San Marino Municipal Code § 25.02 Building Code

A. Code Adopted: The California Building Code, 2025 edition, based on the 2024 International Building Code as published by the International Code Council, including all appendices, is hereby adopted by reference, and together with certain amendments and deletions, shall constitute the Building Code of the City. A copy of said code shall be located in the Planning and Building Department and shall be, at all times, maintained for use and examination by the public.

B. Building Official Defined: For the purpose of this Code, the Community Development Director shall be the Building Official or his or her designee.

(Ord. 0-19-1357, 11-13-2019; amd. Ord. O-22-1400, 1-11-2023; Ord. O-25-1423-U, 9-26-2026)

Notwithstanding the provisions of section 25.02.01 of this article, section 114.1 of the Building Code is amended to read as follows:

114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building, structure or equipment or cause or permit the same to be done in violation of the Building Code.

It is hereby declared that any violation of the Building Code constitutes a public nuisance, and in addition to any other remedies provided by the Building Code for its enforcement, the City Council may bring civil suit to enjoin the violation of any provisions of this Building Code.

Any person, firm or corporation violating any of the provisions of the Building Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in section 01.04.03A of this Code. Each separate day or any portion thereof during which violation of the Building Code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided.

(Ord. 0-19-1357, 11-13-2019; amd. Ord. O-25-1423-U, 9-26-2026)

Notwithstanding the provisions of section 25.02.01 of this article, section 113.1 of the Building Code is amended to read as follows:

113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code, there shall be and is hereby created a Board of Appeals consisting of the members of the City Council. The Building Official shall be an ex officio member and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings, in writing, to the appellant with a duplicate copy to the Building Official. The Board may request the services of members of the community who are qualified by experience and training to interpret matters pertaining to the Building Code to act as technical assistants to the Board. Technical assistants shall have no vote on any matter before the Board.

(Ord. 0-19-1357, 11-13-2019; amd. Ord. O-25-1423-U, 9-26-2026)

Notwithstanding the provisions of section 25.02.01 of this article, sections 109.2 and 109.6 of the Building Code are amended to read as follows:

109.2 Schedule of permit fees. The fee for each permit shall be as periodically established by City Council resolution.

109.2.1 Plan review fees. When plans or other data are required pursuant Section 107.1, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be 100 percent of the building permit fee established by resolution of the City Council.

109.2.2 Expiration of plan review. Applications for which no permit is issued within 180 days following the date the application or the date of final approval, if one exists, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

109.2.3 Expiration of building permits. Building permits will remain valid if the work on the site authorized by that permit is commenced within 12 months after its issuance, unless the permittee has abandoned the work authorized by the permit.

The Building Official may extend the permit expiration date for a period not exceeding 180 days on written request (submitted prior to the expiration date) by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once.

If an applicant wishes to renew a permit that has been expired for less than 6 months, 50% of the original fees paid shall be required to renew the permit. If an applicant wishes to renew a permit that has been expired for more than 6 months, 100% of the original fees paid shall be required to renew the permit.

109.6 Fee refunds. The Building Official may authorize refunding of any fee paid hereunder that was erroneously paid or collected.

The Building Official may authorize the refunding of not more than 80% of the permit fee paid when no work has been done under a permit in accordance with the Building code.

The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee within 60 days of the date of fee payment.

(Ord. 0-19-1357, 11-13-2019; amd. Ord. O-25-1423-U, 9-26-2026)

Notwithstanding the provisions of section 25.02.01 of this article, new sections 110.3.3.1, 110.3.9.1, and 110.7 are added to the Building Code to read as follows:

110.3.3.1 Prior to frame approval, a rough zoning inspection is required in order to ensure compliance with the approved Development Plans.

110.3.9.1 Prior to final approval, a final zoning inspection is required in order to ensure final compliance with approved Development Plans.

110.7 Connections prohibited. Unless approval has been first obtained from the Building Official, the connection of gas or electrical utilities shall be prohibited until the final zoning, building, heating, air conditioning, electrical, plumbing and grading inspections, as required, are completed and approval has been granted on any building.

(Ord. 0-19-1357, 11-13-2019; amd. Ord. O-22-1400, 1-11-2023; Ord. O-25-1423-U, 9-26-2026)

Notwithstanding the provisions of section 25.02.01 of this article, section 111.1 of the Building Code is amended to read as follows:

111.1 Use or Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification, tenancy, or change in proprietorship of a building or structure or portion thereof shall be made until the Building Official has issued a Certificate of Occupancy therefor as provided herein.

Exception: Group R, Division 3 and Group U occupancies.

Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of the Building Code or of other ordinances of the City. Certificates presuming to give authority to violate or cancel the provisions of the Building Code or other ordinances of the City shall not be valid.

(Ord. 0-19-1357, 11-13-2019; amd. Ord. O-25-1423-U, 9-26-2026)

Notwithstanding the provisions of section 25.02.01 of this article, section 302.1 of the Building Code is amended by adding a new paragraph to read as follows:

Any buildings or structures hereafter erected or constructed on C-l zoned property shall be constructed of one-hour fire resistive construction throughout.

This Section shall apply to:

1. Construction of any new building.

2. Addition, renovation or remodeling of any existing building when the value thereof is more than twenty percent (20%) of the estimated value of the existing building. The value of the proposed addition, renovation or remodeling shall be cumulative of all such renovation or remodeling over five (5) years.

The value of the proposed construction and of the existing building shall be determined by the Planning and Building Department based upon the latest edition of the Building Valuation Data as published by the International Code Council.

(Ord. 0-19-1357, 11-13-2019; amd. Ord. O-25-1423-U, 9-26-2026)

Notwithstanding the provisions of section 25.02.01 of this article, section 312.2 is added to the Building Code to read as follows:

312.2 Garage access. To provide a secondary means of egress from a private garage, a door, minimum 2'6" x 6'8" dimensions, shall be provided in addition to the automobile access door or doors.

(Ord. 0-19-1357, 11-13-2019; amd. Ord. O-25-1423-U, 9-26-2026)

Notwithstanding the provisions of section 25.02.01 of this article, section 317.1is added to the Building Code to read as follows:

R317.1 Floor surface. Garage floor surfaces shall be of approved noncombustible material.

The area of floor used for 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. Combustible Finished Flooring shall be prohibited. (Underlined will be our amendment to the code).

(Ord. 0-19-1357, 11-13-2019; amd. Ord. O-25-1423-U, 9-26-2026)

Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1505.1.1 of the Building Code is amended by adding new paragraphs following the first sentence to read as follows:

1505.1.1 Roof Coverings. Wood shakes and wood shingles for reroofing or repairs to an existing roof, or new construction of a roof are permitted provided they are Class A fire retardant roofing coverings.

Exception: Repairs to existing wood shake or wood shingle roof covering, which are considered minor (up to five percent (5%) of the roof area), may be allowed with Class B wood shingles or shakes.

Notwithstanding Section 1507.8.5, when more than thirty percent (30%) of the total roof area is replaced within any one (1) 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 the existing structure shall be a fire-retardant roof covering that is at least Class A.

Reroofing over an existing roof is not permitted unless the roofing is specifically approved in the classification required over existing substrate. Evidence of such approval must be submitted at the time of permit issuance. Fire severity zones are established by the Fire Department and the California Department of Forestry and Fire Protection.

(Ord. 0-19-1357, 11-13-2019; amd. Ord. O-21-1380, 2-10-2021; Ord. O-25-1423-U, 9-26-2026)

Notwithstanding the provisions of section 25.02.01 of this article, section 1505.1.3 of the Building Code is amended by requiring minimum Class “A” roofing for all types of construction for Group A-3, B, M and R-3 Occupancies.

(Ord. 0-19-1357, 11-13-2019; amd. Ord. O-25-1423-U, 9-26-2026)

Notwithstanding the provisions of section 25.02.01 of this article, section 1507.2.5.1 is added to the Building Code to read as follows:

1507.2.5.1 Not more than one overlay of asphalt shingles shall be applied over an existing asphalt or wood shingle roof. Asphalt shingles applied over wood shingles shall not have less than Type 30 nonperforated felt underlayment installed prior to reroofing.

(Ord. 0-19-1357, 11-13-2019; amd. Ord. O-25-1423-U, 9-26-2026)

Notwithstanding the provisions of section 25.02.01 of this article, section 1507.3.1 of the Building Code is amended to read as follows:

1507.3.1 Deck requirements. Concrete and clay tile shall be installed only over solid structural sheathing boards.

(Ord. 0-19-1357, 11-13-2019; amd. Ord. O-25-1423-U, 9-26-2026)

Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1507.8.5 of the Building Code is amended as follows:

Wood shingles shall be of naturally durable wood and comply with the requirements of Table 1507.8.5. If reroofing more than thirty percent (30%) of an existing roof within any one (1) year period, then the entire roof must comply with the current code. This means that all existing wood shingles must be removed and the new roof must be a code approved Class A roof covering as required by CBC Section 1505.1. If reroofing thirty percent (30%) or less of an existing roof within any one (1) year period, then only the area replaced needs to comply with the current code. This means that only the wood shingles in the area of replacement must be removed and the new roof material must be a code approved Class A roof covering as required by CBC Section 1505.1.

(Ord. 0-19-1357, 11-13-2019; amd. Ord. O-21-1380, 2-10-2021; Ord. O-25-1423-U, 9-26-2026)

Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1507.9.6 of the Building Code is amended as follows:

Wood shake shall comply with the requirements of Table 1507.9.6. If reroofing more than thirty percent (30%) of an existing roof within any one (1) year period, then the entire roof must comply with the current code. This means that all existing wood shakes must be removed and the new roof must be a code approved Class A roof covering as required by CBC Section 1505.1.

If reroofing thirty percent (30%) or less of an existing roof within any one (1) year period, then only the area replaced needs to comply with current code. This means that only the wood shake in the area of replacement must be removed and the new roof material must be a code approved Class A roof covering as required by CBC Section 1505.1."

(Ord. 0-19-1357, 11-13-2019; amd. Ord. O-21-1380, 2-10-2021; Ord. O-25-1423-U, 9-26-2026)

Notwithstanding the provisions of section 25.02.01 of this article, section 1613.5 is added to chapter 16 of the 2019 Edition of the California Building Code to read as follows:

1613.5 ASCE 7, 12.12.3 Modify ASCE 7 Equation 12.12-1 of Section 12.12.3 to read as follows:

[Figure] (12 .12-1)

(Ord. 0-19-1357, 11-13-2019; amd. Ord. O-25-1423-U, 9-26-2026)

Notwithstanding the provisions of section 25.02.01 of this article, section 1613.8 is added to chapter 16 of the 2019 Edition of the California Building Code to read as follows: