CHAPTER 5
BUILDING AND HOUSING CODES

Article I. Building Code.

5.1.1 Application.

This chapter is applicable within the city limits of the city of Fairfield. This chapter shall apply to all new construction, alterations, repairs, relocations, or reconstruction of any building or structure or any portion thereof, including any electrical, mechanical, gas, plumbing, or fire protection equipment installed on any property or used on or within any building; including Article III of this chapter as may be applicable. (Ord. No. 2019-08, § 1.)

5.1.2 Purpose and Authority.

The purpose of this article is to adopt by reference, the 2019 edition of the California Building Standards Code, Title 24 of the California Code of Regulations, subject to the definitions, clarifications, and the amendments set forth in this chapter. The purpose of this chapter is also to provide minimum requirements and standards for the protection of the public safety, health, property, and welfare of the city of Fairfield. The ordinance codified in this chapter is adopted under the authority of the California Government Code section 50022.2 and the California Health and Safety Code section 18941.5. (Ord. No. 2019-08, § 1.)

5.1.3. Administration Chapter Added.

Chapter 1, division I and division II of the California Building Code (CBC), volume 1, 2019 edition, is hereby adopted in its entirety, as amended below, as the administrative provisions of Chapter 5 of the Fairfield Municipal Code.

Chapter 1; division II, sections R105.2 through 105.2.2 and R106 of the California Residential Code (CRC), 2019 edition, are additionally hereby adopted, as amended below, as further administrative provisions of this Chapter as applicable to projects subject to the California Residential Code, as defined in section 101.2 of the California Building Code. (Ord. No. 2019-08, § 1.)

5.1.4 Administration Chapter Amended.

Chapter 1, division II of the California Building Code, 2019 edition, and Chapter 1, division II, sections R105.2 through 105.2.2 and R106.1.1 of the California Residential Code, 2019 edition, adopted in section 5.2.7, are hereby amended as set out in sections 5.1.4.1 through 5.1.4.11. (Ord. No. 2019-08, § 1.)

5.1.4.1 Title.

Section 101.1 – Title. Repeal and replace Section 101.1 of the CBC with the following:

These regulations of Chapter 5 of the City of Fairfield shall be known as the City of Fairfield Building and Housing Code, hereinafter referenced to as "this code."

(Ord. No. 2019-08, § 1.)

5.1.4.2 Other Laws.

Section 102.2 – Other laws. The following subsection shall be added to section 102.2 of the CBC:

Section 102.2.1 Conflicts with other laws or rules.

In the event of any conflict between this code and any law, rule or regulation of the State of California, that requirement which establishes the higher standard of safety shall govern. Failure to comply with such standard of safety shall be a violation of this code.

(Ord. No. 2019-08, § 1.)

5.1.4.3 Permits.

Section 105.1 – Required. The following subsection shall be added to section 105.1 of the CBC:

Section 105.1.3 Demolition.

(A)    No wrecking or demolition of any building or structure shall be started until the person who will accomplish such wrecking or demolition has obtained all necessary permits and has complied with all of the provisions of this code.

(B)    Prior to the start of any demolition work on any building or structure, all utilities to such building or structure shall be properly disconnected. Utility disconnection shall be performed or supervised by the proper governmental agency or utility company affected. Sewer laterals shall be capped at the property line and its location marked for identification.

(C)    Prior to the issuance of a building permit or encroachment permit, and the start of any demolition or wrecking work on any building or structure, the wrecker must obtain an Acknowledgment Letter from the Bay Area Air Quality Management District.

(D)    The permittee shall take all necessary precautions to adequately protect adjacent property and its occupants.

(E)    The permittee shall fill all excavations level with adjoining grade not later than ten (10) days after a building or structure is demolished.

(F)    The permittee shall provide all protection necessary to prevent damage to public property and shall be liable for the cost of repair or replacement of all damaged public property, including but not limited to, streets, sidewalks, alleys, street lights, fire hydrants and all other public utilities located on public property.

(G)    All debris, building material and rubbish must be removed from the property not later than ten (10) days after the building or structure is razed.

(H)    All dust resulting from wrecking or demolition operations shall be immediately settled by wetting the same with water of sufficient quantity to prevent the dust from leaving the site of the demolition or wrecking project. Demolition shall be stopped during periods of high winds that carry the dust from the site before it can be settled by wetting. The permittee shall be responsible for maintaining clean public streets during such operation. The permittee must obtain the necessary encroachment permits for any work done on public property. The permittee shall wash off public property to remove all silt and dust. In order to prevent such material from entering the storm drain, the permittee shall properly pond the gutter in order to permit such material to settle, and it shall be then cleaned up and hauled away. This procedure shall be followed in accordance with the requirements and policies of the Public Works Department and the Clean Water Act.

(I)    The permittee shall submit evidence of having liability insurance.

Section 105.1 – Required. The following subsection shall be added to section 105.1 of the CBC:

Section 105.1.4 Moved buildings. No person shall move any building or structure into or within the City, or cause same to be done, without first obtaining from the Building Official a separate permit for each building or structure. Application for each permit shall be made to the Building Official in writing or a form furnished for such purpose. Each application shall contain the following:

(A)    Name and address of the owner of the building.

(B)    The location from which such building is to be moved.

(C)    Recent photographs showing at least three sides of each building.

(D)    The name and address of the person who will actually move the building.

(E)    The location to which such building is to be moved.

(F)    The plot plan of the new location, indicating dimensions and locations of existing and proposed building, yards and setbacks.

(G)    An agreement by the applicant to perform the work necessary to make the building, when relocated, comply with and conform to all applicable building laws of the State and of the City.

(H)    An agreement that the site from which the building or structure is moved will, within a time fixed, be cleared of all garbage, rubbish and waste matter, and leveled or barricaded to eliminate any hazards to persons or property in a manner prescribed by the Building Official.

(I)    Approval from Community Development Department, Planning Division.

(J)    Approval from Public Works Department, Engineering Division.

(K)    Subsections F and G shall not apply when the building or structure is being moved outside the City.

(L)    A permit shall not be issued for the moving of any building or the frame of any building into or upon any public property or right of way of the City unless the permittee has secured public liability insurance and submitted proof of such insurance.

Section 105.2 – Work exempt from permit. Section 105.2 of the CBC shall be amended as follows:

Amend Section 105.2 – Work exempt from permit, subsection Building, item 9 to state:

Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches (457 mm) deep, are not greater than 5,000 gallons, (18,925 L) and are installed entirely above ground.

Add Section 105.2 – Work exempt from permit, subsection Building, item 14 to state:

Repairs to roof covering not exceeding a total of 100 square feet within any 12 month period.

Amend Section R105.2 – Work exempt from permit, to include an additional exemption at the end of the section that states:

Residential Code section 105.2

Where projects are subject to the CRC, as defined in section 101.2 of the CBC, the exemptions in sections R105.2 through R105.2.2 of the CRC may be applied, in addition to the exemptions noted in this section 105.2 of the CBC.

Section 105.3 – Application for permit. The following subsection shall be added to section 105.3.1 of the CBC:

Section 105.3.1.1 – Conditions of issuance. Except as provided in "Exception 1" below, or by City Council action, or by recorded fee deferral agreement between the City and permittee, or meeting the provisions of Section 5.3.3 of the City Code, a building permit shall not be issued for any structure until:

(A) All applicable fees, including, but not limited to, purchase of water meter, construction water, sewer and water connection fees, park and recreation fees, school impact fees, school development fees, school mitigation fees, construction license tax, Solano County facilities fee and those special charges for each facility described in the reimbursement agreements identified in Sec. 6B.6 of the City Code are paid.

(B) Any contractor or subcontractor who applies for permits to do work on said structure holds a current business license to do work in the City.

(C) Where an application for a building permit includes electrical, mechanical, or plumbing work, a single permit shall be issued for all work specified in the application, except for commercial and industrial projects, where separate electrical, plumbing or mechanical permits may be issued.

(D) No person to whom a permit has been issued shall transfer, assign, or convey such permit to another person for the purpose of completing the work for which the permit was issued. When the permittee to whom the permit has been issued no longer has a vested interest in the project or is no longer responsible for the project or work covered by the permit, the permit shall automatically become null and void. No person shall proceed with such a project or work without first obtaining a new permit.

A permit to do, or to cause to be done, any work regulated by this code shall be issued only to persons holding a valid contractor’s license issued by the State of California authorizing said person to undertake such work or to a person exempt from the contractor’s licensing requirements of the State of California.

Exception 1:

The director of community development may reduce the amount of the park and recreation fees, water connection fees, construction license tax, and purchase of water meter described in Section 105.3.1.1 above by the amount of the annual increase in those fees ("the incremental increase") under the following circumstances:

(A)    The project for which a building permit is being applied was previously issued building permit(s) which have expired.

(B)    Construction under the previously issued permit(s) began but was not completed.

(C)    The project has been the subject of foreclosure, receivership, bankruptcy or other similar proceedings.

(D)    The applicant for the building permit(s) demonstrates to the satisfaction of the community development director that payment of the incremental increase substantially decreases the possibility that the construction of the project will be completed.

(E)    The community development director determines that the project’s state of partial construction creates a nuisance or otherwise provides an unsafe environment for the citizens of Fairfield.

The community development director shall condition any reduction of fees pursuant to this Exception upon the applicant’s completion of the project within a time certain.

Section 105.3.2 – Time limitation of application – Repeal and replace section 105.3.2 of the CBC with the following:

Section 105.3.2 – Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned and expired one year after the date of filing or a permit has been issued. If such application has been pursued in good faith, an applicant who requests in writing prior to the expiration, qualifies for a single one-year extension. Upon approval of the building official a second one-year extension may be granted with just cause. The fee for a permit extension shall be as prescribed in the building division fee schedule.

Section 105.5 – Expiration. Repeal and replace section 105.5 of the CBC with the following:

Section 105.5 – Expiration.

Unless otherwise authorized, every permit issued by the chief building official under the provisions of this code shall expire and become null and void one year from the date of issuance. The chief building official may issue a permit for a lesser time period when necessary to abate dangerous or sub-standard conditions. The chief building official may grant up to a maximum of two one-year extensions of an unexpired permit to any permitee who submits a request in writing, demonstrating justifiable cause for granting the extension. The fee for a permit extension shall be as prescribed in the building division fee schedule.

Before any work can be recommenced on an expired permit, a new permit shall be obtained. All work done under a new permit shall comply with the most current edition of the codes in effect at the time a new permit for the remaining work is applied for and shall apply to that permit through the point of completion or expiration, whichever occurs first.

Expired permits may be granted a one-time administrative ninety (90) day extension upon approval of the chief building official where projects have received all required inspections except a final inspection approval. The fee for an administrative permit extension shall be as prescribed in the building division fee schedule.

(Ord. No. 2019-08, § 1.)

5.1.4.4 Construction Documents.

Section R106 – Construction documents.

This section applies only where projects are subject to the California Residential Code, as defined in section 101.2 of the California Building Code.

Section R106.1.1. – Information on construction documents. Add the following to the end of subsection R106.1.1 of the CRC:

Where applicable, the construction documents shall provide the information specified in Section 1603 of the California Building Code.

Section R106.1.1. – Information on construction documents. Add the following subsection to section R106.1.1 of the CRC:

Section R106.1.1.1 – Residential standard plans.

Subsequent standard plans applied for off a previously approved master plan require another application and master plan when the standard plan differs from the prior set of master plans that were submitted; including but not limited to: different subdivision, design review changes, different topography, different soil conditions, construction detail changes, and/or the building is different in any respect. Plan review fees of standard plan submittals shall be as prescribed in the building division fee schedule.

(Ord. No. 2019-08, § 1.)

5.1.4.5 Inspections.

Section 110.1 – Inspections. Add the following to the end of section 110.1 of the CBC:

Except where special inspection is specified in chapter 17 of the CBC, the chief building official may authorize alternative inspection procedures requiring declarations from duly licensed professionals.

Section 110.3.5 – Inspections. Delete the exception from section 110.3.5 of the CBC. (Ord. No. 2019-08, § 1.)

5.1.4.6 Certificate of Occupancy.

Section 111.1 – Use and occupancy. Add the following to the end of section 111.1 of the CBC:

Certificates of occupancy will not be issued without approvals of all applicable agencies, the city fire department and or other city departments when such departments have conditions of approval made part of the permit. Such a certificate shall not be issued until compliance with all city requirements have been met. Occupying or using a structure without this approval shall constitute a violation of this code and will be deemed a safety hazard and or a public nuisance.

Section 111.2 – Certificate issued. Add the following to the end of section 111.2 of the CBC:

The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the chief building official.

Exception: The certificate of occupancy need not be posted in Group R-3 occupancies or their associated accessory structures.

(Ord. No. 2019-08, § 1.)

5.1.4.7 Appeals.

Section 113 – Board of appeals. Replace the phrase "board of appeals" with "building appeals board."

Section 113.1 – General. Replace the phrase "board of appeals" with "building appeals board."

Section 113.2 – Limitations on authority. Add the following to the end section 113.2 of the CBC:

Appeals of decisions of the chief building official shall be submitted to the building division on forms provided by the division and shall be accompanied by a non-refundable fee as required by the building division fee schedule. All appeals shall be filed within ten calendar days of the date of the decision of the chief building official, except as otherwise noted herein.

Section 113 – Board of Appeals. The following subsection shall be added to section 113 of the CBC:

Section 113.4 – Members. Five (5) building official members of the Napa-Solano Chapter of the International Code Council (NSICC), chosen on a case-by-case basis, shall serve as building appeals board members for the City of Fairfield. The NSICC, an organization of building officials, building inspectors, and construction industry personnel, was formed in 1978 to help maintain consistent and uniform code enforcement and code interpretation within the jurisdictions of Napa and Solano counties. Building Officials from jurisdictions within Napa and Solano counties and neighboring counties are members of the NSICC. Building Official members of the NSICC are well versed in the technical and administrative provisions of construction codes. In appeals of decisions of disabled access, a minimum of two members shall be CASp certified or certified by the International Code Council in disabled access. The chief building official of the City of Fairfield or designee shall be an ex-officio, non-voting member.

(Ord. No. 2019-08, § 1.)

5.1.4.8 Violations.

Section 114.1 – Unlawful acts. Add the following to the end of section 114.1 of the CBC:

Any person, firm, or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, although the first offense may be handled as an infraction pursuant to the City of Fairfield Municipal Code, chapter 1, article I, section 1.7. Each such person shall be deemed guilty of a separate offense for each violation and for every day or portion thereof during which any violation of any of the provisions of this code is committed, continued, or permitted. Upon proof of any such violations, the penalty shall be punishment by either a fine not exceeding two thousand dollars ($2,000.00) per occurrence, or imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment (misdemeanor), or as an infraction, with a fine not to exceed five hundred dollars ($500.00) per day per violation. Any penalties under this or other codes do not waive any requirements for code compliance.

Section 114.4 – Violation penalties. The following subsections shall be added to section 114.4 of the CBC:

Section 114.4.1 – Investigation fees.

Whenever any work for which a permit is required under the provisions of this code is started or proceeded with prior to obtaining such permit, a special investigation shall be made before a permit may be issued for such work. In addition to the permit fee, an investigation fee equal to the number of hours worked to obtain compliance, times the building division’s current adopted hourly fee schedule, shall be collected. The payment of the investigation fee shall not exempt any person from fully complying with the provisions and requirements of the code in the execution of the work, nor from any other penalties prescribed by law and shall be in addition to the building permit and plan review fees.

Section 114.4.2 – Violation recordation.

When any building is constructed, altered, converted or maintained in violation of the provisions of this article, the enforcement agency, after giving the owner written notice and a reasonable time to correct the violation, may petition the city council for authorization to record notice of the violation in the recorder’s office.

The petition shall be filed in triplicate with the city clerk and shall set forth the facts giving rise to such violation.

Upon receipt of the petition, the city clerk shall set a date for hearing on the petition by the city council and shall mail a copy of the petition and notice of the hearing to the owner responsible for the violation.

In passing upon such petition, the city council shall determine the truth of the allegations of such petition and shall determine whether or not a notice of the violation shall be recorded by the city clerk in the recorder’s office.

(Ord. No. 2019-08, § 1.)

5.1.4.9 Expedited Permit Process for Small Residential Rooftop Solar Systems.

The following section shall be added to the CBC:

Section 120 – Expedited permit process for small residential rooftop solar systems.

(A)    Purpose and Intent. The purpose of this section is to provide an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014, California Government Code Section 65850.5) in order to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This section encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install solar energy systems. This section allows the city to achieve these goals while protecting the public health and safety.

(B)    Definitions. As used in this section:

"Electronic submittal" means the utilization of electronic submittal via the internet.

"Reasonable restrictions" on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

"Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance" means:

1.    For water heater systems or solar swimming pool heating systems: an amount exceeding ten (10) percent of the cost of the system, but in no case more than one thousand dollars ($1,000.00), or decreasing the efficiency of the solar energy system by an amount exceeding ten (10) percent, as originally specified and proposed, provided said proposal meets code requirements.

2.    For photovoltaic systems: an amount not to exceed one thousand dollars ($1,000.00) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten (10) percent as originally specified and proposed, provided said proposal meets code requirements.

"Small residential rooftop solar energy system" means all of the following:

1.    A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.

2.    A solar energy system that conforms to all applicable State fire, structural, electrical, and other building codes as adopted or amended by the city and paragraph (iii of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or designated from time to time.

3.    A solar energy system that is installed on a single- or duplex-family dwelling or residential accessory structure.

4.    A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.

"Solar energy system" has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or designated from time to time.

"Specific adverse impact" means a significant, quantifiable, direct, unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(C)    Applicability.

1.    This section applies to the permitting of all small residential rooftop solar energy systems under the jurisdiction of the city.

2.    Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in this section are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

(D)    Solar Energy System Requirements.

1.    All small residential rooftop solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the city.

2.    Solar energy systems for heating water in single-family residences shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

3.    Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(E)    Applications and Documents.

1.    All documents required for the submission of an expedited solar energy system application shall be made available on the city website.

2.    Electronic submittal of the required permit application and documents by the Internet shall be made available to all small residential rooftop solar energy system permit applicants.

3.    The city’s building division shall adopt and post on the city’s website a standard plan and checklist of all requirements ("Expedited Application Requirements") with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. Said plan and checklist shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.

4.    Prior to submitting an application, the applicant shall:

a.    Verify to the applicant’s reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

b.    At the applicant’s cost, verify to the city’s reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads.

(F)    Permit Review and Inspection Requirements.

1.    An application that satisfies all the expedited application requirements, as determined by the chief building official or designee shall be deemed complete.

2.    Once deemed complete, the building division shall issue a building permit, the issuance of which is nondiscretionary, on the same day for over-the-counter applications or within one to three business days for electronic applications. The issuance of said permit does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider’s electricity grid until inspected and authorization to do so has been granted by the chief building official or designee. The applicant is further responsible for obtaining such approval or permission to connect from the local utility provider.

3.    Only one inspection shall be required and performed by the building division for small residential rooftop solar energy systems eligible for expedited review. The inspection shall be done in a timely manner and may include a consolidated inspection by the building official and fire marshal (where applicable), and/or their designated representatives. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized, however the subsequent inspection need not conform to the requirements of this subsection.

4.    If the building official determines an application is incomplete, the chief building official or designee shall issue a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance. Said written correction notice shall be issued within five business days of the date of determination of an incomplete application.

5.    The chief building official or designee may require an applicant to apply for a limited review permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decision may be appealed by the applicant to the CDD director subject to the provisions of subsection G.

6.    If a limited review permit is required, the chief building official may deny such application if it makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (D) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decision may be appealed by the applicant to the CDD director subject to the provisions of subsection G.

7.    Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(G)    Appeals.

1.    The applicant may appeal decisions rendered pursuant to subsection (F)(4) or (F)(5) upon payment of the appeal fee, submittal of an appeal application to the CDD front counter within ten (10) calendar days of the date of the decision.

2.    The decision of the CDD director on an appeal is final.

(Ord. No. 2019-08, § 1.)

5.1.4.10 Expedited Permit Process for Electric Vehicle Charging Stations.

The following section shall be added to the CBC:

Section 121 – Expedited permit process for electric vehicle charging stations.

(A)    Applicability. This section applies to applications for expedited building permits for electric vehicle charging stations consistent with California Government Code Section 65850.7.

(B)    Definitions.

1.    Electric vehicle charging station or charging station means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electric Code, and delivers electricity from a source outside of an electric vehicle into a plug-in electric vehicle.

2.    Electronic submittal means the utilization of electronic submittal via the internet.

3.    Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date an application was deemed complete.

(C)    Electric vehicle charging station permit application checklist.

1.    The Building Official shall have a checklist of all application requirements for expedited building permits for electric vehicle charging stations. The checklist shall substantially conform to the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" found in the Zero-Emission Vehicles in California: Community Readiness Guidebook published by the Governor’s Office of Planning and Research.

2.    The checklist, application form, and any other documents required for the submission of an electric vehicle charging station application shall be made available on the publicly accessible City website.

3.    Anyone seeking to install an electric vehicle charging station at any site within the City may apply to the building official for an expedited nondiscretionary building permit.

4.    An application for an expedited building permit for an electric vehicle charging station, and all associated documentation, may be submitted to the building official in person, by mail, or by electronic submittal. Electronic signatures may be used in lieu of wet signatures.

(D)    Permit application review.

1.    An application that, in the opinion of the building official, satisfies the information requirements of the checklist shall be deemed complete.

2.    If an application is deemed incomplete, the building official shall provide a written correction notice of the deficiencies and the additional information required to complete the application.

3.    If the building official determines that an application for an expedited building permit is complete, the building official shall process the application. If the building official determines that the proposed charging station meets all applicable code requirements and would not have a specific, adverse impact upon the public health or safety, the application shall be approved and a building permit shall be issued.

4.    If the building official finds, based on substantial evidence, that a proposed charging station could have a specific, adverse impact upon the public health or safety, the building official shall require the applicant to resubmit for an "electric vehicle charging station use permit" in order to install the proposed charging station.

5.    Upon resubmission, the electric vehicle charging station use permit shall be reviewed by the building official. If the building official issues the "electric vehicle charging station use permit," the permit may include conditions designed to mitigate or avoid the specific, adverse impact upon the public health of safety. The building official shall not deny such an application without making written findings, based upon substantial evidence in the record, that the proposed charging station would have a specific, adverse impact upon the public health or safety which could not feasibly be satisfactorily mitigated or avoided. The written findings required for rejection of an electric vehicle charging station use permit application shall include the building official’s basis for rejecting any potentially feasible alternatives that could mitigate or prevent the alleged adverse impact. Pursuant to Government Code Section 65850.7, the building official’s review shall be limited to health and safety issues. Aesthetic concerns, or other items not related to public health or safety shall not be considered.

6.    A decision of the building official made pursuant to paragraphs 3-5 of this subsection may be appealed to the Planning Commission within 10 calendar days from the original date of the decision. The Planning Commission’s review shall be subject to the same limitations as that of the building official, and only health and safety issues may be considered.

7.    Any condition imposed on an application for an expedited building permit or electric vehicle charging station use permit shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(Ord. No. 2019-08, § 1.)

5.1.4.11 Safety Assessment Placards.

The following section shall be added to the CBC:

Section 122 – Safety Assessment.

This Section establishes standard placards to be used to indicate the condition of a structure related to safety of occupancy. This Section further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.

The provisions of this Section are applicable to all buildings and structures of all occupancies regulated by the City of Fairfield.

"Safety assessment" means a visual, non-destructive examination of a building or structure for the purpose of determining the condition for safe continued occupancy.

The following are descriptions of the official jurisdiction placards to be used to designate the condition for continued safe occupancy of buildings or structures.

INSPECTED (green placard) – Occupancy is permitted. This placard will be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.

RESTRICTED USE (yellow placard) – Occupancy is limited. This placard will be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms, the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

UNSAFE (red placard)– Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered.

The name of the jurisdiction, its address, phone number and date of posting shall be noted on each placard.

Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this Section.

(Ord. No. 2019-08, § 1.)

Article II. Codes Adopted and Amended.

5.2.1 Adoption of California Building Standards Codes.

The following publications are hereby adopted by reference and incorporated in this article, except as expressly amended or superseded by the provisions of this article. The 2019 Triennial Edition of Title 24, California Code of Regulations (CCR), consisting of the following parts:

Part 2 – California Building Code; Part 2.5 – California Residential Building Code; Part 3 – California Electrical Code; Part 4 – California Mechanical Code; Part 5 – California Plumbing Code; Part 6 – California Energy Code; Part 8 – California Historical Building Code; Part 9 – California Fire Code (as amended in chapter 8 of the City of Fairfield Municipal Code); Part 10 – California Existing Building Code; Part 11 – California Green Building Standards Code (CalGreen Code); Part 12 – California Referenced Standards Code. (Ord. No. 2019-08, § 2.)

5.2.2 Building Code Adopted.

Adopt the California Building Code, 2019 edition, volumes 1 and 2, based on the 2018 International Building Code, as published by the International Code Council (ICC), as adopted and amended by the California Building Standards Commission, the Department of Housing and Community Development, and other agencies listed in chapter 1, division I of the CBC, where the city is the enforcing authority or the authority has been delegated to the city by these agencies in the California Building Code, California Code of Regulations, title 24, part 2, including, the adoptions of Chapter 31, section 3109, Appendix C (Group U – Agricultural Buildings) and Appendix J (Grading). (Ord. No. 2019-08, § 2.)

5.2.3 Building Code Amended.

The California Building Code adopted in Section 5.2.2 is modified, amended and/or supplemented as set out in Sections 5.2.3.1 through 5.2.3.7. (Ord. No. 2019-08, § 2.)

5.2.3.1 Definitions.

Section 202 – Definitions. Add the following definition to section 202 of the CBC:

Bedroom: A room that meets the minimum dimension, area, and height requirements for a habitable room as specified in California Building Code section 1208.3 and California Residential Building Code sections R304 and R305 that has an adjoining area or space that may be utilized as a closet whether or not the room is actually utilized for sleeping purposes.

(Ord. No. 2019-08, § 2.)

5.2.3.2 Building Addresses.

Section 502.1 – Address identification. Repeal and replace section 502.1 of the CBC with the following section:

Section 502.2 – Address identification.

Buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Whenever the address on the building will not be clearly visible from the public street or access road fronting the property, the address shall also be placed at the public street or access road in a manner which is clearly visible from both directions of travel on the frontage road or street. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Numbers and letters shall be a minimum 4 inch letter height, 1/2 inch stroke, reflectorized, and contrast with their background; or a minimum 5 inch letter height, 1/2 inch stroke, and contrast with their background. Address identification shall be maintained at all times.

(Ord. No. 2019-08, § 2.)

5.2.3.3 Factory–Built Chimneys and Fireplaces.

Section 718.2.5.1 – Factory-built chimneys and fireplaces. Add the following to the end of section 718.2.5.1 of the CBC:

Enclosures for factory-built metallic chimneys used for solid fuel burning appliances shall also be separated from habitable space (conditioned or unconditioned) and attic space by the installation of materials approved for a minimum 1-hour fire resistive construction on the chimney side of the enclosure (e.g. 5/8" type "X" sheetrock installed in accordance with this code and the latest edition of the Fire Resistance Design Manual for Gypsum Systems).

(Ord. No. 2019-08, § 2.)

5.2.3.4 Automatic Sprinkler Systems.

Section 903.2 – Where required. Add the following to the end of the first sentence of section 903.2 of the CBC:

Or as amended in Chapter eight of the City of Fairfield Municipal Code.

(Ord. No. 2019-08, § 2.)

5.2.3.5 Efficiency Dwelling Units.

Section 1207.4 – Efficiency dwelling units. Repeal and replace section 1207.4 of the CBC with the following:

Section 1207.4 – Efficiency dwelling units.

Efficiency dwelling units shall comply with the following:

1.    The unit shall have a living space with a minimum floor area of not less than 150 square feet. An additional 100 square feet (9.3 m2) of floor area shall be provided for each occupant of such unit in excess of two.

2.    The unit shall be provided with a separate closet.

3.    The unit shall be provided with a kitchen sink, functioning cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.

4.    The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.

(Ord. No. 2019-08, § 2.)

5.2.3.6 Fire Classification.

Section 1505.1.3 – Roof coverings within all other areas. Add the following to the end of section 1505.1.3 of the CBC:

Roof coverings used on all buildings located at elevations of 100 feet or more above sea level shall be Class B fire resistive rated.

(Ord. No. 2019-08, § 2.)

5.2.3.7 Requirements for Roof Coverings.

Section 1507.9 – Wood shakes. Add the following to the end of the first paragraph in section 1507.9 of the CBC:

Wood shakes, shall be a fire resistive treated material as approved for a Class B assembly.

(Ord. No. 2019-08, § 2.)

5.2.4 Residential Building Code Adopted.

Adopt the California Residential Building Code, 2019 edition, based on the 2018 International Residential Building Code as published by the International Code Council (ICC), as adopted and amended by the Department of Housing and Community Development in the California Building Standards Code, California Code of Regulations, title 24, part 2.5. (Ord. No. 2019-08, § 2.)

5.2.5 Residential Building Code Amended.

The California Residential Building Code adopted in section 5.2.4 is modified, amended and/or supplemented as set out in sections 5.2.5.1 through 5.2.5.6. (Ord. No. 2019-08, § 2.)

5.2.5.1 Definitions.

Section 202 – Definitions. Add the following definition to section 202 of the CRC:

Bedroom: A room that meets the minimum dimension, area, and height requirements for a habitable room as specified in California Building Code section 1208.3 and California Residential Building Code sections R304 and R305 that has an adjoining area or space that may be utilized as a closet whether or not the room is actually utilized for sleeping purposes.

(Ord. No. 2019-08, § 2.)

5.2.5.2 Efficiency Dwelling Units.

Section R304.4 – Efficiency dwelling units. Repeal and replace section R304.4 of the CRC with the following section:

Section R304.4 – Efficiency dwelling units.

Efficiency dwelling units shall comply with the following:

1.    The unit shall have a living space with a minimum floor area of not less than 150 square feet. An additional 100 square feet (9.3 m2) of floor area shall be provided for each occupant of such unit in excess of two.

2.    The unit shall be provided with a separate closet.

3.    The unit shall be provided with a kitchen sink, functioning cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.

4.    The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.

(Ord. No. 2019-08, § 2.)

5.2.5.3 Site Addresses.

Section R319 – Address identification. Repeal and replace section R319 of the CRC with the following:

Section R319.1 – Address identification.

Buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Whenever the address on the building will not be clearly visible from the public street or access road fronting the property, the address shall also be placed at the public street or access road in a manner which is clearly visible from both directions of travel on the frontage road or street. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Numbers and letters shall be a minimum 4 inch letter height, 1/2 inch stroke, reflectorized, and contrast with their background; or a minimum 5 inch letter height, 1/2 inch stroke, and contrast with their background. Address identification shall be maintained at all times.

(Ord. No. 2019-08, § 2.)

5.2.5.4 Fire Classification.

Section R902.1.3 – Roof coverings in all other areas. Add the following to the end of section R902.1.3 of the CRC:

Roof coverings used on all buildings located at elevations of 100 feet or more above sea level shall be Class B fire resistive rated.

(Ord. No. 2019-08, § 2.)

5.2.5.5 Requirements for Roof Coverings.

Section R905.7 – Wood shingles. Add the following to the end of the first paragraph of section R905.7 of the CRC:

Wood shingles, shall be a fire resistive treated material as approved for a Class B assembly.

(Ord. No. 2019-08, § 2.)

5.2.5.6 Factory–Built Chimneys and Fireplaces.

Section R1005.3 – Solid-fuel appliances. Add the following to the end of section 1005.3 of the CRC:

Enclosures for factory-built metallic chimneys used for solid fuel burning appliances shall be separated from habitable space and attic space by the installation of materials approved for 1-hour fire resistive construction (5/8" type "X" sheetrock) on the chimney side of the enclosure.

(Ord. No. 2019-08, § 2.)

5.2.6 Electrical Code Adopted.

Adopt the California Electrical Code (CEC), 2019 edition, based on the 2017 National Electrical Code as published by the National Fire Protection Association (NFPA) and as adopted by the State Building Standards Commission in the California Code of Regulations, title 24, part 3. (Ord. No. 2019-08, § 2.)

5.2.7 Electrical Code Amended.

The California Electrical Code (CEC) adopted in section 5.2.6 is modified, amended and/or supplemented as set out in sections 5.2.7.1 through 5.2.7.2. (Ord. No. 2019-08, § 2.)

5.2.7.1 Requirements for Electrical Installations.

Section 110.1 – Scope. Add the following to the end of section 110.1 of the CEC:

The chief building official may withhold or disconnect power from any dangerous building, as defined in the Code, or due to other hazardous condition(s).

(Ord. No. 2019-08, § 2.)

5.2.7.2 Temporary Power.

Section 590.1 – Scope. Add the following to the end of section 590.1 of the CEC:

Temporary electrical service may be authorized only during periods of construction or repair of a structure for which a valid permit has been issued, or where the conditions of approval only authorize temporary service.

(Ord. No. 2019-08, § 2.)

5.2.8 Mechanical Code Adopted.

Adopt the California Mechanical Code and appendices, 2019 edition, based on the 2018 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials and as adopted by the California Building Standards Commission, the Department of Housing and Community Development, and other agencies listed in chapter 1, where the city is the enforcing authority or the authority has been delegated to the county by these agencies in the in California Code of Regulations, title 24, part 4. (Ord. No. 2019-08, § 2.)

5.2.9 Plumbing Code Adopted.

Adopt the California Plumbing Code (CPC) and appendices, 2019 edition, chapter 1, division II and the appendices thereto, based on the 2018 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials and as adopted by the California Building Standards Commission, the Department of Housing and Community Development, and other agencies listed in chapter 1, where the city is the enforcing authority or the authority has been delegated to the county by these agencies in the in California Code of Regulations, title 24, part 5. (Ord. No. 2019-08, § 2.)

5.2.10 Plumbing Code Amended.

The California Plumbing Code (CPC) adopted in section 5.2.9 is modified, amended and/or supplemented as set out in sections 5.2.10.1 through 5.2.10.2. (Ord. No. 2019-08, § 2.)

5.2.10.1 Materials.

Section 604.1 – Pipe, Tube, and Fittings. Add the following to the end of section 604.1 of the CPC:

When copper pipe is used from the main in the public right-of-way to the property line, copper shall be used for all potable water services from the water meters located in the public right-of-way to the building served.

(Ord. No. 2019-08, § 2.)

5.2.10.2 Installation, Testing, Unions, and Locations.

Section 609.3 – Under concrete slab. Repeal and replace section 609.3 of the CPC with the following:

Section 609.3 – Under slab.

No water piping shall be installed in or under a concrete slab floor or in or on the ground under any building or structure.

(Ord. No. 2019-08, § 2.)

5.2.10.3 Cleanouts.

Section 719.1 – Locations. Add the following to the end of section 719.1 of the CPC:

In addition to the cleanouts required in this code, a cleanout shall be required for all new or replacement sewer lines at or near the property line at the junction with the building sewer and the sewer main lateral. This cleanout shall be installed per City standard specification drawing number 21 and must be brought to grade and installed in a yard box. All other exterior cleanouts shall be made accessible by yard boxes or extending flush with grade with approved materials and be adequately protected.

(Ord. No. 2019-08, § 2.)

5.2.11 Energy Code Adopted.

Adopt the California Energy Code, 2019 edition, as published by the International Code Council (ICC) and adopted by the California Building Standards Commission in the California Building Standards Code, California Code of Regulations, title 24, part 6. (Ord. No. 2019-08, § 2.)

5.2.12 Historical Building Code Adopted.

Adopt the California Historical Building Code, 2019 edition, as published by the International Code Council (ICC) and adopted by the California Building Standards Commission in the California Building Standards Code, California Code of Regulations, title 24, part 8. (Ord. No. 2019-08, § 2.)

5.2.13 Existing Building Code Adopted.

Adopt the California Existing Building Code, 2019 edition, based on the 2018 International Existing Building Code, as published by the International Code Council (ICC) and adopted by the California Building Standards Commission in the California Building Standards Code, California Code of Regulations, title 24, part 10. (Ord. No. 2019-08, § 2.)

5.2.14 California Green Building Standards Code Adopted.

Adopt the California Green Building Standards Code, 2019 edition, as adopted and amended by the California Building Standards Commission in the California Building Standards Code, California Code of Regulations, title 24, part 11. (Ord. No. 2019-08, § 2.)

5.2.15 California Referenced Standards Code Adopted.

Adopt the California Referenced Standards Code, 2019 edition, as published by the International Code Council (ICC) as adopted and amended by the California Building Standards Commission in the California Building Standards Code, California Code of Regulations, title 24, part 12. (Ord. No. 2019-08, § 2.)

5.2.16 International Property Maintenance Code Adopted.

Adopt the International Property Maintenance Code, 2018 edition, published by the International Code Council (ICC), as a supplement to the California Health and Safety Code and Title 25 of the California Code of Regulations. (Ord. No. 2019-08, § 2.)

5.2.17 Secondary Codes and Standards Adopted as Supplemental Reference.

The following codes and standards are adopted as supplemental and may be used by the chief building official subject to California Building Code sections 104.10 and 104.11 in a case by case review process:

(A)    International Building Code, 2018 edition published by ICC and the International Residential Code, 2018 edition published by ICC.

(B)    The latest edition of the following: International Swimming Pool and Spa Code, Uniform Swimming Pool Code, Spa and Hot Tub Code; published supplements to the International Codes; the International Fuel Gas Code; IBC and IRC Appendix Chapters; National Fire Protection Association Standards; the Uniform Solar Energy and hydronics Code; California Solar Permitting Guide Book; American National Standards, published by American National Standards Institute, Inc.; and other applicable nationally recognized Standards. (Ord. No. 2019-08, § 2.)

Article III. Other Regulations.

5.3.1 Wood Burning Appliances.

5.3.1.1 Applicability.

(A)    All wood burning appliances installed in new residential units or wood burning appliances being added to or replacing wood burning appliances in existing residential units shall comply with this section.

(B)    All wood burning appliances installed in new commercial buildings or wood burning appliances being added to or replacing wood burning appliances in existing commercial buildings shall comply with this ordinance. Commercial buildings shall include, but not be limited to, hotels and restaurants.

(C)    Gas fireplaces shall be exempt from this ordinance. However, the conversion of a gas fireplace to burn wood shall constitute the installation of a wood burning appliance and shall be subject to the requirements of this ordinance.

(D)    An existing wood burning appliance shall comply with this ordinance if (1) it is reconstructed, or (2) additions, alterations, or repairs are made to the appliance that require opening up immediately-adjacent walls. (Ord. No. 2019-08, § 3.)

5.3.1.2 Definitions.

(A)    "Bay Area Air Quality Management District" means the air quality agency for the San Francisco Bay Area pursuant to California Health and Safety Code Section 40200.

(B)    "E.P.A." means United States Environmental Protection Agency.

(C)    "E.P.A. certified wood heater" means any wood heater that meets the standards in Title 40, Part 60, Subpart AAA, Code of Federal Regulations in effect at the time of installation and is certified and labeled pursuant to those regulations.

(D)    "Fireplace" means any permanently installed masonry or factory-built wood burning appliance, except a pellet-fueled wood heater, designed to be used with an air-to-fuel ratio greater than or equal to 35 to 1.

(E)    "Garbage" means all solid, semi-solid and liquid wastes generated from residential, commercial and industrial sources, including trash, refuse, rubbish, industrial wastes, asphaltic products, manure, vegetable or animal solids and semi-solid wastes, and other discarded solid and semi-solid wastes.

(F)    "Gas fireplace" means any device designed to burn natural gas in a manner that simulates the appearance of a wood burning fireplace.

(G)    "Paints" means all exterior and interior house and trim paints, enamels, varnishes, lacquers, stains, primers, sealers, undercoatings, roof coatings, wood preservatives, shellacs, and other paints or paint-like products.

(H)    "Paint solvents" means all organic solvents sold or used to thin paints or to clean up painting equipment.

(I)    "Pellet-fueled wood heater" means any wood burning appliance that operates exclusively on wood pellets.

(J)    "Solid fuel" means wood or any other non-gaseous or non-liquid fuel.

(K)    "Treated wood" means wood of any other species that has been chemically impregnated, painted or similarly modified to improve resistance to insects or weathering.

(L)    "Waste petroleum products" means any petroleum product other than gaseous fuels that has been refined from crude oil, and has been used, and as a result of use, has been contaminated with physical or chemical impurities.

(M)    "Wood burning appliance" means fireplace, wood heater, or pellet-fired wood heater or any similar device burning any solid fuel used for aesthetic or space-heating purposes. (Ord. No. 2019-08, § 3.)

5.3.1.3 General Requirements.

(A)    It shall be unlawful to install a wood burning appliance that is not one of the following: (1) a pellet-fueled wood heater; (2) an EPA certified wood heater; or (3) a fireplace certified by EPA should EPA develop a fireplace certification program.

(B)    It shall be unlawful to use any of the following prohibited fuels in a wood burning appliance:

a)    Garbage

b)    Treated wood

c)    Plastic products

d)    Rubber products

e)    Waste petroleum products

f)    Paints

g)    Organic paint solvents

h)    Coal

i)    Glossy or colored papers

j)    Particle board

k)    Salt water driftwood

l)    Plywood (Ord. No. 2019-08, § 3.)

5.3.1.4 Enforcement.

Any person who plans to install a wood burning appliance must submit documentation to the building department of the City of Fairfield demonstrating that the appliance is a pellet-fueled wood heater, an EPA certified wood heater, or a fireplace certified by EPA should EPA develop a fireplace certification program.

Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punishable as provided by law. (Ord. No. 2019-08, § 3.)

5.3.2 Toilet Facilities During Construction Work.

Any contractor having charge of or doing construction work within the city or any person doing construction work or causing construction work to be done within the city in connection with which workmen are on the premises involved, shall provide on the premises or immediately adjacent thereto, as approved by the building division, sanitary toilet facilities, which shall consist of flush-type toilets properly constructed and connected in an approved manner to an existing sanitary sewer, or properly constructed and maintained chemical-type toilet. (Ord. No. 2019-08, § 3.)

5.3.3 Fee Deferral: Low and Moderate Income Housing.

5.3.3.1 Purpose.

The purpose of this Section is to establish a mechanism to facilitate the production of quality housing for low and moderate income citizens of Fairfield by granting a deferral of the payment of the fees collected at the time a building permit is issued. (Ord. No. 2019-08, § 3.)

5.3.3.2 Definitions.

For the purposes of this Section, the following phrases shall be defined as follows:

(A)    "Fee Deferral" means a postponement of the payment of certain fees due to the City of Fairfield prior to the issuance of a building permit by the ordinances and resolutions of the City of Fairfield as more fully described in Section 5.3.3.9;

(B)    "Eligible Projects" means those projects fulfilling the criteria outlined in Sections 5.3.3.3 and 5.3.3.4;

(C)    "Financial Gap" means a documented deficiency in the Eligible Project’s initial financing, such as the lack of available capital or the inability to service additional debt that precludes payment of fees prior to issuance of a building permit.

(D)    "Median Household Income" means the median household income for the Fairfield/Suisun area that is determined annually by the U.S. Department of Housing and Urban Development. (Ord. No. 2019-08, § 3.)

5.3.3.3 Eligibility.

A housing project must comply with each of the following criterion in order to make an application for a Fee Deferral pursuant to Section 5.3.3.5:

(A)    The housing project developer must enter into a written agreement with the City of Fairfield to maintain long-term affordability as more fully described in Section 5.3.3.4; and

(B)    The design of the housing project must not distinguish in outward appearance or quality between the affordable and market-rate units. (Ord. No. 2019-08, § 3.)

5.3.3.4 Affordability.

A housing project must comply with the following affordability criteria in order to make an application for a Fee Deferral pursuant to Section 5.3.3.5:

(A)    For a multi-family project in which the units are intended for individual rental, either (a) or (b); and (c) and (d):

a)    At least 50 percent of the units must be affordable to and reserved for households with incomes of 120 percent or less of the Median Household Income;

b)    At least 25 percent of the units must be affordable to and reserved for households with incomes of 80 percent or less of the Median Household Income;

c)    The affordability restrictions on the units must be recorded on the property for a minimum of 55 years; and

d)    The project must have an on-site manager or the developer must submit a management plan, for approval by the City, detailing how the project will be managed for approval by the City.

(B)    For a multi-family project in which the units are intended for individual sale, either (a) or (b); and (c):

a)    At least 50 percent of the units must be affordable to and reserved for households with incomes equal to or less than 120 percent of the Median Household Income;

b)    At least 25 percent of the units must be affordable to and reserved for households with incomes equal to or less than 80 percent of the Median Household Income; and

c)    For those units with affordability restrictions for owner occupants, the restrictions must be recorded on the property for a period of not less than 45 years.

(C)    For a single-family project in which the unit is intended for sale:

a)    The unit must be affordable to and reserved for households with incomes equal to or less than 120 percent of the Median Household Income; and

b)    For those units with affordability restrictions for owner occupants, the restrictions must be recorded on the property for a period of not less than 45 years. (Ord. No. 2019-08, § 3.)

5.3.3.5 Fee Deferral Application.

The developer of an Eligible Project may submit an application to the community development director for a Fee Deferral. The application shall include a description of the project in sufficient detail to demonstrate compliance with the criteria set forth in Sections 5.3.3.3 and 5.3.3.4; an explanation of the Financial Gap, and, for a rental housing project, the developer’s authorization and instruction to the appropriate lender or escrow company, to allow fees which are deferred to be paid directly to the City of Fairfield from the proceeds of the permanent construction financing. (Ord. No. 2019-08, § 3.)

5.3.3.6 Selection of Project to Receive Fee Deferral.

The community development director shall have the authority to grant a Fee Deferral to an Eligible Project. (Ord. No. 2019-08, § 3.)

5.3.3.7 Fee Deferral Due and Payable.

All Fee Deferrals shall be due and payable at the time of closing of the project’s permanent loan or transfer or within thirty (30) months of the issuance of the building permit, whichever comes first. (Ord. No. 2019-08, § 3.)

5.3.3.8 Enforcement.

The community development director shall require the developer of a housing project which receives a Fee Deferral to enter into a written agreement with the City of Fairfield for the Fee Deferral at the time the Fee Deferral is granted, which prior to the issuance of a building permit shall be recorded against the property as a tax lien enforceable in accordance with the laws of the State of California. (Ord. No. 2019-08, § 3.)

5.3.3.9 Fees to Which Fee Deferrals May Apply.

The ordinances and resolutions of the City of Fairfield require that certain fees are payable prior to the issuance of a building permit. The community development director shall provide the applicant for a Fee Deferral with a complete list of fees, which are eligible for the Fee Deferral.

Nothing in this section shall be construed to impose any category of fees upon a housing project which has not been imposed by an ordinance or resolution of the City of Fairfield. (Ord. No. 2019-08, § 3.)

5.3.4 Fee Credit Bank: Low and Moderate Income Housing.

5.3.4.1 Purpose.

The purpose of this Section is to establish a mechanism to facilitate the production of quality housing for low and moderate income citizens of Fairfield by establishing a fee credit bank to hold unused fee credits for future development of affordable housing. The fee credits shall come from dwelling units that are demolished and either not replaced or replaced with a structure that does not use all of the credits available from the structure that was demolished. Fee credits shall be solely used to reduce the price of affordable housing units. (Ord. No. 2019-08, § 3.)

5.3.4.2 Definitions.

For purposes of this Section, the following phrases shall be defined as follows:

(A)    "Fee Credit" means a credit to be applied to certain fees due to the City of Fairfield prior to the issuance of a building permit by the ordinances and resolutions of the City of Fairfield, as more fully described in Section 5.3.4.11;

(B)    "Eligible Projects" means those projects fulfilling the criteria outlined in Sections 5.3.4.6 and 5.3.4.7;

(C)    "Eligible Property" means those properties fulfilling the criterion outlined in Section 5.3.4.3;

(D)    "Financial Gap" means documented evidence that the impact of the fees on the project cost would result in the housing not being affordable to households specified in Section 5.3.4.7; and

(E)    "Median Household Income" means the median household income for the Fairfield/Suisun area that is determined annually for the Fairfield/Suisun area by the U.S. Department of Housing and Urban Development. (Ord. No. 2019-08, § 3.)

5.3.4.3 Eligibility to Donate Credits.

A property must comply with the following criteria to be eligible to donate credits;

(A)    For a residential property, the site must contain one or more dwelling unit(s) that is (are) demolished and not replaced; and

(B)    For a commercial property, the site must contain structures that are demolished and either not replaced or replaced with a structure that does not use all of the credits available from the structure that was demolished. (Ord. No. 2019-08, § 3.)

5.3.4.4 Donation of Credits.

The owner of the Eligible Property must donate Fee Credits by entering into a written agreement with the City of Fairfield signing over the credits to the Fee Credit Bank. (Ord. No. 2019-08, § 3.)

5.3.4.5 Calculation of Credits.

Calculation of credits shall be based on documentation in the files of Building Division of the community development director relative to the square footage, number of bedrooms, size of water meters contained in the building that was demolished, or other units of measure required to calculate the subject fee. In cases where this documentation does not exist, the credits shall be determined based on the minimum allowed size of a like kind dwelling unit as established by the Zoning Ordinance or California Residential or Building Code (as applicable), whichever is greater. (Ord. No. 2019-08, § 3.)

5.3.4.6 Eligibility to Apply Credits.

A housing project must comply with each of the following criterion in order to make an application for a Fee Credit pursuant to Section 5.3.4.8:

(A)    The housing project developer must enter into a written agreement with the City of Fairfield to apply the cost reduction from the Fee Credits to reducing the cost of the housing and to maintain long-term affordability as more fully described in Section 5.3.4.7; and

(B)    For multi-family projects, the design of the housing project must not distinguish in outward appearance or quality between the affordable and market-rate units. (Ord. No. 2019-08, § 3.)

5.3.4.7 Affordability.

(A)    A single family dwelling housing project must comply with the following affordability criteria in order to make an application for a Fee Credit pursuant to Section 5.3.4.8:

(B)    For a multi-family project in which the units are intended for individual rental, either a) or b); and c):

a)    At least 50 percent of the units must be affordable to and reserved for households with incomes of 120 percent or less of the Median Household Income; or

b)    At least 25 percent of the units must be affordable to and reserved for households with incomes of 80 percent or less of the Median Household Income; and

c)    The affordability restrictions on the units must be recorded on the property for a minimum of 55 years; and

(C)    For a multi-family project in which the units are intended for individual sale:

a)    At least 50 percent of the units must be affordable to and reserved for households with incomes equal to or less than 120 percent of the Median Household Income;

b)    At least 25 percent of the units must be affordable to and reserved for households with incomes of 80 percent or less of the Median Household Income; and

c)    For those units with affordability restrictions for owner occupants, the restrictions must be recorded on the property for a period of not less than 45 years.

(D)    For a single-family project in which the unit is intended for sale:

a)    The unit must be affordable to and reserved for households with incomes equal to or less than 120 percent of the Median Household Income; and

b)    The affordability restrictions for owner occupants must be recorded on the property for a period of not less than 45 years. (Ord. No. 2019-08, § 3.)

5.3.4.8 Fee Credit Application.

The developer of an Eligible Project may submit an application to the community development director for a Fee Credit. The application shall include a description of the project in sufficient detail to demonstrate compliance with the criteria set forth in Sections 5.3.4.6 and 5.3.4.7 and an explanation of the Financial Gap which necessitates the use of fee credits. (Ord. No. 2019-08, § 3.)

5.3.4.9 Selection of Project to Receive Fee Credits.

The community development director shall have the authority to grant the Fee Credits to an Eligible Project. The Director shall award the Fee Credits to projects that best meet the needs of the City of Fairfield for an increased supply of affordable housing. (Ord. No. 2019-08, § 3.)

5.3.4.10 Record of Fee Credits.

The community development director shall maintain all records pertaining to the Fee Credit Bank. The Building Division of the community development director shall also maintain Fee Credit information in the files of the Eligible Property donating the Fee Credits and the Eligible Project receiving the Fee Credits. (Ord. No. 2019-08, § 3.)

5.3.4.11 Fees to Which Fee Credits May Apply.

The community development director shall provide the applicant for a Fee Credit with a complete list of fees which are eligible for the Fee Credit Bank. (Ord. No. 2019-08, § 3.)

5.3.5 Fee Credit Bank: Commercial and Industrial Development Projects.

5.3.5.1 Purpose.

The purpose of this Section is to establish a mechanism to facilitate economic development within the City by granting credits for the payment of certain fees normally collected at the time a building permit is issued, and which is not otherwise authorized by Section 5.3.4. (Ord. No. 2019-08, § 3.)

5.3.5.2 Definitions.

For purposes of this Section, the following phrases shall be defined as follows:

(A)    "Director" means the Director of Community Development.

(B)    "Applicant" means an owner of industrial or commercial property.

(C)    "Fee Credit" means a credit to be applied to certain fees due to the City of Fairfield in connection with a development project prior to the issuance of a building permit, as more fully described in Section 5.3.5.10.

(D)    "Eligible Project" means a development project fulfilling the criteria outlined in Section 5.3.5.5, and which is not eligible for a fee credit under Section 5.3.4.

(E)    "Fee Credit Bank" means the account of the City for holding Fee Credits.

(F)    "Commercial and Industrial Properties" means a place which is primarily utilized for the conduct of commercial or industrial activities, including those uses allowed pursuant to Section 25.22 and Section 25.24 of the Zoning Ordinance, and other retail and service commercial uses with low to moderate traffic volumes.

(G)    "Financial Deficiency" means a deficiency in the Eligible Project’s initial financing, a lack of available capital to finish the Eligible Project, the inability to service additional debt.

(H)    "Economic Impact" means a projected positive financial effect that the Eligible Project may have on the City of Fairfield economy. (Ord. No. 2019-08, § 3.)

5.3.5.3 Donation of a Fee Credit.

A property owner is eligible to donate a Fee Credit to the Fee Credit Bank under the following conditions:

(A)    For commercial and industrial properties, the owner holds property that contained one or more structures that have been demolished and either not replaced or replaced with one or more structures that require the payment of fees in an amount less than the fees paid, or would have been due, in connection with the structure that was demolished.

(B)    The owner enters into a written agreement with the City of Fairfield to transfer the credit for fees to the Fee Credit Bank. (Ord. No. 2019-08, § 3.)

5.3.5.4 Calculation of Credits.

Calculation of the amount of a Fee Credit shall be based on documentation in the files of the Building Division of the Community Development Department relative to the square footage, size of water meters contained in the building that was demolished, or other units of measure required to calculate the subject fee. In cases where this documentation does not exist, the Fee Credits shall be determined based on the minimum allowed size of a like kind structure or the minimum unit of measure required to calculate the subject fee, as established by the Zoning Ordinance or California Building Code, whichever is greater. At all times, and in every case, the amount of Fee Credits to be issued shall be subject to availability of Fee Credits in the Fee Credit Bank. (Ord. No. 2019-08, § 3.)

5.3.5.5 Eligibility.

A development project must meet the following conditions for a developer to apply for a Fee Credit:

(A)    The property must be located within the City of Fairfield City limits; and

(B)    A documented financial deficiency that poses a significant impediment to the development project; and

(C)    Documented evidence that the economic impact of the development project will meet or exceed the amount of the Fee Credit; or

(D)    Documented evidence that a commercial or industrial project will stimulate additional new business attraction, expansion of an existing business, job creation, an increase in the City’s tax base, or redevelop a property located with an address on North Texas Street, Texas Street, West Texas Street, or within the Heart of Fairfield Specific Plan Area, to be reasonably determined by the Director. (Ord. No. 2019-08, § 3.)

5.3.5.6 Fee Credit Application.

A property owner may apply for a Fee Credit by submitting to the Director a description of the development project and documented evidence in sufficient detail to demonstrate compliance with the criteria set forth in Sections 5.3.5.5. (Ord. No. 2019-08, § 3.)

5.3.5.7 Selection of Development Project to Receive Fee Credits.

The Director shall have the authority to grant a Fee Credit to an applicant that demonstrates compliance with the criteria set forth in Section 5.3.5.5 and as determined at the sole discretion of the Director to best meet the needs of the City of Fairfield. The Director shall have the authority to determine the amount of such Fee Credit based on the documented evidence provided by the applicant, pursuant to Section 5.3.5.5. (Ord. No. 2019-08, § 3.)

5.3.5.8 Record of Fee Credits.

The Director shall maintain all records pertaining to the Fee Credit Bank. The Building Division of the Community Development Department shall maintain Fee Credit information for each property donating a Fee Credit and each property receiving a Fee Credit. (Ord. No. 2019-08, § 3.)

5.3.5.9 Fees to Which Fee Credits May Apply.

The Director shall prepare a complete list of fees which are eligible for the Fee Credit Bank. Such fees are those imposed by ordinance or resolution of the City and normally payable prior to the issuance of a building permit, including but not limited to, development impact fees collected under Article XI of Chapter 25 of the City Code (also known as AB 1600 fees) (not including Northeast Area Development Impact Fees under Section 25.1505), water connection fees collected under Chapter 22 of the City Code, and sewer connection fees collected under Chapter 15 of the City Code. A Fee Credit may only be applied to a fee imposed for the same purpose for which the City imposed the fee from which the Fee Credit is derived (for example, a Fee Credit derived from the payment of a development fee to mitigate the impact of a development project on water facilities may only be applied to a fee due from the developer to mitigate the impact of the development project on water facilities). (Ord. No. 2019-08, § 3.)

5.3.5.10 Fee Credit Agreement.

(A)    Upon approval of an application, the applicant shall enter into a Fee Credit Agreement with the City. Such Agreement shall, at a minimum, be property specific and provide for the enforcement of the provisions of this section. A single Agreement shall be entered into for each development project whether or not the applicant is the same for multiple projects. Authority to execute such Agreements on behalf of the City is hereby delegated to the City Manager or City Manager’s designee. The approval of an application shall not become effective until a Fee Credit Agreement is executed by both the applicant and the City.

(B)    Applicant must use and apply the Fee Credits towards the Eligible Project within twelve (12) months following the execution of the Fee Credit Agreement by the City. In the event that the Fee Credits are not used or applied towards the Eligible Project within twelve (12) months following the execution of the Fee Credit Agreement by the City, the Fee Credits shall be immediately refunded to the City and the Applicant will be required to re-apply for Fee Credits.

(C)    The Agreement shall contain a legal description of the property affected, shall be recorded in the Office of the County Recorder of Solano County and, from the date of recordation, shall be enforceable against successors in interest to the property owner or lessee at the time of issuance of the building permit. The Agreement shall be recorded in the grantor-grantee index in the name of the City as grantee and in the name of the property owner as grantor.

(D)    The Agreement shall specify that any construction, alteration, demolition, installation or repay work done under contract is a public work for the purposes of the Labor Code and shall be subject to all applicable laws, including but not limited to the payment of prevailing wages. (Ord. No. 2019-08, § 3.)

5.3.6 Seismic Hazards Identification Program.

5.3.6.1 Purpose.

It is found that in the event of a strong or moderate local earthquake, loss of life or serious injury may result from damage to or collapse of buildings in the City of Fairfield. It is generally acknowledged that Fairfield will experience earthquakes in the future due to its proximity to both the San Andreas and Hayward faults. The purpose of this ordinance is to promote public safety by identifying those buildings in Fairfield which exhibit structural deficiencies and by accurately determining the severity and extent of those deficiencies in relation to their potential for causing loss of life or injury. The city council finds it desirable to identify the hazards that these deficiencies may pose to occupants of buildings and pedestrians in the event of an earthquake. Such a seismic hazards identification program is consistent with the state unreinforced masonry law of 1986. (Ord. No. 2019-08, § 3.)

5.3.6.2 Definitions.

(A)    "Bearing wall" means any wall supporting a floor or roof where the total superimposed load exceeds one hundred (100) pounds per linear foot, or any unreinforced masonry wall supporting its own weight when over six (6) feet in height.

(B)    "Building" for the purpose of determining occupant load, means any contiguous or interconnected structure; for purpose of an engineering evaluation, means the entire structure or portion thereof which will respond to seismic forces as a unit.

(C)    "Capacity for transfer" means the maximum allowable capacity of a structural system or connection to resist, in a ductile manner, the lateral forces it would encounter due to earthquake forces.

(D)    "Civil engineer or structural engineer" means a licensed civil or structural engineer registered by the State of California pursuant to the rules and regulations of title 16, chapter 5 of the California code of regulations.

(E)    "External hazard" means an object attached to or forming the exterior facade of a building which may fall onto pedestrians or occupants of adjacent buildings. Examples of this type of hazard include, but are not limited to, the following:

1.    Nonstructural exterior wall panels, such as masonry infill or decorative precast concrete.

2.    Parapets.

3.    Marquees, awnings or other roof-like projections.

4.    Masonry or stone wall veneer.

5.    Masonry chimneys.

6.    Tile roofing.

7.    Wall signs and exterior lighting fixtures.

8.    Fire escapes or balconies.

(F)    "Geometry" means a building’s shape or configuration, including setbacks or wall/column lines, reentrant corners, discontinuities in vertical and horizontal lateral force diaphragms, open storefront and building stiffness variations due to the distribution of resisting elements or the use of materials of differing properties within the same structural element, or other irregularities in plan or elevation.

(G)    "Occupants" means the total occupant load of building determined by the currently adopted California building code or the actual maximum number of occupants in that building if that number is less than seventy-five percent (75%) of the number determined by using the California Building Code. The number of actual occupants may be documented by counting actual seating capacity if permanent seating is provided in the occupancy, or by employee and client counts which can be substantiated as a practical maximum use of the space in the building. The building official will establish the procedure for documenting occupant load.

(H)    "Solution" means any justifiable method that will provide for the transfer of lateral forces through a system or connection to a degree which will substantially eliminate a potential collapse failure. A general description of the methods and materials to be used shall be included in sufficient detail to allow for a cost estimate of the solution to be made (i.e., adding shear walls, overlaying horizontal diaphragms, strengthening critical connections, etc.)

(I)    "Unreinforced masonry (URM)" building means any building containing walls constructed wholly or partially with any of the following materials:

1.    Unreinforced brick masonry.

2.    Unreinforced concrete masonry.

3.    Hollow clay tile.

4.    Adobe or unburned clay masonry. (Ord. No. 2019-08, § 3.)

5.3.6.3 Scope of Program.

(A)    Applicability. The building inspection department shall inspect the following types of buildings to create a list of buildings which by nature or extent of their structural deficiencies or deficiencies in anchoring could collapse or partially collapse:

a.    Buildings constructed of unreinforced masonry (URM).

b.    Buildings constructed prior to January 1, 1935.

c.    Buildings constructed prior to August 1, 1976 approved for occupancy or actually containing three hundred (300) or more occupants.

(B)    Owner Notification. The owners of buildings in the categories described in section 5.3.6.3(A), except those designated by the State Historical Resources Commission as historical buildings, shall be notified within six (6) months of enactment of this ordinance by the building inspection division, that their building could collapse or partially collapse as a result of either an earthquake or other act of nature. The chief building official shall cause the notice required by this section to be recorded against the subject property with the county recorder.

(C)    Exemption. The following buildings need not comply with this ordinance:

Buildings which have been structurally upgraded in substantial accordance with the 1973 or later editions of the uniform building code and documentation of such upgrading is on file or submitted to the city building division. (Ord. No. 2019-08, § 3.)

5.3.6.4 Engineering Reports.

(A)    Preparation of reports. Each owner of a building described in section 5.3.6.3(A) shall retain a civil or structural engineer to prepare the investigation and engineering report described in this section.

(B)    Purpose. The purpose of the engineering report is to investigate, in a thorough and unambiguous fashion, a building’s structural systems which resist the forces imposed by earthquakes and to determine if any individual portion or combination of these systems is inadequate to prevent a structural failure (collapse or partial collapse).

(C)    General. Each building shall be treated as an individual case without prejudice or comparison to similar type or aged buildings which may have greater or lesser earthquake resistance. Generalities or stereotypes are to be avoided in the evaluation process by focusing on the specifics of the structural system of the building in question and the local geology of the land on which the building is constructed.

(D)    Level of Investigation. Some buildings will require extensive testing and field investigation to uncover potential structural deficiencies, while others will allow the same level of overall evaluation by a less complicated process due to the simplicity of design or availability of original or subsequent alteration design and construction documents.

It is the responsibility of the engineer performing the evaluation to choose the appropriate level of investigation which will produce a report that is complete and can serve as a sound basis for a conclusion on the collapse hazard the building may present.

(E)    Format for the Report. The following is a basic outline of the format each engineering report should follow. This outline is not to be construed to be a constraint on the professional preparing the report, but rather to provide a skeleton framework within which individual approaches to assembling the information required by the ordinance may be accomplished. It also will serve as a means for the City to evaluate the completeness of each report.

General Information. A description of the building including:

(1)    The street address.

(2)    The type of occupancy use with the building.

(3)    A plan showing the square footage of each use.

(4)    A plan showing location, type and extent of lateral force resisting elements in the building, horizontal & vertical.

(5)    The date of original and any subsequent additions, or structural alterations of the building.

(6)    The name and address of the original designer and contractor, if known, for item (5).

Investigation and Evaluation of Structural Systems. All items to be investigated and the methods of investigation for each type of building under consideration are available from the city’s building inspection department.

(F)    Test Reports. All field and laboratory test results shall be included in the report. Evaluation of the significance of these test results shall be made with regard to each structural system or typical connection being evaluated. This evaluation may be limited to a statement of the adequacy or inadequacy of the system or connection based on the lateral load demand it would be required to resist by calculation. If tests reveal inadequacy, a conceptual solution must be included in the report.

(G)    Conclusion. Based on the specific evaluation items, a statement shall be provided explaining the overall significance of the deficiencies found to exist in the building’s lateral force resisting systems regarding potential collapse or partial collapse failure.

Recommendations. An appropriate solution, which could be used to strengthen the structure to alleviate any collapse or partial collapse threat, shall be specified.

(H)    Exceptions and Alternatives. Exceptions to the specific items required to be included in an engineering report may be granted by the Building Official upon review of a written request from the engineer preparing the report. Such a request shall provide evidence that adequate information concerning the required item(s) can be determined by alternate means or that a conclusion can be made about the item(s) without following the solution called for in the appropriate section. The purpose of granting such exceptions shall be to reduce the cost or disruption that would result from taking required actions, when it can be shown that they are unnecessary to provide information available by other equivalent means. In no case will an exception be granted which would result in an item not being completely evaluated. The decision of the building official in granting exception is final.

(I)    Reports for buildings in category I of section 5.3.6.3 shall be submitted within one and one-half (1-1/2) years of receiving notice pursuant to section 5.3.6.3. Reports for buildings in category II of section 5.3.6.3 shall be submitted within two (2) years of receiving notice pursuant to section 5.3.6.3. Reports for buildings in category III of section 5.3.6.3 shall be submitted within two and one-half (2-1/2) years of receiving the notice pursuant to section 5.3.6.3. (Ord. No. 2019-08, § 3.)

5.3.6.5 Review of Reports.

(A)    The city may utilize the services of structural or civil engineers to assist the building official in determining if the submitted engineering reports conform to the requirements of this ordinance.

(B)    The cost of this review shall be recovered by a fee assessed from the building owner based on the time required for the review. This fee will be deducted from the plan review fee collected for any future construction work that deals directly with correcting any of the structural inadequacies specified in the engineering report.

(C)    Copies of the engineering reports shall be available to any interested individuals for a standard copying fee or may be reviewed in the building inspection department’s offices. (Ord. No. 2019-08, § 3.)

5.3.6.6 Responsibilities of Property Owners.

(A)    Notification of Building Tenants. A building owner shall notify all tenants, in writing, that a structural investigation has been performed and that the report is available at the building inspection department’s offices. This notice must be sent within thirty (30) days of the date the report is submitted to the City. A copy of the notice shall be sent to the building official of the City of Fairfield.

(B)    Letter of Intent. A building owner shall submit a letter to the building official within one (1) year of the date the report, required by section 5.3.6.4, indicating the owner’s intention for dealing with the potential collapse hazards found to exist in the building.

A building owner shall complete the improvements required by the report submitted pursuant to section 5.3.6.4 within five (5) years of the date the city approves the report pursuant to section 5.3.6.5. (Ord. No. 2019-08, § 3.)

5.3.6.7 Program Status Report to the City Council.

The building official shall submit a report to the city council on the status of the seismic hazards identification program. The report shall include information regarding the number of buildings analyzed, the severity of the structural inadequacies discovered and any action taken or to be taken by individual building owners to correct these inadequacies. (Ord. No. 2019-08, § 3.)

5.3.6.8 Report to the Seismic Safety Commission.

The building official shall submit a report to the state seismic safety commission which shall include the following:

(A)    A listing of the number of buildings identified and the total square footage, broken down by use.

(B)    A summary of the mitigation program implemented by the City of Fairfield with copies of the program and any ordinances attached to the report.

(C)    A summary of the status of the mitigation program listing the number of building owners notified, number of buildings strengthened and if the city offered any incentive programs to the building owners. (Ord. No. 2019-08, § 3.)

5.3.6.9 Remedies.

It shall be unlawful for the owner of a building identified as being included in the scope of this ordinance to fail to submit a report on either building collapse hazards or external hazards within the time period specified in section 5.3.6.4, or to fail to submit a letter of intent within the time period specified in section 5.3.6.6. The following remedies are available to the city:

(A)    The City may seek injunctive relief on behalf of the public to enjoin a building owner’s violation of this ordinance.

(B)    A building owner violating this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment. Such building owner is guilty of a separate offense for each and every day during any portion of which such violation of this ordinance is committed, continued or permitted by such building owner.

(C)    These remedies are not exclusive. (Ord. No. 2019-08, § 3.)