San Marino Municipal Code § 25.03 Residential Code

Except as hereinafter provided, the California Residential Code, 2025 edition, based on the 2024 International Residential Code as published by the International Code Council, including all appendices, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Residential Code of the City. A copy of such code shall be located in the Planning and Building Department and shall be, at all times, maintained for use and examination by the public. For the purposes of this code, the Building Official shall be the Building Official.

(Ord. 0-19-1357, 11-13-2019; amd. Ord. O-22-1400, 1-11-2023; Ord. O-25-1423-U, 9-26-2025)

Notwithstanding the provisions of section 25.03.01 of this article, section R112 of the Residential Code is hereby amended to read as follows:

R112.1 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 the Residential 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 of 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 procedures 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 Residential 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; Ord. O-25-1423-U, 9-26-2025)

Notwithstanding the provisions of section 25.03.01 of this article, section R113.1 of the Residential Code is amended to read as follows:

R113.1 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 Residential Code.

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

Any person, firm or corporation violating any of the provisions of the Residential 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 Residential 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; Ord. O-25-1423-U, 9-26-2025)

Notwithstanding the provisions of section 25.03.01 of this article, sections R108.2 and R108.5 of the Residential Code are amended to read as follows:

R108.2 Schedule of permit fees. The fee for each permit shall be as periodically established by City Council resolution.

R108.2.1 Plan review fees. When plans or other data are required pursuant to Section R106, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be one-hundred percent (100%) of the building permit fee established by resolution of the City Council.

R108.2.2 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.

R108.2.3 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.

R108.5 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 Residential 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; Ord. O-25-1423-U, 9-26-2025)

Notwithstanding the provisions of section 25.03.01 of this article, new sections R109.1.5.3, R109.1.5.3, and R109.1.6.3 are added to the Residential Code to read as follows:

R109.1.5.4 Prior to frame approval, a rough zoning inspection is required in order to ensure compliance with the approved Development Plans.

R109.1.5.5 Prior to final approval, a final zoning inspection by Planning Department staff is required in order to ensure final compliance with approved Development Plans.

R109.1.6.3 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 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; Ord. O-25-1423-U, 9-26-2025)

Notwithstanding the provisions of section 25.03.01 of this article, table R301.2.2.1.1 and section R301.2.2.1.2 of the Residential Code are amended to read as follows:

TABLE R301.2.2.1.1

SEISMIC DESIGN CATEGORY DETERMINATION

R301.2.2.1.2 Alternative determination of Seismic Design Category E. Buildings located in Seismic Design Category E in accordance with Figure R301.2(2) are permitted to be reclassified as being in Seismic Design Category D2 provided one of the following is done:

1. A more detailed evaluation of the seismic design category is made in accordance with the provisions and maps of the California Building Code. Buildings located in Seismic Design Category E per Table R301.2.2.1.1, but located in Seismic Design Category D per the California Building Code, may be designed using the Seismic Design Category D2 requirements of this code.

2. Buildings located in Seismic Design Category E that conform to the following additional restrictions are permitted to be constructed in accordance with the provisions for Seismic Design Category D2 of this code: