Article 16-15

BUILDING CODE*

Sections:

(a) The 2025 California Building Code, Title 24, Part 2, Volume 1 and 2, including appendices F and I, referred to throughout this Chapter as the "Building Code," is hereby referred to and, except as to additions, deletions and amendments hereinafter described, such code is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Building Code of the City. In accordance with California Health and Safety Code Section 17958.7, express findings that modifications to the Building Code are reasonably necessary because of local climatic, geological, or topographical conditions are either already on file with the California Building Standards Commission or will be filed prior to the effective date of the ordinance codified in this Article.

(b) At least one true copy of the Building Code has been on file with the City Clerk for fifteen days prior to enactment of the ordinance codified in this Article. While the ordinance codified in this Article is in force, a true copy of the Building Code shall be kept for public inspection in the office of the Building Official. (Ord. No. 414, § 2(App. A), 11-5-2025)

Section 105.5 of the Building Code is amended to read as follows:

*Editor’s note— Ord. No. 414, § 2(App. A), adopted November 5, 2025, repealed the former Article 16-15, §§ 16-15.010—16-15.070, and enacted a new Article 16-15 as set out herein. The former Article 16-15 pertained to similar subject matter and derived from Ord. No. 395, § 2(App. A), December 7, 2022.

105.5 Expiration of Permits.

(a) Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation and become null and void if any one of the following occurs:

1. The building or work authorized by such permit is not commenced within 12 months from the date of permit issuance; or

2. The building or work authorized by such permit is suspended or abandoned at any time after work is commenced for a period of 12 months; or

3. The permittee fails an inspection or refuses to request an inspection required by Section 110 of the Building Code within any period of 180 consecutive days after the work authorized by the permit is commenced. If the Building Official conducts such inspection within such 180-day period but declines to approve such inspection without correction of specified items and subsequent re-inspection, then the building permit shall not expire if such correction is made and passes re-inspection within 30 days after the end of the 180day period described in this subsection; or

4. In no case shall any building permit remain valid for more than thirty-six (36) months from the date of original issuance, except as provided in subsection (h).

(b) After such expiration, work may only recommence upon reinstatement or issuance of a new permit. The plans and specifications for a reinstated permit or new permit shall comply with all provisions of the City Building Code in effect at the time of reinstatement or issuance.

1. Reinstatement. Expired permits may be reinstated if an application is made within 180 days of expiration, provided no changes have been made or will be made to the original plans and specifications for such work, and provided further that such suspension or abandonment under subsection (a)(2) above has not exceeded one year. The fee for issuance of a reinstated permit shall be one-half of the full permit fee in effect at the time of reinstatement.

2. New Permit. A new permit may be issued following expiration, provided any underlying planning approvals remain effective. The full permit fee in effect at the time of issuance shall apply.

(c) Upon written request by the applicant showing, to the satisfaction of the Building Official, that the prior permit expired as a result of exceptional circum-

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stances beyond the reasonable control of the applicant, the Building Official may waive or reduce the payment of a fee for issuance of the reinstated or new permit.

(d) The Building Official may decline to issue more than one reinstatement of a building permit if, in the judgment of the Building Official, the work is not being diligently prosecuted to completion.

(e) Any building, structure, or work for which a building permit has expired shall be deemed unsafe, abandoned, and a public nuisance unless a new valid permit is obtained. The Building Official is authorized to abate such nuisance by repair, rehabilitation, demolition, removal, or other lawful means.

(f) The Building Official may also condition any reinstatement or extension to assure diligent prosecution to completion or to prevent a nuisance.

(h) Extension Beyond Thirty-Six (36) Months. Upon written request of the permittee filed prior to expiration of the permit, the Building Official may grant a single extension of the maximum thirty-six (36) month life of the permit for a period not to exceed twelve (12) additional months, provided:

1. The permittee demonstrates to the satisfaction of the Building Official that the delay is due to exceptional circumstances beyond the permittee's control; and

2. The underlying planning entitlements remain valid; and

3. The proposed extension is consistent with the public health, safety, and welfare.

No permit shall be extended beyond forty-eight (48) months from the date of original issuance. Section 105.5.1 of the Building Code is deleted.

(Ord. No. 414, § 2(App. A), 11-5-2025)

Section 109.2 of the Building Code is amended to read as follows:

109.2 Fees. The City of Saratoga may prescribe fees to defray the cost of enforcement of rules and regulations promulgated by the Department of Housing and Community Development or set forth in the City's Code. The amount of such fees shall not exceed the amount reasonably necessary to administer or process permits, certificates, forms, or other documents or to defray the costs of enforcement and shall be established by resolution of

the City Council. The payment of any fee shall not exempt any person from compliance with all other provisions of this code or the technical codes nor from any penalty prescribed by law.

Permit Fees. The amount of the fees to be paid for each permit shall be established by resolution of the City Council.

Investigation Fees. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether a permit is then or subsequently issued. The investigation fee shall be established by resolution of the City Council.

Plan Review Fees. When a plan or other data are required to be submitted by Section 107.1 of the Building Code, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be established by resolution of the City Council. Where plans are incomplete or changed to require additional plan review, an additional plan review fee shall be charged as established by resolution of the City Council.

Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application 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 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.

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Additional Fees. The City of Saratoga may prescribe any additional fees reasonably necessary to cover the cost of administering this Article. Such fees shall be set forth in the City of Saratoga Master Fee Schedule adopted by the City Council.

(Ord. No. 414, § 2(App. A), 11-5-2025)

(a) Section 1505.1.1 of the 2025 Building Code is amended to read as follows:

Roof coverings within Fire Hazard Severity Zones

or in the Wildland-Urban Interface (WUI). The entire roof covering of every existing structure where more than 10 percent of the total roof area is replaced within any one-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 every existing structure shall be a fire-retardant roof covering that is at least Class A and must also comply with the Wildland-Urban Interface Code.

(b) Section 1505.1.2 of the 2025 California Building Code is amended to read as follows:

Roofing coverings within all other areas. The entire

roof covering of every existing structure where more than 10 percent of the total roof area is replaced within any one-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 every existing structure shall be a fire-retardant roof covering that is at least Class A.

(Ord. No. 414, § 2(App. A), 11-5-2025)

Section 903.2 of the Building Code is amended to read as follows:

903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21.

For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.

1. An automatic sprinkler system shall be provided throughout all new buildings and structures, other than Group R occupancies, except as follows:

a. Buildings and structures not located in any Wildland-Urban Interface and not exceeding 1,200 square feet of fire area.

b. Buildings and structures located in any Wildland-Urban Interface Fire Area and not exceeding 500 square feet of fire area.

c. Group S-2 or U occupancies, including photovoltaic support structures, used exclusively for vehicle parking which meet all of the following:

i. Noncombustible construction.

ii. Maximum 5,000 square feet in building area.

iii. Structure is open on not less than three (3) sides nor 75% of structure perimeter.

iv. Minimum of 10 feet separation from existing buildings, or similar structures, unless area is separated by fire walls complying with California Building Code 706.

d. Canopies, constructed in accordance with CBC 406.7.2, used exclusively for weather protection of vehicle fueling pads per CBC 406.7.1 and not exceeding 5,000 square feet of fire area.

2. An automatic sprinkler system shall be installed throughout all new buildings with a Group R fire area.

Exception: Accessory Dwelling Unit, provided that all of the following are met:

a. The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2.

b. The existing primary residence does not have automatic fire sprinklers.

c. The accessory dwelling unit does not exceed 1,200 square feet in size.

d. The unit is on the same lot as the primary residence.

e. The unit meets all apparatus access and water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code.

3. An approved automatic fire sprinkler system shall be installed in new manufactured homes (as defined in California Health and Safety Code Sections

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18007 and 18009) and multifamily manufactured homes with two dwelling units (as defined in California Health and Safety Code Section 18008.7) in accordance with Title 25 of the California Code of Regulations.

4. An automatic sprinkler system shall be installed throughout existing buildings with a Group R fire area when additions are made causing the fire area to exceed 3,600 square feet.

Exception: Additions where all of the following are met:

a. Building addition does not exceed 500 square feet.

b. The resultant structure meets all water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code.

5. An automatic sprinkler system shall be provided throughout existing Group A, B, E, F, L, M, S and U buildings and structures, when additions are made that increase the fire area to more than 3,600 square feet or that create conditions described in Sections 903.2.1 through 903.2.18.

6. Any change in the character of occupancy or in use of any building with a fire area equal to or greater than 3,600 square feet which, in the opinion of the fire code official or building official, would place the building into a more hazardous division of the same occupancy group or into a different group of occupancies and constitutes a greater degree of life safety[1 ] or increased fire risk[2] , shall require the installation of an approved fire automatic fire sprinkler system.

1 Life Safety - Shall include, but not limited to: Increased occupant load, public assembly areas, public meeting areas, churches, indoor amusement attractions, buildings with complex exiting systems due to increased occupant loads, large schools/daycare facilities, large residential care facilities housing non-ambulatory clients.

2 Fire Risks - Shall include, but not limited to: High-piled combustible storage, woodworking operations, hazardous operations using hazardous materials, increased fuel loads (storage of moderate to highly combustible materials), increased sources of ignition (welding, automotive repair with the use of flammable liquids and open flames). (Ord. No. 414, § 2(App. A), 11-5-2025)

Section 903.2.11.7 of the Building Code is adopted to read as follows:

903.2.11.7 Chemical Fume Hood Fire Protection.

7.10.1 Approved automatic fire extinguishing systems shall be provided in chemical fume hoods in the following cases:

1. Existing hoods having interiors with a flame spread index greater than 25 in which flammable liquids are handled

2. If a hazard assessment determines that an automatic extinguishing system is required for the chemical fume hood, then the applicable automatic fire protection system standard shall be followed.

(Ord. No. 414, § 2(App. A), 11-5-2025)

Section 907.8 of the Building Code is amended to read as follows:

907.8 Inspection, testing and maintenance.

The maintenance and testing schedules and procedures for fire alarm and fire detection systems shall be in accordance with Sections 907.8.1 through 907.8.4 and NFPA 72. Records of inspection, testing and maintenance shall be documented using NFPA 72 record of inspection and testing forms.

(Ord. No. 414, § 2(App. A), 11-5-2025)

Section 1705.3 of the Building Code is amended to read as follows:

Special inspections and tests of concrete construction shall be performed in accordance with this section and Table 1705.3.

Exceptions: Special inspections and tests shall not be required for:

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f'c, no greater than 2,500 pounds per square inch (psi) (17.2 Mpa).

2. Continuous concrete footings supporting walls of buildings three stories or less above grade plane that are fully supported on earth or rock where:

2.1.The footings support walls of light-frame construction.

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2.2.The footings are designed in accordance with Table 1809.7.

2.3.The structural design of the footing is based on a specified compressive strength, ƒ c, not more than 2,500 pounds per square inch (psi) (17.2 MPa), regardless of the compressive strength specified in the approved construction documents or used in the footing construction.

3. Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.03 MPa).

4. Concrete foundation walls constructed in accordance with Table 1807.1.6.2.

5. Concrete patios, driveways and sidewalks, on grade.

(Ord. No. 414, § 2(App. A), 11-5-2025)

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