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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: May 6, 2026
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Introduction of Ordinance No. MC XXX Amending Various Sections of Title 15 of the San Bernardino Municipal Code Adopting the New (2025) Building Code (All Wards)
(Staff is Requesting to Continue this Item to June 3, 2026) Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action:
1. Hold a Public Hearing; and
2. Introduce and read by title only and waive further reading of Ordinance No. MC- xxx of the Mayor and City Council of the City of San Bernardino, California, adopting the new Municipal Code language and approve use of the new 2025 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code; and
3. Schedule Ordinance No. MC-xxx for Adoption on June 17, 2026.
City Manager's Comments
Recommend continuing the Public Hearing to the regular meeting of June 3, 2026.
Executive Summary
The adoption of the recommended ordinance will reconcile the City’s plan check practices with the current California State Building Code (2025) rather than the 2022 California State Building Code reflected in the current Municipal Code.
Background
On January 1, 2026, the new California State Building Codes were implemented Statewide in all jurisdictions. However, the City of San Bernardino did not adopt the new code at that time. The City must now adopt the new Building Codes as required by 3 2
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State law.
Discussion
The proposed changes to the San Bernardino Municipal Code are strictly for the purpose of adopting the new 2025 Statewide Building Code. Additionally, the proposed update will maintain the removal of language that allows for Temporary Certificates of Occupancy as it was adopted by the Mayor and City Council when the 2022 update was approved in 2024. The City’s Building & Safety Division does not allow for bonding and Temporary Certificates. This is due to previous and ongoing complications with the issuance of these temporary certificates and the required bonding associated with the certificates.
Attachments 3 is Ordinance No. MC – 1643, approved by the Mayor and City Council for the 2022 Building Code update, and Attachment 4 is page 32 of Ordinance No. MC 1643, indicating the removal of the issuance of Temporary Certificates of Occupancy, and the reason behind it.
Table 1 below provides a summary of the proposed changes to Chapter 15 of the Municipal Code
TABLE 1: SUMMARY OF PROPOSED MUNICIPAL CODE CHANGES
Specific
language
changes
•All references to the 2022 California Building Codes will be changed to reflect the 2025 California Codes
Language
removed and
added
•Section 15.20.070 will be removed (Temporary
Certificates of Occupancy)
•Section 15.20.030 will be added (expressly prohibiting Temporary Certificates of Occupancy)
Other sections
removed
•Section 15.34 will be removed as this language exists in the Development Code and is redundant and misplaced
to be in the construction sections of the Municipal Code.
2021-2025 Strategic Targets and Goals
The request for adoption of the proposed new Building Code aligns with Goal No. 1e:
Minimize risk and litigation exposure and Goal No. 4b: Update the General Plan and Development Code. Updating the City’s Building Code is required by State Law and would bring the City in compliance with current building code standards.
Fiscal Impact
There is no General Fund impact associated with this action.
Conclusion
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It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action:
1. Hold a Public Hearing; and
2. Introduce and read by title only and waive further reading of Ordinance No. MC- xxx of the Mayor and City Council of the City of San Bernardino, California, adopting the new Municipal Code language and approve use of the new 2025 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code.
3. Schedule Ordinance No. MC-xxx for Adoption on June 17, 2026 Attachments
Attachment 1 Ordinance No. MC-xxxx Building Code 2025
Attachment 2 Ordinance No. MC-xxxx Building Code 2025 (Tracked changes) Attachment 3 Ordinance No. MC-1643
Attachment 4 Page 32 of Ordinance No. MC-1643
Attachment 5 Notice of Public Hearing
Ward:
All Wards
Synopsis of Previous Council Actions:
On October 2, 2024, the Mayor and City Council adopted Ordinance No. MC-1643, adopting the new Municipal Code language and approve use of the 2022 California Building Code and other minor changes to Chapter 15 of San Bernardino Municipal Code.
CC: Eric Levitt, City Manager