CHAPTER 5
BUILDING AND HOUSING CODES

Article I. Building Code.

5.1 Building Code - adopted.

For the purpose of prescribing regulations governing conditions hazardous to life and property from the built environment, fire or explosion and to safeguard the public health, safety and general welfare, those certain Codes and Standards known as the 2016 California Building Code, Title 24, Part 2 of the California Code of Regulations (“California Building Code” or “CBC”), including Division II of Chapter 1, and also those portions of the 2015 International Building Code published by the International Code Council, Inc. that are not inconsistent with the California Building Code, are hereby adopted by reference. These Codes and Standards are hereby adopted and incorporated as fully as if set out at length herein, save and except such portions as are deleted, modified or amended by Section 5.2 of this Article I of Chapter 5, and collectively shall be known as the Building Code of the City of Fairfield. A copy of such Code has been deposited in the office of the City Building Division and shall be, at all times, maintained by said Division for use and examination by the public (Ord. No. 99-9, § 1; Ord. No. 2002-22, § 1; Ord. 2007-24, § 1; Ord. 2010-10, § 1; Ord. No. 2013-23, § 1; Ord. No. 2016-11, § 1.)

5.1.1 Expedited review of small residential rooftop solar energy system permits.

A.    DEFINITIONS

1.    "Electronic submittal" means submittal by means of any computer based electronic plan review software maintained, operated, and utilized by the City while receiving applications through the internet.

2.    "Small residential rooftop solar energy system" shall have the same meaning as provided in the Solar Rights Act, Government Code § 65850.5(j)(3), as the same may be amended from time to time.

B.    SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM STANDARD PLAN AND PERMIT APPLICATION CHECKLIST

1.    The City shall adopt standard plan(s) and checklist(s) of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. The small residential rooftop solar system standard plan(s) and checklist(s) 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.

2.    All documents required for the submission of a small residential rooftop solar energy system permit application, the standard plan(s), and checklist(s) shall be made available on the publicly accessible City website.

3.    Electronic submittal of the required permit application and documents shall be available to all small residential rooftop solar energy system permit applicants. An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. Electronic permit applications shall be submitted through the method of electronic submittal specified by the Building Official.

C.    PERMIT APPLICATION REVIEW

1.    An application that satisfies the information requirements in the checklist and standard plan shall be deemed complete.

2.    If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

3.    The Building Official shall issue a building permit the same day for over-the-counter applications or within 1-3 business days for electronic applications from the date of receipt of a complete application that meets the requirements of the approved checklist and standard plan, or as soon thereafter as may be practicable. Review of the application shall be limited to the Building Official’s review of whether the application meets local, state, and federal health and safety requirements.

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

D.    INSPECTION REQUIREMENTS

1.    Inspection requests may be made by electronic submittal, as required by the Building Official.

2.    Only one inspection shall be required for small residential rooftop solar energy systems eligible for expedited review.

3.    The inspection shall be done in a timely manner. The Building Official shall strive to schedule an inspection within two [2] business days of a request and provide a two- [2] hour inspection window.

4.    If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this Section. (Ord. No. 2015-11, § 1; Ord. No. 2017-12, § 1.)

5.1.2 Expedited building 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, as it read on January 1, 2016, and delivers electricity from a source outside of an electric vehicle into a plug-in electric vehicle.

2.    “Electronic submittal” shall have the same meaning as in Section 5.1.1 of this Code.

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 adopt 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 adopted by the City 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 health and safety requirements of state and federal law, 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. 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. 2017-12, § 2.)

5.2 Building Code - amendments.

In accordance with Section 5.1 of this Code, the following Sections and Appendices of the Building Code are amended as follows with express findings of local necessity where required:

(a)    California Building Code Appendices Chapters G, I, and J are hereby adopted by reference and incorporated as though fully set forth herein as part of the City Building Code.

(b)    CBC Chapter 1, Division II, Section 101.2 shall have added thereto the following language:

(1) No wrecking or demolition of any building or structure shall be started until the person who will accomplish such wrecking or demolition has complied with all of the provisions of this Section.

(2) 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.

(3) 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.

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

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

(6) 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.

(7) 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.

(8) 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.

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

(c)    CBC Chapter 1, Division II, Section 104.10 shall have added thereto the following:

The Building Official may make minor variances from the specific requirements of this Code or any other portion of the Fairfield City Code enforced by the Building Official when such variances are reasonable and when in the Building Official’s opinion, such changes will not create a hazard to human life or health or constitute a fire hazard.

(d)    CBC Chapter 1, Division II, Section 113.4 is added as follows:

Section 113.4 Board of Appeal 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 the Board of Appeals 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 mem-

bers of the NSICC are well versed in the technical and administrative provisions of construction codes.

(e)    CBC Chapter 1, Division II, Section 105.1.3 is added as follows:

105.1.3 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:

1) Name and address of the owner of the building.

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

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

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

5) The location to which such building is to be moved.

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

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

8) 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.

9) Approval from Community Development Department, Planning Division.

10) Approval from Public Works Department, Engineering Division.

11) Subsections 6 and 7 shall not apply when the building or structure is being moved outside the City.

12) 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.

(f)    CBC Chapter 1, Division II, Section 105.2 shall have added thereto the following:

The Building Official may by administrative order waive permit requirements for minor structures or portions thereof which are not inimical to public health, safety or welfare or special purpose, or do not fall within the purview or the intention of this Code

Building: Item 14. Repairs to roof covering not exceeding a total of 100 square feet within any 12 month period.

(g)    CBC Chapter 1, Division II, Section 105.2, Building: Item 9, is hereby amended as follows:

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 925L) and are installed entirely above ground.

(h)    CBC Chapter 1, Division II, Section 105.3.1 shall have added thereto the following:

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 5.4.3 of the City Code, a building permit shall not be issued for any structure until:

(1) All other 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.

(2) 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.

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.

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 5.2(h)(1) of the City Code 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 Director of Public Works that payment of the incremental increase substantially decreases the possibility that the construction of the project will be completed;

(e) the Director of Public Works determines that the project's state of partial construction creates a nuisance or otherwise provides an unsafe environment for the citizens of Fairfield.

The Director of Public Works shall condition any reduction of fees pursuant to this Exception 1 upon the applicant's completion of the project within a time certain.

(i)    CBC Chapter 1, Division II, Section 109 shall be amended to read as follows:

CBC Chapter 1, Division II, Section 109.1 Payment of Fees.

A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. Upon approval by the Building Official, no-fee permits may be issued for qualified projects or departments of the City or other governmental agencies and for small work not inimical to public health, safety or welfare.

CBC Chapter 1, Division II, Section 109.2 Schedule of Permit Fees.

The fee for each permit shall be as set forth in Table 1-A of the 1997 Uniform Building Code. Notwithstanding the fees set forth in Table 1-A of the 1997 Uniform Building Code, the minimum permit fee for any construction permit shall be not less than $60.

The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finished work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment.

CBC Chapter 1, Division II, Section 109.3 Plan Review Fees.

When submittal documents are required by Section 107.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the building permit fee as shown in Table 1-A of the 1997 Uniform Building Code.

The plan review fees specified in this Section are separate fees from the permit fees specified in Section 109.2 and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items per Section 107.3.4.1, an additional plan review fee shall be charged at the rate shown in Table 1-A of the 1997 Uniform Building Code.

CBC Chapter 1, Division II, Section 109.4 Expiration of Plan Review.

Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days on request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

CBC Chapter 1, Division II, Section 109.5 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 permit fee or a fee of sixty dollars ($60.00), whichever is greater, 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.

If no action is taken by the responsible party to abate a nuisance as determined by the Building Official within the stated timeframe as documented in a Notice and Order (N&O), the Building Official may fine said party $100 after the first N&O, $200 after the second N&O, and $500 after all subsequent N&O’s related to the same investigation.

CBC Chapter 1, Division II, Section 109.6 Fee Refunds.

The Building Official may authorize refunding of any fee paid hereunder which was erroneously paid or collected.

The Building Official may authorize refunding of not more than 80 percent of the permit fee paid when a permit is canceled by the permit applicant and no work has been done under the permit issued in accordance with this Code.

The Building Official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.

The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment.

No permit fee or portion thereof shall be refunded where any portion of the work authorized by the permit has commenced or where the permit has been lawfully suspended or revoked by the Building Official.

Plan Retention Fee: For the purpose of maintaining copies of plans for commercial and industrial buildings pursuant to Chapter 10, Section 19850, California Health & Safety Code, a fee of $1.00 a sheet shall be paid at the time of permit.

Plan Duplication Fee: For the purpose of recovering the administrative costs for the duplication of copies of building plans, specifications, structural calculations, geotechnical reports and other pertinent records which require retrieval from archives pursuant to Chapter 10, Section 19851(e), California Health & Safety Code, a fee of $25.00 is established to cover the cost of locating, notifying and obtaining written permission to duplicate the plans and supporting documents, from the current owner and the design professional of the building.

For each building to be moved, and before any permit may be issued, there shall be an inspection fee collected from the owner of such building as follows:

(1) A building within the City limits - $40.00

(2) A building outside the City limits - $50.00

(j)    CBC Chapter 1, Division II, Section 110.5 shall have added thereto the following:

The Building Official may refuse to make any requested inspection on any site or building where a violation of the California Occupational Safety and Health Act exists in the area where such inspection must be made. The Building Official shall notify the permittee of his refusal to make the inspection and the reasons therefor by posting such notice near the inspection record card. The permittee shall correct the hazardous condition to provide the required safe working area for the Building Official to make the necessary inspection and shall then request that such inspection be made. If, at the time the request for reinspection is made, any such hazardous condition has not been corrected, the Building Official shall notify the California Division of Industrial Safety of the existence thereof.

(k)    CBC Chapter 1, Division II, Section 110.3.8 shall have added thereto the following:

For the purpose of supporting mortgages insured by the Veterans Administration, Cal-Vet and the Federal Housing Administration, the Building Official may, upon proper request, make a visual inspection of residential structures within the City to determine if such structures comply with the applicable Sections of the Building Code and any other Section of the City Code which govern the construction, alteration, or repair of residential buildings.

A request for an inspection made pursuant to the provisions of this article shall be made by the owner of the structure to be inspected. Such request shall be in writing and shall be submitted on a form provided by the Building Official.

If the structure is found to be in compliance with all City Code requirements, the Building Official may, if requested to do so by the owner, execute a certificate or statement stating the structure has met all applicable City Code requirements, and all other Sections of the City Code which are applicable to the construction, alteration or repair of buildings. If the structure is found to be not in compliance with all City Code requirements, the Building Official shall provide the owner with a detailed statement indicating the reason why such structure does not so comply. Any certificate or statement issued under this article shall be based upon a visual inspection of the structure and the Building Official shall not be required to certify as to items or defects which would not be readily visible.

(l)    CBC Chapter 1, Division II, Section 111.1 shall have added thereto the following:

Use or Occupancy - No building or structure in occupancy Groups A to S, inclusive, shall be used or occupied, and no change in existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a certificate of occupancy therefor as provided herein. After the initial certificate of occupancy for Group R 3 has been issued, no additional certificate shall be required.

No mobile office or mobile home, travel trailer, motor home or any other vehicle shall be used for any occupancy other than that which is allowed in a mobile home park and those occupancies must be confined within the boundaries of an approved mobile home park. Exceptions: 1) those mobile homes permitted by State law to be placed on single-family lots when meeting the requirements set forth by the Community Development Department, Planning Division; and 2) when approved by the Building Official and the Community Development Department, Planning Division, mobile offices associated with construction projects may be permitted on a temporary basis.

(m)    CBC Chapter 1, Division II, Section 111.2 shall have added thereto the following:

A certificate of occupancy shall not be issued for any structure until all applicable City ordinances have been complied with and moneys due have been paid in full, unless deferred by City Council action or pursuant to City Code Section 5.4.3.

(n)    CBC Chapter 1, Division II, Section 117 is added as follows:

117. Safety Assessment Placards:

This Section establishes standard placards to be used to indicate the condition of a structure related to 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 continued occupancy.

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

INSPECTED – Lawful Occupancy Permitted is to 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 is to 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 – 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. Safety assessment teams shall be authorized to enter these buildings at any time. 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.

This Ordinance number, the name of the jurisdiction, its address, and phone number shall be permanently affixed to 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.

(o)    CBC Section 718.2.5 shall have added thereto the following:

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.

(p)    CBC Section 903.2 is hereby deleted and replaced as follows:

Section 903.2

Where required. An automatic fire extinguishing system shall be installed and maintained in all buildings hereinafter constructed with the following exceptions:

1. A single story structure with a maximum area of 2,000 square feet with a B, M, or U type occupancy not requiring a fire permit. The building may not create any condition that endangers existing structures or hampers emergency response.

2. Group R-3.1 occupancies converted from non-sprinklered R-3 occupancies and not housing more than one bedridden clients, not housing non-ambulatory clients above the first floor, and not housing clients above the second floor.

All Group R-1, R-2 and R-3.1 occupancies 5,000 square feet or larger allowed to install either a NFPA 13D or 13R system, will be required to install a full protection NFPA 13 automatic fire sprinkler system within the attic areas only. This is in addition to the 13D or 13R system in the habitable areas.

(q)    CBC Subsections 903.2.1, Group A, through Subsection 903.2.11.3, Buildings 55 feet or more in height, are deleted.

(r)    CBC Section 903.3.5.2, Residential combination services, is hereby deleted in its entirety.

(s)    CBC Section 903.6, Existing buildings, is added as follows:

Any existing building which was not required to be protected by an automatic fire sprinkler system, according to codes in effect at the time of its construction, shall have installed throughout the building, in accordance with NFPA 13, an automatic fire sprinkler system whenever any of the following conditions are met:

1. Alterations, repairs or remodels. When the floor area of an alteration, repair or remodel exceeds 50% of the gross floor area of the existing building.

2. Additions. When the floor area of the addition shall increase the gross floor area of the existing building by 50%.

3. Change of occupancy. When there is a change in occupancy type, use or character of the building that results in an increased life safety or fire risk as determined by the Fire Chief.

(t)    CBC Sections 907.6.6.4 and 907.6.6.5 shall be added as follows:

907.6.6.4 Listing of fire alarm systems. All fire alarm systems shall be UL listed Central Station service systems as defined by the National Fire Alarm and Signaling Code.

907.6.6.5 Certification. Fire alarm systems shall be UL Certified and a Certificate of Completion and other documentation listed in Chapter 14 of the National Fire Alarm and Signaling Code shall be provided for all new fire alarm system installations.

(u)    CBC Section 1505.1.3, shall have added thereto the following:

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

(v)    CBC Sections 1507.8 shall have added thereto the following:

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

(w)    CBC Sections 1507.9 shall have added thereto the following:

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

(Ord. No. 59-14, § 2; Ord. No. 59-26, § 1; Ord. No. 61-22, § 1; Ord. No. 65-12, § 1; Ord. No. 67-24, § 1; Ord. No. 70-19, § 1; Ord. No. 73-21, § 1; Ord. No. 75-24, § 1; Ord. No. 78-4, § 2; Ord. No. 80-16, § 2; Ord. No. 84-6, § 1; Ord. No. 84-39, § 2; Ord. No. 87-5, § 1; Ord. No. 87-14, § 2; Ord. No. 87-29, §§ 1, 2; Ord. No. 89-27, § 2; Ord. No. 92-13, § 2; Ord. No. 93-02, § 1; Ord. No. 93-13, § 1; Ord. No. 95-24, § 2; Ord. No. 95-25, § 2; Ord. No. 99-7, § 2; Ord. No. 99-9, § 2; Ord. 2007-24, § 2; Ord. 2010-10, § 2; Ord. No. 2013-23, § 2; Ord. No. 2016-11, § 2.)

5.2.1 Swimming Pools.

(a)    No person, firm or corporation shall install any structure intended for swimming or recreational bathing that contains water over 18 inches without first having obtained a building permit from the Building Official. Hot tubs, spas, permanent or portable & non-portable wading pools regardless of water capacity shall meet all the requirements of this Code.

(b)    All swimming pools with a capacity of five thousand (5,000) gallons or more shall be provided with a circulating system equipped with an approved filter.

(c)    When filing an application for a building permit to install a swimming pool, the applicant shall submit for approval: 3 sets of plot plans, 2 sets of a site-specific steel schedule, 2 sets of electrical load calculations if the existing electrical service is 125 amps or less. The plans shall contain the following information:

1.    Name and address of the owner of the property.

2.    A plot plan showing the distance from the pool excavation to the property lines and all structures on the property. It shall be the responsibility of the permittee to investigate and detail on the plot plan the location of all recorded easements on the property.

3.    The plot plan shall also indicate the location of the equipment pad and size and location of the gas line and meter if applicable.

4.    The steel schedule shall indicate the site-specific requirements signed by a registered engineer.

5.    The electrical load calculations for residential occupancies, if required, shall be based on Article 220-30 of the California Electrical Code.

6.    Any person entering into an agreement to build a swimming pool shall give the consumer notice of the requirements of this ordinance. A signed statement of verification from the consumer shall accompany the plans.

(d)    No permit shall be issued by the Building Official for a commercial pool until the plans have been approved by Solano County Department of Environmental Health Services.

(e)    Plastic water piping (PVC) used for circulating lines need only have a soil burial depth of 12 inches. PVC piping used as risers shall be painted with latex paint to provide protection from exposure to the sun. All circulation piping shall be subjected to a minimum water pressure of thirty-five (35) pounds prior to and during inspection. Piping shall not leak when subjected to such test.

(f)    No permanent drainage connection shall be made between any storm drain, sewer, drainage system, or drywell piping connected to a swimming pool.

(g)    Materials associated with the installation of the pool, including excavated soil, shall not be stored in a public easement. An encroachment permit shall be obtained through the Public Works Department to access a pool construction site through a City owned easement.

(h)    A site inspection by the City of Fairfield Public Works Department & Building Division prior to permit issuance is required.

(i)    No portion of a swimming pool may be constructed in any public utility easement or utility right-of-way.

(j)    There shall be a distance of at least four (4) feet between the pool excavation and any side or rear property line and at least five (5) feet between the pool excavation and any other structure. A liner type pool shall have a minimum clearance of five (5) feet from any structure plus an additional foot of clearance for every foot of depth after a five (5) foot depth.

(k)    Overhead conductor clearance shall comply with Article 680-8 of the California Electric Code.

(l)    Residential pools shall be surrounded by an enclosure or a portion of a building wall not less than 60 inches nor greater than 72 inches in height. Openings, gaps, or voids, if any, shall not allow passage of a sphere equal to or greater than 4 inches in diameter with a maximum vertical clearance from the ground to the bottom of the enclosure of 2 inches. The outside surface shall be free of protrusions, indentations or cutouts which render the enclosure easily climbable. A temporary fence shall be installed during excavation. Any access gate shall open away from the pool area and be equipped with a self latching device.

(m)    In addition to the enclosure listed in Section 5.2.1(l) the swimming pool shall comply with the provisions of Health & Safety Code Section 115920 (Swimming Pool Safety Act).

(o)    Plans submitted for pools in commercial and apartment complexes shall include a detail showing protection to the pool from unauthorized entrance. Plan approval will be granted on an individual basis.

(p)    Anti-siphon valves, or vacuum breakers, shall be installed on all hose bibs which are used in conjunction with the pool or are located less than twenty-five (25) feet from the pool.

(q)    All plumbing shall comply with the latest edition of the California Plumbing Code adopted by the City of Fairfield.

(r)    All wiring shall conform to the latest edition of the California Electrical Code adopted by the City of Fairfield.

(s)    Fees for swimming pools and spas shall be as follows:

Building Permit

Based on Table 1A, 1997 Uniform Building Code

Electric Permit

Based on Table 3A, 1996 National Electric Code

Plumbing Permit

Based on Table 1-1, 1997 Uniform Plumbing Code

Heating Permit

Based on Table 1A, 1997 Uniform Mechanical Code

(Ord. 2002-22, § 3; Ord. 2007-24, § 3.)

5.3 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. 59-14, § 3.)

5.4 Penalties.

(a)    Violation of this article shall be an infraction punishable as provided in section 1.7 of this code.

(b)    Any use of property contrary to the provisions of this chapter shall be, and the same is hereby declared to be a public nuisance, and the city attorney may immediately commence actions and proceedings for the abatement, removal, and enjoinment thereof, in the manner provided by law and may take such other steps, and may apply to any court as may have jurisdiction to grant such relief as will abate and remove such use, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining, or using any property contrary to the provisions of this article.

(c)    Whenever any work for which a permit is required under the provisions of this Code has been commenced without the authorization of such a 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 of fifty-five dollars ($55) shall be collected. The payment of the investigation fee shall not exempt any person, firm or corporation from compliance with the provisions of this Code not from any penalty prescribed by law. No investigation fee shall be charged for emergency work.

(d)    The remedies provided in this chapter shall be cumulative and not exclusive to any other remedy provided by law. (Ord. No. 99-9, § 4.)

5.4.1 Factory-built housing inspection fees.

Pursuant to Health and Safety Code § 19992, the following inspection fees are established for the installation of factory-built housing:

(a)    Building permit: $20.00 per square foot.

(b)    Plan check: 65% of building permit (charged only for first model).

(c)    S.M.I.P.: .00007 times valuation.

(d)    Plumbing: $20.00 per unit.

(e)    Electrical: $20.00 per unit.

(f)    Mechanical: $20.00 per unit. (Ord. No. 78-4, § 3; Ord. No. 84-30, § 1.)

5.4.2 Repealed by Ordinance 78-4, § 4.

5.4.3 Fee Deferral: Low and Moderate Income Housing.

(a)    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. 2002-24, § 1.)

(b)    Definitions. For the purposes of this Section, the following phrases shall be defined as follows:

(1)    "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 5.4.3(i);

(2)    “Eligible Projects” means those projects fulfilling the criteria outlined in Sections 5.4.3(c) and 5.4.3(d);

(3)    "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.

(4)    "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. 97-5, § 1.)

(c)    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 5.4.3(e):

(1)    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 5.4.3(d); and (Ord. 2002-24, § 1.)

(2)    The design of the housing project must not distinguish in outward appearance or quality between the affordable and market-rate units.

(d)    Affordability. A housing project must comply with the following affordability criteria in order to make an application for a Fee Deferral pursuant to Section 5.4.3(e): (Ord. 2002-24, § 1.)

(1)    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 (Ord. No. 97-5, § 1.)

(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. (Ord. No. 97-5, § 1.)

(2)    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. (Ord. No. 97-5, § 1.)

(3)    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.

(e)    Fee Deferral Application. The developer of an Eligible Project may submit an application to the Director of Planning and Development 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 5.4.3(c) and (d); 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. 97-5, § 1.; Ord. 2002-24, § 1.)

(f)    Selection of Project to Receive Fee Deferral. The Director of Planning and Development shall have the authority to grant a Fee Deferral to an Eligible Project.

(g)    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. 97-5, § 1; Ord. 2002-24, § 1.))

(h)    Enforcement. The Director of Planning and Development 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. 2002-24, § 1.)

(i)    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, which include but are not limited to fees imposed by the Uniform Building Code as incorporated into Chapter 5 of the Fairfield City Code. The Director of Planning and Development 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. 94-2, § 1; Ord. 2002-24, § 1.)

5.4.4 Fee Credit Bank: Low and Moderate Income Housing.

(a)    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. 2002-24, § 2.)

(b)    Definitions. For purposes of this Section, the following phrases shall be defined as follows:

(1)    "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 5.4.4(k); (Ord. 2002-24, § 2.)

(2)    “Eligible Projects” means those projects fulfilling the criteria outlined in Sections 5.4.4(f) and 5.4.4(g);

(3)    "Eligible Property" means those properties fulfilling the criterion outlined in Section 5.4.4(c);

(4)    "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 5.4.4(g); and

(5)    "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. 2002-24, § 2.)

(c)    Eligibility to Donate Credits. A property must comply with the following criteria to be eligible to donate credits;

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

(2)    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.

(d)    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. 2002-24, § 2.)

(e)    Calculation of Credits. Calculation of credits shall be based on documentation in the files of Building Division of the Public Works Department 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 Uniform Building Code, whichever is greater. (Ord. 2002-24, § 2.)

(f)    Eligibility to Apply for 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 5.4.4(h):

(1)    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 5.4.4.(g); and

(2)    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. 2002-24, § 2.)

(g)    Affordability. A housing project must comply with the following affordability criteria in order to make an application for a Fee Credit pursuant to Section 5.4.4(h):

(1)    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 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

(2)    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.

(3)    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.

(h)    Fee Credit Application. The developer of an Eligible Project may submit an application to the Director of Planning and Development 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 5.4.4(f) and (g) and an explanation of the Financial Gap which necessitates the use of fee credits.

(i)    Selection of Project to Receive Fee Credits. The Director of Planning and Development 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.

(j)    Record of Fee Credits. The Director of Planning and Development shall maintain all records pertaining to the Fee Credit Bank. The Building Division of the Department of Public Works 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.

(k)    Fees To Which Fee Credits May Apply. Fee Credits may include, but are not limited to, fees imposed by the Uniform Building Code as incorporated into Chapter 5 of the Fairfield

City Code. The Director of Planning and Development shall provide the applicant for a Fee Credit with a complete list of fees which are eligible for the Fee Credit Bank.

5.4.5 Fee Credit Bank: Commercial and Industrial Development Projects.

(a)    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 5.4.4.

(b)    Definitions. For purposes of this Section, the following phrases shall be defined as follows:

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

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

(3)    "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 5.4.5(j).

(4)    "Eligible Project" means a development project fulfilling the criteria outlined in Section 5.4.5(e), and which is not eligible for a fee credit under Section 5.4.4.

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

(6)    "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.

(7)    "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.

(8)    "Economic Impact" means a projected positive financial effect that the Eligible Project may have on the City of Fairfield economy.

(c)    Donation of a Fee Credit. A property owner is eligible to donate a Fee Credit to the Fee Credit Bank under the following conditions:

(1)    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.

(2)    The owner enters into a written agreement with the City of Fairfield to transfer the credit for fees to the Fee Credit Bank.

(d)    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.

(e)    Eligibility. A development project must meet the following conditions for a developer to apply for a Fee Credit:

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

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

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

(4)    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.

(f)    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 5.4.5(e).

(g)    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 5.4.5(e) 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 5.4.5(e).

(h)    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.

(i)    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).

(j)    Fee Credit Agreement.

(1)    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.

(2)    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.

(3)    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.

(4)    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. 2017-09, § 2.)

5.5 Mechanical Code - adopted.

Except as hereinafter provided, Title 24, Part 4 of the California Code of Regulations, known as the 2016 California Mechanical Code (CMC), incorporating the 2015 edition of the Uniform Mechanical Code including the appendix thereof published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference and incorporated as though fully set forth herein and shall constitute the Mechanical Code of the City of Fairfield. A copy of such Code has been deposited in the office of the City Building Division and shall be, at all times, maintained by said Division for use and examination by the public. (Ord. No. 99-9, § 6; Ord. 2002-22, § 5; Ord. 2007-24, § 4; Ord. 2010-10, § 3; Ord. No. 2013-23, § 3; Ord. No. 2016-11, § 3.)

5.6 Mechanical Code - amendments.

Notwithstanding the provisions of Section 5.5 of this Code, the following Sections of the Mechanical Code are amended as follows with express findings of local necessity where required:

CMC Chapter 1, Division II is hereby adopted by reference and incorporated as though fully set forth herein as part of the City Mechanical Code.

(a)    CMC Chapter 1, Division II, Section 104.3.2 is deleted and replaced with the following:

Plan Review Fees shall be charged at the hourly rate of the City personnel performing the plan review, on a required time basis, with a minimum charge of 1 hour. A plan review fee shall not be charged for projects that do not require a plan review, as determined by the Building Official.

(b)    CMC Chapter 1, Division II, Section 104.5, including subsections 104.5.1 through 104.5.3, is deleted and replaced with the following:

Mechanical permit fees shall be computed as follows:

Permit fees shall be as set forth in Table 1-A of the 1997 Uniform Mechanical Code.

Exception:

(1) Single and multi-family residences at the time of initial construction shall be computed at the rate of $2.17 per 100 square feet, or fraction thereof, of the floor area. All relocation or replacement of equipment shall be as set forth in Table No. 1-A of the 1997 Uniform Mechanical Code.

(2) Commercial and industrial at the rate of one percent (1%) of the mechanical contract, plus issuance fee.

Investigation Fees shall be as detailed in Section 5.2(i) of the City Code.

Fee Refunds shall be as detailed in Section 5.2(i) of the City Code.

(c)    CMC Chapter 1, Division II, Section 107.0 shall be amended to read as follows:

CBC Chapter 1, Division II, Section 113.4, as amended by Section 5.2 (d) of the City Code shall define the CMC Board of Appeals.

(d)    CMC Section 310.0 shall have added thereto the following:

An approved plumbing fixture for the purpose of this Section shall be:

(1) an approved trapped and vented receptor connected to a sanitary sewer; or

(2) downspouts, when they terminate in an approved disposal area.

An approved disposal area for the purpose of this Section shall be:

(1) a dry well with a rock fill;

(2) a planting area large enough to accept the discharge wastes;

(3) a storm drain system; or

(4) a sanitary sewer system.

Condensate or waste water shall not drain over a public way, nor over any improved private walkway, driveway, or improved surface. A public way for the purpose of this Section shall be as defined in the California Building Code. The Building Official must make the final determination that no nuisance will be caused by the condensate.

The installation of condensate piping shall be as follows:

(1) MATERIALS (pipe). Approved corrosion-resistant pipe for the purpose of this Section shall be: cast iron, Durham Systems and hard drawn copper. EXCEPTION: In residential occupancies Schedule 40 PVC or other approved materials may be used.

(2) MATERIALS (Fittings). Short pattern 90 ells are prohibited. Use only recessed pattern fittings. Drainage pattern fittings are required for piping 1 1/4 inch and larger.

(3) TRAPS. A trap shall be installed in the condensate drain line, at the evaporator unit, when required by the manufacturer’s installation instructions.

Main condensate piping receiving condensate waste from more than one evaporator outlet shall be provided with an accessible cleanout at each change of direction.

(4) HANGERS AND SUPPORTS. All condensate piping shall be supported so as to maintain a straight alignment, a uniform slope and at intervals required by the California Plumbing Code.

(Ord. No. 99-9, § 7; Ord. 2007-24, § 5; Ord. 2010-10, § 4; Ord. No. 2013-23, § 4; Ord. No. 2016-11, § 4.)

5.7 Electrical Code - adopted.

Except as hereinafter provided, Title 24, Part 3 of the California Code of Regulations, known as the 2016 California Electrical Code (CEC), incorporating the 2014 edition of the National Electrical Code of the National Fire Protection Association, and the Uniform Administrative Code Provisions for the National Electrical Code, 1996 edition, are hereby adopted by reference and incorporated as though fully set forth herein and together shall constitute the Electrical Code of the City of Fairfield. Copies of such Codes have been deposited in the office of the City Building Division and shall be, at all times, maintained by said Division for use and examination by the public. (Ord. 2002-22, § 6; Ord. 2005-04, § 1; Ord. 2007-24, § 6; Ord. 2010-10, § 5; Ord. No. 2013-23, § 5; Ord. No. 2016-11, § 5.)

5.8 Electrical Code - amendments.

Notwithstanding the provisions of Section 5.7 of this Code, the following Sections of the Uniform Administrative Code Provisions for the National Electrical Code are amended as follows:

(a)    Permit fees shall be as set forth in Table 3-A of the Uniform Administrative Code Provisions for the National Electrical Code, 1996 edition:

Exception: Commercial and Industrial:

The fees for the original installation, repairs, alterations, or additions in commercial and industrial buildings shall be computed on the basis of one percent (1%) of the electrical contract price plus the issuing fee. Fees for the installation of commercial or industrial machinery and/or equipment may be computed from the Table 3A fee schedule.

(b)    The Uniform Administrative Code Provisions Section 103 – Definitions shall be amended as follows:

BUILDING CODE shall be the California Building Code

ELECTRICAL CODE shall be the California Electrical Code

(c)    The Uniform Administrative Code Provisions Section 203 is amended to read as follows:

CBC Chapter 1, Division II, Section 113, as amended by Section 5.2 (d) of the City Code shall define the CEC Board of Appeals.

(Ord. No. 99-9, § 9; Ord. 2007-24, § 7; Ord. 2010-10, § 6; Ord. No. 2013-23, § 6; Ord. No. 2016-11, § 6.)

5.9 Plumbing Code - adopted.

Except as hereinafter provided, Title 24, Part 5 of the California Code of Regulations, known as the 2016 California Plumbing Code (CPC), incorporating the 2015 edition of the Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference and incorporated as though fully set forth herein and shall constitute the Plumbing Code of the City of Fairfield. A copy of such Code has been deposited in the office of the City Building Division and shall be, at all times, maintained by said Division for use and examination by the public. (Ord. No. 99-9, § 10; Ord. 2002-22, § 8; Ord. 2007-24, § 8; Ord. 2010-10, § 7; Ord. No. 2013-23, § 7; Ord. No. 2016-11, § 7.)

5.10 Plumbing Code - definitions.

Notwithstanding the provisions of Section 5.9 of this Code, the following Sections of the Plumbing Code are amended as follows:

(a)    CPC Section 206.0, the term "Department [HCD 1, HCD 2 and HCD 1-AC]" is hereby deleted and replaced as follows:

Department: The term "department" shall mean the office of the Building Official of the City who is hereby charged with the administration of the CPC.

(Ord. No. 99-9, § 11; Ord. 2007-24, § 9; Ord. 2010-10, § 8; Ord. No. 2013-23, § 8; Ord. No. 2016-11, § 8.)

5.11 Plumbing Code - amendments.

Notwithstanding the provisions of Section 5.9 of this Code, the following Sections of the Plumbing Code are amended as follows with express findings of local necessity where required:

CPC Chapter 1, Division II is hereby adopted by reference and incorporated as though fully set forth herein as part of the City Plumbing Code.

(a)    CPC Chapter 1, Division II, Section 103.1 shall have added thereto the following:

The Authority Having Jurisdiction designated by this Section of the CPC shall be construed to mean the Building Official of the City.

The office of the Authority Having Jurisdiction shall be a part of the Community Development Department, Building Division.

The technical officers, inspectors, and other employees designated by this Section of the CPC shall be any person so designated by the Building Official of the City with the approval of the City Manager.

Environmental Health, Solano County Environmental Health Services or any or all public authorities, is or are lawfully charged with the enforcement of health laws within the City.

(b)    CPC Chapter 1, Division II, Section 104.3.2, is deleted and replaced as follows:

Plan Review Fees shall be charged at the hourly rate of the City personnel performing the plan review, on a required time basis, with a minimum charge of 1 hour. A plan review fee shall not be charged for projects that do not require a plan review, as determined by the Building Official.

(c)    CPC Chapter 1, Division II, Section 104.5, including subsections 104.5.1 through 104.5.3, is deleted and replaced as follows:

Cost of issuing permit - $22.00

Plumbing permit fees for new construction shall be computed as follows:

Single and multi-family residences, at the time of initial construction at the rate of $2.17 per 100 square feet, or fraction thereof of floor area, plus issuing fee.

Commercial and industrial at the rate of one percent (1%) of the plumbing contract, plus issuing fee.

Permit fees for alterations and repairs shall be computed by Table 1-1 of the 1997 Uniform Plumbing Code.

Investigation Fees shall be as detailed in Section 5.2(i) of the City Code.

Fee Refunds shall be as detailed in Section 5.2(i) of the City Code.

(d)    CPC Chapter 1, Division II, Section 107.0 shall have added thereto the following:

CBC Chapter 1, Division II, Section 113.4, as amended by Section 5.2 (d) of the City Code shall define the CPC Board of Appeals.

(e)    CPC Section 507.2 shall have added thereto the following:

An approved manufactured assembly shall be utilized for the anchorage and bracing of water heaters.

(f)    CPC Section 604.1 shall have added thereto the following:

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.

(g)    CPC Section 609.3 shall have added thereto the following:

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

(h)    CPC Section 719.1 shall have added thereto the following:

A cleanout shall be required for all new or replacement sewer lines on or near the front 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 cleanouts shall be made accessible by yard boxes or extending flush with grade with approved materials and be adequately protected.

(Ord. No. 99-9, § 12; Ord. 2007-24, § 10; Ord. 2010-10, § 9; Ord. No. 2013-23, § 9; Ord. No. 2016-11, § 9.)

5.12 Housing Code - adopted.

Title 25, Division 1, Chapter 1, Subchapter 1 of the California Code of Regulations, known as the State Housing Law Regulations, incorporating the 1997 edition of the Uniform Housing Code published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601-2298, is hereby adopted by reference and incorporated as though fully set forth herein and shall constitute the Housing Code of the City of Fairfield. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. (Ord. 2002-22, § 11; Ord. 2007-24, § 11.)

5.13 Code for the Abatement of Dangerous Buildings - adopted.

The 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601-2298, is hereby adopted by reference and incorporated as though fully set forth herein and shall constitute the Code for the Abatement of Dangerous Buildings of the City of Fairfield. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. (Ord. 2002-22, § 12; Ord. 2007-24, § 12.)

5.14 Woodburning Appliances.

5.14.1 Applicability.

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

B.    All woodburning appliances installed in new commercial buildings or woodburning appliances being added to or replacing woodburning 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 woodburning appliance and shall be subject to the requirements of this ordinance.

D.    A woodburning 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.

5.14.2 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 woodburning 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 woodburning 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 woodburning 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.    "Woodburning 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.

5.14.3 General Requirements.

A.    It shall be unlawful to install a woodburning 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 woodburning 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

5.14.4 Enforcement.

Any person who plans to install a woodburning 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. 2004-17, §2.)

5.15 Residential Code - adopted.

Except as hereinafter provided, Title 24, Part 2.5 of the California Code of Regulations, known as the 2016 California Residential Code (CRC), incorporating the 2015 edition of the International Residential Code, published by the International Code Council, Inc., is hereby adopted by reference and incorporated as though fully set forth herein and shall constitute the Residential Code of the City of Fairfield. A copy of such Code has been deposited in the office of the City Building Division and shall be, at all times, maintained by said Division for use and examination by the public. (Ord. 2010-10, § 10; Ord. No. 2013-23, § 10; Ord. No. 2016-11, § 10.)

5.16 Residential Code - amendments.

Notwithstanding the provisions of Section 5.15 of this Code, the following Sections of the Residential Code are amended as follows:

(a)    CRC Chapter 1, Division II is not adopted. The administrative provisions of CBC Chapter 1, Division II, as amended by City Code Section 5.2(b) through 5.2(n) are hereby adopted as the administrative provisions of the CRC.

(b)    CRC Section R902.1.3 shall have added thereto the following:

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

(c)    CRC Sections R905.7 shall have added thereto the following:

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

(d)    CRC Sections R905.8 shall have added thereto the following:

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

(e)    CRC Section R1005.3 shall have added thereto the following:

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. 2010-10, § 11; Ord. No. 2013-23, § 11; Ord. No. 2016-11, § 11.)

5.17 Green Building Standards Code - adopted.

Except as hereinafter provided, Title 24, Part 11 of the California Code of Regulations, known as the 2016 California Green Building Standards Code (CALGreen Code), published by the California Building Standards Commission, is hereby adopted by reference and incorporated as though fully set forth herein and shall constitute the Green Building Standards Code of the City of Fairfield. A copy of such Code has been deposited in the office of the City Building Division and shall be, at all times, maintained by said Division for use and examination by the public. (Ord. 2010-10, § 12; Ord. No. 2013-23, § 12; Ord. No. 2016-11, § 12.)

5.18 California Energy Code – adopted.

Except as hereinafter provided, Title 24, Part 6 of the California Code of Regulations, known as the 2016 California Energy Code, published by the California Building Standards Commission, is hereby adopted by reference and incorporated as though fully set forth herein and shall constitute the Energy Code of the City of Fairfield. A copy of such Code has been deposited in the office of the City Building Division and shall be, at all times, maintained by said Division for use and examination by the public. (Ord. No. 2013-23, § 13; Ord. No. 2016-11, § 13.)

Article II. Seismic Hazards Identification Program.

5.20 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.

5.21 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 diaghpragms, 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 Table 33-A of the currently adopted uniform 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 table. 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.

5.22 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:

I.    Buildings constructed of unreinforced masonry (URM).

II.    Buildings constructed prior to January 1, 1935 .

III.    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 5.22 (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 inspector 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:

1.    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.

5.23 Engineering reports.

a)    Preparation of reports. Each owner of a building described in section 5.22(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.

1.    General Information. A description of the building including:

(I)    The street address.

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

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

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

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

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

2.    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.

3.    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.

4.    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.

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

6.    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.

f)    Reports for buildings in category I of section 5.22(a) shall be submitted within one and one-half (1-1/2) years of receiving notice pursuant to section 5.22(b). Reports for buildings in category II of section 5.22(a) shall be submitted within two (2) years of receiving notice pursuant to section 5.22(b). Reports for buildings in category III of section 5.22(a) shall be submitted within two and one-half (2-1/2) years of receiving the notice pursuant to section 5.22(b).

5.24 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.

5.25 Responsibilities of the 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 5.23, was submitted, indicating the owner’s intention for dealing with the potential collapse hazards found to exist in the building.

1)    A building owner shall complete the improvements required by the report submitted pursuant to section 5.23 within five (5) years of the date the city approves the report pursuant to section 5.24.

5.26 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.

5.27 Report to the state seismic safety commission.

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

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

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

3.    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.

5.28 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 5.23, or to fail to submit a letter of intent within the time period specified in section 5.25. 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 in the Solano County jail 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. 89-40, § 1.)