Chapter 8.85
EXTERIOR ELEVATED ELEMENTS
Sections:
8.85.080 Administrative regulations.
8.85.100 Violations and remedies.
8.85.010 Title.
This chapter shall be known as the exterior elevated elements ordinance. (Ord. 09-2025 § 1, 5-20-25.)
8.85.020 Purpose and intent.
The purpose of this chapter is to establish exterior elevated elements standards that:
(a) Implement the requirements of Senate Bill (SB) 721 (2018) (Cal. Health & Safety Code § 17973) and SB 326 (2019) (Cal. Civil Code § 5551) intended to maintain the structural integrity of exterior elevated elements of multifamily residential buildings; and
(b) Adopt regulations for the city to implement and enforce these requirements. (Ord. 09-2025 § 1, 5-20-25.)
8.85.030 Definitions.
Whenever the following terms are used in this chapter, they shall have the meaning established by this section:
(a) “Exterior elevated element” means the following types of structures and load bearing components, including their supports, associated waterproofing systems, and railings: balconies, decks, porches, stairways, walkways, and entry structures that extend beyond exterior walls of the building and which have a walking surface that is elevated more than six feet above ground level, are designed for human occupancy or use, and rely in whole or in substantial part on wood or wood-based products for structural support or stability of the exterior elevated element as defined now or hereafter in Cal. Health & Safety Code § 17973(o) and Cal. Civil Code § 5551(n). (Ord. 09-2025 § 1, 5-20-25.)
8.85.040 Applicability.
Multifamily buildings with three or more units, including apartments and common interest developments, shall be subject to the requirements of this chapter. (Ord. 09-2025 § 1, 5-20-25.)
8.85.050 Inspections.
All buildings subject to this chapter shall have the exterior elevated elements inspected as follows:
(a) Multifamily dwellings with three or more units: the first inspection of exterior elevated elements to be completed by January 1, 2026. Subsequent inspections are required by January 1st every six years thereafter. The inspection of new buildings shall occur no later than six years following the issuance of a certificate of occupancy from the community development department.
(b) Common interest developments: the first inspection of exterior elevated elements to be completed by January 1, 2026. Subsequent inspections are required by January 1st every nine years thereafter. The inspection of buildings for which a building permit application has been submitted on or after January 1, 2020, shall occur no later than six years following the issuance of a certificate of occupancy from the community development department.
(c) Inspection Reports. A copy of any inspection report completed pursuant to Cal. Health & Safety Code § 17973 or Cal. Civil Code § 5551 that (1) recommends immediate repairs, (2) advises that any multifamily building assembly poses an immediate threat to the safety of the occupants, or (3) prevents occupant access, shall be provided by the inspector to the owner of the building and to the city of Fremont code enforcement division within 15 days of completion of the report. All other inspection reports shall be submitted to the city of Fremont code enforcement division within 60 days of completion of the report. (Ord. 09-2025 § 1, 5-20-25.)
8.85.060 Repairs.
(a) Repairs of exterior elevated elements for all multifamily buildings shall be subject to the following performance standards:
(1) Emergency Repairs. An exterior elevated element that the inspector advises poses an immediate threat to the safety of the occupants, or finds preventing occupant access or emergency repairs, including shoring, or both, are necessary, shall be considered an emergency condition and the owner of the building shall perform required preventive measures immediately. Immediately preventing occupant access to the exterior elevated element until emergency repairs can be completed constitutes compliance with this subsection. All repairs of emergency conditions shall comply with the requirements of Cal. Health & Safety Code § 17973(g), be inspected by the inspector, and reported to the code enforcement division.
(2) Nonemergency Repairs. The owner of the building requiring corrective work to an exterior elevated element that, in the opinion of the inspector, does not pose an immediate threat to the safety of the occupants, shall apply for a permit within 120 days of receipt of the inspection report.
(3) Once the permit is approved, the owner of the building shall have 120 days to make the repairs unless an extension of time is granted by the code enforcement division. All repairs shall meet the requirements of Cal. Health & Safety Code § 17973(g).
(b) Repair Certification Affidavit. If the inspection report identifies the need for any repairs or maintenance, whether or not building permits are required for the identified scope of work, property owners shall provide proof of compliance with this chapter by having a licensed general contractor, architect or engineer, or other qualified individual as determined by the building official or designee, submit an inspection affidavit to the building official or designee on a form provided by the city certifying that all required repairs and maintenance have been completed and exterior elevated elements are now in safe condition, adequate working order and free from deterioration, decay, corrosion or similar damage and there is no evidence of active water intrusion in concealed spaces of the inspected elements. (Ord. 09-2025 § 1, 5-20-25.)
8.85.070 Exemption.
Multifamily dwelling and common interest development buildings with three or more units that are exempt from the requirements of Cal. Health & Safety Code § 17973 and Cal. Civil Code § 5551 shall submit a signed affidavit to the city of Fremont code enforcement division on the form approved by the city. (Ord. 09-2025 § 1, 5-20-25.)
8.85.080 Administrative regulations.
The building official or designee is authorized to adopt administrative regulations, which may include, but are not limited to, reporting requirements, documentation of repairs or maintenance, and enforcement procedures, to implement the provisions of this chapter. (Ord. 09-2025 § 1, 5-20-25.)
8.85.090 Fees.
The city council may establish and amend by resolution all fees and charges as may be necessary to effectuate the purpose of this chapter. (Ord. 09-2025 § 1, 5-20-25.)
8.85.100 Violations and remedies.
(a) Violation of this chapter is punishable as set forth in Title 1, General Provisions.
(b) Violation of this chapter is a public nuisance subject to abatement under Title 8, Health and Safety, Chapter 8.60, Neighborhood Preservation. (Ord. 09-2025 § 1, 5-20-25.)