Chapter 17.08 — CALIFORNIA BUILDING CODE

A.

The 2025 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, Chapters 1 through 35 and Appendices C, F, G, H, and I, published by the International Code Council, are adopted by reference and subject to the amendments contained in this Chapter.

B.

The City of San Marcos and the San Marcos Fire Protection District has many large hillsides covered with extensive vegetation. The City is also subject to Santa Ana conditions of gusty winds and low humidity that predisposes the hillsides to extreme fire hazard. The City Council specifically finds that these climatic and topographic conditions necessitate greater fire protection than that provided by the 2025 California Building Code. Therefore, this Chapter amends the California Building Code to require more fire resistive construction to lessen the spread of fire in these areas.

(Ord. No. 2019-1478, Exh. A, § 1.C, 10-22-2019; Ord. No. 2022-1526, § 1.C(Exh. A), 10-25-2022; Ord. No. 2025-1575, § 1.C(Exh. B), 1- 13-2026)

Section 102 of the California Building Code is amended to add these sections as follows:

102.7 New Codes to Existing and New Developments.

(a)

Projects Under Construction: All residential and nonresidential projects under construction, such as subdivisions, condominiums, retail, office and industrial projects that are under construction may continue under current approvals until completion of the project, including all of the remaining phases and tenant improvements, provided that the approved design remains unchanged. New designs and replacement products shall conform to the latest adopted edition of the California Code of Regulations, Title 24.

(b)

Projects in Plan Check: All projects in plan check have one (1) year to obtain a building permit to be constructed under the current adopted code edition. Applications that expire by limitation (1 year) shall be designed to comply with the adopted edition.

102.8 Moving of Building or Structure. It shall be unlawful for any person, firm or corporation to move, or cause to be moved, any building or structure into or within the City without first having obtained a permit to do so from the City of San Marcos. At the time of submitting an application for permit to move a building or structure the applicant shall submit a certificate showing freedom from termite infestation for each building or structure to be moved. Moved buildings shall conform to the character of the existing neighborhood architecture and the exterior elevations shall be approved by the Planning Director prior to the issuance of a move permit. Upon filing of the application for permit to move a building or structure, and payment of applicable permit fees, the City of San Marcos shall cause the building or structure to be inspected and shall prepare a written report which shall be forwarded to the applicant. This report shall indicate the approval or denial by the City and, if approved for moving, shall outline the requirements necessary to make the building or structure conform to the applicable provisions of this Code.

The report of inspection shall remain valid for a period of one hundred eighty days (180) from the date that the building was inspected, and a new report and inspection fee shall be required if a permit is not issued. Upon approval the applicant shall pay the same permit fees applicable to a new building, including public facilities fees, annexation to financing districts, grading permit fees, school fees, utility connection fees and any other permit fee as required. The applicant shall agree, in writing, to make all the required changes within one hundred eighty (180) days after relocation and shall post with the City of San Marcos a faithful performance bond, cash or other security, in an amount equal to the estimated cost of the required reconstruction as determined by an estimate approved by the City. The faithful performance bond shall guarantee that the required changes shall be made, or the building or structure shall be removed or demolished and the site cleared, cleaned and restored to its original condition. In the event of a default on the part of the applicant or owner, the City shall order the surety to complete the required work. If in the judgment of the City, the building or structure at the time of default is not serviceable, the City shall order the surety to remove or demolish the building or structure and to clear, clean and restore the site to its original condition.

(Ord. No. 2019-1478, Exh. A, § 1.C, 10-22-2019; Ord. No. 2022-1526, § 1.C(Exh. A), 10-25-2022)

Section 105.2(1) of the California Building Code is amended to read as follows:

One story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet. Similar uses shall not include patios, workshops, garages, habitable spaces or recreational uses.

Section 105.8 Major Remodel Work. The removal and replacement of an existing building or structure, wherein the slab and foundation remain, is considered a new building and subject to the latest adopted construction codes, zoning ordinance and fee schedule as a new building. Major remodel work, known as tear down and replacement, shall conform to the standards and city regulations in-effect at the time of permit application.

Section 105.9 Property Owner Permission. Permit applications that do not list the property or building owner as the applicant shall not be approved for issuance until the applicant submits a letter of permission from the property owner, or owner's agent, that the applicant has the owner's permission to obtain the permit and proceed with the proposed construction.

Section 105.10 Conditions of Approval. Permits shall not be issued for construction on a site until the City of San Marcos determines:

(a)

That all other development permits or approvals required by this Code have been issued;

(b)

That the permit complies with all applicable provisions of this Code; and

(c)

That all grading or public improvements have been satisfactorily completed or installed, or agreed to be installed pursuant to a secured agreement, to allow building permits to be issued.

Permits shall not be issued if the City determines that flooding or geologic conditions at the site may endanger the public safety or welfare.

Section 105.11 Hours of Construction Related Activity.

Construction related activities authorized under a building permit are restricted to the hours of work as follow:

Monday through Friday - 7:00 a.m. to 6:00 p.m.

Saturdays - 8:00 a.m. to 5:00 p.m.

No work on Sunday or City Holidays

Violations of this Section may result in the suspension of permit for a period of time as determined by the City. The City Manager is authorized to waive or modify the hours of as necessary.

(Ord. No. 2019-1478, Exh. A, § 1.C, 10-22-2019; Ord. No. 2022-1526, § 1.C(Exh. A), 10-25-2022)

Section 110.3.1 of the California Building Code is amended to read as follows:

Prior to the approval of any foundation inspection the permit holder shall submit a setback certification prepared by a California licensed surveyor that certifies by field measurement that the location of the building meets or exceeds the minimum setback distance as shown on the approved plans. The permit holder shall also submit a certification from a professional engineer or licensed architect that the condition of the soil has been inspected and complies with the soils report and the intent of the design prior to requesting a foundation inspection. A pad elevation certification is required prior to requesting a foundation or underground plumbing inspection.

(Ord. No. 2019-1478, Exh. A, § 1.C, 10-22-2019; Ord. No. 2022-1526, § 1.C(Exh. A), 10-25-2022)

Section 112.3 of the California Building Code is amended to read as follows:

The Building Official, Fire Marshal or their designated representative shall have the authority to authorize the disconnection of utilities, including sewer, water, gas, electricity or other energy sources supplied to any building or structure during an emergency, or when the condition of the building or structure is deemed to be an immediate hazard to life or property. Whenever possible, the City shall notify the serving utility company, the owner or occupant of the building of the disconnection of service. This section shall serve as authorization for utility companies regulated by the Public Utilities Commission to disconnect services when such services are deemed by the City to pose a hazard to life and property.

(Ord. No. 2019-1478, Exh. A, § 1.C, 10-22-2019; Ord. No. 2022-1526, § 1.C(Exh. A), 10-25-2022)

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

The City Council of the City of San Marcos will appoint members to a Board of Appeals and establish rules of procedure for appeals of decisions and interpretations issued by the building official.

(Ord. No. 2019-1478, Exh. A, § 1.C, 10-22-2019; Ord. No. 2022-1526, § 1.C(Exh. A), 10-25-2022)

Section 115 of the California Building Code is amended to include section 115.4 to read as follows:

Hours of Work: Construction related activities authorized under a building permit are restricted to the hours of work as follows:

Monday through Friday—7:00 a.m. to 6:00 p.m. Saturdays—8:00 a.m. to 5:00 p.m. No work on Sunday or City Holidays

Violations of this Section may result in the suspension of permit for a period of time as determined by the City. The City Manager is authorized to waive or modify the hours of work as necessary.

(Ord. No. 2019-1478, Exh. A, § 1.C, 10-22-2019)

Section 711.2.4.3 of the California Building Code is amended to read as follows:

(a)

Exception: Dwelling unit and sleeping unit separations in building types I, II, III, IV and V construction shall have a fire resistive rating of not less than 1-hour in buildings equipped with or without an automatic fire sprinkler system throughout.

(Ord. No. 2019-1478, Exh. A, § 1.C, 10-22-2019; Ord. No. 2022-1526, § 1.C(Exh. A), 10-25-2022; Ord. No. 2025-1575, § 1.C(Exh. B), 1- 13-2026)

Sections 1505.2 & 3 of the California Building Code are amended to read as follows:

Class "A" shall be the minimum roofing assembly, including re-roofing, allowed on any building in a hillside or mountainous area of the City of San Marcos.

Class "B" shall be the minimum roofing assembly, including re-roofing, allowed on any building in the City of San Marcos.

Exceptions:

Repairs, which do not exceed 50% of the existing roof area, may be of the same materials.

Additions not exceeding 50% of the existing roof area may be of the same materials as the existing roof.

Patio covers with 50% roofing opening uniformly distributed need not comply with this Section.

(Ord. No. 2019-1478, Exh. A, § 1.C, 10-22-2019; Ord. No. 2022-1526, § 1.C(Exh. A), 10-25-2022)

Reserved.

(Ord. No. 2019-1478, Exh. A, § 1.C, 10-22-2019; Ord. No. 2022-1526, § 1.C(Exh. A), 10-25-2022)

Editor's note— Ord. No. 2025-1575, § 1.C(Exh. B), adopted Jan. 13, 2026, deleted § 17.08.160 entitled "Repairs," which derived from: Ord. No. 2016-1431, adopted Oct. 25, 2016; and Ord. No. 2019-1478, Exh. A, § 1.C, adopted Oct. 22, 2019.