Division 1. Fremont Building Standards Code
Chapter 15.05
GENERAL PROVISIONS
Sections:
15.05.020 Administration and enforcement.
15.05.030 Permit applications pending as of December 31, 2022.
15.05.060 Duties are discretionary.
15.05.010 Title.
This division shall be known and may be cited as the “Fremont building standards code” or “FBSC.” The Fremont building standards code consists of the California Building Standards Code, as codified in Title 24 of the California Code of Regulations, and as amended by this division. (Ord. 11-2022 § 2, 11-1-22.)
15.05.020 Administration and enforcement.
(a) The building and safety division is responsible for the administration and enforcement of the provisions of Title 15, Division 1, Chapters 15.05 through 15.30, and Chapters 15.40 through 15.49. “Building official” as referenced in this code means the building official.
(b) The fire prevention bureau, under the direction of the fire chief, is responsible for the administration and enforcement of the provisions of Chapter 15.35. “Fire marshal” as referenced in this division means the individual specified by the fire chief under Section 15.35.020(b). (Ord. 11-2022 § 2, 11-1-22.)
15.05.030 Permit applications pending as of December 31, 2022.
The provisions of this division shall take effect on January 1, 2023, except that where complete working drawings, plans, structural designs and specifications for buildings have been filed for building permits before this date, permits may be issued based on the previous ordinances and codes effective at the time of filing, and the applicant may proceed with the construction, provided physical construction is started within 365 days from the date of issuing the permit and continued to completion. Where construction has not commenced within 365 days of the issuance of a building permit which has been issued under any previous ordinance, no renewal or extension of such building permit shall be granted unless all of the requirements of the 2022 California Building Standards Code, as amended by the city of Fremont, are met. (Ord. 11-2022 § 2, 11-1-22.)
15.05.040 Findings.
The city council has adopted updated findings by resolution under Health and Safety Code Section 17958.7 for local modifications to the building standards contained in the 2022 California Building Standards Code based on local climatic, geological and topographical conditions as required by Health and Safety Code Sections 18941.5 and 17958.5. (Ord. 11-2022 § 2, 11-1-22.)
15.05.050 Violations.
A violation of any provision or failure to comply with any mandatory requirement of this division shall constitute an offense as set forth in Section 1.15.010. Each person, firm or corporation shall be charged with a separate offense for each and every day during any portion of which any violation of this division is committed, continued, or permitted by the person, firm or corporation and shall, upon conviction, be punished as set forth in Section 1.15.020.
It is hereby declared that any violation of this division constitutes a public nuisance, and in addition to any other remedies provided by this division for the enforcement of this division, the Fremont city attorney may bring a civil or criminal action to enjoin the violation of any provision of this division or pursue any other legal remedy.
The remedies described in this division are cumulative and in addition to any other remedies available for a violation of this division. (Ord. 11-2022 § 2, 11-1-22.)
15.05.060 Duties are discretionary.
Notwithstanding any other provision of this title or any provision of the California Building Standards Code, whenever the words “shall” or “must” are used in establishing a responsibility or duty of the city, its elected or appointed officers, employees, or agents, it is the legislative intent that such words establish discretionary responsibility or duty requiring the exercise of judgment and discretion.
All inspections specified herein shall be at the discretion of the fire code official and nothing in the California Building Standards Code or in the Fremont Municipal Code shall be construed as requiring the city to conduct any such inspection nor shall any actual inspection made imply a duty to conduct any other inspection. Furthermore, neither the California Building Standards Code nor the Fremont Municipal Code shall be construed to hold the city or any officers, employees or representatives of the city responsible for any damage to persons or property by reason of making inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection. (Ord. 11-2022 § 2, 11-1-22.)
15.05.070 Appeals.
(a) Where the provisions of this title allow for a board of appeals, the board shall be an administrative hearing officer appointed by the city manager. The appeal shall follow the process and procedures of Sections 8.60.120 through 8.60.150. The decisions of the hearing officer are final as to the city. The hearing officer shall have no authority relative to interpretation of the administrative provisions of this title nor shall the hearing officer be empowered to waive requirements of this title.
(b) An application for appeal shall be based on a claim that the true intent of this code has been incorrectly interpreted, the provisions of this code do not fully apply or an alternative provides at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. (Ord. 11-2022 § 2, 11-1-22.)