ATTACHMENT A
Ordinance No. 2458
ORDINANCE NO. 2458
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE APPROVING CASE PLAN25 -00015, AN AMENDMENT TO CHAPTER 5 (BUILDING AND FIRE REGULATIONS) OF TITLE 16 OF THE VICTORVILLE MUNICIPAL CODE WITH AN
ENVIRONMENTAL EXEMPTION , AND ADOPTING STATE OF CALIFORNIA MANDATED 2025 TITLE 24 BUILDING CODES
WHEREAS, California Health and Safety Code section 17960 requires the City to enforce the provisions of the California Building Standards Code (“CBSC”) published by the California Building Standards Commission; and
WHEREAS, Title 16 of the Victorville Municipal Code (“ VMC”) adopts and incorporates the requirements of the CBSC and other uniform codes prescribing regulations for the construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Victorville; and
WHEREAS, the California Building Standards Commission published the 2025 Edition of the CBSC on July 1, 2025, with an effective date of January 1, 2026; and WHEREAS, pursuant to VMC Section 16- 2.01.020, the City of Victorville Building Department has initiated an amendment to Chapter 5 of Title 16 of the VMC in order to adopt the most recent California State mandated building code and related regulations; and WHEREAS, pursuant to Title 7, Division 1, Chapter 4, Article 2 of the California Government Code and section 16-2.01.040 of the VMC, the Victorville Planning Commission held a public hearing on October 8, 2025, to hear arguments for and against the proposed amendments to Title 16 of the VMC (the “Development Code”); and, after hearing all testimony offered, the Planning Commission unanimously voted to adopt Resolution No. P -25-029, which recommended that the City Council adopt the VMC amendments specified in Planning Case No.
PLAN25-00015; and
WHEREAS, the City Council finds that the proposed amendments relating to building regulations in Chapter 5 are necessary updates and modifications in accordance with the most recent California State mandated building code and Federal Emergency Management Agency requirements are necessary to protect the health, safety and welfare of the community and its residents; and
WHEREAS, the City Council finds on their own independent judgment that this proposed Title 16 amendment has been determined to be categorically exempt from the California Environmental Quality Act (CEQA), based upon CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that there is no possibilit y that the proposed amendments will have a significant effect on the environment inasmuch as the amendments do not increase land use allowances or modify existing standards in a manner that will negatively affect the environment, and are intended to update and clarify the existing VMC by adopting the most recent California State mandated building codes; and
WHEREAS, the City Council finds that the amendments contained herein are necessary to provide a Development Code that is clear, enforceable, and readable by the public and City Staff; and
WHEREAS, pursuant to Title 7, Division 1, Chapter 4, Article 2 of the California Government Code and Section 16- 2.01.060 of the VMC, the City Council held a duly noticed public hearing on November 4, 2025 to hear arguments for and against the code amendments, and after hearing all verbal and written testimony offered, including the Planning Commission’s recommendation and minutes, the City Council approved the recommendation of the Planning Commission, by adopting the VMC amendments included Case No. PLAN25-00015 as set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals
That the recitals set forth above are true and correct and are hereby incorporated in this Ordinance by this reference as if set forth in their entirety.
Section 2. Severability
That the City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
Section 3. Effective Date
That this Ordinance shall take effect thirty (30) days after its final passage.
Section 4. Repeal of Conflicting Provisions
All provisions of the Victorville Municipal Code as heretofore adopted by the City
Council that are in conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Certification
That the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.
Section 6. Additions, Deletions, and Revisions to Chapter 5 of Title 16 of the Victorville Municipal Code
That Title 16, Chapter 5 of the Victorville Municipal Code is hereby amended as follows (legend defining existing, new, and deleted text, as well as editing notes, by means of strikethroughs, underlining, italicization and asterisks included for reference purposes only):
Chapter 5: Building and Fire Regulations
Article 1: Administrative Building Code
Sec. 16-5.01.020: Code adoption *Change*
The One copy of the 2022 2025 Edition of the California Building Standards Administrative Code known as the California Code of Regulations, Title 24, Part 1, and Chapter 1, Division 2 of both the 2022 2025 California Building Code, Title 24, Part 2, and the 2022 2025 California Residential Code, Title 24, Part 2.5, having been filed in the office of the City Clerk, said code as hereinafter modified, is designated and adopted by reference as the administrative building code of the City.
One true copy of said California Building Standards Administrative Code, including Chapter 1, Division 2 of both the California Building and Residential Codes are on file in the City’s Building Department and available for public inspection.
Sec. 16-5.01.050: Creation of enforcement agency Reserved *Change*
Section 103.1 of the California Building Code and Section R103.1 of the California Residential Code are amended as follows:
The Building Department is hereby created and the official in charge shall be known as the Building Official.
Sec. 16-5.01.100: - Time limitation of application *Change* Sections 105.3.2 of the California Building Code and R105.3.2 of the California Residential Code are amended as follows:
Applications for which no permit is issued within 180 days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for Legend
Existing Text
New Text
Deleted Text
*Editing Notes*
action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application shall not be extended more than once. An application shall not be extended if this Code or any other pertinent laws or ordinances have been amended subsequent to the date of application or if there are active Code Enforcement cases related to the scope of the permit. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.
Sec. 16-5.01.110: - Permit expiration *Change*
Sections 105.5 of the California Building Code and R105.5 of the California Residential Code are amended as follows:
Every permit issued by the Building Official shall expire and become void if either of the following occurs:
(a) No new work is completed within 12 months of issuance of the permit, or in the event of an extension granted by the Building Official, within any 180-day period thereafter.
(b) No inspections are requested for completed work within the initial 12- month period, or in the event of an extension granted by the Building Official, any 180 -day period thereafter.
If substantial work has already been performed, a new permit must be obtained before work can resume. Before work can be resumed, a new permit shall be obtained, and the The fees for that permit shall be one- half the amount required for a new permit for the same work, provided no changes are required to be made or will be made in the original plans and specifications; and provided further that such suspension or abandonment of work or inspections has not exceeded one year. In order to resume work on a permit after a period of time in excess of one year, the permittee shall be subject to a new permitting process and is required to pay full permit fees. The Building Official may, at his or her discretion, allow the permit to be re -issued under the original approval if substantial work has already been completed and inspected under the original expired permit.
A permittee holding an unexpired permit may apply for an extension under that permit for good and satisfactory reasons. The Building Official may extend the time allowed for work to resume for a period not exceeding 180 days upon written request by the permittee. This request shall demonstrate that circumstances beyond the control of the permittee have halted work on the site.
Permits will not be extended where any of the following are true:
1. There are unresolved Code Enforcement cases on the property in question.
2. New codes which impact the scope of the permit have been adopted.
Sec. 16-5.01.120: - Certificate of occupancy *Change*
The following is added to Section 111 of the California Building Code:
A certificate of occupancy application shall be issued submitted for each use of all structures and buildings. a ;b0; A processing fee shall be paid, in accordance with the adopted fee schedule, at the time of application. This section shall not apply to private dwelling units in R -2 and R -3 occupancies.
Article 3: Building Code
Sec. 16-5.03.020: Code adoption *Change*
One copy of the The 2022 2025 Edition of the California Building Code known as the California Code of Regulations, Title 24, Part 2, incorporating by reference, the 2021 2024 Edition of the
International Building Code, published by the International Code Council with the California amendments, having been filed in the office of the City Clerk, such code as hereinafter modified, is designated and adopted by reference as the building code of the City. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.
Article 4: Residential Code
Sec. 16-5.04.020: Code adoption *Change*
One copy of the The 2022 2025 Edition of the California Residential Code known as the California Code of Regulations, Title 24, Part 2.5, incorporating by reference, the 2021 2024 Edition of the International Residential Code, published by the International Code Council with the California amendments, having been filed in the office of the City Clerk, such code as hereinafter modified, is designated and adopted by reference as the building residential code of the City. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.
Sec. 16-5.04.030: Appendix adoption *Change*
Appendices AH BF, and AJ BO, of the California Residential Code are part of this Code and are incorporated in this Chapter by reference.
Article 6: Plumbing Code
Sec. 16-5.06.020: Code adoption *Change*
One copy of the The 2022 2025 Edition of the California Plumbing Code and Appendices known as the California Code of Regulations, Title 24, Part 5, incorporating by reference, the 2021 2024 Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials with California amendments, having been filed in the office of the City Clerk, said code and appendixes as hereinafter modified are is designated and adopted by reference as the plumbing code of the City, in addition to those additions, amendments and deletions as set forth in this chapter. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.
Sec. 16-5.06.025: Appendix adoption *Addition*
Appendices A, B, C, D, E, H, and I of the California Plumbing Code are part of this Code and are incorporated in this Chapter by reference.
Article 8: Mechanical Code
Sec. 16-5.08.020: Code adoption *Change* One copy of the The 2022 2025 Edition of the California Mechanical Code and Appendices known as the California Code of Regulations, Title 24, Part 4, incorporating by reference, the 2021 2024 Uniform Mechanical Code, published by the International Association of Plumbing and
Mechanical Officials with California amendments, having been filed in the office of the City Clerk, said code and appendixes are is designated and adopted by reference as the mechanical code of the city. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.
Article 9: Electrical Code
Sec. 16-5.09.020: Code adoption *Change*
One copy of the The 2022 2025 Edition of the California Electrical Code known as the California Code of Regulations, Title 24, Part 3, incorporating by reference, the 2020 2023 National Electrical Code, published by the National Fire Protection Association with California aAmendments, having been filed in the office of the City Clerk, said code as hereinafter modified is designated and adopted by reference as the electrical code of the City. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.
Article 10: Energy Code
Sec. 16-5.10.020: Code adoption *Change*
One copy of the The 2022 2025 California Energy Code and Appendices known as the California Code of Regulations, Title 24, Part 6, published by the International Code Council with California amendments, having been filed in the office of the City Clerk, said code and appendices are is designated and adopted by reference as the energy code of the City. One true copy of said California Building Code is on file in the Building Department and is available for public inspection. along with those additions, amendments and deletions as set forth in this chapter.
Article 11: Green Building Code
Sec. 16-5.11.020: Code adoption *Change*
One copy of the The 2022 2025 California Green Building Standards Code and Appendices known as the California Code of Regulations, Title 24, Part 11, published by the International Code Council with California amendments, as hereinafter modified having been filed in the office of the City Clerk, said code and appendices are is designated and adopted by reference as the green code of the City. One true copy of said California Building Code is on file in the Building Department and is available for public inspection. along with those additions, amendments and deletions as set forth in this chapter.
Sec. 16-5.11.070: Documents (prior to final inspection) *Change*
Documentation shall be provided to the City of Victorville Building Division which demonstrates compliance with this Plan. The permittee shall complete the City provided Construction Waste Reduction Management Plan Summary. This document shall be completed and submitted to the Building Division City, along with documentation supporting the diversion or disposal method used (i.e. disposal site receipts or tickets ), and shall receive approval from the Building Division City prior to receiving a final inspection.
Article 13: Wind Energy Conversion System Regulations
Sec. 16-5.13.030: - Wind energy conversion systems *Change*
If a wind energy conversion system is permitted pursuant to Chapter 3 Article 2 of this Code, it shall be subject to the following regulations:
(a) Building Permit Application for a WECS. Building permit applications for a wind energy conversion system shall be accompanied by a plot plan drawn in sufficient detail to clearly describe the following:
(1) Property line and physical dimensions of the site;
(2) Location, dimensions, and types of existing structures and uses on site; (3) Location of the proposed WECS;
(4) Location of all aboveground utility lines on-site or within one radius of the total height of the WECS;
(5) Location and size of the largest structure taller than thirty -five feet or tree which may potentially grow taller than thirty-five feet during the lifetime of the WECS within a five hundred feet radius of the proposed WECS. Other WECS are excluded. (b) General Provisions. Installation of all wind energy conversion systems shall comply with the following requirements:
(1) Size. This Chapter covers those WECS whose swept area is five hundred square feet or less. For conventional propeller WECS, this would be approximately twenty-five feet diameter.
(2) Compliance with California Building Code and California Electrical Code, as applicable.
Building permit applications shall be accompanied by standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings. The application shall also include engineering data and calculations to demonstrate compliance of the support structure with seismic and structural design provisions of the California Building Code and California Electrical Code, as applicable. Drawings and engineering calculations shall be certified in writing by a California-registered structural engineer. This certification can be supplied by the manufacturer.
Where the structural components of an installation vary from the standard design or specifications, the proposed modifications shall be certified by a California- registered structural engineer for compliance with the seismic and structural design provisions of the California Building Code and California Electrical Code, as applicable.
All equipment and materials shall be used or installed in accordance with such drawings.
The above certifications by a California-registered structural engineer shall be deemed to satisfy all applicable requirements of the California Building Code and Cali fornia Electrical Code, as applicable.
(3) Compliance with California Electrical Code. Building permit applications shall be accompanied by a drawing identifying the location of metering, protection and control devices, and transformer equipment in sufficient detail to allow for a determination that the manner of installation will conform to Articles 250 (Grounding), 280 (Lightning Arrestors), 300 (Wiring Methods), 310 (Conductors for General Wiring), 430 (Motors), 445 (Generators), and 450 (Transformers and Transformer Vaults) of the California Electrical Code. The application shall include a statement from a California- registered electrical engineer indicating that the electrical system conforms with good engineering practices and complies with the above articles of the California Electrical Code. All equipment and materials shall be used or installed in accordance with such drawings and diagrams. This certification can be supplied by the manufacturer.
Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a California-registered electrical engineer for compliance with the requirements of the California Electrical Code and good engineering practices.
The above certification by a California-registered electrical engineer shall be deemed to satisfy all applicable requirements of the California Electrical Code. (4) Rotor Safety. Each wind energy conversion system must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a California- registered engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer should also certify the compatibility of possible towers with available rotors.
That certification can be supplied by the manufacturer must be established.
(5) Guy Wires. Anchor points for guy wires shall be located within property lines and not on or across any aboveground electric transmission or distribution line. Guy wires shall be enclosed by a fence six feet high or the WECS shall be set back from the property line the total height of the WECS.
(6) Tower Access. Lattice towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high. Other towers should have either:
(i) Tower-climbing apparatus located not closer than twelve feet from the ground; (ii) A locked anti-climb device installed on the tower; or (iii) The tower shall be completely enclosed by a locked, protective fence at least six feet high.
(7) Noise. The maximum sound pressure level radiated in each standard octave band by any use or facility, other than transportation facilities or temporary construction work, shall not exceed the values for octave bands lying within the several frequency limit s given in Table 16 -5.13.030(7)1, after applying the corrections shown in Table 16-
5.13.030(7)2. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to the standards prescribed by the American Standards Association. American Standards Sound Level Meters for Measurement of Noise and Other Sounds, Z224.3- 1944, American Standards Association, Inc., New York, N.Y., and American Standard Specification for an Octave- Band Filter Set for the Analysi s of Noise and Other Sounds, Z224.10 -1953, or latest approved revision thereof, American Standards Association, Inc., New York, N.Y., shall be used.
When notified by a City Building Inspector that a wind energy system is not in compliance with the above noise standards, the operator shall immediately bring the wind energy conversion system into compliance with the noise standards or cease operations.