Mission Viejo Municipal Code Ch. 8.02 Building and Housing Codes

Footnotes:

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Editor's note— Ord. No. 25-356, § 1, adopted Sept. 23, 2025, repealed Chapter 8.02 in its entirety, and § 2 of said ordinance enacted new provisions to read as herein set out. Former Chapter 8.02, §§ 8.02.010—8.02.450, pertained to similar subject matter and derived from Ord. No. 22-346, § 2, adopted Dec. 13, 2022.

Cross reference— Building and construction, tit. 8; planning and zoning, tit. 9.

For the purpose of prescribing regulations for erection, construction, alteration, relocation, enlargement, replacement, repair, improving, conversion, equipment, use and occupancy, location, maintenance, removal and demolition of every building and structure, or any appurtenances connected or attached to such buildings or structures, the following construction codes, subject to the modifications set forth in this Chapter, are hereby adopted by reference: the California Building Code, 2025 Edition, based on the 2024 International Building Code as published by the International Code Council; the California Residential Code, 2025 Edition, based on the 2024 International Residential Code as published by the International Code Council; the California Green Building Standards Code, 2025 Edition; the California Plumbing Code, 2025 Edition, based on the 2024 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials; the California Mechanical Code, 2025 Edition, based on the 2024 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials; the California Historical Building Code, 2025 Edition; the California Existing Building Code, 2025 Edition; the International Swimming Pool and Spa Code, 2024 Edition, as published by the International Code Council, the California Electrical Code, 2025 Edition, based on the 2023 National Electrical Code as published by the National Fire Protection Association; the International Property Maintenance Code, 2024 Edition, as published by the International Code Council, and the California Wildland-Urban Interface Code, 2025 Edition, based on 2024 International Wildland-Urban Interface Code as published by International Code Council. For the purpose of prescribing regulations for grading and excavations, the Orange County Grading and Excavation Code, as is in effect on the date this Chapter becomes effective, is hereby adopted by reference. The provisions of these Construction Codes as amended by this chapter shall constitute the Building Regulations of the City of Mission Viejo. Where the California Code of Regulations and/or State Building Standards Code conflict with any sections of the Construction Codes applicable State laws and regulations shall govern.

One (1) copy of all the above codes and standards therefore are on file in the office of the building official pursuant to Health and Safety Code Section 18942(e)(1) and are made available for public inspection.

(Ord. No. 25-356, § 2, 9-23-25)

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, or maintain any building or structure in the city, or cause same to be done, contrary to or in violation of any of the provisions of the code, or to otherwise violate any provision of any of the codes adopted in this chapter.

Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter or any of the codes adopted herein, shall be guilty of a misdemeanor, unless such violation is designated as an infraction, and penalties for any such violation shall be as set forth in section 1.01.200 of the Municipal Code. Any person, firm, or corporation shall be guilty of a separate offense for each and every day during which any violation of any provision of this chapter or any of the codes adopted herein is committed, continued, or permitted. Any violation of this chapter or any of the codes adopted herein is a nuisance that may be abated pursuant to Chapter 9.59 of this Code.

(Ord. No. 25-356, § 2, 9-23-25)

All fees authorized by this chapter shall be as set forth by the resolution of the City Council.

(Ord. No. 25-356, § 2, 9-23-25)

Except as provided in this chapter, the California Building Code, 2025 Edition, including Appendix I based on the 2021 International Building Code as published by the International Code Council, shall be and become the Building Code of the City of Mission Viejo. The California Building Code is on file for public examination in the office of the Building Official.

(Ord. No. 25-356, § 2, 9-23-25)

Section 104.8 Liability of Chapter 1 of the California Building Code is hereby amended by adding a sentence to the end of the paragraph as follows:

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.

(Ord. No. 25-356, § 2, 9-23-25)

Section 105.2 Work exempt from a permit of Chapter 1 of the California Building Code is hereby amended by amending exemption 2 to read as follows:

2. Fences not over 6 feet (2134 mm) high.

(Ord. No. 25-356, § 2, 9-23-25)

Section 105.8 Reconstruction is added to Chapter 1 of the California Building Code to read as follows:

105.8. Reconstruction. If the value of the reconstruction (or renovation) of a building is equal to or exceeds 75 percent of the 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.

(Ord. No. 25-356, § 2, 9-23-25)

Section l09.4 Work commencing before permit issuance of Chapter 1 of the California Building Code is hereby amended read as follows:

109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee that shall be in addition to the required permit fees. The investigation fee shall be equal to the amount of the permit fee required in the City Council fee resolution. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or the technical codes nor from the penalty prescribed by law.

(Ord. No. 25-356, § 2, 9-23-25)

Section 112.4. Underground utilities required is added to Chapter 1 of the California Building Code 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 percent 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 underground 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. 25-356, § 2, 9-23-25)

Section 113 Board of appeals of the California Building Code is hereby deleted and replaced with the following:

In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of these codes, there shall be and there in hereby created a Board of Examiners and Appeals, consisting of five members, composed of the Mayor and the other members of the City Council. Said members shall hold their respective membership on said Board of Examiners and Appeals by reason of, and concurrently with their terms of service as Council members and shall cease to be such members upon their ceasing to be such Council members. The Building Official shall be the Secretary of the Board. The Board may adopt reasonable rules and regulations of conducting its investigations and shall render all its decisions and findings on contested matters, in writing to the Building Official, with duplicate copy thereof to any appellant or contestant affected by any such decision or findings and may recommend to the City Council such new legislation, if any, as is consistent therewith.

Three members of the Board shall constitute a quorum. The Mayor shall be the presiding officer of the Board and in his/her absence the Board shall select a temporary chairperson. Notices of meetings of the Board shall be given by a least three days' notice delivered to each member personally or by registered mail; provided, however, that any meeting of the board shall be legal for any purpose if the written consent of all of the members of the Board to such meeting is executed and filed in the records of the Board. The Board shall hold meetings at its pleasure.

The Board shall have the right, subject to such limits as the City Council may prescribe by resolution, to employ at the cost and expense of the City, such qualified individuals as the board, in its discretion, may deem reasonably necessary in order to assist it in its investigations and in making its findings and decisions.

(Ord. No. 25-356, § 2, 9-23-25)

Section 202 Definitions of the California Building Code is amended by adding and/or amending the following definitions:

ENCLOSED STRUCTURE. Is a structure with a roof and two or more sides.

UNENCLOSED STRUCTURES. Includes structures with a roof and no more than one side and structures having no roof or other covering. Unenclosed structures include patio covers, decks, and balconies.

(Ord. No. 25-356, § 2, 9-23-25)

Table 1505.1 of the California Building Code is hereby amended to read as follows:

TABLE 1505.1 MINIMUM ROOF COVERING CLASSIFICATION TYPES OF CONSTRUCTION

(Ord. No. 25-356, § 2, 9-23-25)

Section 1505.1.2 Roof coverings within all other areas of the California Building Code is hereby amended to read as follows:

1505.1.2. Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any two-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.

(Ord. No. 25-356, § 2, 9-23-25)

Section 3109.2 California Swimming Pool Safety Act (statewide) of the California Building Code is hereby amended to read as follows:

115922 (a) Except as provided in Section 115925, subject to subdivision (b), and consistent with Section 1596.814, 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 at least two 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 #4 or #5. Any such door protection device provided/or 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) International F2286 standard 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 and windows that provide direct access to the swimming pool or spa without any intervening enclosure. Whenever any door or window is opened or left ajar, exit alarms shall make either an audible, continuous alarm sound or a repeating such as repeating 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 swimming pool or spa.

6. An alarm in good repair and operable as designed that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM International F2208 standard that 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 ASTM International, the American Society of Testing Mechanical Engineers (ASME), or another nationally recognized standards development organization, and the feature is accompanied by a label verifying that the protection meets those standards.

(b) The requirements of subdivision (a) are not satisfied by any of the following:

1. An exit alarm and self-closing, self-latching device on the same door.

2. An exit alarm and a door latch on separate doors.

3. A safety pool cover and an alarm described in paragraph (6) of subdivision (a).

(c) Before 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.

[Amended by Stats. 2024, Ch. 745 (AB 2866) and Ch. 769 (SB 552) Effective January 1, 2025]

(Ord. No. 25-356, § 2, 9-23-25)

Except as provided in this chapter, the California Residential Code, 2025 Edition, including Appendices BF, BO, and CI based on the 2024 International Residential Code as published by the International Code Council, shall become the Residential Code for the City of Mission Viejo. The California Residential Code is on file for public examination in the office of the Building Official.

(Ord. No. 25-356, § 2, 9-23-25)

Section R105.2 Work exempt from a permit of Chapter 1 of the California Building Code is hereby amended by amending exemption 2 to read as follows:

2. Fences not over 6 feet (2134 mm) high.

(Ord. No. 25-356, § 2, 9-23-25)

Table R301.2 of the California Residential Code is revised by filling the table values as follows:

TABLE R301.2 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

For SI: 1 pound per square foot= 0.0479 kPa, 1 mile per hour= 0.447 mis.

(Ord. No. 25-356, § 2, 9-23-25)

Section R902.1 Roof assemblies of the California Residential Code is amended as follows:

R902.1 Roof assemblies. Roof decks shall be covered with materials as set forth in Section R904 or with roof coverings as set forth in Section R905. A minimum Class A roofing shall be installed in areas designated by this section or where the edge of the roof deck is less than 3 feet (914 mm) from a lot line. Where Class A roof assemblies are required, they shall be tested in accordance with ASTM E108 or UL 790. Where required, the roof assembly shall be listed and identified as to class by an approved testing agency.

Exceptions:

1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck.

2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible roof decks or ferrous, copper or metal sheets installed without a roof deck on noncombustible framing.

3. Class A roof assemblies include a minimum of 16 ounces per square foot (4.882 kg/m 2 ) copper sheets installed over combustible roof decks.

4. Class A roof assemblies include slate installed over underlayment over ASTM D226, Type II underlayment over combustible decks.

R902.1.1 Roofing requirements within Fire Hazard Severity Zones or in Wildland-Urban Interface (WUI) area. Roofing requirements for structures located within Fire Hazard Severity Zones or in a Wildland-Urban Interface (WUI) area shall also comply with Part 7, California Wildland-Urban Interface Code.

(Ord. No. 25-356, § 2, 9-23-25)

Section R902.1.2 Roof coverings in all other areas other than Fire Hazard Severity Zones or Wildland-Urban Interface (WUI) area of the California Residential Code is amended as follows:

R902.1.2 Roof coverings within all other areas other than Fire Hazard Severity Zones or Wildland-Urban Interface (WUI) area. The entire roof covering of every existing structure where more than 50 percent 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 fire classification.

(Ord. No. 25-356, § 2, 9-23-25)

Section R902.2 Fire-retardant-treated shingles and shakes of the California Residential Code is amended as follows:

R902.2 Fire-retardant-treated shingles and shakes. Fire-retardant-treated wood shakes and shingles are wood shakes and shingles complying with UBC Standard 15-3 or 15-4 which are impregnated by the full-cell vacuum-pressure process with fire-retardant chemicals, and which have been qualified by UBC Standard 15-2 or ASTM E108 or UL 790 for use on Class A roofs. Fire-retardant-treated wood shakes and shingles shall comply with ICC-ES EG107 and with the weathering requirements contained in Health and Safety Code Section 13132.7 (j). Each bundle shall bear labels from an ICBO accredited quality control agency identifying their roof-covering classification and indicating their compliance with ICC-ES EG107 and with the weathering requirements contained in Health and Safety Code Section 13132.7(j).

Health and Safety Code Section 13132.7 (j) No wood roof covering materials shall be sold or applied in this state unless both of the following conditions are met:

1. The materials have been approved and listed by the State Fire Marshal as complying with the requirements of this section.

2. The materials have passed at least five years of the 10-year natural weathering test. The 10-year natural weathering test required by this subdivision shall be conducted in accordance with Standard 15-2 of the 1994 edition of the Uniform Building Code at a testing facility recognized by the State Fire Marshal.

(Ord. No. 25-356, § 2, 9-23-25)

The California Electrical Code, 2025 Edition, including Annexes A, B, C, I, and K based on the 2024 National Electrical Code as published by the National Fire Protection Association, shall be and become the Electrical Code of the City of Mission Viejo. The California Electrical Code is on file for public examination in the office of the Building Official.

(Ord. No. 25-356, § 2, 9-23-25)

The California Mechanical Code, 2025 Edition, including Appendices B, and F, based on the 2024 Uniform Mechanical Code as published by the IAMPO, shall be and become the Mechanical Code of the City. The California Mechanical Code is on file for public examination in the office of the Building Official.

(Ord. No. 25-356, § 2, 9-23-25)

The California Plumbing Code, 2025 Edition, including Appendices A, B, C, D, G, and J based on the 2024 Uniform Plumbing Code as published by the IAMPO, shall be and become the Plumbing Code of the City. The California Mechanical Code is on file for public examination in the office of the Building Official

(Ord. No. 25-356, § 2, 9-23-25)

The International Swimming Pool and Spa Code, 2024 Edition, published by the International Code Council, shall be and become the Swimming Pool and Spa Code of the City of Mission Viejo. The International Swimming Pool and Spa Code is on file for public examination in the office of the Building Official.

(Ord. No. 25-356, § 2, 9-23-25)

The California Green Building Standards Code, 2025 Edition, published by the international Code Council, shall be and become the Green Building Standards Code of the City of Mission Viejo. The California Green Building Standards Code is on file for public examination in the office of the Building Official.

(Ord. No. 25-356, § 2, 9-23-25)

The International Property Maintenance Code, 2024 Edition, as published by the International Code Council, shall be and become the Property Maintenance Code of the City. The International Property Maintenance Code is on file for public examination in the office of the Building Official.

(Ord. No. 25-356, § 2, 9-23-25)

Section 302.2 Enclosures of the International Property Maintenance Code is amended as follows:

Section 303.2 Enclosures.

Private swimming pools, hot tubs and shall comply with section 3109.4 as amended in Section 802.160 of the Mission Viejo Building Code. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.

(Ord. No. 25-356, § 2, 9-23-25)

The California Historical Building Code, 2025 Edition, as published by the International Code Council, shall be and become the Historical Building Code of the City. The California Historical Building Code is on file for public examination in the office of the Building Official.

(Ord. No. 25-356, § 2, 9-23-25)

The California Existing Building Code, 2025 Edition, based on the 2024 International Existing Building Code as published by the International Code Council, shall become the Existing Building Code of the City for regulating existing buildings in the City. The California Existing Building Code is on file for public examination in the office of the Building Official.

(Ord. No. 25-356, § 2, 9-23-25)

The California Wildland-Urban Interface Code, 2025 Edition, published by the international Code Council, shall be and become the California Wildland-Urban Interface Code of the City of Mission Viejo. The California Green Wildland-Urban Interface Code is on file for public examination in the office of the Building Official.

(Ord. No. 25-356, § 2, 9-23-25)