San Bernardino Municipal Code Ch. 15.04 Building Codes

Section

Editor’s note:

This chapter is added by Ord. MC-1433, passed 12-21-2016.

The ordinance codified in this chapter shall be known as the “San Bernardino Building Code” hereinafter referred to as the “Building Code.”

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1666, passed 8-5-2026)

(A) All sections of the code listed here and legally adopted by the State of California’s Building Standards Commission or by the Office of the State Fire Marshal shall be formally adopted by the city as the California Building Code to be enforced within the city limits as required by state law. Sections and appendices not specifically adopted by the aforementioned state offices are hereby adopted by reference.

(B) Except as provided in this chapter, the code currently adopted State Building Code under Title 24, Parts 1-11 of the CCR known and designated as the 2025 California Building Codes (CBC), as adopted by the State of California, based on the 2024 International Building Code published by the International Code Council and the Plumbing and Mechanical Codes written by IAPMO and the National Electrical Code and Fire Code as written by NFPA, shall become the administrative provisions of the city for regulating the construction, erection, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use and occupancy and maintenance of all buildings and/or structures in the city. Chapter 1 of the 2025 California Building Code and all other formally adopted building Code will be on file for public examination in the offices of the Building Official as required by state law.

(C) The city does hereby formally adopt the State of California model building codes into local law as listed below:

(1) 2025 California Administrative Code, Title 24, Part 1;

(2) 2025 California Building Code, Title 24, Part 2 (Volumes 1 and 2);

(3) 2025 California Electrical Code, Title 24, Part 3 (based on 2023 NEC);

(4) 2025 California Mechanical Code, Title 24, Part 4 (based on 2024 Uniform Mechanical Code);

(5) 2025 California Plumbing Code, Title 24, Part 5 (based on 2024 Uniform Plumbing Code);

(6) 2025 California Energy Code Title 24, Part 6;

(7) 2025 Wildland-Urban Interface, Title 24, Part 7;

(8) 2025 California Historical Building Code, Title 24, Part 8;

(9) 2025 California Fire Code, Title 24, Part 9 (specific amendments to the California Fire Code are to be adopted by district for the greater San Bernardino County Fire District and will include Office of the State Fire Marshal requested amendments.);

(10) 2025 California Existing Building Code, Title 24, Part 10;

(11) 2025 California Green Building Standards Code, Title 24, Part 11;

(12) Uniform Code for the Abatement of Dangerous Buildings (UCADB), 1997 edition;

(13) International Residential Code, Appendix BF, 2024 edition;

(14) International Property Maintenance Code (IPMC), 2024 edition; and

(15) International Existing Building Code (IEBC), 2024 edition.

(D) Copies of all codes listed above shall be on file in the Community and Economic Development Department Office for inspection and reference and copies of each code shall be furnished to the Building Official and each deputy. These codes are also available for view on the International Code Council website http://www.ICCsafe.org.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1521, passed 9-18-2019; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024; Ord. MC-1666, passed 8-5-2026)

(A) It shall be unlawful to erect, construct, change the occupancy, alter, repair, rehabilitate, remove, move or maintain any building or structure, or grade or alter any land, in the city in violation of, or without complying with the appropriate provisions of this chapter.

(B) In the event of any inconsistency or conflict between the above codes and the requirements of other city ordinances or state statutes, the state statutes and city ordinances shall govern.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1521, passed 9-18-2019; Ord. MC-1666, passed 8-5-2026)

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

CITY. In the above-mentioned section and codes shall be deemed to refer to and designate the City of San Bernardino, and any reference to any act or legislative enactments herein referred to shall be deemed to designate and embrace the statutes of the state, and the amendments thereof, dealing with the subject matter thereby and therein referred to.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1666, passed 8-5-2026)

Section 105.5.1, “Prima facie evidence of abandoned work:”

Failure on the part of the permittee to obtain an inspection and to demonstrate substantial progress to the satisfaction of the Building Official within any 180-day period shall be prima facie evidence that the work has been abandoned and the permit shall have expired.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1521, passed 9-18-2019; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024; Ord. MC-1666, passed 8-5-2026)

Section 113.1.1, “Board of Appeals designated:”

1. The Board of Building Commissioners of the City of San Bernardino shall serve as the Board of Appeals. The Building Official or his designee shall be Clerk of the Board. The Board shall have such duties as are delegated to it by the California Building Code (CBC) Section 113 as adopted by the City, and other duties as may be delegated by other provisions of the San Bernardino Municipal Code.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1521, passed 9-18-2019; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024; Ord. MC-1666, passed 8-5-2026)

2. Fences not over 6 feet high, except concrete and masonry fences greater than three (3) feet above grade. Masonry fences shall be constructed in accordance with the standard design specifications approved by the Building Official, unless an alternate engineered design is submitted and approved. Exemption from the permit requirements shall not be deemed as a waiver of the design requirements contained in the San Bernardino Development Code as it relates to the use or configuration of materials, or to the height of fences in front, side or rear yards.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1521, passed 9-18-2019; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024; Ord. MC-1666, passed 8-5-2026)

Applicable Fees: The fees for building, electrical, plumbing, and mechanical permits shall be as set forth in the latest adopted edition of the California Administrative Code, subject to such amendments thereto as are adopted in this chapter, and subject to further amendments as adopted by resolution of the Mayor and Common Council.

(Ord. MC-1666, passed 8-5-2026)

Section 2204.1.1, “Qualification of welding operators:”

In addition to Section 2204.1, the following subsections shall govern all welding work:

1. All welding shall be done by qualified operators approved by the Building Official. The Building Official shall prescribe rules and regulations for the tests of welders, and no operator shall be approved by the Building Official unless and until he/she has first successfully completed such tests as may be given by the Department of Adult Vocational Education of the San Bernardino City Schools, or San Bernardino Valley College, or has obtained such approval because he/she holds a current welding certificate issued by an accredited testing agency based upon the requirements of the California Department of Adult-Vocational Education.

A certificate shall be issued to operators by the Building Official upon successful completion of the required test or tests and/or approval as aforesaid being obtained. Requests for the certificate shall be made by the operator within thirty (30) days after completion of the test. The certificate shall be valid for two years. Subsequent certificates may be obtained by successful completion of required tests, or when the approved operator submits sufficient evidence to the Department of Adult-Vocational Education of the San Bernardino City Schools, or San Bernardino Valley College that he/she has regularly engaged in such work and that such work has been satisfactorily performed during the past year.

2. Every welder employed for welding of steel plate of No. 8 gauge thickness or less shall be qualified for light gauge welding. Every welder employed for field welding shall be qualified to weld in the flat, vertical and overhead positions. Welders, including light gauge welders who are employed for shop welding, shall be qualified in the flat, vertical and horizontal positions.

3. Structural steel welding operators shall be qualified as prescribed by the latest edition of the Structural Welding Code of the American Welding Society.

4. After a welder has passed the required tests, he/she must be capable of performing neat and consistently good work in actual operation. Carelessness, inability to maintain a uniform arc and poor workmanship will be deemed sufficient cause for revocation of the welder’s certificate.

5. A fee of Three hundred ninety-four dollars and seventy-four cents ($394.74) will be charged by the City of San Bernardino for each original or renewed certificate, which shall be valid for two (2) years.

6. At the time application is made, a certificate may be issued without examination upon presentation of proper evidence that the welder is currently approved for the position either by the Department of Adult-Vocational Education or other acceptable proof of qualification.

7. Testing shall be done under the supervision of the San Bernardino City Schools, Department of Adult-Vocational Education of San Bernardino Valley College or other accredited testing agency.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1666, passed 8-5-2026)

The requirements of CBC Section 3109 shall apply to single-family swimming pool barriers. Swimming pools, spas, and hot tubs for which an application for a building permit was submitted prior to July 23, 1993 shall comply with the requirements contained in Chapter 15.48 of the San Bernardino Municipal Code.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1666, passed 8-5-2026)

J101.3 Alquist-Priolo Earthquake Fault Zones. This chapter shall also include those requirements set forth in the “Alquist-Priolo Earthquake Fault Zoning Act (Division 2, Chapter 7.5, California Public Resources Code). This Act is intended to represent minimum criteria for all structures that fall within the boundaries as shown on the “Earthquake Fault Zones Maps” as prepared by the California Division of Mines and Geology.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1666, passed 8-5-2026)

J101.4 Enforcement Authority. The Building Official of the City of San Bernardino or his/her designee shall have the authority for the enforcement of IBC Appendix Chapter J and any amendments thereto.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1521, passed 9-18-2019; Ord. MC-1666, passed 8-5-2026)

No person shall construct any on-site improvement for motor vehicle parking or vehicle circulation, the disposal of waste through a private sewer main, the conveyance of storm waters, or landscaping and irrigation systems, without first obtaining a permit from the Building Official. A permit issued by the Building Official for the purpose of construction of the improvements set forth herein shall hereafter be known as an on-site improvement permit.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1666, passed 8-5-2026)

J103.1.1 Preparation of Grading Plans. A grading plan and a grading permit shall be required for any grading activity involving more than 50 cubic yards. All grading plans shall be prepared by a registered civil engineer.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1666, passed 8-5-2026)

When required by the Building Official, plans and specifications, and verification of land use entitlement shall accompany each application for an on-site improvement permit. Plans and specifications required by the Building Official shall be prepared and signed by a registered civil engineer. Specifications may be incorporated into the plans as general notes in lieu of a separate document. Verification of land use entitlement requirements are incorporated into the Grading Policy promulgated by the Community Development Department.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1625, passed 2-21-2024; Ord. MC-1666, passed 8-5-2026)

On-site improvement plans shall contain all information set forth in CBC Chapter 1, § 105.3 and shall include additional information as required by the Building Official.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1666, passed 8-5-2026)

(A) When an on-site improvement plan is required to be submitted, a plan review fee shall be paid at the time of submittal of plans and specifications. Items to be reviewed shall be improvements including, but not limited to, paving, curbs, sidewalks, private sewer mains, drainage facilities, landscaping, and irrigation systems.

(B) Fees for each on-site improvement permit shall be paid to the city at the time of permit issuance. Said on-site plan review and permit fees shall be in an amount established by resolution of the Mayor and Common Council.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1666, passed 8-5-2026)

All on-site improvements for which a permit is required shall be subject to inspection by the Building Official or his/her designee.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1666, passed 8-5-2026)

(A) A grading permit shall not be issued unless the applicant has first posted with the Building Official a good and sufficient surety bond, cash, letter of credit (Col) or certificate of deposit in such an amount as the Building Official shall estimate and determine to be necessary to cover the total cost of the project, including corrective work necessary to remove and eliminate geological hazards. The Building Official shall require a written itemized estimate of the costs of the grading. The amount of the required bond, cash, instrument of credit or certificate of deposit, is based on the estimate of cost and shall be given to the owner or applicant prior to the issuance of the permit.

(B) When security for the grading is provided for a development on the site where the grading is to be done, the bond for the grading required shall be released upon submission of evidence by the permittee to the Building Official that the grading work is complete and signed off by the construction engineer.

(C) An agreement between the Redevelopment Agency, the Inland Valley Development Agency, or the San Bernardino International Airport Authority, and the city, approved by the City Attorney and unconditionally providing and guaranteeing that said Agency shall provide those grading and other improvements and pay the costs thereof required, may be filed with the Building Official as security in lieu of said bond, cash or certificate of deposit wherever said project is located in a redevelopment project area and the agreement recites that the street improvements are in compliance with the Redevelopment Plan for said area and in furtherance of the public interest in promoting public or private development.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1666, passed 8-5-2026)

J110.1.1 Planting of Slopes. The Building Official may waive the planting of any slope less than 5 feet in vertical height. An automatic irrigation system shall be installed for planted slopes unless recommended otherwise in the preliminary soils report or waived by the Building Official. If required by the Building Official, a recommendation for types of planting materials shall be obtained from a Landscape Architect. The Landscape Architect shall, prior to final inspection, provide the Building Official with a statement that the planting has been done in accordance with his recommendations approved by the Building Official.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1666, passed 8-5-2026)

J112.1 General. All parties performing grading operations, under a grading permit issued by the Building Official, shall have verification of land use entitlement and shall take reasonable preventive measures, as directed by the Building Official and incorporated into the Grading Policy promulgated by the Community Development Department, to avoid earth or other materials from the premises being deposited onto adjacent streets or properties, by the action of storm waters or wind, by spillage from conveyance vehicles or by other causes.

Grading operations of 50 cubic yards or more shall be performed by qualified individuals/entities demonstrating proficiency in grading operations to the satisfaction of the Building Official or the Building officials designated representative or observed and supervised by such an individual. Typical qualified individuals would include a licensed contractor, geologist or engineer.

J112.2 Removal of Materials Within 24 Hours. Earth or other materials which are deposited on adjacent streets or properties shall be completely removed by the permittee as soon as practical, but in any event within 24 hours after receipt of written notice from the Building Official, or NPDES Coordinator, or their designees, to remove the earth or materials, or within such additional time as may be allowed by written notice.

J112.3 Noncompliance. In the event that any party performing grading shall fail to comply with the requirements of this Section, the Building Official shall have the authority to engage the services of a contractor to remove the earth or other materials. All charges incurred for the services of the contractor shall be paid to the City by the permittee prior to acceptance of the grading.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024; Ord. MC-1666, passed 8-5-2026)

J110.3 Final Reports. A statement from the Landscape Architect shall be submitted to the City Engineer stating that the planting and irrigation system(s) have been installed in accordance with his recommendations.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1666, passed 8-5-2026)

Driveways to residential garages of more than 30 feet in length shall extend for a minimum distance of 20 feet from the garage on a maximum grade of 5%. Driveways less than 30 feet in length shall have a maximum grade of 8% for a minimum distance of 20 feet from the garage. No portion of a driveway shall exceed a grade of 20%. Driveways shall be designed so that the algebraic difference in grades will not cause a car to drag or hang up.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1666, passed 8-5-2026)

Slopes shall be positioned on the downhill lot unless waived by the City Engineer.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1666, passed 8-5-2026)

The authority to require passive fire suppression (sprinklers) for residential additions will be determined by the acting Fire Authority based on availability of water and existing hydrants fire flow within the area of the proposed structure.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024; Ord. MC-1666, passed 8-5-2026)

(A) Any person, firm or corporation who continues work on a building or structure after a stop work order has been issued by any of the employees listed in § 9.90.010(A)(2), (A)(3), (A)(4), (A)(5), (A)(6) or (A)(8), shall be guilty of a misdemeanor.

(B) Each day during any part of which the activity prohibited by division (A) of this section continues shall be a distinct and separate offense.

(Ord. MC-1433, passed 12-21-2016; Ord. MC-1666, passed 8-5-2026)