Will Building Codes Be Changed, and If So, How Will It Affect Rebuilding After a Fire?

Christy Kim, AIA CASp, and Sara Ehrentreu provide insightful perspectives on the potential changes to building codes and their impact on rebuilding efforts after a fire.

Per Christy Kim, AIA CASp, the answer is yes. California building codes undergo updates every three years, aligned with the International Building Code (IBC). Some cycles bring minor revisions and others introduce more substantial changes. Catastrophic events, such as this, can influence these updates, shaping code requirements to improve safety and resilience. The next code cycle in CA is this year 2025 and will be published mid-2025 so with it already being in progress, this cycle will likely not be impacted, but future cycles may.

Per Sara Ehrentreu, after natural disasters, there is often a focus on more rigidly enforcing adopted building codes. That means there’s potential to sunset any existing grandfather clause for properties that survived the fires and require them to come up to code with adopted Building/Fire-Life Safety Codes in a certain time period. Regarding the prospect of rebuilding, the California Governor issued Executive Order N-4-25, dated January 12, 2025, as the State declared an emergency, which temporarily lifted certain environmental regulations, including the California Environmental Quality Act (CEQA) and Coastal Act requirements, to allow for faster rebuilding and restoration efforts.

As for the enforcement of zoning regulations, the California Law- Government Code 65852.25 explicitly disallows local municipalities from enforcing any ordinance, regulation, or resolution that would prohibit the reconstruction of residential dwellings involuntarily damaged or destroyed by fire or other catastrophic events, or the public enemy. California state law supersedes local municipal ordinances, but local municipalities do have the right to restrict reconstruction/restoration if reconstruction/restoration efforts will be detrimental or injurious to the health, safety, or general welfare; the existing nonconforming use of the building/structure would be more appropriately moved to a zone in which the use is permitted, or that there no longer exists a zone in which the existing nonconforming use is permitted; or if the building is located in an industrial zone.

It’s worth noting that any change in adopted building codes will go through a formal process before they’re codified. It’s important to consult with local building departments and stay updated with recent legislative actions.

Both authors underscore the importance of staying informed about legislative actions and consulting with local building departments.