Lancaster Municipal Code Ch. 15.04 Administrative Code

Footnotes:

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Editor's note— Ord. No. 1139, § 1, adopted Oct. 28, 2025, amended Ch. 15.04 in its entirety to read as herein set out. Former Ch. 15.04, §§ 15.04.010—15.04.140, pertained to similar subject matter, and derived from Ord. No. 1094, § 1, adopted Nov. 8, 2022; Ord. No. 1106, § 4(Exh. A), adopted Oct. 10, 2023; Ord. No. 1130, § 4(Exh. A), adopted May 27, 2025.

A. That certain building code is known as the 2025 California Building Code, Chapter 1, Division II, incorporating by adoption the 2025 edition of the International Building Code with necessary California amendments, all published by the International Code Council, Inc., and as herein amended, are hereby adopted by reference, and such code shall be and become the Lancaster Administrative Code for Buildings and Construction, to serve as the administrative, organizational and enforcement rules and regulations for the technical codes which regulate the site preparation and construction, alteration, moving, demolition, repair, use, occupancy and maintenance of buildings, structures and building service equipment.

B. One copy of said California Building Code 2025 edition has been deposited in the office of the Chief Building Official and shall be at all times maintained by said Chief Building Official for use and examination by the public.

(Ord. No. 1139, § 1, 10-28-2025)

Section 101.4.8 of the California Building Code, Chapter 1, Division II, is hereby added to read as follows:

101.4.8 Definitions. Whenever any of the names or terms defined in this section are used in this Code, each such name or term shall be deemed and construed to have the meaning ascribed to be in this section as follows:

"Building Code" shall mean chapter 15.08 of the Lancaster Municipal Code.

"Building Official" shall mean the Building Official of the City of Lancaster.

"Residential Code" shall mean Chapter 15.09 of the Lancaster Municipal Code.

"Code Enforcement Agency" or "Local Building Department" shall mean Building & Safety of Community Development Division of the City of Lancaster.

"Electrical Code" shall mean Chapter 15.12 of the Lancaster Municipal Code.

"Elevator Code" shall mean the 2025 California Elevator Safety Construction Code.

"Energy Code" shall mean Chapter 15.28 of the Lancaster Municipal Code.

"Existing Building Code" shall mean Chapter 15.36 of the Lancaster Municipal Code.

"Fire Code" shall mean Chapter 15.32 of the Lancaster Municipal Code.

"Green Building Standards Code" shall mean Chapter 15.34 of the Lancaster Municipal Code.

"Historical Building Code" shall mean Chapter 15.30 of the Lancaster Municipal Code.

"Jurisdiction" shall mean the City of Lancaster.

"Mechanical Code" shall mean Chapter 15.16 of the Lancaster Municipal Code.

"Plumbing Code" shall mean Chapter 15.20 of the Lancaster Municipal Code.

"International Property Maintenance Code" shall mean Chapter 15.24 of the Lancaster Municipal Code.

"Technical Codes" shall mean Chapters 15.08, 15.09, 15.12, 15.16, 15.20, 15.22, 15.24, 15.25, 15.28, 15.30, 15.32, 15.34, and 15.36 of the Lancaster Municipal Code.

(Ord. No. 1139, § 1, 10-28-2025)

Section 103.1 of the California Building Code, Chapter 1, Division II, is hereby amended to read as follows:

103.1 Creation of enforcement agency. Building & Safety is hereby created within the Community Development Division, and the official in charge thereof shall be known as the Building Official.

(Ord. No. 1139, § 1, 10-28-2025)

Section 104 of the California Building Code, Chapter 1, Division II, is hereby amended by adding subsection 104.12, as follows:

104.12 Regulations. The Building Official is authorized to promulgate rules and regulations to implement the provisions of this code.

(Ord. No. 1139, § 1, 10-28-2025)

Section 105.2 of the California Building Code, Chapter 1, Division II, is hereby amended by adding the following:

Minor repairs to roof covering, which cumulatively total 100 square feet or 10% of the roof area of any structure regulated by the technical codes, whichever is the least, in any 12-month period. The exemption of a permit shall not be construed to mean that the repairs shall not comply with Chapter 15 of the Building Code.

(Ord. No. 1139, § 1, 10-28-2025)

Section 105.5 of the California Building Code, Chapter 1, Division II, is hereby amended to read and by adding the subsection 105.5.2, as follows:

105.5 Expiration. Except as set forth in subsection 105.5.2. Every permit issued for property within the City of Lancaster shall expire by limitation and become null and void as follows:

(i) If work authorized by such permit is not commenced within 360 days from the issuance date of the permit.

(ii) If work authorized by such permit is commenced within 360 days from the issuance date of the permit, such permit shall expire by limitation and become null and void if the work authorized by such permit is suspended or abandoned. For purposes of this subsection, "suspended or abandoned" shall mean that the permittee has, for a period of 180 days or longer after commencing the work authorized by such permit, failed to make substantial progress toward completion of the work, as determined by the Building Official. Failure to schedule, undergo, and/or pass a requisite interim or final inspection for a period of 180 days or longer since the issuance date of the permit or since the most recent interim inspection may be deemed to constitute a failure to make substantial progress toward completion of the work. The Building Official may, in his/her sole discretion, grant, in writing, one or more extensions of time for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

(iii) In the event of permit expiration, before work authorized pursuant to the expired permit can be commenced or recommenced, a new permit shall first be obtained (hereafter, a "renewal permit"). To obtain a renewal permit, the applicant may be required to resubmit plans and specifications, if deemed necessary by the Building Official and/or the City's Community Development Director. The applicant must pay all applicable fees, including but not limited to a plan check fee and building permit fees, in the amount then established by resolution of the City Council. If renewal permits are applied for, a mandatory site inspection shall be performed by Building & Safety to determine that existing conditions and materials comply with this code. All work to be performed under a renewal permit must be performed in accordance with all applicable technical codes, regulations, laws, and ordinances in effect on the date of issuance of the renewal permit. Renewal permits are subject to expiration as set forth in (ii) above.

(iv) In the event of permit expiration, any work performed under that permit is "unpermitted" as defined in Section 114.1 of this chapter, and is subject to the legalization provisions of Section 114.5 of this chapter.

105.5.2 Expiration — Unpermitted structures or grading. Notwithstanding any provision of section 105.5, if a building permit was issued in order to bring an unpermitted structure, unpermitted grading, or other unlawful, substandard or hazardous condition into compliance with any applicable law, ordinance, rule or regulation, such permit shall expire by limitation and become null and void sixty (60) days after the issuance date of such permit, if the permittee has failed to make substantial progress toward completion of the work as determined by the Building Official. Failure to schedule, undergo, and/or pass a requisite interim or final inspection for a period of 60 days since the issuance date of the permit or since the most recent interim inspection may be deemed to constitute a failure to make substantial progress toward completion of the work. The Building Official may, in his/her sole discretion, grant, in writing, one or more extensions of time for periods not more than 60 days each. The extension shall be requested in writing, and justifiable cause shall be demonstrated.

(Ord. No. 1139, § 1, 10-28-2025)

Section 107 of the California Building Code, Chapter 1, Division II, is hereby amended by adding the following:

107.6 Standard Plans. The Building Official may approve a set of plans for a building or structure as a "standard plan," provided that the applicant has made the proper application, submitted complete sets of plans as required by this section, and paid the plan review fees required.

Plans shall reflect laws and ordinances in effect at the time a permit is issued, except as provided herein. Nothing in this section shall prohibit modifying the permit set of plans to reflect changes in laws and ordinances that have become effective since the approval of the standard plan. The standard plan shall become null and void where the work required by such changes exceeds ten percent (10%) of the value of the building or structure. When it is desired to use an approved "standard plan" for an identical structure, the Building Official may require a plot plan and a duplicate plan to be submitted. Such duplicate plans shall be compared and stamped prior to permit issuance. All fees in effect at the time of permit issuance shall be paid prior to permit issuance.

Standard plans shall be valid for a period of one year from the date of approval, or until the effective date of a Building Code change, whichever comes first. The Building Official may extend this period when no changes in codes or ordinances have occurred. Building permit applications based on standard plans approved prior to the effective date of a Building Code change are valid for a period of 180 days from the date of the application and may not be extended. Building permits issued on applications submitted prior to the effective date of a Building Code change are valid for a period of 360 days from the date of issuance and may not be extended.

(Ord. No. 1139, § 1, 10-28-2025)

Section 109.2 of the California Building Code, Chapter 1, Division II, is hereby amended to read as follows:

109.2 Schedule of Permit Fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as adopted by resolution of the City Council of the City of Lancaster, as may be amended from time to time. For complex or atypical matters, the Building Official is authorized to assess fees based on published hourly rates.

109.6.1 Refund of Permit Fees.

• The Building Official shall not authorize the refund of any fee paid except upon the written application filed by the permit holder.

• No refunds shall be processed for expired permits or projects that have been abandoned. Abandoned is defined as no work or inspections for 180 days.

• No refunds shall be processed that have exceeded 45 days after the date of the payment.

• The Building Official may authorize the refunding of not more than 80 percent of the plan examination fee paid when an application is withdrawn or canceled prior to commencing any plan review.

• The Building Official may authorize the refunding of not more than 80 percent of the permit inspection fee paid when a permit that has been issued is withdrawn or canceled by the original permittee before any inspection has been completed, and the original permit and inspection card are returned.

• Permit Issuance, Fire Protection, Development Impact, Strong Motion, and Green Building fees are not refundable (unless erroneously paid/collected). This is because the money has already been put to use. If the project was canceled and/or the property sold, the new developer may receive credit towards Development Impact fees as approved by the Community Development Director, and/or Public Works Director.

• A processing fee will be applied to all refunds, in accordance with the schedule adopted by resolution of the City Council of the City of Lancaster, as may be amended from time to time.

(Ord. No. 1139, § 1, 10-28-2025)

Section 111.1 of the California Building Code, Chapter 1, Division II, is hereby amended to read as follows:

111.1 Use and Occupancy. No building or structure, regardless of occupancy classification, shall be used or occupied, and no change in the existing business or occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.

Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2.

(Ord. No. 1139, § 1, 10-28-2025)

Section 112 of the California Building Code, Chapter 1, Division II is hereby amended by adding the following:

112.4 No building shall be occupied for any purpose until all permanent utilities have been installed and are fully functional. There shall be no exceptions without the express written consent of the Building Official. For purposes of this section, an off-grid energy system, as defined in Section 15.12.050 of the Lancaster Municipal Code, shall be deemed a permanent utility provided the system complies with said Section 15.12.050 and with all off-grid development standards approved by the Building Official.

(Ord. No. 1139, § 1, 10-28-2025)

Section 113 of the California Building Code, Chapter 1, Division II, is hereby deleted in its entirety and replaced with the following:

113 Appeals. Appeals of orders, decisions, or determinations of the Building Official are limited to those enumerated in this section and shall be filed, scheduled, and conducted in accordance with this section.

113.1 Scope.

A. Notwithstanding the provisions of the Technical Codes or the State Housing Law (commencing with Section 17910 of Chapter 1 of Division 13 of the Calif. Health and Safety Code), an appeal is limited to the following orders, decisions, or determinations of the Building Official:

(1) Denials of the proposed use of alternative materials, design, or method of construction, installation, and/or equipment;

(2) Orders to Vacate and/or Not Enter a building, structure, or premises; however, such order shall not stay during the pendency of the appeal;

(3) Orders to Demolish a building or structure; however, an order to vacate that may be issued in conjunction with an Order to Demolish shall not stay during the pendency of the appeal;

B. The right of appeal shall not exist for determinations of the Building Official, or a designee thereof, that a violation of any provision of the Technical Codes exists in a building or structure, or portion thereof, or on any premises.

113.2 Appeal Procedure.

A. Any person who is aggrieved by any order, decision or determination of the Building Official, as provided in subsection 113.1 may contest said order, decision or determination by filing an appeal, in writing on a City approved form, with the City Clerk within ten (10) business days from the date of service of the order, decision or determination being appealed. The appeal must specify the basis for the appeal in detail, provide a mailing address and telephone number for the appellant, and include the applicable fee. If a timely appeal is not received by the City Clerk, the right to appeal is waived, and the order, decision, or determination of the Building Official is deemed final and binding.

B. Appeals shall be heard before an impartial hearing officer, designated by the City Manager or his/her designee. Only those matters or issues specifically raised in the written appeal shall be considered in the hearing.

C. If the appellant fails to appear, the hearing officer shall cancel the hearing and send a notice thereof to the appellant by first-class mail to the address stated on the appeal form. Cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant's waiver of the right to appeal. In such instances, the order, decision, or determination of the Building Official is final and binding.

D. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The order, decision, or determination of the Building Official shall be prima facie evidence of the violation. The appellant, and the Building Official or his/her designee shall have the opportunity to present relevant evidence and witness testimony. The appellant may represent himself/herself or be represented by any one of his/her choices. The appellant may bring an interpreter to the hearing at his/her sole expense.

E. Within thirty calendar days following the appeal hearing, the hearing officer shall affirm, modify, or rescind the order, decision, or determination of the Building Official. A written decision shall be served on the appellant by first-class mail to the address stated on the appeal form. Failure of an appellant to receive a properly addressed decision shall not invalidate any action or proceeding by the City.

F. Any person who is aggrieved by the decision of the hearing officer may appeal said decision to the Board of Appeals, which shall be comprised of members of the City Council and the Building Official, who shall be an ex officio member. An appeal shall be in writing, must be filed in the same manner, within the same time period, and contain the same information as an appeal to the hearing officer, as provided in Subsection A of this Section. A second appeal fee must accompany the written appeal. If a timely appeal is not received by the City Clerk, the decision of the hearing officer is deemed final and binding. Failure to appeal a decision to the Board of Appeals shall constitute a failure to exhaust the aggrieved person's administrative remedy.

G. Appeals before the Board of Appeals shall be conducted in the manner set forth in Chapter 2.44 of the Lancaster Municipal Code.

113.3 Limitation on Authority of Board of Appeals. The Board of Appeals shall have no authority to waive the technical requirements of the Building Code or other technical codes adopted in Title 15 of the Lancaster Municipal Code.

113.4 Appeals of Actions Related to Access to Public Accommodation by Physically Disabled Persons. The City Council shall have the authority to review decisions by the Building Official in the enforcement of the requirements of the California Health & Safety Code, sections 19955 through 19959, related to access to public accommodation by Physically Disabled Persons. Appeals of such decisions shall be filed, scheduled, and conducted in the manner set forth in Chapter 2.44 of the Lancaster Municipal Code.

(Ord. No. 1139, § 1, 10-28-2025)

Subsection 114.1 of the California Building Code, Chapter 1, Division II, is hereby amended to read as follows:

114.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure, equipment, installation or land regulated by the Technical Codes, or cause or permit the same to be done, in conflict with or in violation of any of the provisions of the Technical Codes.

114.1.1 Unpermitted structures. No person shall own, use, occupy, or maintain an unpermitted structure. For purposes of this section, "unpermitted structure" shall be defined as any building or structure, or portion thereof, or any electrical, plumbing, mechanical or other installation or fixture, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, installed, converted, demolished or equipped, at any point in time by any person, without the required permit(s) having first been obtained from the Building Official or with a valid permit as issued by the Building Official which subsequently expired and became null and void.

114.1.2 Unpermitted grading. No person shall own, use, occupy, or maintain unpermitted grading. For purposes of this section, "unpermitted grading" shall be defined as any land which has been excavated, cut, filled, graded, compacted or terraced, at any point in time by any person, without the required permit(s) having first been obtained from the Building Official or with a valid permit as issued by the building which subsequently expired and became null and void.

(Ord. No. 1139, § 1, 10-28-2025)

Subsection 114.4 of the California Building Code, Chapter 1, Division II, is hereby amended to read as follows:

114.4 Violation Penalties. Any person, firm or corporation who violates any provision of the Technical codes, or fails to comply with any of the requirements thereof, or who erects, constructs, alters, repairs or maintains a building, structure, installation or equipment, or excavates, cuts, fills, grades, compacts or maintains land in violation of approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of the Technical Codes, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the punishments set forth in Chapter 1.12 of the Lancaster Municipal Code.

(Ord. No. 1139, § 1, 10-28-2025)

Subsection 114 of the California Building Code, Chapter 1, Division II, is hereby amended by adding thereto Subsection 114.5, Procedure for legalizing unpermitted structures or grading, to read as follows:

114.5 Procedure for legalizing unpermitted structures or grading. The procedures specified within subsections 114.5.1 through 114.5.6 shall be followed whenever an attempt is made to legalize an unpermitted structure or unpermitted grading.

114.5.1 Permits. Any person who wishes to legalize an unpermitted structure or unpermitted grading, as defined in Subsections 114.1.1 and 114.1.2, shall obtain all applicable permits. Unpermitted structures and grading shall comply with all current Technical Code requirements and other required approvals pursuant to the Lancaster Municipal Code in order to be legalized. Permits obtained to legalize unpermitted structures or grading shall expire as set forth in Section 105.5.1 of this code.

114.5.2 Plans. Prior to the issuance or granting of any permit to legalize an unpermitted structure, plans showing the plot plan, exterior elevations, existing structures, proposed structures, and proposed finish materials shall be submitted to the Building Official and Planning Director, or their designees, for review and approval.

114.5.3 Grading. Prior to the issuance or granting of any permit to legalize unpermitted grading, a grading and drainage plan showing the original grade and existing unpermitted grade on the premises, the existing grade on adjoining properties, and a soils report shall be submitted to the Building Official for review and approval.

114.5.4 Inspections. Unpermitted structures or unpermitted grading for which a permit has subsequently been obtained shall be subject to inspection by the Building Official in accordance with, and in the manner prescribed in, the Technical Codes. The Building Official may require the removal of finish materials in order to expose framing elements, electrical components, plumbing fixtures, or mechanical systems, or may require the removal of the fill, to verify that installation, construction, or grading was performed in conformance with the Technical Codes.

114.5.5 Investigation. Whenever any work for which a permit is required by this code has commenced on land or in connection with any type of structure without first obtaining a said permit, a special investigation may be required (at the discretion of the Building Official) before a permit may be issued for such work. For purposes of this section, "special investigation" shall include, but is not limited to, inspecting premises and structures, reviewing permit, license and other records of the City or other agencies, reviewing plans, taking photographs, engaging in conferences and communications with other officials of the City or other agencies, and engaging in conferences and communications with owners or other responsible persons concerning the unpermitted structure or grading.

114.5.5.1 Fee. A special investigation fee shall be paid prior to the issuance of a permit for an unpermitted structure or unpermitted grading. The fee shall be equal to the amount of time expended by City officials in undertaking the special investigation, as defined in Section 114.5.5, charged at the hourly rate that has been established by resolution of the City Council for recovery of code enforcement re-inspection fees. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

114.5.6 Unpermitted structures or grading which cannot be legalized. If the Planning Director determines that the City's zoning regulations prohibit the legalization of any unpermitted structure, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections, and approvals.

If the Building Official determines that an unpermitted structure cannot be made to conform to the current applicable Technical Code requirements, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections, and approvals.

If the Building Official determines that unpermitted grading and/or lot drainage cannot be made to conform with current applicable Technical Code requirements, the land shall be fully restored to the condition that preceded the unpermitted grading, with all requisite permits, inspections, and approvals.

(Ord. No. 1139, § 1, 10-28-2025)