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Att 1 - Ordinance No. 1796

San Clemente City Council
November 4, 2025

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Att 1 - Ordinance No. 1796
Meeting
November 4, 2025
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San Clemente City Council
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Attachment 1
ORDINANCE NO. 1796

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AMENDING TITLE
15, CHAPTERS 15.05, 15.08, 15.11, 15.12, 15.14, 15.16,

15.17, 15.18, 15.20, 15.22, 15.23 OF AND TITLE 8,
CHAPTER 8.16 OF AND ADDING CHAPTER 15.13 TO

THE SAN CLEMENTE MUNICIPAL CODE AND,
ADOPTING BY REFERENCE THE 2025 CALIFORNIA

BUILDING STANDARDS CODE (CALIFORNIA CODE
OF REGULATIONS, TITLE 24), CONSISTING IN PART
OF THE 2025 CALIFORNIA ADMINISTRATIVE CODE,
THE 2025 CALIFORNIA BUILDING CODE, THE 2025
CALIFORNIA RESIDENTIAL CODE, THE 2025
CALIFORNIA ELECTRICAL CODE, THE 2025
CALIFORNIA MECHANICAL CODE, THE 2025
CALIFORNIA PLUMBING CODE, THE 2025
CALIFORNIA FIRE CODE, THE 2025 CALIFORNIA
GREEN BUILDING STANDARDS CODE, THE 2025
CALIFORNIA ENERGY CODE, THE 2025 CALIFORNIA
WILDLAND-URBAN INTERFACE CODE, THE 2025

CALIFORNIA HISTORICAL BUILDING CODE, THE
2025 CALIFORNIA EXISTING BUILDING CODE, AND
THE 2025 CALIFORNIA REFERENCED STANDARDS

CODE, TOGETHER WITH CERTAIN ADDITIONS,

AMENDMENTS, AND DELETIONS THERETO AND
REPEALING ORDINANCE NO.1738
WHEREAS, Health & Safety Code Section 17958 mandates that the City of San Clemente (“City”) adopt ordinances or regulations imposing the requirements of the most recent editions of international or uniform industry codes adopted by the State pursuant to Health & Safety Code Section 17922; and
WHEREAS, the State of California is mandated by Health & Safety Code Section 17922 to impose the same requirements as are contained in the uniform codes. The State adopts and publishes codes every three years for building and construction throughout the State (hereinafter referred to collectively as “Codes”); and WHEREAS, the California Building Standards Commission recently adopted the 2025 Edition of the California Building Standards Code; and WHEREAS, pursuant to Government Code section 50022.1 et seq., the City may adopt by reference the California Building Standards Code, 2025 Edition as provided in Title 24 of the California Code of Regulations and other codes; and Ordinance No. 1796 Page 2
2 WHEREAS, Health & Safety Code Section 17958.5 and 18941.5 permit the City to adopt the California Building Standards Code and to make such changes or modifications to the Codes as are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, the Building Official and Director of Community Development have recommended that changes and modifications be made to certain Codes and have advised that said changes and modifications to the California Building Code, 2025 Edition; the California Residential Code, 2025 Edition; the California Electrical Code, 2025 Edition; the California Mechanical Code, 2025 Edition; the California Plumbing Code, 2025 Edition; the Existing Building Code, 2025 Edition and the California Wildland-Urban Interface Code, 2025 Edition are reasonably necessary due to local conditions in the City of San Clemente and have further advised that the remainder of said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Code or are reasonably necessary to safeguard life and property within the City of San Clemente. Also, the various parts of the California Building Standards Code shall also be adopted by ordinance to include the 2025 California Administrative Code, the 2025 California Energy Code, the 2025 California Green Building Standards Code, the 2025 California Historical Building Code, and the 2025 California Referenced Standards Code with no local amendments.

The California Fire Code, 2025 Edition changes and modifications developed by Orange County Fire Authority are included in this ordinance.

NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of San Clemente as follows:

The City of San Clemente adopts the following parts of the 2025 California Building Standards Codes with certain local additions, amendments, and deletions, amending the San Clemente Municipal Code,
Title 15 Buildings and Construction
Chapter 15.08 Building Code
Chapter 15.12 Electrical Code
Chapter 15.13 Wildland-Urban Interface Code
Chapter 15.16 Mechanical Code
Chapter 15.20 Plumbing Code
Chapter 15.22 Residential Code
Chapter 15.23 Existing Building Code
Title 15 Building and Construction, the remaining parts of the 2025 California Building Standards Codes that the City is not amending.

Chapter 15.05 Administrative Code
Chapter 15.11 Energy Code
Chapter 15.14 Green Building Standards Code
Chapter 15.17 Historical Building Code
Chapter 15.18 Referenced Standards Code
Ordinance No. 1796 Page 3
3 Title 8 Health and Safety
Chapter 8.16 Fire Code Amended by Orange County Fire Authority Section 1. Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Findings. Based on the foregoing and the below findings, the City Council of the City of San Clemente does hereby find that the proposed amendments to each of the sections of the 2025 Edition of the California Building Standards Code to be amended, added, modified, changed, or deleted are reasonably necessary for reasons of local climatic, geologic, and topographic conditions as set forth in “Exhibit A” of this Ordinance. The City Council finds and determines there is a need to adopt the changes or modifications to the Codes because of local climatic, topographical, and geological conditions as follows:

Section 2. Findings. The City Council finds and determines there is a need to adopt the changes or modifications to the Codes because of local climatic, topographical, and geological conditions as follows:

I. Climatic Conditions
A. The jurisdiction of San Clemente is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 m.p.h., or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials.

Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the City. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles will greatly impact the response time to reach an incident scene.

B. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the Orange County Fire authority’s ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the City.

C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features.

Ordinance No. 1796 Page 4
4 D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection.

The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.

E. These climatic conditions are applicable to amendments of the 2025 California Building Code Sections 901.2, 903.2, 903.2.8, 1505.1 and to the 2025 California Fire Code Sections 903, 2808.

II. Topographical Conditions:

A. Natural; slopes of 15 percent or greater generally occur throughout the City.

The elevation change caused by the hills creates the geological foundation on which communities within the City are built and will continue to build. With much of the populated flatlands already built upon, future growth will occur on steeper slopes and greater constraints in terrain.

B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout the City.

C. These topographical conditions combine to create a situation, which places fire department response time to fire occurrences at risk and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.

D. These topographical conditions are applicable to amendments of the 2025 California Building Code Sections 3109.2; the 2025 California Residential Code Sections R309.1, R309.1.1, R309.1.2, R309.2, R309.2.1, R402.2, R602.10.4.1, R1001 and to the 2025 California Fire Code Sections 305, 307, 903, 2808.

III. Geological Conditions:

A. The City is a densely populated area that has buildings constructed over and/or near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport-Inglewood Fault, located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area that ran from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the jurisdiction of Irvine at an unknown fault line. Regional planning for Ordinance No. 1796 Page 5
5 reoccurrence of earthquakes is recommended by the State of California, Department of Conservation.

B. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the Newport-Inglewood Fault Zone, page 59), “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.” C. Road circulation features located throughout the City also make amendments reasonably necessary. There are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design, accompanied by occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Orange County that naturally have extended emergency response times that exceed the 5-minute goal.

D. Soils throughout the City possess corrosive properties that reduce the expected usable life of water services when metallic pipes come in contact with these soils.

E. Expansive soils throughout the City combined with predominant hillside conditions, groundwater and occasional flooding raise the potential for ground slippage, ground erosion, slope failure and building damage.

F. Portions of Orange County contain active or former oil production fields.

These areas contain a variety of naturally occurring gasses, liquids and vapors. These compounds present toxicity or flammability hazards to building occupants. Evaluation of these hazards and the risks they pose to development is necessary implement for appropriate mitigation.

G. Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zone described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) resources available for a given structures. Additional fire protection is also justified to Ordinance No. 1796 Page 6
6 match the current resources of firefighting equipment and personnel within the Orange County Fire Authority.

H. These geological conditions are applicable to amendments of the 2025 California Building Code Sections 1502.4, 1505.1.1, tbl 1807.1.6, 3109.2; the 2025 California Electrical Code Section 300.5; the 2025 California Mechanical Code Sections 504.3, 1308.4; the 2025 California Plumbing Code Sections 604.1, 604.3, 609.3, 610.8, 701.2, 1208.5; the 2025 California Residential Code Sections R402.2, R405.1, R602.10.4.1.

Furthermore, the City Council finds that the proposed amendments to the various codes meets the State mandate for local modifications to the State Standard Building Codes being more restrictive and reasonably necessary because of local climatic, geological or topographical conditions.

Additional amendments are found to be either administrative or procedural in nature or to concern themselves with subjects not covered in the Codes. They are necessary for administrative clarification, and do not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17958.7, and/or 18941.5. These administrative amendments establish administrative standards for the effective enforcement of the building standards in the City. The changes made include provisions making each of said Codes compatible with other codes enforced by the City and fee schedules.

A copy of this Ordinance adopting the 2025 California Building Standards Code, as amended, shall be filed with the California Building Standards Commission by the City Clerk of the City of San Clemente.

Section 3. CEQA Findings. The City Council finds that this ordinance is not subject to the requirements of California Environmental Quality Act (“CEQA”) for the following reasons:

A. This Ordinance is not a “project” within the meaning of State CEQA Guidelines, section 15378, because it has no potential for resulting in direct or indirect physical change in the environment.

B. This Ordinance is exempt under section 15061(b)(3), the general rule exemption, because it can be seen with certainty that there is no possibility that this code amendment will have a significant effect on the environment.

Code Amendments. Based on the foregoing, the City Council of the City of San Clemente does hereby find that the proposed amendments to the 2025 Edition of the California Building Standards Code are reasonably necessary for reasons of local climatic, geologic, and topographic conditions as set forth in “Exhibit A” of this Ordinance. The following amendments are made to the below-listed sections, subdivisions, and subsections of Title 15 of the San Clemente Municipal Code:

Ordinance No. 1796 Page 7
7 Section 4. Chapter 15.05. Chapter 15.05 of the San Clemente Municipal Code, “Administrative Code” is hereby amended to read as follows:

Chapter 15.05 ADMINISTRATIVE CODE

15.05.010 Administrative Code Adopted – Where
filed.

The 2025 California Administrative Code is hereby adopted and a copy held for public review in the Building Division.

Section 5. Chapter 15.08. Chapter 15.08 of the San Clemente Municipal Code, “Building Code” is hereby amended to read as follows:

Chapter 15.08 BUILDING CODE

15.08.010 Building Code Adopted – Where filed.

15.08.020 Division II of Chapter 1 amended — administration.

15.08.025 Chapter 2 amended — Definitions.

15.08.030 Chapter 4 amended — Special Detailed Requirements Based on Use and Occupancy.

15.08.035 Chapter.

15.08.040 Chapter 9 amended — Fire Protection Systems.

15.08.050 Chapter 15 amended — Roof Assemblies and Rooftop Structures.

15.08.060 Chapter 18 amended — Soils and Foundations.

15.08.070 Chapter 31 amended — Special Construction.

15.08.080 Reserved.

15.08.090 Reserved.

15.08.100 Construction of Off-Street Parking Lots.

Section 15.08.010 Building Code Adopted – Where
filed.

For the purpose of prescribing regulations for
erection, construction, enlargement, alteration,
replacement, repair, improvement, removal,
movement, conversion, demolition, use and
occupancy, equipment, height, location, maintenance,
and areas of every building or structure or any
appurtenances connected or attached to such
building or structure in the City, the California Building Code (“CBC”), 2025 Edition, based on the 2024
International Building Code as published by the
Ordinance No. 1796 Page 8
8 International Code Council, including Chapter 1 and
Appendix I, is hereby adopted, as modified in this
Chapter. A copy is on file for public examination in the City's Building Division Office.

15.08.020 Division II of Chapter 1 amended —
Administration.

Division II of Chapter 1 of CBC is hereby amended as
follows:

A. Subsection 101.1 is hereby amended to read in its
entirety as follows:
101.1 Title. These regulations shall be known as the
San Clemente Building Code, hereinafter referred to
as “this code.”
B. Subsection 101.2 is hereby amended to read in its
entirety as follows:
101.2 Scope. The provisions of this code shall apply
to the construction, alteration, relocation,
enlargement, replacement, repair, equipment, use
and occupancy, location, maintenance, removal and
demolition of every building or structure or any
appurtenances connected or attached to such
buildings or structures.

Exception: Detached one- and two-family
dwellings and multiple single-family dwellings
(townhouses) not more than three stories above
grade plane in height with a separate means of
egress and their accessory structures not more
than three stories above grade plane in height,
shall comply with the California Residential Code.

The provisions of these codes shall apply to and
affect all of the territory of the City of San
Clemente, except work located primarily in a
public way, public utility towers and poles,
mechanical equipment not specifically regulated in
these codes, hydraulic flood control structures,
facilities for the production, generation, storage or
transmission of water or electrical energy by a
Ordinance No. 1796 Page 9
9 local agency, and except as exempted by these
codes.

C. Section 101.2.1 Appendices is amended to add a
sentence to read: Appendix I Patio Covers is adopted
by reference.

D. A new Subsection 101.4.9 is hereby added to Section
101 to read in its entirety as follows:
101.4.9 Green Code. The provisions of the California
Green Building Standards Code shall apply to design
and construction of buildings for sustainability.

E. Subsection 105.2 is hereby amended by deleting
items 1 through 13 under the heading “Building” and
replacing them with the following:

Building:

1. One-story detached accessory buildings and
structures used as tool and storage sheds,
playhouses and similar uses and structures such
as portable shade cloth structures, provided the
floor area does not exceed 120 square feet or a
wall height of 8 feet. Such structures must comply
with the setback and height requirements of the
City Zoning Ordinance and the Fire Code.

2. Fences other than swimming pool barriers, not
over 6 feet high. Masonry fences under 42 inches
in height above finish grade.

3. Oil derricks.

4. Retaining walls that are not over 4 feet in height
measured from the bottom of footing to the top of
wall unless supporting a surcharge, impounding
Class I, II or IIIA liquids, or if on a slope less than 1 in 3. Retaining walls on slopes greater than 1 in 3
are required to be reviewed by engineering and
planning divisions to determine if permitting is
required.

Ordinance No. 1796 Page 10
10 5. Water tanks supported directly on grade if the
capacity does not exceed 5,000 gallons and the
ratio of height to diameter or width does not
exceed 2:1 and not on or within 7 feet of a
descending slope.

6. Detached decks, platforms or similar structures
not exceeding 200 square feet in area, walkways,
sidewalks and driveways that are not more than
30 inches above adjacent grade, and not over any
basement or story below, and are not part of a
required exit means of egress, and are not part of
an accessible route.

7. Painting, papering, tiling (except shower
enclosures), carpeting, cabinets, counter tops and
similar finish work that does not involve electrical,
mechanical or plumbing work.

8. Temporary motion picture, television and theater
stage sets and scenery when approved by special
use permit.

9. Prefabricated swimming pools accessory to a
Group R-3 occupancy that are less than 18 inches
deep, do not exceed 5,000 gallons and are
installed entirely above ground.

10. Shade cloth structures constructed for nursery or
agricultural purposes, not including service
systems that meet zoning requirements.

11. Swings and other playground equipment
accessory to detached one- and two-family
dwellings.

12. Window awnings supported by an exterior wall
that do not project more than 54 inches from the
exterior wall and do not require additional support
of Group R-3 and U occupancies.

13. Non-fixed and movable fixtures, cases, racks,
counters and partitions not over 5 feet 9 inches in
height.

Ordinance No. 1796 Page 11
11 14. Ground mounted Radio and television antenna,
and flagpoles not higher than the setback from the
property line and not more than 20 feet (20) feet in
height measured from grade. Small dish receivers
mounted on Residential uses.

Unless otherwise exempted, separate plumbing,
electrical and mechanical permits will be required for
the above-exempted items.

F. Subsection 105.3.2 is hereby amended to read in its
entirety as follows:
105.3.2 Time limitation of application. An
application for a permit for any proposed work shall
be deemed to have been abandoned 12 months after
the date of filing, unless such application has been
pursued in good faith or permit has been issued;
except that the building official is authorized to grant one or more extensions of time for additional periods
not exceeding 90 days each. The extension shall be
requested in writing and justifiable cause
demonstrated. The total period of application
extensions granted shall not exceed an additional 18
months. In order to renew action on an application
after expiration, the applicant shall resubmit plans and pay a new plan check fee.

G. Subsection 105.5 is hereby amended to read in its
entirety as follows:

105.5 Expiration. Every permit issued shall become
invalid unless the work on the site authorized by such
permit is commenced within 12 months after its
issuance, or if the work authorized on the site by such permit is suspended, abandoned, or if an inspection is
not requested within a period of 180 days and an
approved inspection that shows work is progressing.

Any permittee holding an unexpired permit may apply
for an extension of the time within which work may
commence under that permit when the permittee is
unable to commence work within the time required.

The extension shall be requested in writing prior to
Ordinance No. 1796 Page 12
12 the permit expiring and show justifiable cause
demonstrating that circumstances beyond the control
of the permittee have prevented action from being
taken. Pursuant to this paragraph, the Building
Official or his/her designee is authorized to grant, in writing, one or more extensions of time for a period
not more than 180 days. The completion of
construction shall not extend beyond the timeframes
mandated in Section 105.8 of this code even with
such extension.

Before such work can be recommenced after a permit
expires, a new permit shall first be obtained, and a fee therefore shall be one half the amount required for a
new permit for such work, provided no changes have
been made or will be made in the original plans and
specifications for such work, and provided further that such suspension or abandonment has not exceeded
one year. In order to renew action on a permit after
this one year time period, the permittee shall pay a
new full permit fee.

H. A new Subsection 105.8 is hereby added to Section
105 to read in its entirety as follows:
105.8 Completion of construction. Notwithstanding
subsection 105.5 above, all construction shall be
completed by the owner, owner's agent, or the
permittee and approved by the City within 12 months.

Upon written request of the owner or permittee, the
Building Official and/or his/her designated
representative may extend the period for completion
of construction for a period up to and not to exceed an additional 12 months. The written request must
demonstrate that (1) due to circumstances beyond the
owner's or permittee's control, construction could not
be completed in the required construction period; (2)
that reasonable progress has been made; (3) that the
condition of the property presents no health or safety
hazard; and (4) that the continued delay will not
create any unreasonable visual or physical detriment
to the neighborhood. Any additional extension must
be approved by the Community Development
Director.

Ordinance No. 1796 Page 13
13 I. A new Subsection 105.9 is hereby added to Section 105 to read in its entirety as follows.
105.9 Maintenance of property during
construction. During construction, all property shall
be maintained in a reasonably clean and well-kept
manner. All lumber and building materials shall be
neatly piled or stacked in a safe manner and stored in
the rear yard of the residential property or inside the building construction perimeter, except that building
materials may be stored in a front yard for a period
not to exceed thirty (30) days. A waiver of this
requirement may be obtained from the Building
Official or his/her designated representative if the
construction is screened from view from adjacent
occupied or public property with fencing materials
approved by city zoning and building regulations. Any
building that is left unsecured by the absence of doors or windows during construction shall secure those
openings or provide fencing to prevent unauthorized
entry.

J. A new Subsection 107.2.9 is hereby added to Section
107 to read in its entirety as follows:
107.2.9 Soil report. A Soil Report shall be submitted
with all permit applications for new construction and
additions. Soil Reports shall be prepared by a
professional engineer licensed by the State to prepare
such reports. The Building Official may waive this
requirement if he/she finds that the scope of work
applied for does not necessitate a soil report.

K. Subsection 107.3 is hereby amended to add a
second paragraph that reads as follows:

When submittal documents are required by Section
107.1, a plan review fee shall be paid at the time of
submitting the submittal documents for plan review.

Said plan review fees are separate fees from the
permit fees specified in Section 109.2 and are in
addition to the permit fees. Said plan review fee shall be as set forth in the City Council Fee Resolution.

L. Subsection 107.5 is hereby amended to add a
second paragraph that reads as follows:

Ordinance No. 1796 Page 14
14 The approved plans, permit application, inspection
card and other construction documents required by
the Building Official shall be imaged after the final
inspection and will be a permanent record in the City.

The applicant shall pay the cost of imaging at the time of permit.

M. Subsection 109.2 is hereby amended by adding a
sentence at the end to read as follows:

The fee for each permit shall be as set forth in the
City Council Fee Resolution unless otherwise
specified by the code.

N. Subsection 109.3 is hereby amended to add a second
paragraph that reads as follows:

The Building Official shall make the determination of
value or valuation under any provisions of this code.

The valuation shall be determined by using rational
methods established by the Building Official that
reasonably establish the construction value or the
contract price of the actual construction cost. The
value of work to be used in computing the Building
Permit and Building Plan Review fees shall be the
total value of all construction work for which the
permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other
permanent equipment.

O. Subsection 109.4 is hereby amended to add a second
paragraph that reads as follows:

An investigation fee, in addition to the permit fee. The investigation fee shall be equal to the amount of the
permit fee required by this code. The payment of
such investigation fee shall not exempt any person
from compliance with all other provisions of this code
nor from any penalty prescribed by law.

P. Subsection 109.6 is hereby amended to read in its
entirety as follows:

Ordinance No. 1796 Page 15
15 109.6 Refunds. The building official is authorized to establish a refund policy. The building official may
authorize refunding of any fee paid hereunder which
was erroneously paid or collected as provided below.

The building official may authorize refunding of not
more than 80 percent of the permit fee paid when no
work has been done under a permit issued in
accordance with this code.

The building official may authorize refunding of not
more than 80 percent of the plan review fee paid
when an application for a permit for which a plan
review has been paid is withdrawn or canceled before
any plan reviewing is done.

The building official shall not authorize refunding of
any fee paid except on written application filed by the original permittee not later than 180 days after the
date of payment.

Q. Subsection 109.7 is hereby added to Section 109 to
read in its entirety as follows:
109.7 Deposit. The Building Official may require a
deposit or bond from the applicant for a certain project or work in order to secure the request of final
inspection approvals from the applicant or the
repairing of damaged City properties during the period
of construction. The deposit money will be refunded
to the applicant when the final inspections are
approved or the damages are repaired to the
satisfaction of the City. The deposit amount shall not
be more than twice the permit fee.

R. Subsection 110.7 is hereby added to Section 110 to
read in its entirety as follows:
110.7 Re-inspections. A re-inspection fee may be
assessed for each inspection or re-inspection when
such portion of work for which an inspection is
requested is not complete or when previous
corrections are not corrected.

This subsection is not to be interpreted as requiring
re-inspection fees the first time a job is rejected for Ordinance No. 1796 Page 16
16 failure to comply with requirements of this Code, but as controlling the practice of calling for inspections
before the job is ready for such inspection or reinspection.

Re-inspection fees may be assessed when the
inspection record card is not posted or otherwise
made available on the work site, or when the
approved plans are not readily available to the
inspector, or for failure to provide access on the date for which inspection is requested.

To obtain a re-inspection, the applicant shall pay the
re-inspection fee as established by the City Council
Fee Resolution. In instances where re-inspection
fees have been assessed, no additional inspection of
work will be performed until the required re-inspection fees have been paid.

15.08.025 Chapter 2 amended — Definitions.

Chapter 2 of CBC is hereby amended as follows:

A. The definition of “Bedroom” is added to Section 202
to read as follows:

Bedroom. A room, space, or area used for sleeping.

A bedroom may also be determined by having a
privacy door, an emergency escape and rescue
opening, smoke alarms, a closet, location, minimum
ceiling height and floor areas, and design typically
found for bedrooms. Indicating on building plans other
designated uses does not permit the elimination of the
habitation and life safety measures the code
established for sleeping areas.

B. The definition of “Kitchen or Kitchenette” in Section 202 is hereby amended to read as follows:

Kitchen or Kitchenette. A room, space, or area for the
preparation and cooking of food. The installation of
equipment, appliances, kitchen sink, garbage disposal,
240-volt outlets, gas piping, refrigerator, dedicated
20amp outlets, exhaust hood, counters, under or over
counter cabinetry. Singly or a combination of any may
be used to identify a kitchen use.

Ordinance No. 1796 Page 17
17 C. The Definition of Spark Arrester in Section 202 is hereby amended to read as follows:

SPARK ARRESTER. A listed device constructed of
noncombustible material specifically for the purpose
of preventing embers from the burning of solid fuel
from leaving the flue. All fireplaces that burn solid fuel in accordance with California Building Code Chapter
28 shall be provided a spark arrester. (note: no new
fireplaces burning solid fuel are permitted)
D. The Definition of “Swimming Pool” in Section 202 is
hereby amended to read as follows:

SWIMMING POOL. Any structure intended for
swimming, recreational bathing or wading that
contains water over 18 inches deep. This includes inground, above-ground and on-ground pools; hot tubs; spas and fixed-in-place wading pools.

15.08.030 Chapter 4 amended — Special Detailed
Requirements Based on Use and Occupancy.

Chapter 4 of CBC is hereby amended as follows:

A. Subsection 406.2.4 Floor Surfaces. is hereby
amended by restating the second sentence as
follows, and by deleting exception #1:

The area of floor used for the 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. A drainage system equipped
with a trench drain or floor drains leading to an
approved oil separator discharging to sewers in
accordance with the California Plumbing Code except
garages of R-3 occupancies.

15.08.040 Chapter 9 amended — Fire Protection
Systems.

Chapter 9 of CBC is hereby amended as follows:

Ordinance No. 1796 Page 18
18 Subsection 901.2 Fire protection systems is hereby
amended by adding:

Technical changes to this chapter are found in the
amendments to the California Fire Code as amended
including the referenced standards.

Subsection 903.2 is hereby amended to read in its entirety as follows:
903.2 Where required. Approved automatic sprinkler
systems in buildings and structures shall be provided in the locations described in this section and in Section 903.2 of the California Fire Code as amended by the City of San
Clemente when one of the following conditions exists:

1. New buildings: In addition to the requirements of
section 903.2.1 through 903.2.21, approved
automatic sprinkler systems in new buildings,
structures and change of use shall be provided as
follows (Exception: Group R Detached one- twofamily dwellings and townhouses as required by section 903.2.8):
i) Throughout all Groups A, C, I, E, H and L
Occupancies
ii) Throughout all Group B, F, M, and S
Occupancies exceeding 1,000 square feet
iii) Throughout all Group U-1 Occupancies
exceeding 6,000 square feet
For the purposes of this section, fire walls shall not
define separate buildings.

2. Alteration: When the floor area of the Alteration
within any two-year period exceeds 75% of area of
the existing structure and the alteration includes
structural modifications other than seismic upgrade.

3. Addition: Sprinkler protection shall be provided
throughout the entire building when:

1. Existing unsprinklered building less than
5,000 ft2: where 20% or more is added and
the gross floor areas exceed 5,000 square
feet.

Ordinance No. 1796 Page 19
19 2. Existing unsprinklered building equal or
greater than 5,000 ft2: where more than
1,000 ft2 is added.

3. Fire sprinklers shall be provided in additions
to an existing building that has fire
sprinklers installed.

4. Change of use when required by that
use.

Subsection 903.2.8 is hereby amended to read in its
entirety as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Subsection 903.3 of Section 903 of this code and Subsection 903.3 of Section 903 of the California Fire Code as amended by the City of San Clemente shall be provided throughout all buildings with a Group R fire area as follows:

1. All new Group R occupancies, including the
attached garages

2. All existing Group R occupancies and U garages
when the total floor area is increase by 50% of
the existing area over a 2-year period

3. All existing Group R occupancies and U garages
when the total area is increased by 750 square
feet or more over a 2-year period

4. All existing Group R occupancies and U garages
when an additional story is added to the
structure regardless of the area involved

5. An automatic sprinkler system shall be installed
throughout any existing Group R Occupancy
building when the floor area of the Alteration or
Combination of an Addition and Alteration, within
any two year period, is 50% or more of area of
the existing structure and where the scope of the
work exposes building framing and facilitates
sprinkler installation and is such that the
Building/Fire Code Official determines that the
complexity of installing a sprinkler system would
be similar as in a new building.

6. Any addition to existing building that has fire
sprinklers installed.

When not used in for an increase in height or area, an
automatic sprinkler system installed in accordance
Ordinance No. 1796 Page 20
20 with Section 903.3.1.2 shall be allowed in Group R2.1 occupancies.

15.08.050 Chapter 15 amended — Roof Assemblies and
Rooftop Structures.

Chapter 15 of CBC is hereby amended as follows:

A. Subsection 1502.4 is hereby added by adding a
paragraph to read as follows:

Water that accumulates on a roof shall be effectively
drained and conveyed from the roof to a storm drain,
street gutter, or other locations approved by the
Building Official. Such water shall be conveyed
through gutters, leaders, associated piping or other
non-erodible surface drainage devices as approved
by the Building Official. For any minor or small roofs, the Building Official may exempt this requirement.

B. Table 1505.1 in Subsection 1505.1 is hereby
amended to read as follows:

TABLE 1505.1a

MINIMUM ROOF COVERING CLASSIFICATION

FOR TYPES OF CONSTRUCTION

IA IB IIA IIB IIIA IIIB IV VA VB

A A A A A A A A A
C. Subsections 1505.1.1, 1505.1.2, are hereby deleted
and replaced with a new Subsection 1505.1.1 to read
in its entirety as follows:
1505.1.1 Roof Coverings. The roof covering or
roofing assembly on any new structure regulated by
this code shall be Class A fire retardant roof minimum
as classified in CBC Section 1505.2. Noncombustible roof covering may be applied in accordance with the manufacturer’s requirements in
lieu of a fire retardant roofing assembly. Wood
roofing materials are prohibited unless pressure
treated and approved for fire retardant of Class A
minimum. For existing structure when ten percent
(10%) or more of the total roof area is re-roofed within Ordinance No. 1796 Page 21
21 any one-year period, shall have a Class A fire
retardant roof covering for entire roof area. For
existing structure when less than ten percent (10%) of
the total roof area is re-roofed within any one-year
period, shall have a fire retardant roof covering class equal to or greater than the existing roof covering and not less than Class B.

15.08.060 Chapter 18 amended — Soils and Foundations.

Chapter 18 of CBC is hereby amended as follows:

Subsection 1807.1.6 is hereby amended to read in its
entirety as follows:
1807.1.6 Prescriptive design of concrete and
masonry foundation walls. Concrete and masonry
foundation walls that are laterally supported at the top and bottom shall be permitted to be designed and
constructed in accordance with this section.

Prescriptive design of foundation walls shall not be
used for structures assigned to Seismic Design
Category D, except for detached garages, sheds,
detached decks, and additions 200 sq. ft. or less.

Structures within 7 feet of a descending slope may be
required to have engineered foundation systems.

15.08.070 Chapter 31 amended—Special Construction.

Section 3109 Swimming Pools, Spas and Hot Tubs is hereby amended as follows:
3109.2 California swimming pool safety act
(statewide) is amended as follows:
115921 (c) “Enclosure” is amended to read as
follows:
(c) “Enclosure" means a fence, wall, or other barrier
that isolates a pool from access to the home and
access from adjacent properties and public ways.
115922 (a) is amended to read as follows: With the
exception of item #1, Items #2 through #7 of
115922(a) are unamended.

Ordinance No. 1796 Page 22
22 (a) Except as provided in Section 115925, when a
building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing
swimming pool or spa at a private single -family home
all pools shall be enclosed by an enclosure that meets
the provisions of 115923 and in addition a second
drowning prevention safety feature shall be added.

When the dwelling is a part of the enclosure two
additional safety features from the items # 2
through#7, inclusive, shall be installed.
115922 (1) is amended to read as follows:
(1) An enclosure that meets the requirements of
Section 115923 and isolates the swimming pool or
spa from the private single-family home and access
from adjacent properties and public ways.
115923 (e) is amended by adding to the end: “Where
the barrier is composed of vertical and horizontal
members the maximum distance between the vertical
members shall be 4 inches. The minimum distance
between horizontal members shall be 45 inches to
prevent a climbable condition. Decorative
embellishments shall not cause a climbable condition
and are limited to ¾ inch projection or 60 degree
slope.”
115928 is amended by adding: (d) Sound
Attenuation, to read as follows:
(d) Filters, heating systems, and pumps installed to
serve pool, spa, hot tub, waterfall or any body of
water, shall be enclosed and soundproofed. An
acoustical report prepared by a licensed or approved
acoustical professional can be used to substitute for
sound wall enclosures as long as the report
demonstrates the compliance of the requirements
specified in Chapter 8.48 of the San Clemente
Municipal Code.

15.08.100 - Construction of Off-Street Parking Lots.

A) Paving. All off-street parking lots shall be paved
according to the City specifications, with an all-weather surface of asphalt or concrete paving.

Ordinance No. 1796 Page 23
23 B) Preparation of Specifications. The City Engineer shall review such specifications for use by the owner or builder of such off-street parking space.

C) Permit Required. No off-street parking lot may be
constructed without there being issued a permit by the City Engineer or exempted by the City Engineer.

D) Application for Construction Permit. Application for such permit shall be accompanied by a plot plan showing the size of the proposed parking lot, method of ingress and egress, layout of stalls, bumper guard locations and such other pertinent facts as may be required by the City
Engineer. The Building Official shall ensure ADA elements and Green Building Standards are met.

Section 6. Chapter 15.11. Chapter 15.11 of the San Clemente Municipal Code “Energy Code” is hereby amended to read as follows:

Chapter 15.11 ENERGY CODE

15.11.010 Energy Code Adopted – Where filed.

The 2025 California Energy Code and its provisions relating to the use of all forms of energy and the conservation thereof is hereby adopted and a copy held for public review in the Building Division.

Section 7. Chapter 15.12. Chapter 15.12 of the San Clemente Municipal Code “Electrical Code” is hereby amended to read as follows:

Chapter 15.12 ELECTRICAL CODE

15.12.010 Electrical Code Adopted – Where filed.

15.12.020 Amendments, additions and deletions.

15.12.010 Electrical Code Adopted – Where filed.

The City Council of the City of San Clemente hereby
adopts by reference California Code of Regulations
Title 24, Part 3, known and designated as the
California Electrical Code, 2025 Edition based on the
Ordinance No. 1796 Page 24
24 National Electrical Code (NEC), 2023 Edition, as
published by the National Fire Protection Association
with the modifications set forth below for the purpose
of prescribing regulations for the installation,
arrangement, alteration, repairing, replacement,
remodeling, or use and other operation of electrical
wiring, connections, fixtures and other electrical
appliances on premises within the City. The
provisions of this code shall constitute the electrical code regulations of the City. The California Electrical Code is on file for public examination in the City’s
Building Division office.

15.12.020 Amendments, additions and deletions.

A. A new Section 90.0 of Article 90 of the California
Electrical Code is hereby added to read in its entirety as follows:

90.0 Administration and Fees.

Administrative provisions contained in Division II of
Chapter 1 of the California Building Code and
California Residential Code, as amended by the City
of San Clemente, shall apply to the California
Electrical Code, as adopted and amended by the City
of San Clemente.

B. A new Subdivision (L) is hereby added to Section
300.5 of Article 300 of Chapter 3 of the California
Electrical Code to read in its entirety as follows:
(L) Underground utilities required. Overhead
wiring shall not be installed outside on private
property. The building official, as a condition
precedent to the issuance of a building permit, shall
require all utility services located within any lot to be installed underground if:
(a) The property is to be developed with a new or
relocated main building
For purposes of this section, “main building” shall
mean a building in which is conducted the principal
use of the lot or building site on which such building is located.

Ordinance No. 1796 Page 25
25 The owner or developer of the property shall be
responsible for complying with the requirements of
this section and shall provide all the necessary
facilities on the property to receive such services from the supplying utilities. If the building official
determines that application of this requirement causes
extraordinary hardship, the building official may
modify or delay the imposition of the undergrounding
requirement upon approval of property owner’s
application therefore. If the building official
determines to delay the installation of the
requirement, he may require a recorded agreement
guaranteeing the future performance of the work,
together with adequate performance security in the
form of a cash, surety bond, or letter of credit.

For purposes of this section, appurtenances and
associated equipment, such as, but not limited to,
surface-mounted transformers, pedestal-mounted
terminal boxes and meter cabinets, and concealed
ducts in an underground system may be placed
above ground.

Section 8. Chapter 15.13. Chapter 15.13 of the San Clemente Municipal Code “Wildland- Urban Interface Code” is hereby amended to read as follows:

Chapter 15.13 WILDLAND- URBAN INTERFACE CODE

15.13.010 Wildland-Urban Interface Code Adopted – Where filed.

15.13.020 Amendments, additions and deletions

15.13.010 Wildland-Urban Interface Code Adopted –
Where filed.

The City Council of the City of San Clemente hereby adopts by reference California Code of Regulations Title 24, Part 7, known and designated as the Wildlife-Urban Interface Code, 2025 Edition based on the International Wildlife-Urban
Interface Code, 2024 Edition, as published by the
International Code Council with the modifications set forth below for the purpose of prescribing regulations for fire spread, accessibility, defensible space, water supply on Ordinance No. 1796 Page 26
26 premises constructed near wildland areas within the City.

The provisions of this code shall constitute the WildlandUrban Interface code regulations of the City. The California Wildland-Urban Interface Code is on file for public
examination in the City’s Building Division office.

15.13.020 Amendments, additions and deletions.

Section 501.1 is amended by deleting exceptions 1 and 2 Section 602.4 is amended by adding the following:
602.4 fuel modification plans. Fuel modification plans shall be reviewed and approved by OCFA for all new buildings to be built or installed in a wildfire risk area. Plans shall meet the criteria set forth in OCFA Guideline C-05 “Vegetation Management Guideline-Technical Design for New
Construction Fuel Modification Plans and Maintenance
Program.”
Appendices
Appendix A is not adopted
Appendix B is not adopted
Appendix C is not adopted
Appendix D is not adopted
Appendix E is deleted in its entirety
Appendix F is adopted in its entirety as amended by the SFM
Appendix G is adopted in its entirety as amended by the SFM
Appendix H is not adopted
Appendix I is not adopted
Section 9. Chapter 15.14. Chapter 15.14 of the San Clemente Municipal Code, “Green Building Standards Code” is hereby amended to read as follows:

Chapter 15.14 GREEN BUILDING STANDARDS CODE

15.14.010 Green Building Standards Code Adopted –
Where filed.

The 2025 California Green Building Standards Code and its provisions relating to the sustainability of construction Ordinance No. 1796 Page 27
27 resources and the conservation thereof is hereby adopted and a copy held for public review in the Building Division.

Section 10. Chapter 15.16. Chapter 15.16 of the San Clemente Municipal Code, “Mechanical Code” is hereby amended to read as follows:

Chapter 15.16 MECHANICAL CODE

15.16.010 Mechanical Code Adopted – Where filed.

15.16.020 Amendments, additions and deletions

15.16.010 Mechanical Code Adopted – Where filed.

The City Council of the City of San Clemente hereby adopts by reference California Code of Regulations Title 24, Part 4, known and designated as the California Mechanical Code, 2025 Edition based on the 2024 Uniform Mechanical Code
as published by the International Association of Plumbing and Mechanical Officials with the modifications set forth below for the purpose of prescribing regulations for the design, construction, installation, quality of materials, location, operation and maintenance or use of heating,
ventilating, cooling, refrigeration systems, incinerators and other heat-producing appliances in the City. The provisions of this code shall constitute the mechanical code regulations of the City. The California Mechanical Code is on file for public examination in the City’s Building Division office.

15.16.020 Amendments, additions and deletions.

A. Sections 104.4.3,104.4.4, and 104.5 of Division II of Chapter 1 of the California Mechanical Code are
hereby deleted and replaced by the following:
104.5 Administration and Fees. Administrative and
fee provisions contained in Division II of Chapter 1 of the California Building Code and California
Residential Code, as amended by the City of San
Clemente, shall apply to the California Mechanical
Code, as adopted and amended by the City of San
Clemente.

Ordinance No. 1796 Page 28
28 B. The first paragraph of Subsection 504.3 of the Section 504 of the California Mechanical Code is hereby
amended to read as follows:
504.3 Domestic Range Hoods and Vents. Kitchen
range hoods shall be installed for cooking facilities
with an approved forced-draft system of ventilation
vented to the outside of the building. Ducts used for
domestic kitchen range ventilation shall be of metal,
or other approved material, and shall have smooth
interior surfaces. Ducts for domestic range hoods
shall only serve cooking appliances. (Balance of the
subsection to remain unchanged.)
C. Subsection 1308.4 of Section 1308 of California
Mechanical Code is hereby amended by adding the
following sentences to the end of the paragraph:

Approved PE pipe and fittings shall be used in
exterior buried gas piping systems. Ferrous gas
piping is not permitted to be installed underground
unless a soils analysis is provided to show that soil
conditions will not be damaging to the piping material.

Section 11. Chapter 15.17. Chapter 15.17 of the San Clemente Municipal Code is hereby amended to read as follows:

Chapter 15.17 HISTORICAL BUILDING CODE

15.17.010 Historical Building Code Adopted – Where
filed.

The 2025 California Historical Building Code and its
provisions relating to historic buildings and structures to preserve historic and cultural buildings is hereby adopted and a copy held for public review in the Building Division.

Section 12. Chapter 15.18. of the San Clemente Municipal Code “Referenced Standards Code” is hereby amended to read as follows:

Chapter 15.18 REFERENCED STANDARDS CODE
Ordinance No. 1796 Page 29
29 15.18.010 Referenced Standards Code Adopted – Where
filed.

The 2025 California Referenced Standards Code and its
provisions relating to the use of various materials in
construction is hereby adopted and a copy held for public review in the Building Division.

Section 13. Chapter 15.19. Chapter 15.19 of the San Clemente Municipal Code “Electric Vehicle Charging Systems Expedited, Streamlined Permitting Process” remains the same. No changes.

Section 14. Chapter 15.20. Chapter 15.20 of the San Clemente Municipal Code “Plumbing Code,” is hereby amended to read as follows:

Chapter 15.20 PLUMBING CODE

15.20.010 Plumbing Code Adopted – Where filed.

15.20.020 Amendments, additions and deletions

15.20.010 Plumbing Code Adopted – Where filed.

The City Council of the City of San Clemente hereby adopts by reference California Code of Regulations Title 24, Part 5, known and designated as the California Plumbing Code,
2025 Edition based on the 2024 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials with the modifications set forth below for the purpose of prescribing regulations for the design, quality of materials, erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of plumbing systems in the City including Appendices A, B, C, D, and I. The provisions of this code shall constitute the plumbing code regulations of the City. The California
Plumbing Code is on file for public examination in the City’s Building Division office.

15.20.020 Amendments, additions and deletion.

A. Sections 104.4 and 104.5 of Division II of Chapter 1 of the California Plumbing Code are hereby deleted and
replaced by the following:

Ordinance No. 1796 Page 30
30 104.4 Administration and Fees. Administrative
provisions contained in Division II of Chapter 1 of the California Building Code and California Residential
Code, as amended by the City of San Clemente, shall
apply to the California Plumbing Code, adopted and
amended by the City of San Clemente.

B. Subsection 604.1 of Section 604.0 of the California
Plumbing Code is hereby amended by adding a
sentence to end of the third paragraph to read as
follows:

Ferrous materials are prohibited for water pipe and
fittings when installed in the ground unless a soils
analysis is provided to show that soil conditions will
not be damaging to the piping material. (Balance of
the section to remain unchanged)
C. Subsection 604.2 of Section 604.0 of the California
Plumbing Code is hereby amended to read in its
entirety as follows:
604.3 Copper tube for water piping shall have a
weight of not less than Type K.

Exceptions:

1. Type L copper tubing may be used for water
piping when piping is underground and not within
the footprint of the building foundation.

2. Type M copper tubing may be used for water
piping when piping is aboveground in, or on, a
building.

D. Item no. (2) in Subsection 609.3 of Section 609.0 of the California Plumbing Code is hereby amended to
read in its entirety as follows:
(2) Copper water piping installed under concrete floor
slabs within a building or structure shall be
copper tube Type “K” and shall be installed
without joints where possible. Where joints are
permitted, they shall be brazed and fitting shall
be wrought copper. Such copper tubing shall be
placed in a sand bed a minimum of three inches
(3”) in depth, and properly protected penetrates
concrete and similar materials.

Ordinance No. 1796 Page 31
31 (Balance of the section to remain unchanged)
E. Subsection 610.8 of Section 610.0 of the California
Plumbing Code is hereby amended by deleting the
last paragraph and replacing it with the following:

No building supply pipe shall be less than one inch
(1”) in diameter unless a design or calculations are
submitted and approved by Administrative Authority.

Each main building shall have a minimum of two
three-quarter-inch (3/4”) hose bibs; one located
readily accessible to the front yard and one to the
back yard.

F. Item no. (7) is hereby added to Section 701.2 of the California Plumbing Code to read as follows:
(7) Cast iron shall not be used for drainage and waste
piping when installed in the ground unless a soils
analysis is provided to show that soil conditions
will not be damaging to the piping material.

G. Subsection 1208.5 of Section 1208 of California
Plumbing Code is hereby amended by adding the
following sentences to the end of the paragraph:

Approved PE pipe and fittings shall be used in
exterior buried gas piping systems. Ferrous gas
piping is not permitted to be installed underground
unless a soils analysis is provided to show that soil
conditions will not be damaging to the piping material.

Section 15. Chapter 15.22. Chapter 15.22 of the San Clemente Municipal Code “Residential Code” is hereby amended to read as follows:

Chapter 15.22 RESIDENTIAL CODE

15.22.010 Residential Code Adopted – Where filed.

15.22.020 Division II of Chapter 1 amended —
Administration.

15.22.025 Reserved.

15.22.030 Chapter 3 amended — Building Planning.

15.22.040 Chapter 4 amended — Foundations.

15.22.050 Chapter 6 amended — Wall Construction.

15.22.060 Chapter 9 amended — Roof Assemblies.

Ordinance No. 1796 Page 32
32 15.22.070 Chapter 44 amended — Referenced Standards
(NFPA 13, NFPA 13R, NFPA 13D).

15.22.010 Residential Code Adopted – Where filed.

For the purpose of prescribing regulations for erection, construction, enlargement, alteration, replacement, repair, improvement, removal, movement, conversion, demolition, use and occupancy, equipment, height, location,
maintenance, and areas of detached one–and two-family
residential dwellings, townhomes and structures accessory thereto in the City, subject to the modifications set forth in this Chapter, the City Council of the City of San Clemente hereby adopts by reference California Code of Regulations Title 24, Part 2.5, known and designated as the California Residential Code (CRC), 2025 Edition, based on the 2024 International Residential Code as published by the
International Code Council including Appendix H. A copy of this code is on file for public examination in the City’s Building Division office.

15.22.020 Division II of Chapter 1 amended — Administration.

Division II of Chapter 1 of CRC is hereby amended as follows:

A. Subsection R101.1 is hereby amended to read in its
entirety as follows:

R101.1 Title. These regulations shall be known as
the California Residential Code, and may be cited as
such and will be referred to herein as “this code”.

B. Subsection R101.2 is hereby amended by adding a
second paragraph to read as follows:

The provisions of this code shall apply to and affect all of the territory of the City of San Clemente, except
work located primarily in a public way, public utility
towers and poles, mechanical equipment not
specifically regulated in these codes, hydraulic flood
control structures, facilities for the production,
generation, storage or transmission of water or
electrical energy by a local agency, and except as
exempted by these codes.

Ordinance No. 1796 Page 33
33 C. Subsection R105.2 is hereby amended by deleting
items 1 through 10 under the heading “Building” and
replacing them with the following:

Building:

1. One-story detached accessory buildings and
structures used as tool and storage sheds,
playhouses and similar uses and structures such
as portable shade cloth structures, provided the
floor area does not exceed 120 square feet or a
wall height of 8 feet. Such structures must comply
with the setback and height requirements of the
City Zoning Ordinance and the Fire Code.

2. Fences other than swimming pool barriers not
over 6 feet high. Masonry fences under 42 inches
in height above finish grade.

3. Oil derricks.

4. Retaining walls that are not over 4 feet in height
measured from the bottom of footing to the top of
wall unless supporting a surcharge, impounding
Class I, II or IIIA liquids, or if on a slope less than 1 in 3. Retaining walls on slopes greater than 1 in 3
are required to be reviewed by engineering and
planning divisions.

5. Water tanks supported directly on grade if the
capacity does not exceed 5,000 gallons and the
ratio of height to diameter or width does not
exceed 2:1 and not on or within 7 feet of a
descending slope.

6. Detached decks, platforms or similar structures
not exceeding 200 square feet in area, walkways,
sidewalks and driveways that are not more than
30 inches (762mm) above adjacent grade, and not
over any basement or story below, and are not
part of a required exit means of egress, and are
not part of an accessible route.

7. Painting, papering, tiling (except shower
enclosures), carpeting, cabinets, counter tops and
Ordinance No. 1796 Page 34
34 similar finish work that does not involve electrical, mechanical or plumbing work.

8. Temporary motion picture, television and theater
stage sets and scenery when approved by special
use permit.

9. Prefabricated swimming pools accessory to a
Group R-3 occupancy that are less than 18 inches
deep, do not exceed 5,000 gallons and are
installed entirely above ground.

10. Shade cloth structures constructed for nursery or
agricultural purposes, not including service
systems that meet zoning requirements.

11. Swings and other playground equipment
accessory to detached one- and two-family
dwellings.

12. Window awnings supported by an exterior wall
that do not project more than 54 inches from the
exterior wall and do not require additional support
of Group R-3 and U occupancies.

13. Non-fixed and movable fixtures, cases, racks,
counters and partitions not over 5 feet 9 inches in
height.

14. Ground mounted Radio and television antenna,
and flagpoles not higher than the setback from the
property line and not more than 20 feet (20) feet in
height measured from grade. Small dish receivers
mounted on Residential uses.

Unless otherwise exempted, separate plumbing,
electrical and mechanical permits will be required for
the above-exempted items.

D. Subsection R105.3.2 is hereby amended to read in its entirety as follows:

R105.3.2 Time limitation of application. An
application for a permit for any proposed work shall
be deemed to have been abandoned 360 days after
the date of filing, unless such application has been
Ordinance No. 1796 Page 35
35 pursued in good faith or permit has been issued;
except that the building official is authorized to grant one or more extensions of time for additional periods
not exceeding 90 days each. The extension shall be
requested in writing and justifiable cause
demonstrated. The total period of application
extensions granted shall not exceed an additional 18
months. In order to renew action on an application
after expiration, the applicant shall resubmit plans and pay a new plan check fee.

E. Subsection R105.5 is hereby amended to read in its
entirety as follows:

R105.5 Expiration. Every permit issued shall
become invalid unless the work on the site authorized
by such permit is commenced within 12 months after
its issuance, or if the work authorized on the site by
such permit is suspended or abandoned for a period
of 180 days after the time the work commenced.

Any permittee holding an unexpired permit may apply
for an extension of the time within which work may
commence under that permit when the permittee is
unable to commence work within the time required.

The extension shall be requested in writing prior to
the permit expiring and show justifiable cause
demonstrating that circumstances beyond the control
of the permittee have prevented action from being
taken. Pursuant to this paragraph, the Building
Official or his/her designee is authorized to grant, in writing, one or more extensions of time, for a period
not more than 180 days. The completion of
construction shall not extend beyond the timeframes
mandated in Section R105.10 of this code even with
such extension.

Before such work can be recommenced after a permit
expires, a new permit shall first be obtained, and a fee therefore shall be one half the amount required for a
new permit for such work, provided no changes have
been made or will be made in the original plans and
specifications for such work, and provided further that such suspension or abandonment has not exceeded
one year. In order to renew action on a permit after
Ordinance No. 1796 Page 36
36 this one-year time period, the permittee shall pay a new full permit fee.

F. A new Subsection R105.10 is hereby added to
Section R105 to read in its entirety as follows.

R105.10 Completion of construction.

Notwithstanding subsection 105.5 above, all
construction shall be completed by the owner, owner's
agent, or the permittee and approved by the City
within 12 months.

Upon written request of the owner or permittee, the
Building Official and/or his/her designated
representative may extend the period for completion
of construction for a period up to and not to exceed an additional 12 months. The written request must
demonstrate that (1) due to circumstances beyond the
owner's or permittee's control, construction could not
be completed in the required construction period; (2)
that reasonable progress has been made; (3) that the
condition of the property presents no health or safety
hazard; and (4) that the continued delay will not
create any unreasonable visual or physical detriment
to the neighborhood. Any additional extension must
be approved by the Community Development
Director.

G. A new Subsection R105.11 is hereby added to
Section R105 to read in its entirety as follows.

R105.11 Maintenance of property during
construction. During construction, all property shall
be maintained in a reasonably clean and well-kept
manner. All lumber and building materials shall be
neatly piled or stacked in a safe manner and stored in
the rear yard of the residential property or inside the building construction perimeter, except that building
materials may be stored in a front yard for a period
not to exceed thirty (30) days. A waiver of this
requirement may be obtained from the Building
Official or his/her designated representative if the
construction is screened from view from adjacent
occupied or public property with fencing materials
approved by city zoning and building regulations. Any
building that is left unsecured by the absence of doors Ordinance No. 1796 Page 37
37 or windows during construction shall secure those
openings or provide fencing to prevent unauthorized
entry.

H. A new Subsection R106.1.7 is hereby added to
Section R106 to read in its entirety as follows:

R106.1.7 Soil report. A Soil Report shall be
submitted with all permit applications for new
construction and additions. Soil Reports shall be
prepared by a professional engineer licensed by the
State to prepare such reports. The Building Official
may waive this requirement if he/she finds that the
scope of work applied for does not necessitate a soil
report.

I. Subsection R106.3 is hereby amended to add a
second paragraph that reads as follows:

When submittal documents are required by Section
R106.1, a plan review fee shall be paid at the time of
submitting the submittal documents for plan review.

Said plan review fees are separate fees from the
permit fees specified in Section R108 and are in
addition to the permit fees. Said plan review fee shall be as set forth in the City Council Fee Resolution.

J. Subsection R106.5 is hereby amended to add a
second paragraph that reads as follows:

The approved plans, permit application, inspection
card and other construction documents required by
the Building Official shall be imaged after the final
inspection and will be a permanent record in the City.

The applicant shall pay the cost of imaging at the time of permit.

K. Subsection R108.2 is hereby amended by adding a
sentence at the end to read as follows:

The fee for each permit shall be as set forth in the
City Council Fee Resolution unless otherwise
specified by the code.

Ordinance No. 1796 Page 38
38 L. Subsection R108.3 is hereby amended to add a
second paragraph that reads as follows:

The Building Official shall make the determination of
value or valuation under any provisions of this code.

The valuation shall be determined by using rational
methods established by the Building Official that
reasonably establish the construction value or the
contract price of the actual construction cost. The
value of work to be used in computing the Building
Permit and Building Plan Review fees shall be the
total value of all construction work for which the
permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other
permanent equipment.

M. Subsection R108.5 is hereby amended to read in its
entirety as follows:

R108.5 Refunds. The building official is authorized to
establish a refund policy. The building official may
authorize refunding of any fee paid hereunder which
was erroneously paid or collected as provided below.

The building official may authorize refunding of not
more than 80 percent of the permit fee paid when no
work has been done under a permit issued in
accordance with this code.

The building official may authorize refunding of not
more than 80 percent of the plan review fee paid
when an application for a permit for which a plan
review has been paid is withdrawn or canceled before
any plan reviewing is done.

The building official shall not authorize refunding of
any fee paid except on written application filed by the original permittee not later than 180 days after the
date of payment.

N. Subsection R108.6 is hereby amended to add a
second paragraph that reads as follows:

An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or
Ordinance No. 1796 Page 39
39 subsequently issued. The investigation fee shall be
equal to the amount of the permit fee required by this
code. The payment of such investigation fee shall not
exempt any person from compliance with all other
provisions of this code nor from any penalty
prescribed by law.

O. A new Subsection R108.7 is hereby added to Section
R108 to read in its entirety as follows:

R108.7 Deposit. The Building Official may require a
deposit from the applicant for a certain project or work in order to secure the request of final inspection
approvals from the applicant or the repairing of
damaged City properties during the period of
construction. The deposit money will be refunded to
the applicant when the final inspections are approved
or the damages are repaired to the satisfaction of the
City. The deposit amount shall not be more than
twice the permit fee.

P. A new Subsection R109.5 is hereby added to Section
R109 to read in its entirety as follows:

R109.5 Re-inspections. A re-inspection fee may be
assessed for each inspection or re-inspection when
such portion of work for which an inspection is
requested is not complete or when previous
corrections are not corrected.

This subsection is not to be interpreted as requiring
re-inspection fees the first time a job is rejected for failure to comply with requirements of this Code, but
as controlling the practice of calling for inspections
before the job is ready for such inspection or reinspection.

Re-inspection fees may be assessed when the
inspection record card is not posted or otherwise
made available on the work site, or when the
approved plans are not readily available to the
inspector, or for failure to provide access on the date for which inspection is requested.

To obtain a re-inspection, the applicant shall pay the
re-inspection fee as established by the City Council
Ordinance No. 1796 Page 40
40 Fee Resolution. In instances where re-inspection
fees have been assessed, no additional inspection of
work will be performed until the required re-inspection fees have been paid.

15.22.030 Chapter 3 amended — Building Planning.

Chapter 3 of CRC is hereby amended as follows:

A. Table R301.2(1) in Section R301 is hereby amended
to read in its entirety as follows:

For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Where weathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost line depth strength required for weathering shall govern. The weathering column shall be filled in with the weathering index, “negligible,” “moderate” or “severe” for concrete as determined from Figure R301.2(1). The grade of masonry units shall be determined GROUND
SNOW
LOAD°

WIND DESIGN

SEISMIC
DESIGN
CATAGORYf

SUBJECT TO DAMAGE FROM
ICE

BARRIER
UNDERLAYMENT
REQUIREDh
FLOOD
HAZARDSg AIR

FREEZING
INDEXi
MEAN
ANNUAL
TEMP Speed j d
(mph)
Topographic
effectsk
Special
Wind
Regionl
Windborne
debris
zonem
Weatheringa
Frost
line
Depthb
Termitec
0 95 none no no D1 od D2 negligible 12 very no footnote 0 60 MANUAL J DESIGN CRITERIAn
Elevation
Altitude
correction
factore

Coincident
wet bulb
Indoor winter
design
relative
humidity
Indoor winter design dry-bulb
temperature
Outdoor winter design
dry-bulb temperature
Heating temperature
difference
208 1 68 45 70 37 33
Latitude
Daily
range Summer
design
gains
Indoor
summer
design
relative
humidity
Indoor summer design dry-bulb
temperature
Outdoor summer design
dry-bulb temperature
Cooling temperature
difference
33 12 13 50- 75 87 12
Ordinance No. 1796 Page 41
41 from ASTM C34, ASTM C55, ASTM C62, ASTM C73, ASTM C90, ASTM C129, ASTM C145, ASTM C216 or ASTM C652.
b. Where the frost line depth requires deeper footings than indicated in Figure R403.1(1), the frost line depth strength required for weathering shall govern. The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage.
d. The jurisdiction shall fill in this part of the table with the wind speed from the ultimate design wind speeds map [Figure R301.2(2)]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4. e. The jurisdiction shall fill in this section of the table to establish the design criteria using Table 10A from ACCA Manual J or established criteria determined by the jurisdiction.
f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with: the date of the jurisdiction’s entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas); and the title and date of the currently effective Flood Insurance Study or other flood hazard study and maps adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall fill in this part of the table with “NO.” i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value on the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F).”
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F).”
k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall indicate “NO” in this part of the table. l. In accordance with Figure R301.2(2), where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table.

Ordinance No. 1796 Page 42
42 m. In accordance with Section R301.2.1.2 the jurisdiction shall indicate the windborne debris wind zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction.
o. The jurisdiction shall fill in this section of the allowable stress design table using the Ground Snow Loads in Figure R301.2(3).

FEMA - National Flood Insurance Program (NFIP)
Community
Name
Community
Number
FIRM Panel
Number
Initial NFIP
Map Date Initial FIRM Date Most Recent FIRM Panel
San Clemente 060230
06059C0507J
06059C0508K
06059C0509K
06059C0517K
06059C0526J
06059C0527J
06059C0528J
06059C0529J
06059C0536K
06059C0537J
06059C0538K
06059C0539J
06/14/1974 12/04/1979 03/21/2019
FEMA—Federal Emergency Management Agency
NFIP—National Flood Insurance Program
FIRM—Flood Insurance Rate Map
Also see—San Clemente Municipal Code Chapter 15.76—Flood Damage Prevention
p. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99%) value on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 32°)" at www.ncdc.noaa.gov/fpsf.html.
q. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing IndexUSA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html.

Ordinance No. 1796 Page 43
43 B. A new Subsection R301.9 is hereby added to Section R301 to read in its entirety as follows:

R301.9 Fuel Modification Requirements for New
Construction. All new structures and facilities
adjoining land containing hazardous combustible
vegetation shall be approved using guidance from the
OCFA Guideline C-05 “Vegetation Management
Guideline – Technical Design for new Construction
Fuel Modification Plans and Maintenance Program.”
C. Table R302.1(2) in Section R302 is hereby amended
by deleting footnote “a” (balance of the Table to
remain unchanged).

D. Subsection R309.1 is hereby amended to read in its
entirety as follows:

R309.1 Townhouse automatic fire sprinklers
systems. An automatic fire sprinkler system designed
and installed per Section R313.3 shall be provided in
Townhouses per Section R313.1.1 and R313.1.2.

R309.1.1 New buildings: An automatic sprinkler
system shall be installed throughout all new
townhouse buildings, including the attached garages.

R309.1.2 Existing buildings: An automatic sprinkler
system shall be installed throughout existing buildings and their additions, including the attached garages,
when any of the following conditions exist:

1. The total floor area increases by 50% of the
existing area over a two-year period; or

2. The total area increases by 750 square feet or
more over a 2-year period; or

3. An additional story is added to the structure
regardless of the area involved; or

4. The floor area of the alteration or combination of
an addition and alteration, within any two-year
period, is 50% or more of area of the existing
structure and where the scope of the work
exposes building framing and facilitates sprinkler
installation and is such that the Building Official
determines that the complexity of installing a
Ordinance No. 1796 Page 44
44 sprinkler system would be similar as in a new
building; or

5. Any addition to an existing building that has fire
sprinklers installed.

Exceptions:

1. Pursuant to Health and Safety Code Section
13113 occupancies housing ambulatory children
only, none of whom are mentally ill or mentally
retarded, and the buildings or portions thereof in
which such children are housed are not more than
two stories in height, and buildings or portions
thereof housing such children have an automatic
fire alarm system activated by approved smoke
detectors.

2. Pursuant to Health and Safety Code Section
13143.6 occupancies licensed for protective
social care which house ambulatory clients only,
none of whom is a child (under the age of 18
years), or who is elderly (65 years of age or over).

E. Subsection R309.2 is hereby amended to read in its
entirety as follows:

R309.2 One- and two-family dwellings automatic
fire sprinklers systems. An automatic fire sprinkler
system designed and installed per Section R313.3
shall be required in one- and two-family dwellings per
Sections R313.2.1 and R313.2.2.

R309.2.1 New buildings: An automatic sprinkler
system shall be installed throughout all new one- and
two-family dwellings, including the attached garages.

R309.2.2 Existing buildings: An automatic sprinkler
system shall be installed throughout existing buildings and their additions, including the attached garages,
when any of the following conditions exist:

1. The total floor area is increased by 50% of the
existing area over a 2-year period; or

2. The total area is increased by 750 square feet or
more over a 2-year period; or

3. An additional story is added to the structure
regardless of the area involved; or
Ordinance No. 1796 Page 45
45 4. The floor area of an alteration or combination of an addition and alteration, within any two-year
period, is 50% or more of area of the existing
structure and where the scope of the work
exposes building framing and facilitates sprinkler
installation and is such that the Building Official
determines that the complexity of installing a
sprinkler system would be similar as in a new
building; or

5. Any addition to an existing building that has fire
sprinklers installed.

Exceptions:

1. Pursuant to Health and Safety Code Section
13113 occupancies housing ambulatory children
only, none of whom are mentally ill or mentally
retarded, and the buildings or portions thereof in
which such children are housed are not more than
two stories in height, and buildings or portions
thereof housing such children have an automatic
fire alarm system activated by approved smoke
detectors.

2. Pursuant to Health and Safety Code Section
13143.6 occupancies licensed for protective
social care which house ambulatory clients only,
none of whom is a child (under the age of 18
years), or who is elderly (65 years of age or over).

F. The first paragraph of subsection R309.3.6.2.2 is
hereby deleted and replaced to read as follows:

R309.3.6.2.2 Calculation procedure. Determination
of the required size for water distribution piping shall be in accordance with the following procedure and
California Fire Code as amended by the City of San
Clemente Section 903.3.5.3.

G. Subsection R306.1 is hereby amended to read as
follows:

R306.1 General. Buildings and structures constructed
in whole or in part in flood hazard areas (including A
or V Zones) as established in Table R301.2(1) shall
be designed and constructed in accordance with the
provisions contained in this section and in accordance
Ordinance No. 1796 Page 46
46 with Chapter 15.76 of the San Clemente Municipal
Code.

Buildings and structures located in whole or in part in identified floodways shall be designed and
constructed in accordance with ASCE 24 and in
accordance with Chapter 15.76 of the San Clemente
Municipal Code.

15.22.040 Chapter 4 amended — Foundations.

Chapter 4 of CRC is hereby amended as follows:

A. Subsection R402.2 Concrete is hereby amended by
adding at the end: Due to corrosive soils concrete
shall be 4500 psi Type 5 to protect the reinforcing
from corrosion. Special Inspections are not required
unless part of the structural design.

B. Subsection R405.1 is hereby amended by deleting
the exception (balance of subsection to remain
unchanged).

15.22.050 Chapter 6 amended — Wall Construction.

Chapter 6 of CRC is hereby amended as follows:

A. Section R602.10.4.1 Mixing Methods is hereby
amended by adding at the end of #1: “The use of the
GB method of bracing as the sole means for bracing
is not permitted. No more than 50% of braced wall
line shall use this method and shall be supplemented
by any of the other bracing methods.

15.22.060 Chapter 9 amended — Roof Assemblies.

Chapter 9 of CRC is hereby amended as follows:

A. First paragraph of subsection R902.1 is amended to
read in its entirety as follows:

R902.1 Roofing covering materials. Roofs shall be
covered with materials as set forth in Sections R904
and R905. A minimum Class A roofing shall be
Ordinance No. 1796 Page 47
47 installed in areas designated by this section. Classes A roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.
(balance of subsection to remain unchanged).

B. Subsections R902.1.1, R902.1.2, R902.1.3 are
hereby deleted and replaced with a new Subsection
R902.1.1 to read in its entirety as follows:

R902.1.1 Roof Coverings. The roof covering or
roofing assembly on any new structure regulated by
this code shall be Class A fire retardant roof minimum
as classified in CBC Section 1505.2. Noncombustible roof covering may be applied in accordance with the manufacturer’s requirements in
lieu of a fire retardant roofing assembly. Wood
roofing materials are prohibited unless pressure
treated and approved for fire retardant of Class A
minimum. For existing structure when ten percent
(10%) or more of the total roof area is re-roofed within any one-year period, shall have a Class A fire
retardant roof covering for entire roof area. For
existing structure when less than ten percent (10%) of
the total roof area is re-roofed within any one-year
period, shall have a fire retardant roof covering class equal to or greater than the existing roof covering and not less than Class B.

C. The first paragraph of Subsection R902.2 is hereby
amended to read as follows:

R902.2 Fire-retardant-treated shingles and
shakes. Fire-retardant-treated wood shakes and
shingles are wood shakes and shingles complying
with UBC Standard 15-3 or 15-4 which are
impregnated by the full-cell vacuum-pressure process
with fire-retardant chemicals, and which have been
qualified by UBC Standard 15-2 for use on Class A.
(balance of subsection to remain unchanged).

D. Subsection R903.4 Roof Drainage is hereby
amended by adding a second paragraph to read as
follows:

Water that accumulates on a roof shall be effectively
drained and conveyed from the roof to a storm drain,
Ordinance No. 1796 Page 48
48 street gutter, or other locations approved by the
Building Official. Such water shall be conveyed
through gutters, leaders, associated piping or other
non-erodible surface drainage devices as approved
by the Building Official. For any minor or small roofs, the Building Official may exempt this requirement.

15.22.065 Chapter 10 amended—Chimneys and
Fireplaces.

Chapter 10 of CRC is hereby amended as follows:

A. Section R1001.14 is hereby added as follows:

R1001.14 Outdoor gas Fireplaces, Fire Pits, Fire
Rings, or similar devices. Outdoor fireplaces, fire
pits, fire rings, or similar exterior devices shall comply with this section.

Exception: Barbeques, grills, and other portable
devices intended solely for cooking
B. Section R1001.14.1 is hereby added as follows:

R1001.14.1 Gas-fueled devices. Outdoor fireplaces,
fire pits and similar devices fueled by natural gas or
liquefied-petroleum gas are allowed when approved
by the Building Department and the device is
designed to only burn a gas flame and not wood or
other solid fuel. At R-3 occupancies, combustible
construction shall not be located within three feet of
an atmospheric column that extends vertically from
the perimeter of the device. Where a permanent
Building Department approved hood and vent is
installed, combustible construction may abut this
column between the bottom of the hood and the vent
opening.

C. Section R1001.14.2 is hereby added as follows:

R1001.14.2 Devices using wood or fuels other
than natural gas or liquefied-petroleum gas.

Fireplaces burning wood or other solid fuel are not
permitted. Decorative logs in a fireplace shall be
contained within a firebox with an attached chimney.

The opening in the face of the firebox shall have an
Ordinance No. 1796 Page 49
49 installed and maintained enclosure except exterior
installed units.

D. Section R1001.14.3 is hereby added as follows:

R1001.14.3 Where prohibited. The burning of wood
and other solid fuels is prohibited. Wood and other
solid fuel burning fires in devices other than existing permanent fireplaces are not allowed within Wildfire
Risk Areas (WRA) and adopted Fire Hazard Severity
Zones (FHSZ) or in locations where conditions could
cause the spread of fire to the WRA or FHSZ

15.22.070 Chapter 44 amended — Referenced Standards
(NFPA 13 D).

The Referenced Standards in Chapter 44 of CRC are hereby amended as follows:

A. NFPA 13D 2025 Edition Installation of Sprinkler
Systems in One and Two-Family Dwellings and
Manufactured Homes is hereby amended as follows:

1. Section 7.1.2 is hereby revised to read in its
entirety as follows:

7.1.2 The sprinkler system piping shall not
have separate control valves installed unless
supervised by a central station, proprietary, or
remote station alarm service.

Section 16. Chapter 15.23. Chapter 15.23 of the San Clemente Municipal Code, “Existing Building Code” is hereby amended to read in its entirety as follows:

Chapter 15.23 EXISTING BUILDING CODE

15.23.010 Existing Building Code Adopted – Where filed.

15.23.020 Chapter 3 amended—Provisions For All
Compliance Methods.

Ordinance No. 1796 Page 50
50 15.23.010 Existing Building Code Adopted – Where filed.

For the purpose of prescribing regulations for erection, construction, enlargement, alteration, replacement, repair, improvement, removal, movement, conversion, demolition, use and occupancy, equipment, height, location,
maintenance, and areas of every building or structure or any appurtenances connected or attached to such building or structure in the City, subject to the modifications set forth in this Chapter., the City Council of the City of San Clemente hereby adopts by reference California Code of Regulations Title 24, Part 10, known and designated as the California Existing Building Code (CEBC), 2025 Edition, based on the 2024 International Existing Building Code as published by the International Code Council. A copy of this code is on file for public examination in the City's Building Division Office.

15.23.020 Chapter 3 amended—Provisions For All
Compliance Methods.

A. New Subsections 302.6 and 302.7 are hereby added
to Section 302 to read as follows:
302.6 Requirements. It shall be unlawful for any person to move any house, building or structure of any kind or
description, except fabricated structures approved by the Building Official, from any point outside of the City limits of the City, onto any property or lot within the City limits of the City of San Clemente. No building or structure shall be moved or relocated until such building or structure is
approved by the Planning Commission under a Conditional Use Permit. A permit to relocate the building or structure, issued by the Building Official to the owner of the premises to which the particular building or structure is proposed to be moved, is also required.
302.7 Relocation Permit Fee. Before any application for a Relocation Permit is accepted for filing, a fee as set forth in the City Council Fee Resolution shall be paid by the
applicant to the City of San Clemente to cover City's cost for the investigation of the condition of the building to be moved and the inspection of the proposed new location. The
application fee herein provided for shall be in addition to the building permit fee required by this code and any other fee or Ordinance No. 1796 Page 51
51 charge required by law or ordinance where a main building and building accessory thereto are to be moved.

Section 17. Fire Code. Chapter 8.16 of the San Clemente Municipal Code, “Fire Code,” is amended to read as follows:
“Chapter 8.16 FIRE CODE

8.16.010 Fire Code Adopted – Where filed.

8.16.020 - Enforcement and Inspections.

8.16.030 - Division II of Chapter 1 amended—Administration.

8.16.040 – Chapter 2 amended—Definitions.

8.16.050 – Chapter 3 amendments—General Requirements.

8.16.060 – Chapter 4 amended—Emergency Planning and Preparedness.

8.16.070 – Chapter 5 amended—Fire Service Features.

8.16.080 – Chapter 9 amended—Fire Protection and Life Safety Systems.

8.16.102 – Chapter 28 amended—Lumber Yards and Argo-Industrial, Solid Biomass and Woodworking Facilities.

8.16.104 – Chapter 50 amended—Hazardous Materials – General Provisions.

8.16.105 – Chapter 56 amended—Explosives and Fireworks.

8.16.106 – Chapter 80 amended—Referenced Standards.

8.16.010 Fire Code Adopted – Where filed.

The 2025 California Fire Code, based on the International Fire Code, 2024 Edition, as amended by the State of
California, published by the International Code Council (ICC), including Appendices listed is hereby adopted by the City of San Clemente for the purpose of prescribing
regulations governing conditions hazardous to the life and property from fire or explosion, save and except such
portions as are hereinafter added, deleted, modified or amended. A copy of this Code is on file in the City's Building Division office for public inspection and is adopted with the same force and effect as through set out herein in full.

8.16.020 – Enforcement and Inspections.

The California Fire Code as amended by the City of San
Clemente shall be enforced by the Orange County Fire
Authority, which shall be operated under the Fire Chief of the Orange County Fire Authority. The Fire Chief of the Orange County Fire Authority may detail such members of the fire Ordinance No. 1796 Page 52
52 authority as inspectors as shall be necessary from time to time.

8.16.030 – Division II of Chapter 1 amended—
Administration.

Chapter 1
Scope and Administration
Chapter 1 SCOPE AND ADMINISTRATION is adopted in
only those sections and subsections adopted by the SFM
with the following amendments:

Section 112.4 Violation penalties is hereby revised as
follows:
112.4 Violation penalties. Persons who shall violate a
provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a
violation continues after due notice has been served shall be deemed a separate offense.

Section 112.4.2 Infraction and misdemeanor is hereby
added as follows:
112.4.2 Infraction and misdemeanor. Persons operating
or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.

8.16.040 – Chapter 2 amended—Definitions.

Chapter 2
Definitions
Ordinance No. 1796 Page 53
53 Chapter 2 DEFINITIONS is adopted in its entirety as
amended by SFM with the following amendments:

Sections 202 GENERAL DEFINITIONS is hereby revised by
adding “OCFA” and “Spark Arrester” as follows:

OCFA: Orange County Fire Authority, authority having
jurisdiction.

SPARK ARRESTER: A listed device constructed of
noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable
particles/debris from the exhaust flow of an internal
combustion engine in accordance with California
Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with
California Building Code Chapter 28.

8.16.050 – Chapter 3 amendments—General
Requirements.

Chapter 3
General Requirements
Chapter 3 GENERAL REQUIREMENTS is adopted in only
those sections adopted by the SFM with the following
amendments:

Section 304.1.2 Vegetation is hereby revised as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urbanwildland interface areas shall be in accordance with Part 7, the California Wildland-Urban Interface Code. Type, amount, arrangement, and maintenance of vegetation in a fuel
modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C-05
“Vegetation Management Guideline: Technical Design for
New Construction, Fuel Modification Plans, and
Maintenance Program.”
Ordinance No. 1796 Page 54
54 Section 305.6 Hazardous Conditions is hereby added as follows:
305.6 Hazardous conditions. Outdoor fires burning wood
or other solid fuel are not allowed when any of the following conditions applies:

1. when predicted sustained winds exceed 8 MPH and
relative humidity is less than 25%, or a red flag
condition has been declared

2. when an official sign was caused to be posted by the fire code official, or a public announcement is made
No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such
fires present a hazard as determined by the fire code
official.

Section 305.7 Disposal of rubbish is hereby added as
follows:
305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved
incinerator and in accordance with Section 307.2.1.

Section 307 OPEN BURNING, RECREATIONAL FIRES
AND PORTABLE OUTDOOR FIREPLACES is hereby
revised as follows:

SECTION 307 OPEN BURNING, RECREATIONAL FIRES,

FIRE PITS, FIRE RINGS, AND PORTABLE OUTDOOR

FIREPLACES
Sections 307.6 Outdoor fireplaces, fire pits, fire rings, or similar devices used at Group R occupancies is hereby
added as follows:
307.6 Outdoor fireplaces, fire pits, fire rings, or similar devices used at Group R Occupancies. Outdoor
fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.

Exception: Barbeques, grills, and other portable
devices intended solely for cooking.

Ordinance No. 1796 Page 55
55 Section 307.6.1 Gas-fueled devices is hereby added as follows:
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefiedpetroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten (10) feet.

Where a permanent Building Department approved hood
and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.

Section 307.6.2 Devices using wood or fuels other than
natural gas or liquefied-petroleum gas is hereby added as follows:
307.6.2 Devices using wood or fuels other than natural
gas or liquefied-petroleum gas. Permanent outdoor
fireplaces burning wood or other solid fuel shall be
constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.

The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace. Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.

Exceptions:

1. Portable fireplaces and fire rings/pits
equipped with a device to arrest sparks
shall be located at least 3 feet from
combustible construction at R-3
occupancies,
Ordinance No. 1796 Page 56
56 2. Portable fireplaces, and fire pits/rings
equipped with a device to arrest sparks,
shall be located at least 15 feet from
combustible structures at other R
occupancies.

Section 307.6.2.1 Where prohibited is hereby added as
follows:
307.6.2.1 Where prohibited. The burning of wood and
other solid fuels shall not be conducted within a fuel
modification zone, Wildfire Risk Area (WRA), WildlandUrban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.

Exceptions:

1. Permanent fireplaces that are not located in a fuel
modification zone

2. Where determined by the Fire Code Official that the
location or design of the device should reasonably
prevent the start of a wildfire.

Section 307.7 Fire Prevention is hereby added as follows:

Section 307.7 Fire Prevention.

A. Except as provided in subsection B, authorized in the San Clemente Municipal Code, or permitted by the City
or the Orange County Fire Authority, no person shall
kindle, build, light, or maintain a fire in:

1. The public right-of-way;

2. Property owned or managed by the City;

3. Property that is zoned or designated by the City
as "Open Space," "Public," "Civic Center" or
"Institutional;" or

4. Vacant or unimproved portions of property that
are zoned or designated by the City as "Inland
Canyon," "Coastal Canyon" or "Coastal Bluff."
Ordinance No. 1796 Page 57
57 Enforcement personal may order the immediate
extinguishment of any fire in violation of this subsection A.

B. The prohibitions provided in subsection A do not apply in any public or private park where fires are permitted so long as all of the following conditions are met:

1. The fire is in a designated fire ring or pit, of a
maximum horizontal distance of 3 feet by 2 feet,
or contained within a commercially manufactured
appliance that is elevated off of the ground (e.g.,
a hibachi, firepit, or barbeque grill);

2. Only wood, charcoal, or paper products are used
as fuel;

3. No painted or chemically treated wood is burned;

4. All fuel material fits within the inside edge of the fire ring, pit, or elevated appliance;

5. The fuel materials do not rise higher than
approximately two (2) feet above the top edge of
the fire ring, pit, or elevated appliance; and

6. Hazardous conditions identified in Section 305.6
do not exist.

C. Enforcement personnel may order the extinguishment of any fire otherwise permitted under subsection B for any public safety or welfare reason. Such reasons include,
but are not limited to, the fire's location or proximity to a hazardous fire area, types of fuel, wind speed, wind
direction, flying embers, or other hazardous conditions described in Section 305.6 exist.

D. This section shall be enforced by the Orange County
Fire Authority, the Orange County Sheriff's Department, and employees designated by the City Manager in the
City's Marine Safety, Code Compliance, and Park
Ranger Divisions (collectively referred to herein as
"Enforcement Personnel").

SECTION 324 FUEL MODIFICATION REQUIREMENTS
FOR NEW CONSTRUCTION is hereby added as follows:

Ordinance No. 1796 Page 58
58 324.1 Fuel Modification Requirements For New
Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be
approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline:

Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
Section 325 CLEARANCE OF BRUSH OR VEGETATION
GROWTH FROM ROADWAYS is hereby added as follows:
325.1 Clearance of brush or vegetation growth from
roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable
vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental
shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.

Section 326 UNUSUAL CIRCUMSTANCES is hereby added
as follows:

326.1 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management
requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:

1. Difficult terrain.

2. Danger of erosion.

3. Presence of plants included in any state and federal resources agencies, California Native Plant Society
and county-approved list of wildlife, plants, rare,
endangered and/or threatened species.

4. Stands or groves of trees or heritage trees.

5. Other unusual circumstances that make strict
compliance with the clearance of vegetation provisions
undesirable or impractical.

Ordinance No. 1796 Page 59
59 Section 327 USE OF EQUIPMENT is hereby added as
follows:
327.1 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the
prevention of fire.

Exceptions:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except
motorcycles, are not subject to this section if the
exhaust system is equipped with a muffler as defined
in the Vehicle Code of the State of California.

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine
wheel, there is no exhaust bypass to the atmosphere,
and the turbocharger is in good mechanical condition.

Section 327.2 Use of equipment and devices generating
heat, sparks or open flames is hereby added as follows:
327.2 Equipment and devices generating heat, sparks or
open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brushcovered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:

1. First clearing away all flammable material, including snags, from the area around such operation for a
distance of 30 feet or other approved method to reduce
fire spread into the wildlands. If 30-foot clearing cannot be achieved, then an alternate method shall be
approved by the AHJ prior to work starting.

2. Maintain one serviceable round point shovel with an
overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully
Ordinance No. 1796 Page 60
60 equipped and ready for use at the immediate area
during the operation.

3. Stop work when winds are 8 MPH or greater during
periods when relative humidity is less than 25%, or a
red flag condition has been declared or public
announcement is made, when an official sign was
caused to be posted by the fire code official, or when
such fires present a hazard as determined by the fire
code official.

4. Keep a cell phone nearby and call 911 immediate in
case of fire.

Section 327.3 Spark Arresters is hereby added as follows:
327.3 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of
engines or vehicles subject to Section 327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

8.16.060 – Chapter 4 amended—Emergency Planning
and Preparedness.

Chapter 4
Emergency Planning and Preparedness
Chapter 4: EMERGENCY PLANNING AND
PREPAREDNESS is adopted in only those sections and
subsections adopted by the SFM with the following
amendment.

Section 407.5 is hereby revised as follows:
407.5 Hazardous Materials Inventory Statement. Where
required by the fire code official, each application for a permit shall follow OCFA Guideline G-04 “Completion of the Chemical Classification” in accordance with Section
5001.5.2.

8.16.070 – Chapter 5 amended—Fire Service Features.

Chapter 5
Fire Service Features
Ordinance No. 1796 Page 61
61 Chapter 5 FIRE SERVICE FEATURES is adopted in its
entirety as amended by SFM with the following
amendments:

SECTION 501.1 Scope is hereby revised as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where
required by the fire code official, with OCFA Guideline B-01 “Fire Master Plans for Commercial & Residential
Development.”
Section 510.1 Emergency responder communications
enhancement systems coverage in new buildings is
hereby deleted and replaced as follows:
510.1 Emergency responder radio coverage in new
buildings. All new buildings shall have approved radio
coverage for emergency responders within the building
based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The
Emergency Responder Radio Coverage System shall
comply with the requirements of the Orange County Sheriff’s Department, Communications and Technology Division, and where the functionality of performance requirements in the California Fire Code are more stringent, this code.

Exceptions:

1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following:
a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and
structures undergoing extensive remodel and/or
expansion.
b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking,
and
iii. Do not exceed 50,000 square feet on any
single story.

Ordinance No. 1796 Page 62
62 d. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking,
and
iv. Are not built integral to an above ground multistory parking structure.

Should a structure that is three stories or less and
50,000 square feet or smaller on any single story
include subterranean storage or parking, then this
ordinance shall apply only to the subterranean areas.

2. In facilities where emergency responder radio coverage is required and such systems, components or equipment
required could have a negative impact on the normal
operations of the facility, the fire code official shall have the authority to accept an automatically activated
emergency radio coverage system.

8.16.080 – Chapter 9 amended—Fire Protection and Life
Safety Systems.

Chapter 9
Fire Protection and Life Safety Systems
Chapter 9 FIRE PROTECTION AND LIFE SAFETY
SYSTEMS is adopted in its entirety as amended by the SFM with the following amendments:

Section 903.2 Where required is hereby revised as follows:
903.2 Where required. Approved automatic sprinkler
systems in buildings and structures shall be provided when one of the following conditions exists:

1. New buildings: In addition to the requirements of
Sections 903.2.1 through 903.2.21, approved automatic
sprinkler systems in new buildings, structures and
change of use shall be provided as follows (Exception:

Group R detached one- two-family dwellings and
townhouses as required by Section 903.2.8):
a) Throughout all Group A, C, I, E, H and L
Occupancies.
b) Throughout all Group B, F, M, and S Occupancies
exceeding 1,000 square feet.

Ordinance No. 1796 Page 63
63 c) Throughout all Group U Occupancies exceeding
6,000 square feet.

For the purposes of this section, fire walls shall not
define separate buildings.

2. Alteration: When the floor area of the alteration within any two-year period exceeds 75% of the area of the
existing structure and the alteration includes structural modifications other than seismic upgrade.

3. Addition: Sprinkler protection shall be provided
throughout the entire building when:
a) Existing unsprinklered building less than 5000 square feet: where 20% or more is added and the gross floor
areas exceed 5000 square feet.
b) Existing unsprinklered building equal or greater than 5000 square feet: where more than 1,000 square feet
is added.
c) Fire sprinklers shall be provided in additions to an existing building that has fire sprinklers installed
d) Change of use when required by that use.

Exception: Additions to Group R occupancies shall comply with Section 903.2.8 (2).

Section 903.2.8 Group R is hereby revised as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New Buildings: An automatic sprinkler system shall be installed throughout all new buildings, including the
attached garages.

2. Existing R Buildings: An automatic sprinkler system
shall be installed throughout when one of the following conditions exists:
a) All existing Group R occupancies and U garages when
the total floor area is increased by 50% of the existing area over a two-year period.
b) All existing Group R occupancies and U garages when
the total area is increased by 750 square feet or more
over a two-year period.

Ordinance No. 1796 Page 64
64 c) All existing Group R occupancies and U garages when an additional story is added to the structure regardless of the area involved.
d) All existing Group R occupancy buildings when the
floor area of the alteration or combination of an
addition and alteration, within any two-year period, is 50% or more of area of the existing structure and
where the scope of the work exposes building framing
and facilitates sprinkler installation and is such that the Building/Fire Code Official determines that the
complexity of installing a sprinkler system would be
similar as in a new building.
e) Any addition to an existing building that has fire
sprinklers installed.

The exceptions in this section remain unchanged.

Section 903.3.5.3 Hydraulically calculated
systems is hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The
design of hydraulically calculated sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 psi,
and when required by the fire code official, the sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3.
90 100 110 120 130 140 150 PSI
85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems
Ordinance No. 1796 Page 65
65 8.16.102 – Chapter 28 amended—Lumber Yards and
Argo-Industrial, Solid Biomass and Woodworking
Facilities.

Chapter 28
Lumber Yards and Agro-Industrial, Solid Biomass and
Woodworking Facilities
Chapter 28 LUMBER YARDS AND AGRO-INDUSTRIAL,
SOLID BIOMASS AND WOODWORKING FACILITIES is
adopted in its entirety with the following amendments:

Section 2801.2 Permit is hereby revised as follows:
2801.2 Permit. Permits shall be required as set forth in Section 105.5 and 105.5.31.

Section 2808.2 Storage site is hereby revised as follows:
2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface.

Sites shall be thoroughly cleaned, and approval obtained from the fire code official before transferring products to the site.

Section 2808.3 Size of piles is hereby revised as follows:
2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width, and 100 feet in length.

Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:

1. Storage yard areas and materials-handling equipment
selection, design and arrangement shall be based upon
sound fire prevention and protection principles.

2. Factors that lead to spontaneous heating shall be
identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile.

Ordinance No. 1796 Page 66
66 3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment
including a water supply and fire hydrants.

4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established,
identified, and maintained.

5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention
maintenance program.

Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code.

The increase of the pile size shall be based upon the
capabilities of the installed fire protection system and features.

Section 2808.3.1 Increase in pile or stack size is hereby deleted in its entirety.

Section 2808.4 Pile Separation is hereby revised as
follows:
2808.4. Pile separation. Piles shall be separated from
adjacent piles by a minimum distance of 20 feet.

Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.

Section 2808.7 Pile fire protection is hereby revised as follows:
2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible
enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down
burning/smoldering areas.

Section 2808.9 Material-handling equipment is hereby
revised as follows:
2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall Ordinance No. 1796 Page 67
67 be provided and maintained with an approved spark arrester.

Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw
product during fire-fighting operations.

Section 2808.11 Temperature control is hereby added as
follows:
2808.11 Temperature control. The temperature shall be
monitored and maintained as specified in Sections
2808.11.1 and 2808.11.2.

Section 2808.11.1 Pile temperature control is hereby
added as follows:
2808.11.1 Pile temperature control. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit.

Section 2808.11.2 New material temperature control is
hereby added as follows:
2808.11.2 New material temperature control. New loads
delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with
temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the
requirements of this chapter and be monitored to verify that the temperature remains stable.

Section 2808.12 Water availability is hereby added as
follows:
2808.12 Water availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2-hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s).

Ordinance No. 1796 Page 68
68 Section 2808.13 Tipping areas is hereby added as follows:
2808.13 Tipping areas shall comply with the following:

1. Tipping areas shall not exceed a maximum area of 50
feet by 50 feet.

2. Material within a tipping area shall not exceed 5 feet in height at any time.

3. Tipping areas shall be separated from all piles by a 20- foot-wide fire access lane.

4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the
perimeter of the tipping area.

5. All material within a tipping area shall be processed within 5 days of receipt.

Section 2808.14 Emergency contact is hereby added as
follows:
2808.14 Emergency contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be
available to respond to the business in an emergency
situation.

Section 2808.15 Maximum grid of piles and rows is
hereby added as follows:
2808.15 Maximum grid of piles and rows. Rows of Piles
shall not exceed 500 feet by 500 feet. Grids shall be
separated by a minimum 50-foot clear space used for no
other purpose.
2808.16 Push-out / clear area is hereby added as follows:
2808.16 Push-out / clear area. Piles exceeding 20 cubic yards shall be provided with push-out areas. Push-out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height. Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building.

8.16.104 – Chapter 50 amended—Hazardous Materials –
General Provisions.

Ordinance No. 1796 Page 69
69 Chapter 50
Hazardous Materials – General Provisions
Chapter 50 HAZARDOUS MATERIALS – GENERAL
PROVISIONS is adopted in its entirety as amended by SFM with the following amendments.

Section 5001.5.2 Hazardous Materials Inventory
Statement (HMIS) is hereby revised as follows:
5001.5.2 Hazardous Materials Inventory Statement
(HMIS). Where required by the fire code official, an
application for a permit shall follow OCFA Guideline G-04 “Completion of the Chemical Classification”, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises.

Section 5003.1.1.1 Extremely hazardous substances is
hereby added as follows:
5003.1.1.1 Extremely hazardous substances. No person
shall use or store any amount of extremely hazardous
substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property.

8.16.105 – Chapter 56 amended—Explosives and
Fireworks.

Chapter 56
Explosives and Fireworks
Chapter 56 EXPLOSIVES AND FIREWORKS is adopted in
its entirety as amended by the SFM with the following
amendments:

Section 5608.2 Firing is hereby added as follows:
5608.2 Firing. All fireworks display, regardless of mortar, device, or shell size, shall be electrically fired.

Section 5608.3 Application for permit is hereby added as follows:

Ordinance No. 1796 Page 70
70 Section 5608.3 Application for permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA.

8.16.106 – Chapter 80 amended—Referenced Standards.

Chapter 80
Referenced Standards
Chapter 80 REFERENCED STANDARDS is adopted in its
entirety as amended by the SFM with the following
amendments:

NFPA 13, 2025 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:

Section 9.2.1.7 is hereby revised as follows:

9.2.1.7 Concealed spaces filled with noncombustible
insulation shall not require sprinkler protection when
approved by the fire code official.

Section 9.4.3.1 is hereby revised as follows:

9.4.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quickresponse type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following:

1. Quick-response type as defined in 3.3.223.4.16

2. Residential sprinklers in accordance with the
requirements of Chapter 12

3. Quick-response CMSA sprinklers

4. ESFR sprinklers
Ordinance No. 1796 Page 71
71 5. Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers.

6. Standard-response sprinklers used where individual
standard-response sprinklers are replaced in existing light hazard systems
Section 16.12.3.3 is hereby revised as follows:

16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when
approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as
approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided.

NFPA 13D 2025 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings
and Manufactured Homes is hereby amended as follows:

Section 7.1.2 is hereby revised as follows:

7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.

NFPA 24, 2025 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is
hereby amended as follows:

Section 6.2.8.1 is hereby added as follows:

6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.

Exceptions:

1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.

Ordinance No. 1796 Page 72
72 2. Where OS&Y valves on the detector check assembly
are the only control valves, at least one OS&Y valve
shall be painted red.

Section 6.2.9 is hereby revised as follows:

All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:

1. A post indicator valve installed not less than 40 ft (12 m) from the building
a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed
closer than 40 ft (12 m) but at least as far from the
building as the height of the wall facing the post
indicator valve.
b) Post indicating valves shall be allowed to be closer than 40 ft (12 m) to the building when a property line
or other physical barriers make it impossible to have
a post indicating valve 40 ft (12m) away.
c) Post indicating valves shall be allowed to be closer than 40 ft (12 m) to the building when building
driveway or fire access roadways or other building
traffic make it impractical to be 40 ft (12 m).

2. A wall post indicator valve on risers located within the building, either a nonrising stem gate valve with a wall post indicator or a listed butterfly valve with an
indicating handle extending out through the building
wall.

3. A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building
a) For buildings less than 40 ft (12 m) in height, a
backflow preventer with at least one indicating valve
shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height
of the wall facing the backflow preventer.
b) Backflow preventer valves shall be allowed to be
closer than 40 ft (12 m) to the building when a
property line or other physical barriers make it
impossible to have a backflow preventer valve 40 ft
(12 m) away.

Ordinance No. 1796 Page 73
73 c) Backflow preventer valves shall be allowed to be
closer than 40 ft (12 m) to the building when building
driveway or fire access roadways or other building
traffic make it impractical to be 40 ft (12 m).

4. Indicating control valves installed in a fire-rated room accessible from the exterior

5. Indicating control valves in a fire-rated stair enclosure accessible from the exterior as permitted by the AHJ

6. Any other valve type or location as permitted by the AHJ
Section 10.1.5 is hereby added as follows:

10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet.

The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch-wide tape approved for underground use. Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.4.1.1 is hereby revised as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt, bituminous, or other
corrosion-retarding material after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

Section 10.4.1.1.1 is hereby added as follows:

10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.

Section 10.4.3.2 is hereby deleted and replaced as follows:

10.4.3.2 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through 10.4.3.2.4.

Ordinance No. 1796 Page 74
74 Appendices
Appendix A is not adopted.

Appendix B is adopted in its entirety as amended by the SFM.

Appendix BB is adopted in its entirety.

Appendix C is adopted in its entirety as amended by the SFM.

Appendix CC is adopted in its entirety.

Appendix D is not adopted.

Appendix E is not adopted.

Appendix F is not adopted.

Appendix G is not adopted.

Appendix H is adopted in its entirety.

Appendix I is not adopted.

Appendix J is not adopted.

Appendix K is not adopted.

Appendix L is not adopted.

Appendix M is not adopted.

Appendix N is not adopted.

Appendix O is not adopted.

Appendix P is not adopted.

Appendix Q is not adopted
Section 18. Severability. If any provision of this ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

Section 19. Effective Date. This Ordinance takes effect on January 1, 2026, consistent with section 18941.5 of the California Health and Safety Code, or 30 days after its final passage and adoption, whichever is later, consistent with California Government Code section 36937.

Section 20. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original Ordinance No. 1796 Page 75
75 ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

APPROVED AND ADOPTED this __ day of __________, 2025.

ATTEST:
__________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California Ordinance No. 1796 Page 76
76 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1796 having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________.
__________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney

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