The Malibu City Council adopted updated building standards following an extended debate over local authority to modify state construction requirements, with new codes aimed at protecting structures from earthquakes and wildfires.
The council approved Ordinance No. 531 on Jan. 12, incorporating the 2025 edition of California Building Standards Code with local amendments tailored to Malibu's seismic risks, fire hazards and environmental conditions. The ordinance affects all new construction and major renovations beginning 30 days after adoption.
The meeting featured considerable discussion about the city's discretion in implementing building codes, with Mayor Pro Tem Bruce Silverstein pressing staff on whether local governments must simply rubber-stamp state requirements.
"We're told all the time we don't have any discretion," Silverstein said, reading from the staff report. "This says very clearly we actually could, if we chose to, and we had bases for doing so, make amendments."
Community Development Director Yolanda Bundy explained that while state building codes apply automatically throughout California, local jurisdictions typically adopt them by reference to incorporate additional amendments addressing local conditions.
"The city must adopt state minimums, but the ordinance included specific local amendments that are more restrictive than state standards, such as requirements for low-flow toilets," Bundy said.
State law requires local amendments be based on findings that modifications are reasonably necessary due to climatic, geological or topographical conditions. Malibu's amendments cite the city's vulnerability to earthquakes, wildfire risk in Fire Hazard Severity Zones, water scarcity and coastal environmental concerns.
The debate intensified when Silverstein questioned whether the city could adopt different standards for fire rebuilds versus new construction, potentially exempting disaster victims from more stringent county amendments while still requiring compliance with state minimums.
"If we adopt this tonight, we would be creating a code that is more stringent than the state code that would otherwise apply by default to those rebuilds," Silverstein said, referring to potential future fires without executive orders exempting them.
Bundy explained that state building codes currently allow recent fire victims to rebuild under 2023 codes due to a governor's executive order. The state governor provided an executive order allowing fire rebuilds to rebuild under the 2023 code, she said. However, properties damaged in earlier fires, such as the 1993 Topanga fire, must comply with current 2026 requirements if owners decide to rebuild.
City Attorney Trevor Rusin cautioned against creating separate building standards without proper analysis. "I wouldn't want to just on the fly, put that through," Rusin said regarding a proposed fire rebuild exemption.
Bundy emphasized that dividing building code requirements by population type would violate state law. "You cannot divide," she said. "The statement on Chapter One is state this applies to every single new construction, even if it's a fire rebuilt."
Silverstein expressed frustration with the presentation process, saying council members were not given detailed explanations of individual amendments. "These aren't things we were presented with. Why are we doing this one? Does this one make sense? Are there alternatives to what's being proposed that we could be doing?" he said.
Mayor Marianne Riggins raised concerns about the potential confusion from different standards. "You're really going to create an environment of uncertainty, because people aren't going to know which ones staff is going to have. Okay, what date did this happen? Which code do I get here, and the consistency and the resale?" Riggins said.
The new codes include amendments addressing multiple local hazards. Fire-related provisions prohibit wood-shake roofs and require Class A roof coverings in high fire severity zones. Seismic safety measures mandate minimum reinforcement in continuous footings, restrict certain foundation types and require structural observation during construction.
Water conservation measures reflect the region's scarcity, requiring more efficient fixtures and graywater system provisions. The codes also establish requirements for electric vehicle charging infrastructure and cool roof standards to address air quality concerns.
Councilmember Doug Stewart noted that many requirements continue from previous code cycles, pointing to a page in the ordinance. "One page here, and it's page 15, the top item, sheer walls. Because we're in a high seismic zone. Need to leave that out. Would be suicide," Stewart said, adding that much of the content continues from prior years.
The ordinance adopts by reference Los Angeles County's versions of state building, electrical, plumbing, mechanical, residential, green building and existing building codes, along with the California Energy Code and Fire Code. Most county codes incorporate amendments developed by the Los Angeles Basin Chapter of the International Code Council to ensure regional consistency.
Bundy told the council that four properties have chosen to comply with the new 2026 codes rather than use the 2023 code exemption available for fire rebuilds.
The county fire code was adopted directly by the city since Los Angeles County has not yet adopted its 2026 version. When Los Angeles County adopts its new fire code, the city will review the amendments and return with a recommendation to either adopt the county fire code by reference or remain with the state code.
The codes take effect 30 days after passage and apply to all projects submitted for plan review or permit applications on or after that date.