strict letter of this section impractical and that the modification is in conformance with the intent and purpose of this section and that such modification does not lessen the degree of protection afforded by the provisions of this section. The details of any action granting modifications shall be recorded and entered into the files of the Community Development Department, including the building permit file for the respective property.

(Ord. No. 2025-237, § 2, 12-2-25)