Lancaster Municipal Code Ch. 15.36 Existing Building Code

Footnotes:

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Editor's note— Ord. No. 1139, § 1, adopted Oct. 28, 2025, amended Ch. 15.36 in its entirety to read as herein set out. Former Ch. 15.36, §§ 15.36.010—15.36.120, pertained to similar subject matter, and derived from Ord. No. 1094, § 1, adopted Nov. 8, 2022.

A. That certain existing building code is known and designated as the 2025 California Existing Building Code, incorporating by adoption the 2025 edition of the International Existing 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 codes shall be and become the Lancaster Existing Building Code, regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, use, height, area and maintenance of all structures and certain equipment therein, and the grading of premises, and providing penalties for violation of such codes.

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

(Ord. No. 1139, § 1, 10-28-2025)

Section 103.1 of the Existing Building Code is hereby amended to read as follows:

103.1 Enforcement Authority. The Building Official of the City of Lancaster shall be the "code official" as defined in this chapter.

(Ord. No. 1139, § 1, 10-28-2025)

Section 103.3 of the Existing Building Code is hereby amended to read as follows:

103.3 Deputies. Building inspectors, code enforcement officers, public safety officers, and other City personnel designated by the City Manager and/or the Building Official are hereby appointed as deputies of the Building Official for purposes of enforcement of this chapter, and are authorized to undertake such investigation, inspection, and enforcement actions as necessary to enforcement of this chapter.

(Ord. No. 1139, § 1, 10-28-2025)

Section 105.5 of the Existing Building Code is hereby amended to read 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 180 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 360 days or longer since the issuance date of the permit or 180 days 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 Planning 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 comport 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 demonstrated.

(Ord. No. 1139, § 1, 10-28-2025)

Section 108.2 of the Existing Building Code is hereby amended to read as follows:

108.2 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.

(Ord. No. 1139, § 1, 10-28-2025)

Section 110.1 of the Existing Building Code is hereby amended by adding a new subsection 110.1.1 to read as follows:

110.1.1 Use and occupancy — utilities. No building or portion thereof shall be occupied for any purpose in the absence of all requisite properly installed and fully functional permanent utilities. 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 112 of the Existing Building Code is hereby deleted in its entirety and replaced with the following:

112 Appeals. Appeals of orders, decisions or determinations of the Building Official are limited to those enumerated in Chapter 15.04 of this code and shall be filed, scheduled and conducted in accordance with the provisions set forth in said Chapter 15.04.

(Ord. No. 1139, § 1, 10-28-2025)

Section 113.1 of the Existing Building Code is hereby amended to read as follows:

113.1 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.

113.1.1 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.

113.1.2 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)

Section 113.4 of the Existing Building Code is hereby amended to read as follows:

113.4 Violation Penalties. Any person, firm or corporation who violates any provision of this chapter or any Technical Code, 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 this chapter or any Technical Code, 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)

Section 113 of the Existing Building Code is hereby amended by adding subsection 113.5 to read as follows:

113.5 Procedure for legalizing unpermitted structures or grading. The procedures specified within subsections 113.5.1 through 113.5.6 shall be followed whenever an attempt is made to legalize an unpermitted structure or unpermitted grading.

113.5.1 Permits. Any person who wishes to legalize an unpermitted structure or unpermitted grading, as defined in Subsections 113.1.1 and 113.1.2, shall obtain all applicable permits. Unpermitted structures and grading shall comply with this chapter and 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 chapter.

113.5.2 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.

113.5.3 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.

113.5.4 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, this chapter and/or the applicable 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.

113.5.5 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.

113.5.5.1 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 113.5.5, charged at the hourly rate that has been established by resolution of the City Council for recovery of code enforcement re-inspection fees, as may be amended from time to time. 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.

113.5.6 Unpermitted structures or grading which cannot be legalized. If the Development Services Director or his/her designee 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)

Section 115 of the Existing Building Code is hereby amended by deleting subsections 115.3 and 115.4 and adding a new subsection 115.3 to read as follows:

115.3 Notices and orders. Whenever the code official determines that there has been a violation of this chapter or has grounds to believe that a violation has occurred, he/she may give notice in a manner that comports with the Lancaster Administrative Code, the Lancaster International Property Maintenance Code, Chapter 8.28 or other applicable provisions of the Lancaster Municipal Code, and/or the State Housing Law (commencing with Section 17910 of the California Health & Safety Code).

(Ord. No. 1139, § 1, 10-28-2025)

Chapter 3 of the Existing Building Code is hereby amended by adding section 324 to read as follows:

324 Repairs to buildings and structures damaged by the occurrence of a natural disaster or fire.

324.1 Purpose. The purpose of this section is to provide a defined level of repair for buildings damaged by a natural disaster in the City of Lancaster when a formal state of emergency has been proclaimed. This section shall also apply when an individual building has been damaged by fire or another disaster.

324.2 General. Required repair levels shall be based on the ratio of the estimated value of the repairs required to restore the structural members to their pre-event condition to the estimated replacement value of the building or structure.

324.3 Structural Repairs. When the damage ratio does not exceed 0.10 (10 percent), buildings and structures, except essential service facilities, shall at a minimum be restored to their pre-event condition.

When the damage ratio is greater than 0.10 (10 percent) but less than 0.5 (50 percent), buildings and structures, except essential service facilities, shall have the damaged structural members including all critical ties and connections associated with the damaged structural members, all structural members supported by the damaged member, and all structural members supporting the damaged members repaired and strengthened to bring them into compliance with the force levels and connection requirements of the Building Code. These criteria shall apply to essential service facilities when the damage ratio is less than 0.30 (30 percent).

Exception:

For buildings with rigid diaphragms where the above-required repair and strengthening increases the rigidity of the resisting members, the entire lateral-force-resisting system of the building shall be investigated. When, in the opinion of the Building Official, an unsafe or adverse condition has been created as a result of the increase in rigidity, the condition shall be corrected.

When the damage ratio is greater than 0.5 (50 percent), buildings and structures, except essential service facilities, shall, at a minimum, have the entire building or structure strengthened to comply with the force levels and connection requirements of the Building Code. These criteria shall apply to essential service facilities when the damage ratio is greater or equal to 0.3 (30 percent).

324.4 Nonstructural Repairs to Light Fixtures and Suspended Ceilings. Under all damage ratios, when light fixtures and the suspension system of suspended ceilings are damaged, the damaged light fixtures and ceiling suspension systems shall be repaired to fully comply with the requirements of this code. In buildings and structures where suspended ceiling systems are present, undamaged light fixtures and ceiling suspension systems shall have the additional support and bracing, provided that is required in this code.

(Ord. No. 1139, § 1, 10-28-2025)