San Clemente Municipal Code Ch. 15.08 Building Code

Footnotes:

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Editor's note— Ord. No. 1796, § 5, adopted Nov. 4, 2025, amended ch. 15.08 in its entirety to read as herein set out. Former ch. 15.08, §§ 15.08.010—15.08.100, pertained to similar subject matter, and derived from Ord. No. 1636, § 1, adopted Nov. 15, 2016.

For the purpose of prescribing regulations for erection, construction, enlargement, alteration, replacement, repair, improvement, removal, movement, conversion, demolition, use and occupancy, equipment, height, location, maintenance, and areas of every building or structure or any appurtenances connected or attached to such building or structure in the City, the California Building Code ("CBC"), 2025 Edition, based on the 2024 International Building Code as published by the International Code Council, including Chapter 1 and Appendix I, is hereby adopted, as modified in this Chapter. A copy is on file for public examination in the City's Building Division Office.

(Ord. No. 1796, § 5, 11-4-2025)

Division II of Chapter 1 of CBC is hereby amended as follows:

A. Subsection 101.1 is hereby amended to read in its entirety as follows:

101.1 Title. These regulations shall be known as the San Clemente Building Code, hereinafter referred to as "this code."

B. Subsection 101.2 is hereby amended to read in its entirety as follows:

101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exception: Detached one- and two-family dwellings and single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height, shall comply with the California Residential Code.

The provisions of these codes shall apply to and affect all of the territory of the City of San Clemente, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in these codes, hydraulic flood control structures, facilities for the production, generation, storage or transmission of water or electrical energy by a local agency, and except as exempted by these codes.

C. Section 101.2.1 Appendices is amended to add a sentence to read: Appendix I Patio Covers is adopted by reference.

D. A new Subsection 101.4.9 is hereby added to Section 101 to read in its entirety as follows:

101.4.9 Green Code. The provisions of the California Green Building Standards Code shall apply to design and construction of buildings for sustainability.

E. Subsection 105.2 is hereby amended by deleting items 1 through 13 under the heading "Building" and replacing them with the following:

Building:

1. One-story detached accessory buildings and structures used as tool and storage sheds, playhouses and similar uses and structures such as portable shade cloth structures, provided the floor area does not exceed 120 square feet or a wall height of 8 feet. Such structures must comply with the setback and height requirements of the City Zoning Ordinance and the Fire Code.

2. Fences other than swimming pool barriers, not over 6 feet high. Masonry fences under 42 inches in height above finish grade.

3. Oil derricks.

4. Retaining walls that are not over 4 feet in height measured from the bottom of footing to the top of wall unless supporting a surcharge, impounding Class I, II or IIIA liquids, or if on a slope less than 1 in 3. Retaining walls on slopes greater than 1 in 3 are required to be reviewed by engineering and planning divisions to determine if permitting is required.

5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1 and not on or within 7 feet of a descending slope.

6. Detached decks, platforms or similar structures not exceeding 200 square feet in area, walkways, sidewalks and driveways that are not more than 30 inches above adjacent grade, and not over any basement or story below, and are not part of a required exit means of egress, and are not part of an accessible route.

7. Painting, papering, tiling (except shower enclosures), carpeting, cabinets, counter tops and similar finish work that does not involve electrical, mechanical or plumbing work.

8. Temporary motion picture, television and theater stage sets and scenery when approved by special use permit.

9. 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.

10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems that meet zoning requirements.

11. Swings and other playground equipment accessory to detached one- and two-family dwellings.

12. Window awnings supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support of Group R-3 and U occupancies.

13. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.

14. Ground mounted Radio and television antenna, and flagpoles not higher than the setback from the property line and not more than 20 feet in height measured from grade. Small dish receivers mounted on Residential uses.

Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items.

F. Subsection 105.3.2 is hereby amended to read in its entirety as follows:

105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 12 months after the date of filing, unless such application has been pursued in good faith or permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. The total period of application extensions granted shall not exceed an additional 18 months. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan check fee.

G. Subsection 105.5 is hereby amended to read in its entirety as follows:

105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended, abandoned, or if an inspection is not requested within a period of 180 days and an approved inspection that shows work is progressing.

Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required. The extension shall be requested in writing prior to the permit expiring and show justifiable cause demonstrating that circumstances beyond the control of the permittee have prevented action from being taken. Pursuant to this paragraph, the Building Official or his/her designee is authorized to grant, in writing, one or more extensions of time for a period not more than 180 days. The completion of construction shall not extend beyond the timeframes mandated in Section 105.8 of this code even with such extension.

Before such work can be recommenced after a permit expires, a new permit shall first be obtained, and a fee therefore shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after this one year time period, the permittee shall pay a new full permit fee.

H. A new Subsection 105.8 is hereby added to Section 105 to read in its entirety as follows:

105.8 Completion of construction. Notwithstanding subsection 105.5 above, all construction shall be completed by the owner, owner's agent, or the permittee and approved by the City within 12 months.

Upon written request of the owner or permittee, the Building Official and/or his/her designated representative may extend the period for completion of construction for a period up to and not to exceed an additional 12 months. The written request must demonstrate that (1) due to circumstances beyond the owner's or permittee's control, construction could not be completed in the required construction period; (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 additional extension must be approved by the Community Development Director.

I. A new Subsection 105.9 is hereby added to Section 105 to read in its entirety as follows.

105.9 Maintenance of property during construction. During construction, 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 the building construction perimeter, except that building materials may be stored in a front yard for a period not to exceed thirty (30) days. A waiver of this requirement may be obtained from the Building Official or his/her designated representative if the construction is screened from view from adjacent occupied or public property with fencing materials approved by city zoning and building regulations. Any building that is left unsecured by the absence of doors or windows during construction shall secure those openings or provide fencing to prevent unauthorized entry.

J. A new Subsection 107.2.9 is hereby added to Section 107 to read in its entirety as follows:

107.2.9 Soil report. A Soil Report shall be submitted with all permit applications for new construction and additions. Soil Reports shall be prepared by a professional engineer licensed by the State to prepare such reports. The Building Official may waive this requirement if he/she finds that the scope of work applied for does not necessitate a soil report.

K. Subsection 107.3 is hereby amended to add a second paragraph that reads as follows:

When submittal documents are required by Section 107.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fees are separate fees from the permit fees specified in Section 109.2 and are in addition to the permit fees. Said plan review fee shall be as set forth in the City Council Fee Resolution.

L. Subsection 107.5 is hereby amended to add a second paragraph that reads as follows:

The approved plans, permit application, inspection card and other construction documents required by the Building Official shall be imaged after the final inspection and will be a permanent record in the City. The applicant shall pay the cost of imaging at the time of permit.

M. Subsection 109.2 is hereby amended by adding a sentence at the end to read as follows:

The fee for each permit shall be as set forth in the City Council Fee Resolution unless otherwise specified by the code.

N. Subsection 109.3 is hereby amended to add a second paragraph that reads as follows:

The Building Official shall make the determination of value or valuation under any provisions of this code. The valuation shall be determined by using rational methods established by the Building Official that reasonably establish the construction value or the contract price of the actual construction cost. The value of work to be used in computing the Building Permit and Building Plan Review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment.

O. Subsection 109.4 is hereby amended to add a second paragraph that reads as follows:

An investigation fee, in addition to the permit fee. The investigation fee shall be equal to the amount of the permit fee required by this code. 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.

P. Subsection 109.6 is hereby amended to read in its entirety as follows:

109.6 Refunds. The building official is authorized to establish a refund policy. The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected as provided below.

The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.

The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review has been paid is withdrawn or canceled before any plan reviewing is done.

The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of payment.

Q. Subsection 109.7 is hereby added to Section 109 to read in its entirety as follows:

109.7 Deposit. The Building Official may require a deposit or bond from the applicant for a certain project or work in order to secure the request of final inspection approvals from the applicant or the repairing of damaged City properties during the period of construction. The deposit money will be refunded to the applicant when the final inspections are approved or the damages are repaired to the satisfaction of the City. The deposit amount shall not be more than twice the permit fee.

R. Subsection 110.7 is hereby added to Section 110 to read in its entirety as follows:

110.7 Re-inspections. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which an inspection is requested is not complete or when previous corrections are not corrected.

This subsection is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection.

Re-inspection fees may be assessed when the inspection record card is not posted or otherwise made available on the work site, or when the approved plans are not readily available to the inspector, or for failure to provide access on the date for which inspection is requested.

To obtain a re-inspection, the applicant shall pay the re-inspection fee as established by the City Council Fee Resolution. In instances where re-inspection fees have been assessed, no additional inspection of work will be performed until the required re-inspection fees have been paid.

(Ord. No. 1796, § 5, 11-4-2025)

Chapter 2 of CBC is hereby amended as follows:

A. The definition of "Bedroom" is added to Section 202 to read as follows:

Bedroom. A room, space, or area used for sleeping. A bedroom may also be determined by having a privacy door, an emergency escape and rescue opening, smoke alarms, a closet, location, minimum ceiling height and floor areas, and design typically found for bedrooms. Indicating on building plans other designated uses does not permit the elimination of the habitation and life safety measures the code established for sleeping areas.

B. The definition of "Kitchen or Kitchenette" in Section 202 is hereby amended to read as follows:

Kitchen or Kitchenette. A room, space, or area for the preparation and cooking of food. The installation of equipment, appliances, kitchen sink, garbage disposal, 240-volt outlets, gas piping, refrigerator, dedicated 20amp outlets, exhaust hood, counters, under or over counter cabinetry. Singly or a combination of any may be used to identify a kitchen use.

C. The Definition of Spark Arrester in Section 202 is hereby amended to read as follows:

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of preventing embers from the burning of solid fuel from leaving the flue. All fireplaces that burn solid fuel in accordance with California Building Code Chapter 28 shall be provided a spark arrester. (note: no new fireplaces burning solid fuel are permitted)

D. The Definition of "Swimming Pool" in Section 202 is hereby amended to read as follows:

SWIMMING POOL. Any structure intended for swimming, recreational bathing or wading that contains water over 18 inches deep. This includes in-ground, above-ground and on-ground pools; hot tubs; spas and fixed-in-place wading pools.

(Ord. No. 1796, § 5, 11-4-2025)

Chapter 4 of CBC is hereby amended as follows:

A. Subsection 406.2.4 Floor Surfaces. is hereby amended by restating the second sentence as follows, and by deleting exception #1:

The area of floor used for the parking of automobiles or other vehicles shall be sloped to facilitate the movement of liquids to a drain or toward the main vehicle entry doorway. A drainage system equipped with a trench drain or floor drains leading to an approved oil separator discharging to sewers in accordance with the California Plumbing Code except garages of R-3 occupancies.

(Ord. No. 1796, § 5, 11-4-2025)

Chapter 9 of CBC is hereby amended as follows:

Subsection 901.2 Fire protection systems is hereby amended by adding:

Technical changes to this chapter are found in the amendments to the California Fire Code as amended including the referenced standards.

Subsection 903.2 is hereby amended to read in its entirety as follows:

903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided in the locations described in this section and in Section 903.2 of the California Fire Code as amended by the City of San Clemente when one of the following conditions exists:

1. New buildings: In addition to the requirements of section 903.2.1 through 903.2.21, approved automatic sprinkler systems in new buildings, structures and change of use shall be provided as follows (Exception: Group R Detached one- two-family dwellings and townhouses as required by section 903.2.8):

i) Throughout all Groups A, C, I, E, H and L Occupancies

ii) Throughout all Group B, F, M, and S Occupancies exceeding 1,000 square feet

iii) Throughout all Group U-1 Occupancies exceeding 6,000 square feet

For the purposes of this section, fire walls shall not define separate buildings.

2. Alteration: When the floor area of the Alteration within any two-year period exceeds 75% of area of the existing structure and the alteration includes structural modifications other than seismic upgrade.

3. Addition: Sprinkler protection shall be provided throughout the entire building when:

4. Existing unsprinklered building less than 5,000 ft 2 : where 20% or more is added and the gross floor areas exceed 5,000 square feet.

5. Existing unsprinklered building equal or greater than 5,000 ft²: where more than 1,000 ft² is added.

6. Fire sprinklers shall be provided in additions to an existing building that has fire sprinklers installed.

7. Change of use when required by that use.

Subsection 903.2.8 is hereby amended to read in its entirety as follows:

903.2.8 Group R. An automatic sprinkler system installed in accordance with Subsection 903.3 of Section 903 of this code and Subsection 903.3 of Section 903 of the California Fire Code as amended by the City of San Clemente shall be provided throughout all buildings with a Group R fire area as follows:

1. All new Group R occupancies, including the attached garages

2. All existing Group R occupancies and U garages when the total floor area is increase by 50% of the existing area over a 2-year period

3. All existing Group R occupancies and U garages when the total area is increased by 750 square feet or more over a 2-year period

4. All existing Group R occupancies and U garages when an additional story is added to the structure regardless of the area involved

5. An automatic sprinkler system shall be installed throughout any existing Group R Occupancy building when the floor area of the Alteration or Combination of an Addition and Alteration, within any two year period, is 50% or more of area of the existing structure and where the scope of the work exposes building framing and facilitates sprinkler installation and is such that the Building/Fire Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.

6. Any addition to existing building that has fire sprinklers installed.

When not used in for an increase in height or area, an automatic sprinkler system installed in accordance with Section 903.3.1.2 shall be allowed in Group R-2.1 occupancies.

(Ord. No. 1796, § 5, 11-4-2025)

Chapter 15 of CBC is hereby amended as follows:

A. Subsection 1502.4 is hereby added by adding a paragraph to read as follows:

Water that accumulates on a roof shall be effectively drained and conveyed from the roof to a storm drain, street gutter, or other locations approved by the Building Official. Such water shall be conveyed through gutters, leaders, associated piping or other non-erodible surface drainage devices as approved by the Building Official. For any minor or small roofs, the Building Official may exempt this requirement.

B. Table 1505.1 in Subsection 1505.1 is hereby amended to read as follows:

TABLE 1505.1

MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION

C. Subsections 1505.1.1, 1505.1.2, are hereby deleted and replaced with a new Subsection 1505.1.1 to read in its entirety as follows:

1505.1.1 Roof Coverings. The roof covering or roofing assembly on any new structure regulated by this code shall be Class A fire retardant roof minimum as classified in CBC Section 1505.2. Non-combustible roof covering may be applied in accordance with the manufacturer's requirements in lieu of a fire retardant roofing assembly. Wood roofing materials are prohibited unless pressure treated and approved for fire retardant of Class A minimum. For existing structure when ten percent (10%) or more of the total roof area is re-roofed within any one-year period, shall have a Class A fire retardant roof covering for entire roof area. For existing structure when less than ten percent (10%) of the total roof area is re-roofed within any one-year period, shall have a fire retardant roof covering class equal to or greater than the existing roof covering and not less than Class B.

(Ord. No. 1796, § 5, 11-4-2025)

Chapter 18 of CBC is hereby amended as follows:

Subsection 1807.1.6 is hereby amended to read in its entirety as follows:

1807.1.6 Prescriptive design of concrete and masonry foundation walls. Concrete and masonry foundation walls that are laterally supported at the top and bottom shall be permitted to be designed and constructed in accordance with this section. Prescriptive design of foundation walls shall not be used for structures assigned to Seismic Design Category D, except for detached garages, sheds, detached decks, and additions 200 sq. ft. or less. Structures within 7 feet of a descending slope may be required to have engineered foundation systems.

(Ord. No. 1796, § 5, 11-4-2025)

Section 3109 Swimming Pools, Spas and Hot Tubs is hereby amended as follows:

3109.2 California swimming pool safety act (statewide) is amended as follows:

115921 (c) "Enclosure" is amended to read as follows:

(c) "Enclosure" means a fence, wall, or other barrier that isolates a pool from access to the home and access from adjacent properties and public ways.

115922 (a) is amended to read as follows: With the exception of item #1, Items #2 through #7 of 115922(a) are unamended.

(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 all pools shall be enclosed by an enclosure that meets the provisions of 115923 and in addition a second drowning prevention safety feature shall be added. When the dwelling is a part of the enclosure two additional safety features from the items # 2 through # 7, inclusive, shall be installed.

115922 (1) is amended to read as follows:

(1) An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home and access from adjacent properties and public ways.

115923 (e) is amended by adding to the end: "Where the barrier is composed of vertical and horizontal members the maximum distance between the vertical members shall be 4 inches. The minimum distance between horizontal members shall be 45 inches to prevent a climbable condition. Decorative embellishments shall not cause a climbable condition and are limited to ¾ inch projection or 60 degree slope."

115928 is amended by adding: (d) Sound Attenuation, to read as follows:

(d) Filters, heating systems, and pumps installed to serve pool, spa, hot tub, waterfall or any body of water, shall be enclosed and soundproofed. An acoustical report prepared by a licensed or approved acoustical professional can be used to substitute for sound wall enclosures as long as the report demonstrates the compliance of the requirements specified in Chapter 8.48 of the San Clemente Municipal Code.

(Ord. No. 1796, § 5, 11-4-2025)

A. Paving. .....All off-street parking lots shall be paved according to the City specifications, with an all-weather surface of asphalt or concrete paving.

B. Preparation of Specifications. .....The City Engineer shall review such specifications for use by the owner or builder of such off-street parking space.

C. Permit Required. .....No off-street parking lot may be constructed without there being issued a permit by the City Engineer or exempted by the City Engineer.

D. Application for Construction Permit. .....Application for such permit shall be accompanied by a plot plan showing the size of the proposed parking lot, method of ingress and egress, layout of stalls, bumper guard locations and such other pertinent facts as may be required by the City Engineer. The Building Official shall ensure ADA elements and Green Building Standards are met.

(Ord. No. 1796, § 5, 11-4-2025)