HomeMy WebLinkAboutOrdinance 673 2025 Building Code Update - signedOrdinance No. 673
Page 1 of 25
ORDINANCE NO. 673
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA, REPEALING, AMENDING AND REENACTING CHAPTERS 14.01-
14.12 OF TITLE 14 (BUILDINGS AND CONSTRUCTION) OF THE MORRO BAY
MUNICIPAL CODE, THEREBY ADOPTING BY REFERENCE AND AMENDING THE
2025 CALIFORNIA BUILDING (VOLUMES 1 AND 2), RESIDENTIAL, ELECTRICAL,
MECHANICAL, PLUMBING, ENERGY, HISTORICAL BUILDING, FIRE, EXISTING
BUILDING, GREEN BUILDING, ADMINISTRATIVE, AND REFERENCE
STANDARDS CODES, THE 2021 INTERNATIONAL PROPERTY MAINTENANCE
CODE, THE 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS, AND THE 2025 WILDLAND-URBAN INTERFACE CODE
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, there are certain state and model codes relating to buildings, construction,
fire and life safety as follows:
A. 2025 California Building Code (volumes 1 and 2)
B. 2025 California Residential Code
C. 2025 California Electrical Code
D. 2025 California Mechanical Code
E. 2025 California Plumbing Code
F. 2025 California Energy Code
G. 2025 California Historical Building Code
H. 2025 California Fire Code
I. 2025 California Existing Building Code
J. 2025 California Green Building Standards Code
K. 2025 California Administrative Code
L. 2025 California Referenced Standards Code
M. 2024 International Property Maintenance Code
N. 1997 Uniform Code for the Abatement of Dangerous Buildings
O. 2025 Wildland-Urban Interface Code
WHEREAS, Government Code § 50022.1, et seq. and Health and Safety Code § 17922
authorize the City to adopt by reference the California Building Standards Code as provided in
Titles 24 and 25 of the California Code of Regulations and other codes, including, without
limitation, the 2024 International Property Maintenance Code, the 1997 Uniform Code for the
Abatement of Dangerous Buildings, and the 2025 Wildland-Urban Interface Code; and
WHEREAS, pursuant to Health and Safety Code § 17950 and 18938(b), the California
Building Standards Code is applicable to all occupancies throughout the State of California,
whether or not the City takes affirmative action to adopt the California Building Standards Code;
Ordinance No. 673
Page 2 of 23
and
WHEREAS, Health and Safety Code § 17960, requires a local building department to
enforce State Housing Law, the California Building Standards Code, and the implementing
regulations of the Department of Housing and Community Development for residential
structures; and
WHEREAS, Health and Safety Code § 17958.5 allows the City to make those changes
or modifications to the requirements contained in the provisions published in the California
Building Standards Code as it determines, pursuant to the provisions of Health and Safety Code
§ 17958.7, are reasonably necessary because of local climatic, geological, or topographical
conditions; and
WHEREAS, pursuant to the immediately foregoing Health and Safety Code sections and
Health and Safety Code § 18941.5, certain express findings have been made and are as follows:
FINDINGS
1. The topographic, underlying geologic and surface soil conditions of the hillsides of the
City of Morro Bay are of a gradient and composition such that movement has historically
been known to occur. Soils testing has revealed the presence of potentially hazardous
geologic conditions, including expansive soils, questionable soils, soils prone to
liquefaction and seasonally high groundwater. Therefore, it is reasonably necessary to
adopt regulations for grading operations that are more detailed and restrictive than those
adopted by the State of California and codified in the California Building Standards
Code.
2. Due to topographic and geologic conditions, development in Morro Bay has historically
been constrained such that building occurred predominantly in the flatter areas, a scarcity
of which resulted in the creation of small lots and the construction of structures in
relatively close proximity to one-another. Those conditions are known to be conducive to
the spread of fire and, therefore, it is reasonably necessary to adopt standards more
restrictive than those adopted by the State of California and codified in the California
Building Standards Code and California Fire Code for the installation of automatic fire
sprinklers on new and existing buildings, limiting the use of wood shakes or shingles, and
to otherwise establish construction and fire prevention regulations more restrictive than
those adopted by the State of California and codified in the California Building Standards
Code to reduce and minimize the potential for loss of and damage to life and property
resulting from fire, hazardous materials, explosions and to protect firefighters and
emergency personnel during emergency operations. More particularly, this finding
supports the modification of California Building Code, California Fire Code, California
Residential Code and California Electrical Code.
3. Due to topographic conditions and in order to protect the estuarine environment of and
adjacent to the City of Morro Bay, it is reasonably necessary to adopt regulations more
restrictive than those adopted by the State of California and codified in the California
Ordinance No. 673
Page 3 of 23
Building Standards Code, creating more stringent thresholds for when a building permit
is required for construction of sidewalks, driveways, decks, paving, or flatwork,
prohibiting the construction of private sewage disposal systems and requiring the
installation of sewer backwater valves. More particularly, this finding supports the
modification of California Building Code Section 105.2, California Plumbing Code
section 713.0, and the addition of Plumbing Code section 709.5.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA FINDS AND ORDAINS AS FOLLOWS:
SECTION 1. The City Council hereby declares and adopts the foregoing recitals and
findings as true and correct and they are incorporated herein.
SECTION 2. The City Council has considered the changes that are proposed with respect
to the matter described above. The City Council has, as a result of its consideration, the evidence
presented at the hearings on said matter, and all comments that were received during the public
hearing process, determined that this activity is exempt from review pursuant to Section
15061(b)(3) which provides that an activity is not subject to CEQA review where it can be seen
with certainty that there is no possibility that it may have a “significant effect on the environment.”
The City Council finds that it can be seen with certainty that there is no possibility that the adoption
and amendment of the 2025 State Building Code may have a significant effect on the environment
because there is no substantial evidence that the adoption of this ordinance will have a significant
effect on the environment. The City Council hereby approves this adoption and amendment of the
2025 Building Code in accordance with the California Environmental Quality Act.
SECTION 2. Effective January 1, 2026, Chapters 14.01-14.12 of the Morro Bay
Municipal Code are hereby repealed and reenacted to read as follows (with redline changes below
to show amendments made):
Chapter 14.01
GENERAL
Sections:
14.01.010 Title and Purpose.
14.01.020 Adoption of Codes.
14.01.030 Building Official and Fire Chief Designated.
14.01.010 - Title and Purpose.
This title shall be known and may be cited as "The Buildings and Construction Ordinance of the
City of Morro Bay," Title 14 of the Morro Bay Municipal Code (MBMC). These regulations are
hereby established and adopted to protect and promote public health, safety and welfare. This
title establishes minimum regulations for construction, fire prevention, and the use and
Ordinance No. 673
Page 4 of 23
occupancy of buildings and other structures. This title prescribes regulations and standards that
are consistent with the State Housing Law of California.
14.01.020 - Adoption of Codes.
Fifteen documents, one each of which are on file in the office of the Building Official, identified
by the seal of the City of Morro Bay, marked and designated as the:
A. 2025 California Building Code (volumes 1 and 2),
B. 2025 California Residential Code,
C. 2025 California Electrical Code,
D. 2025 California Mechanical Code,
E. 2025 California Plumbing Code
F. 2025 California Energy Code
G. 2025 California Historical Building Code,
H. 2025 California Fire Code,
I. 2025 California Existing Building Code,
J. 2025 California Green Building Standards Code,
K. 2025 California Administrative Code,
L. 2025 California Referenced Standards Code,
M. 2024 International Property Maintenance Code,
N. 1997 Uniform Code for the Abatement of Dangerous Buildings, published by the
International Conference of Building Officials, and
O. 2025 Wildland-Urban Interface Code
are hereby adopted, including chapters and sections not otherwise adopted by agencies of the
State of California, and the appendices thereto as the buildings, construction, and fire prevention
regulations of the City of Morro Bay. The provisions of the above-mentioned are hereby referred
to, adopted, and made a part hereof as if fully set out in this title except as modified hereinafter.
14.01.030 - Building Official and Fire Chief Designated.
The City’s community development director is hereby designated as the building official and
building code official for the City of Morro Bay. The fire chief is hereby designated as the Fire
Code Official for the City of Morro Bay. Where the “authority having jurisdiction” is used in the
adopted codes, it shall mean the building official or the fire chief, as applicable.
Ordinance No. 673
Page 5 of 23
Chapter 14.02
ADMINISTRATION AND ENFORCEMENT
Sections:
14.02.010 Administration and Enforcement.
14.02.020 Modification of Division II of Chapter 1 of the California Building Code.
14.02.010 - Administration and Enforcement.
The administration and enforcement of this title shall be in accordance with Division II of
Chapter 1 of the California Building Code as adopted, modified, amended, and supplemented
herein.
14.02.020 - Modifications of Division II of Chapter 1 of the California Building Code.
The California Building Code, adopted in Section 14.01.020, is hereby modified, amended, and
supplemented as follows:
A. Amend Section 103.1 to read as follows:
103.1 Creation of Enforcement Agency. The Building Division of the Community
Development Department of the City of Morro Bay is hereby created and the official
in charge thereof shall be known as the Building Official. Where reference is made to
the Authority Having Jurisdiction or Code Official in the adopted Codes, it shall
mean the Building Official.
B. Add Section 104.8.2 to read as follows:
104.8.1 Liability or Responsibility due to Error or Omission. This title shall not be construed so
as to impose upon the City, or upon any of its officials or employees, any liability or
responsibility for injury or damage resulting from any work approved or performed with respect
to this title, or by reason of any inspection performed hereunder. No person shall be relieved of
the responsibility of compliance with this title because of an error or omission made by a city
official or employee.
C. Add Section 104.9.2 to read as follows:
104.9.2 Cargo Containers, Rail Cars, and Vehicle Bodies. Any person who intends to
bring into the City or otherwise use, alter or relocate within the City any cargo
container, streetcar, boxcar, refrigerator car, motorbus body or similar vehicle body
for the purpose of use or occupancy, shall first make application to the Building
Official and obtain the required permit. The application shall demonstrate the
proposed use, occupancy, structure, construction, and alteration will conform to the
provisions of this title.
Ordinance No. 673
Page 6 of 23
D. Amend Section 109.2 to read as follows:
109.2 Schedule of permit fees. Permit fees shall be as prescribed in the City’s Master
Fee Schedule.
E. Amend Section 113 to read as follows:
SECTION 113
BOARD OF APPEALS
113.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the Building Official relative to the application and
interpretation of the technical provisions this code, there shall be and is hereby
created a board of appeals. The board of appeals shall be appointed by the City
Council and hold office at its pleasure. The Building Official shall be an ex officio
member and shall act as secretary to the board but shall have no vote upon any matter
before the board. The board shall adopt rules of procedure for conducting its
business.
The board of appeals shall also serve as the Local Appeals Board, Housing Appeals
Board, and Accessibility Appeals Board, as defined in Health and Safety Code §
17920.5, 17920.6 and 19957.5.
113.2 Limitations on authority. An application for appeal shall be based on a claim
the true intent of this code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not fully apply, or an equally
good or better form of construction is proposed. The board shall have no authority to
waive requirements of this code, nor shall the board have any authority relative to the
administration of this code.
113.3 Qualifications. The board of appeals shall consist of five members who are
qualified by experience and training to pass on matters pertaining to the appeal and
are not employees of the City. Two members of the board of appeals shall be
physically handicapped, two members shall be persons experienced in construction,
and one member shall be a public member.
113.4 Appointment. Upon receipt by the Building Official, of a qualified application
for appeal, the Building Official shall within 60 days, recommend to the City Council
five persons who, based on their qualifications and experience, appear to be suited to
hear and decide the appeal. Upon finding those individuals indeed appear to be
qualified to hear and deciding the appeal, the City Council shall appoint those persons
and they shall be known as the Board of Appeals and shall have the authority and be
tasked with the duties thereof for the purposes of hearing and deciding that specific
appeal.
Ordinance No. 673
Page 7 of 23
F. Amend Section 114.4 to read as follows:
114.4 Violation Penalties. Any person who violates a provision of this code or fails
to comply with any of the requirements thereof or who erects, constructs, alters,
extends, repairs, moves, removes, demolishes or occupies any building, structure, or
equipment in violation of the approved construction documents, a directive of the
Building Official, or of a permit or certificate issued under the provisions of this
Code, shall be subject to fines and penalties as established in Title 1 of the MBMC, in
addition to other penalties as prescribed by law.
Chapter 14.03
BUILDING CODE
14.03.010 - Modifications of the California Building Code.
The California Building Code, adopted in Section 14.01.020, is hereby modified, amended, and
supplemented as follows:
A. Adopt appendices H, I and J. Delete appendices A, B, C, D, E, F, G, K, L, M, N, O and
P.
B. Amend section 1808.1 (Foundations) and adopt section 1808.1.1 which shall have the
same force and effect as if printed here in its entirety and is hereby modified, amended,
and supplemented as follows:
1808.1.1 Foundation setback verification. Prior to the placement of concrete and upon
completed form installation, a licensed surveyor is required to measure and record the
distance from the proposed foundation walls to the established lot lines. The contractor
shall submit these findings in letter format to the building inspector upon the request for a
foundation inspection. Letter shall specify the findings of front, sides and rear yard
setbacks as defined in Title 17 of the MBMC.
C. Amend section 2304.8.2 (Structural Roof Sheathing) and adopt section 2304.8.2.1 which
shall have the same force and effect as if printed here in its entirety and is hereby
modified, amended, and supplemented as follows:
2304.8.2.1 Building height verification. Prior to roof sheathing or shear wall inspection, a
licensed surveyor is required to measure and record the height of the structure. The
contractor shall submit this finding in letter format to the building inspector upon the
request for roof sheathing/shear wall inspection. Letter shall specify the recorded height
of structure as defined in Title 17 of the MBMC.
D. Amend Appendix J section J103.1 (Permits Required) and adopt section J103.1.1 which
shall have the same force and effect as if printed here in its entirety and is hereby
Ordinance No. 673
Page 8 of 23
modified, amended, and supplemented as follows:
8. An excavation below finished grade for basements and footings of a building, retaining
wall or other structure authorized by a valid building permit. This shall not exempt any
fill made with the material from such excavation or exempt any excavation having an
unsupported height greater than 5 feet (1524 mm) after the completion of such structure.
9. An excavation that (1) is less than 2 feet (610 mm) in depth or (2) does not create a cut
slope greater than 5 feet (1524 mm) in height and steeper than 1 unit vertical in 1 ½ units
horizontal (66.7% slope).
10. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a slope
flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 3 feet (914 mm)
in depth, not intended to support structures, that does not exceed 50 cubic yards (38.3
m3) on any one lot and does not obstruct a drainage course.
Chapter 14.04
RESIDENTIAL CODE
14.04.010 - Modifications of the California Residential Code.
The California Residential Code, adopted in Section 14.01.020, is hereby modified, amended,
and supplemented as follows:
A. Delete Division II of Chapter 1. Administration and Enforcement of the Residential
Code shall be as set forth in the California Building Code, as modified, amended and
supplemented by Chapter 14.02 of this code. Fees shall be as prescribed in the City’s
Master Fee Schedule.
B. Adopt Appendices AH, AS, AT and AX. Delete Appendices AA, AB, AC, AD, AE, AF,
AG, AI, AJ, AK, AL, AM, AN, AO, AP and AQ, AR, AV, AW, AX, AY, AZ.W.
C. Amend Section R313.1 and R313.2 to read as follows:
R313.1 Townhouse and One- and Two-family dwellings automatic fire sprinkler systems. An
automatic residential fire sprinkler system shall be installed in all new townhouses and one and
two family dwellings, and in all existing townhouses and one and two family dwellings where
alteration results in an increase in floor area in excess of 50 percent, or 300 square feet. This
section shall be applicable to mobile homes and factory-built housing not located in a mobile
home or special occupancy park.
R313.2 Determination of Floor Area. For the purposes of this section, floor area shall be defined
as the area within the exterior walls of the building under consideration. The floor area of a
Ordinance No. 673
Page 9 of 23
building, or portion thereof, not provided with surrounding walls, shall include the usable area
under the horizontal projection of the roof or floor above.
For the purposes of this section, buildings shall be considered separate when:
1. The fire separation distance as defined in CBC Sec. 705.5 is not less than that
permitted in CBC Table 705.5 and 705.8 where unprotected openings are allowed in
an exterior wall of a non-sprinklered building, or
2. The buildings are structurally independent, the adjoining walls are constructed of fire-
resistant construction as prescribed in CBC Table 705.5 without openings or
penetrations, projections comply with CBC Section 705.2, and parapets are
constructed where required by CBC Section 705.11.
D. Add Section R313.3.3.5 to read as follows:
R313.3.3.5 Waterflow Alarm. A local waterflow alarm and remote inspector’s test valve,
installed in accordance with NFPA 13, shall be installed on all sprinkler systems.
E. Amend Section R105.2 (Work exempt from permit), No. 3, to read as follows:
3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the
footing to the top of the wall, unless supporting a surcharge or a sloping backfill. Retaining walls
supporting a surcharge or a sloping backfill exceeding 20%, require calculations and plans
signed by a registered civil or structural engineer.
Chapter 14.05
ELECTRICAL CODE
14.05.010 - Modifications of the California Electrical Code.
The California Electrical Code, adopted in Section 14.01.020, is hereby modified, amended, and/
or supplemented as follows:
A. Delete annexes A, B, C, D, E, F, G, H, I, and J. Administration and Enforcement of the
Electrical Code shall be as set forth in the California Building Code as modified,
amended and supplemented by Chapter 14.02 of this code. Fees shall be as prescribed in
the City’s Master Fee Schedule.
B. Amend Article 230-70(A)(1) to read as follows:
230-70(A)(1) Readily Accessible Location. A service disconnecting means shall be installed
at a readily accessible location either outside the building or structure, or inside nearest the
Ordinance No. 673
Page 10 of 23
point of entrance of the service conductors.
The disconnecting means shall be accessible to emergency personnel, either directly or by a
remote actuating device, without requiring travel through the building interior.
Chapter 14.06
MECHANICAL CODE
14.06.010 - Modifications of the California Mechanical Code.
The California Mechanical Code, adopted in Section 14.01.020, is hereby modified, amended,
and/ or supplemented as follows:
A. Delete Division II of Chapter 1. Administration and Enforcement of the Mechanical
Code shall be as set forth in the California Building Code as modified, amended and
supplemented by Chapter 14.02 of this code. Fees shall be as prescribed in the City’s
Master Fee Schedule.
B. Adopt appendices A, B, C, D, E, F, G, and H.
Chapter 14.07
PLUMBING CODE
Sections:
14.07.010 - Modifications of the California Plumbing Code.
14.07.020 - Retrofitting with water-saving devices required.
14.07.030 - Required sewer backwater valve.
14.07.010 - Modifications of the California Plumbing Code.
The California Plumbing Code, adopted in Section 14.01.020, is hereby modified, amended, and
supplemented as follows:
A. Delete Division II of Chapter 1. Administration and Enforcement of the Plumbing Code
shall be as set forth in the California Building Code as modified, amended and
supplemented by Chapter 14.02 of this code. Fees shall be as prescribed in the City’s
Master Fee Schedule.
B. Adopt Appendix K. Delete appendices A, B, C, D, E, F, G, H, I, J, and L.
Ordinance No. 673
Page 11 of 23
C. Amend Section 710.1 to read as follows:
710.1 A Backwater Valve, extended to and accessible from grade for maintenance, shall
be installed on every Building Sewer.
Exception: In new construction, plumbing fixtures installed on a floor level that is above
the next upstream manhole cover elevation shall not discharge through the required
backwater valve.
D. Amend Section 713.0 to read as follows:
713.0 Sewer Required.
713.1 Every building in which plumbing fixtures are installed and every premises having
drainage piping thereon shall have a connection directly to a public or private sewer.
713.2 Private Sewage Disposal Systems shall not be permitted.
14.07.020 - Retrofitting with water-saving devices required.
A. Every property owner, prior to the sale or transfer of any real property upon which is
located any structure connected to the city’s water supply shall retrofit the structure with
the water-saving devices required for new construction as set forth in this title. In cases
where the Building Official determines the use of such fixtures in existing structures
would fail to meet the requirements of the Plumbing Code, fixtures using the least
amount of water which do meet the requirements of the Plumbing Code shall be utilized.
B. In cases where a buyer intends to demolish all structures on such property within ninety
days from the date of transfer, the structure need not be retrofitted prior to transfer;
provided a covenant and a bond are filed with the city as follows:
1. The property owner shall file with the city clerk a notarized covenant agreeing to
either demolish all structures located on the property connected to the city water
system, within ninety days from the date of transfer or to perform the retrofit
required in subsection A of this section, together with a faithful performance
bond, in a form satisfactory to the city in an amount equal to one hundred and
fifty percent of the full cost of retrofitting all such structures securing faithful
performance of the agreement.
2. The agreement shall also authorize and grant the city permission to enter onto the
property and to perform such retrofits in the event that property owner fails to do
so. Further, the property owner shall agree to reimburse the city for all cost
incurred by the City in the event the bond is insufficient.
C. Determination of compliance with the requirements of subsection A shall be made by the
Building Official after an inspection performed by the Building Official or a qualified
Ordinance No. 673
Page 12 of 23
plumbing contractor under the supervision of the Building Official, who shall issue a
certificate indicating same to the seller or title company involved. Seller shall pay the fee
set forth in the Master Fee Schedule for such retrofit inspection at the time seller submits
the request for the retrofit inspection. No property transfer shall be recorded until such
certificate has been received by the seller and transferred with the title to the buyer. If
noncompliance is found, the property owner (both seller and buyer) and any title
company involved in the transfer shall be in violation of this code and subject to those
penalties as prescribed in Title 1 of this code.
14.07.030 - Required sewer backwater valve.
A. Any existing lateral sewer piping upon any premises which services fixtures whose
elevation is lower than the elevation of the first upstream sewer manhole rim, lamp hole,
or pump station receiving manhole, and for which the city has record of a previous
sewage backflow incident involving a clogged sewer main shall be protected from
backflow of sewage by installing backwater valves of a type approved by the Building
Official. The property owner shall be required to provide and install such device.
B. If the property owner fails to install and maintain a backwater valve in good working
condition when required under this section, then the Building Official may declare said
sewer connection to be a nuisance and abate such nuisance pursuant to Section 8.12.010
et seq. of this code by installing an approved-type backwater valve at the owner’s
expense. Said property owner may, in addition, be subject to fines as outlined in
subsection E of this section.
C. All house connection sewers, industrial sewers, private sewage disposal systems and
appurtenances thereto, now existing, or hereafter constructed, shall be maintained by the
owner of the property in a safe and sanitary condition and all devices or safeguards which
are required by this section for the operation thereof shall also be maintained in a good
working order by the owner. It shall be the property owner’s responsibility to maintain
that portion of the sewer to the public main, including the connection to the public main.
D. The Public Works Director, the health officer, and other duly authorized employees of
the city and the health department bearing proper credentials and identification shall be
permitted to enter all properties for the purposes of inspection, observation, measurement,
sampling, and testing in accordance with the provisions of this section. The Public Works
Director, the health officer, or their representatives shall have no authority to inquire into
any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other
industries beyond that point having a direct bearing on the kind and source of discharge
to the sewers or waterways of facilities for waste treatment.
E. Violations and Penalties. Any person who is convicted of violation of any provisions of
this section is guilty of an infraction punishable as provided in Chapter 1.16 of this code.
Ordinance No. 673
Page 13 of 23
Chapter 14.08
FIRE CODE
Sections:
14.08.010 - Purpose.
14.08.020 - Bureau of fire prevention.
14.08.030 - Fire district established.
14.08.040 - Penalties for turning in false alarms.
14.08.050 - Fire injury report.
14.08.060 - Storage of gasoline driven vehicles.
14.08.070 - Citation powers.
14.08.080 - Fire Hazard Severity Zones
14.08.090 - Modifications of the California Fire Code
14.08.010 - Purpose.
This chapter shall be known and may be cited as “The Fire Prevention Regulations of the City of
Morro Bay,” Chapter 14.08 of Title 14 of the Morro Bay Municipal Code. This chapter
prescribes minimum regulations to reduce and minimize the potential for loss of and damage to
life and property resulting from fire, panic, hazardous materials, and explosions.
14.08.020 - Bureau of fire prevention.
The California Fire Code shall be enforced by the fire department or building division of the
Community Development Department under the supervision of the Fire Chief.
14.08.030 - Fire district established.
The entire incorporated area of the city is declared to be and is established a fire district.
14.08.040 - Penalties for turning in false alarms or for conviction of intentionally setting a
fire.
Individuals responsible for turning in false alarms shall be responsible for the cost the fire
department incurs while responding to the alarm. The cost of the false alarm shall be determined
in accordance with the master fee schedule. The intent of this section is not to penalize those
persons who make honest mistakes. Persons convicted of intentionally setting a fire in violation
of any law or ordinance within the city limits shall pay the cost of fighting that respective fire.
14.08.050 - Fire injury report.
Any physician, first aid station, ambulance company or persons who treat or aid any person
injured by a fire, explosion or chemical burn within the City shall, within twenty-four hours,
report such treatment and pertinent information to the fire department.
Ordinance No. 673
Page 14 of 23
14.08.060 - Storage of gasoline driven vehicles.
No one shall store, repair or use any motorcycle, moped or any other gasoline driven vehicle
inside of any dwelling. Storage and repair of gasoline driven vehicles are permitted in garage
areas adjacent to dwellings.
14.08.070 - Citation powers.
The Morro Bay Fire Chief (Fire Chief), Fire Marshal and full-time safety members of the Fire
Department authority to issue citations as provided in Title 1 of this code. Arson investigators
who are full-time members of the Fire Department shall have the powers of a peace officer in
performing their duties under this Code, and shall have the powers of a peace officer as provided
in California Penal Code, Sections 830.37.
14.08.080 - Fire Hazard Severity Zones.
A. Purpose and Intent. The purpose of this chapter is to provide authority for the
identification of local fire hazard severity zones and provide authority for enforcement of
state and local codes in these zones. The intent of this chapter is to reduce the potential
for fire losses by providing minimum requirements for the protection of properties
constructed in very high hazard severity zones and other wildland/urban interface areas
designated by the fire chief and supported by substantial evidence.
B. Designation—Recommendation. The Fire Chief is hereby authorized to designate
Moderate, High Very, and High Fire Hazard Severity Zones within one hundred twenty
days of receiving recommendations from the California State Fire Marshal.
C. Designation—Not Identified. The Fire Chief may designate areas not identified as
Moderate, High, or Very High Fire Hazard Severity Zones by the California State Fire
Marshal following a finding supported by substantial evidence in the record that the
requirements for designation as Moderate, High, or Very High Fire Hazard Severity
Zones are necessary for effective fire protection within the area(s).
D. Supported by Substantial Evidence in the Record. "Supported by substantial evidence in
the record" shall require the city council to hold a public hearing and make findings there
is competent substantial evidence in the record to support the Fire Chief's designation as
fire hazard areas.
E. Enforcement. The building official and or Fire Marshal shall enforce the provisions of
2025 Wildland Urban Interface Code in all High and Very High Fire Hazard Severity
Zones and other areas designated by the Fire Chief and supported by substantial evidence
in the record.
F. Permits. All submittals for subdivision, entitlement, or building permits shall demonstrate
that the proposed project allows for compliance with the provisions of Government Code
Section 51182 and Public Resource Code Section 4291, except where otherwise allowed
by law, to the satisfaction of the fire chief and the building official.
G. Defensible Space. Per Government Code 51182 properties located within a Very High
Fire Hazard Severity Zone are subject to a 100-foot defensible space requirement where
applicable.
Ordinance No. 673
Page 15 of 23
H. Maps. The adopted Local Responsibility Area Fire Hazard Severity Zone map for the
City of Morro Bay will be kept on file with the City Clerk and available on the city
website.
I. Parcels with two or more Zone designations. If a parcel is designated to have two or more
Fire Hazard Severity Zones the requirements of the more restrictive zone shall apply.
14.08.090 - Modifications of the California Fire Code.
The California Fire Code, adopted in Section 14.01.020, is hereby modified, amended, and/ or
supplemented as follows:
A. Adopt Appendix Chapter 4 and appendices B, BB, C, CC, D, H, I, K, and N. Delete
appendices A, E, F, G and J.
B. Section 101.1 is amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Fire Code of the City of
Morro Bay.
C. Section 103.1 is amended to read as follows:
Section 103.1 General. The Fire Department of the City of Morro Bay is hereby
established and the person in charge thereof shall be known as the Fire Chief. Where the
Code uses the term Fire Official, it shall mean the Fire Chief.
D. Section 113.2 is amended to read as follows:
113.2 Schedule of permit fees. Fees shall be paid in accordance with the City’s Master
Fee Schedule.
E. Section 302.1, “Definitions,” is amended to add the following definition in correct
alphabetical order:
SKY LANTERN. An airborne lantern typically made of paper with a wood frame
containing a candle, fuel cell composed of waxy flammable material or other open flame
which serves as a heat source to heat the air inside the lantern to cause it to lift into the
air. Sky candles, fire balloons and airborne paper lanterns mean the same as sky lanterns.
F. Section 507.5.4 is amended to read as follows:
507.5.4 Obstruction. Unobstructed access to fire hydrants shall be maintained at all times.
The fire department shall not be deterred or hindered from gaining immediate access to
fire protection equipment or fire hydrants.
Ordinance No. 673
Page 16 of 23
The Fire Chief shall have the authority to remove or cause to be removed, without notice,
any vehicle, vessel, or object that is in violation of this section. The owner of said item,
so removed, shall be responsible for all towing, storage, or other costs incurred therein.
G. Section 308.1.1.1 is added to read as follows:
308.1.1.1 Burning Prohibited. Open burning, bon fires, recreational fires, and all other
outdoor fires are prohibited.
Exception:
Barbeques and portable outdoor fireplaces that conform with the following provision are
allowed.
1. Fires shall be conducted at a safe distance from and in accordance with the applicable
manufacturer’s instructions to prevent the spread of fire to a minimum of 15 feet from
adjacent structures or other combustible materials.
2. Fire shall be contained in a non-combustible container, not to exceed 3 feet in
diameter and 2 feet in height.
3. Portable fireplaces and fire pits not fueled by natural gas or propane must be equipped
with a spark arrestor while in use. Spark arrestors shall be constructed of wire mesh
with openings of ¼” or less.
4. Fuel loading shall not exceed 3 feet in diameter or 2 feet in height.
5. Fire shall be fueled by propane, natural gas, charcoal, dried wood, commercial fire
logs, or pellets. Fuels shall not include green waste, yard trimmings, pressure treated
wood, trash, plastic, or other noxious or hazardous materials.
6. Ground fires, sub-surface or pit fires, and earth floored fire rings are prohibited.
7. If in the opinion of the Fire Chief or his or her designee, a fire is potentially
hazardous or smoke is causing a nuisance, the fire shall be extinguished immediately.
H. Section 308.1.6.3 is amended to read as follows:
308.1.6.3 Sky Lanterns. The ignition and launching of sky lanterns is prohibited.
Exception: The ignition and launching of sky lanterns may be allowed, subject to the
approval of a permit by the Chief, where it has been determined that adequate safeguards
will be in place.
I. Section 511 is added to read as follows:
Ordinance No. 673
Page 17 of 23
SECTION 511
FIRE SERVICE ELEVATOR
511.1 Elevator car to accommodate ambulance stretcher. Where elevators are provided,
at least one elevator shall be provided for fire department emergency access to all floors.
The elevator car shall be of such a size and arrangement to accommodate an ambulance
stretcher 24 inches by 84 inches with not less than 5-inch radius corners, in the
horizontal, open position and shall be identified by the international symbol for
emergency medical services (star of life). The symbol shall not be less than 3 inches high
and shall be placed inside on both sides of the hoistway door frame.
Exception: Elevators located within one- and two-family dwellings and townhouses.
J. Section 901.4.7 is added to read as follows:
901.4.7 Partial Sprinkling of Buildings. Partial sprinkling of buildings shall not be
permitted, except where otherwise allowed by NFPA 13R, 13D, and Section 903.3.1.1.1.
K. Delete Sections 903.2 through 903.2.1.4 and 903.2.2 through 903.2.10.1.
L. Add Section 903.2 to read as follows:
903.2 Where Required. An approved automatic fire sprinkler system shall be installed
throughout:
1. In all new buildings and structures with more than Zero (0) square feet regardless of
type or use.
2. In all new buildings and structures with more than Zero (0) square feet regardless of
type or use, on the west side of the Embarcadero Road.
3. In additions or alterations of floor area for all buildings or structures as follows:
a. Throughout structures where additions to existing buildings and substantial remodels
more than 50% of the existing floor area is in excess of 500 square feet;
ALTERATION OF FLOOR AREA: "For the purpose of this definition, the following
criteria shall be considered in determining the percentage of "alteration of floor area."
The 50% referred to under "Substantial Remodel" applies to the entire building's gross
floor area in plain view. The entire room or space where the remodel is taking place will
be considered in the calculation, either alone or in combination with any of the following:
a. Removing wall finishes and exposing framing of; Interior wall (where finishes are
removed from one side only the room or space to which the framing is exposed will be
included in the calculation). Perimeter exterior wall (one or both sides).
Ordinance No. 673
Page 18 of 23
b. new wall construction, removing, or repositioning, either interior or perimeter exterior
walls, the rooms, or spaces on both sides of the wall will be included in the calculation.
c. Removal of the ceiling in any room or space to expose rafters, trusses, beams, purlins,
or floor joists.
d. Removal of the roof structure (only rooms or spaces that are directly below the
removed roof structure will be included in the calculation).
e. Removal of floor finishes which exposes floor framing and/or removal of concrete
f. Relocating plumbing fixtures in a bathroom or kitchen will cause that entire room or
space to be included in the calculation.
g. other alterations considered substantial by the Fire Code Official.
Exceptions:
a. group R-3 and U occupancies
903.2.1 Where Required. An approved automatic fire sprinkler system shall be installed
throughout:
1. In all new R-3 and U occupancies private garages and carports accessory to:
a. Including all attached structures;
b. Including all structures within 10 feet.
2. In additions or alterations of floor area for all buildings or structures as follows:
a. Throughout structures where additions is in excess of 300 square feet and substantial
remodels more than 50% of the existing floor area;
ALTERATION OF FLOOR AREA: "For the purpose of this definition, the following
criteria shall be considered in determining the percentage of "alteration of floor area."
The 50% referred to under "Substantial Remodel" applies to the entire building's gross
floor area in plain view. The entire room or space where the remodel is taking place will
be considered in the calculation, either alone or in combination with any of the following:
a. Removing wall finishes and exposing framing of; Interior wall (where finishes are
removed from one side only the room or space to which the framing is exposed will be
included in the calculation). Perimeter exterior wall (one or both sides).
Ordinance No. 673
Page 19 of 23
b. new wall construction, removing, or repositioning, either interior or perimeter exterior
walls, the rooms, or spaces on both sides of the wall will be included in the calculation.
c. Removal of the ceiling in any room or space to expose rafters, trusses, beams, purlins,
or floor joists.
d. Removal of the roof structure (only rooms or spaces that are directly below the
removed roof structure will be included in the calculation).
e. Removal of floor finishes which exposes floor framing and/or removal of concrete
f. Relocating plumbing fixtures in a bathroom or kitchen will cause that entire room or
space to be included in the calculation.
g. other alterations considered substantial by the Fire Code Official.
Exception:
Installation of an automatic fire sprinkler system shall not be required when, to the
satisfaction of the Fire Chief and the Building Official, it is demonstrated the proposed
construction, use, and occupancy are minor in scope and nature, the installation of an
automatic fire sprinkler system would be impractical, and the intent and purpose of this
section is otherwise met.
M. Amend Section 903.3.1.1 to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where other provisions of this code require a
building or portion thereof be equipped throughout with an automatic sprinkler system in
accordance with this section, or where a building contains two or more occupancies or
uses, sprinklers shall be installed throughout in accordance with NFPA 13 as amended in
Chapter 47 except as provided in Section 903.3.1.1.1.
N. Section 3604.1 is amended to read as follows:
3604.1 General. Piers, marinas, docks, fuel docks, wharves and similar boat mooring
facilities shall be equipped with fire protection equipment in accordance with Section
3604.1 through 3604.6 and as otherwise required by the Chief.
O. Section 5609 is added to read as follows:
SECTION 5609.1
SALE AND USE OF FIREWORKS
5609.1 Sale and Use of Fireworks Unlawful. The sale or use of fireworks, pyrotechnics, and
others explosives shall be unlawful.
Ordinance No. 673
Page 20 of 23
Exceptions:
1. Public fireworks displays may be allowed, subject to the approval of a permit by the Fire
Chief.
2. Pyrotechnics for use in movie industry operations may be allowed, subject to the
approval of a permit by the Fire Chief.
3. This section shall not apply to the sale and use of State Fire Marshal approved and listed
party poppers and snap caps.
4. Any person violating this provision will be guilty of a misdemeanor and subject to a
$1,000 fine for each offense.
5. Notwithstanding any other provision of this code, any Morro Bay Police Officer may
issue an administrative citation for a first offense without first issuing a warning; and the
administrative fine shall be $1,000 for each offense.
Chapter 14.09
EXISTING BUILDING CODE
14.09.010 - Modifications of the California Existing Building Code.
The California Existing Building Code, adopted in Section 14.01.020, is hereby modified,
amended, and supplemented as follows and shall be the technical strengthening provisions for
buildings subject to Chapter 14.18 of this title:
Amend Section 505.3 Replacement window emergency escape and rescue openings. to read as
follows:
Where windows are required to provide emergency escape and rescue openings, replacement
windows shall comply with the maximum sill height requirements of section R310.2.3 and the
minimum opening area requirements of sections R310.2.1, and R310.2.2.
Chapter 14.10
RESERVED
Ordinance No. 673
Page 21 of 23
Chapter 14.11
HOUSING CODE
14.11.010 - Modifications of the International Property Maintenance Code.
The 2021 International Property Maintenance Code, adopted in Section 14.01.020, shall have the
full force and effect as if printed here in its entirety and is hereby modified, amended, and/ or
supplemented as follows:
A. Amend Section 101 to read as follows:
SECTION 101.2.1-SCOPE
101.2.1 Where any building or portion thereof is used or intended to be used as a combination
apartment house- hotel, the provisions of this code shall apply to the separate portions as if they
were separate buildings.
101.2.2 Rooming houses, congregate residences or lodging houses shall comply with all
requirements of this code for structures.
Chapter 14.12
DANGEROUS BUILDINGS CODE
14.12.010 – Modifications of the Uniform Code for Abatement of Dangerous Buildings.
The 1997 Uniform Code for the Abatement of Dangerous Buildings, adopted in Section
14.01.020, shall have the full force and effect as if printed here in its entirety and is hereby
modified, amended, and/ or supplemented as follows:
A. Amend Section 103 to read as follows:
SECTION 103- ALTERATIONS, ADDITIONS AND REPAIRS
All buildings or structures which are required to be repaired under the provisions of this
code shall be subject to the provisions of Chapter 34 of the Building Code.
B. Amend the following definitions, located in Section 301, to read as follows:
BUILDING CODE is the California Building Code, as adopted and amended by this title.
HOUSING CODE is the 1997 Uniform Housing Code, as adopted and amended by this title.
Ordinance No. 673
Page 22 of 23
SECTION 3. This Ordinance shall take effect January 1, 2026. The City Clerk, or her
duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause this Ordinance
to be published and posted in the manner required by law.
SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each
section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared
invalid or unconstitutional.
INTRODUCED at a regular meeting of the City Council of Morro Bay, held on the 28th
day of October 2025 by motion of Councilmember Eckles and seconded by Councilmember
Luffee.
PASSED AND ADOPTED on the 12th day of November 2025, by the following vote:
AYES: Wixom, Eckles, Edwards, Landrum, Luffee
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
____________________________
CARLA WIXOM, Mayor
ATTEST:
______________________________
DANA SWANSON, City Clerk
APPROVED AS TO FORM:
_____________________________________
BRIAN STACK, City Attorney
Brian Stack (Nov 13, 2025 14:03:40 PST)
Brian Stack
Carla Wixom (Nov 13, 2025 14:05:39 PST)
Carla Wixom
Ordinance No. 673
Page 23 of 23
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
CITY OF MORRO BAY )
I, Dana Swanson, City Clerk for the City of Morro Bay, California, do hereby certify that the
foregoing Ordinance No. 673 was duly passed and adopted by the City Council of the City of Morro Bay at
the regular meeting thereof, held on the 12th day of November 2025, by the following vote:
AYES: Wixom, Eckles, Edwards, Landrum, Luffee
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: None
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of
Morro Bay, California, this day of , 2025.
______________________________
DANA SWANSON, City Clerk
November13th
Ord 673 2025 Building Code Update
Final Audit Report 2025-11-13
Created:2025-11-13
By:Heather Goodwin (hgoodwin@morrobayca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAyyOVvuSkLrBA9-I3kaBkKwqUCEzLhU_b
"Ord 673 2025 Building Code Update" History
Document created by Heather Goodwin (hgoodwin@morrobayca.gov)
2025-11-13 - 9:59:37 PM GMT
Document emailed to bstack@morrobayca.gov for signature
2025-11-13 - 10:02:10 PM GMT
Email viewed by bstack@morrobayca.gov
2025-11-13 - 10:02:48 PM GMT
Signer bstack@morrobayca.gov entered name at signing as Brian Stack
2025-11-13 - 10:03:38 PM GMT
Document e-signed by Brian Stack (bstack@morrobayca.gov)
Signature Date: 2025-11-13 - 10:03:40 PM GMT - Time Source: server
Document emailed to cwixom@morrobayca.gov for signature
2025-11-13 - 10:03:42 PM GMT
Email viewed by cwixom@morrobayca.gov
2025-11-13 - 10:05:04 PM GMT
Signer cwixom@morrobayca.gov entered name at signing as Carla Wixom
2025-11-13 - 10:05:37 PM GMT
Document e-signed by Carla Wixom (cwixom@morrobayca.gov)
Signature Date: 2025-11-13 - 10:05:39 PM GMT - Time Source: server
Document emailed to Dana Swanson (dswanson@morrobayca.gov) for signature
2025-11-13 - 10:05:40 PM GMT
Email viewed by Dana Swanson (dswanson@morrobayca.gov)
2025-11-13 - 10:18:02 PM GMT
Document e-signed by Dana Swanson (dswanson@morrobayca.gov)
Signature Date: 2025-11-13 - 10:19:05 PM GMT - Time Source: server
Agreement completed.
2025-11-13 - 10:19:05 PM GMT