Fairfax Municipal Code Ch. 15.04 Buildings and Construction

(A) The following parts of Title 24, California Code of Regulations are adopted by reference as construction codes for the town, subject to the modifications included later in this title:

(1) 2025 California Administrative Code (Title 24, Part 1);

(2) 2025 California Building Code (Title 24, Part 2) based upon the 2024 International Building Code (IBC), including:

(a) Division II of Chapter 1, but not Section 113;

(b) Appendix Chapter A, Employee Qualifications;

(c) Appendix Chapter G, Flood-Resistant Construction;

(d) Appendix Chapter H, Signs;

(e) Appendix Chapter I, Patio Covers; and

(f) Appendix Chapter J, Grading.

(3) 2025 California Residential Code (Title 24, Part 2.5) based on the 2024 International Residential Code (IRC) including:

(a) Division 11 of Chapter 1, but not Section 112;

(b) Appendix BF Patio Covers;

(c) Appendix BH Automatic Vehicular Gates;

(d) Appendix BL Hemp Line (Hempcrete) Construction;

(e) Appendix BO Existing Buildings and Structures; and

(f) Appendix Cl Swimming Pool Safety Act.

(4) 2025 California Electrical Code (Title 24, Part 3) based upon the 2023 National Electrical Code (NEC), including:

(a) Article 89, but not Section 89.108.8.

(5) 2025 California Mechanical Code (Title 24, Part 4) based upon the 2024 Uniform Mechanical Code (UMC), including:

(a) Division II of Chapter 1, but not Sections 107.0, 107.1, 107.2.

(6) 2025 California Plumbing Code (Title 24, Part 5) based upon the 2024 Uniform Plumbing Code (UPC), including:

(a) Division II of Chapter 1, but not Sections 107.0, 107.1, or 107.2;

(7) 2025 California Energy Code (Title 24, Part 6);

(8) Division II of Chapter 1, but not Section 112;

(9) 2025 California Historical Building Code (Title 24, Part 8).

(10) 2025 California Existing Building Code (Title 24, Part 10) based upon the 2024 International Existing Building Code (IEBC) including the following chapters of Appendix A (Guidelines for the Seismic Retrofit of Existing Buildings):

(a) Chapter A1 Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings;

(b) Chapter A3 Prescriptive Provisions for Seismic Strengthening of Cripple Walls and Sill Plate Anchorage of Light, Wood-Framed Residential Buildings; and

(c) Chapter A4 Earthquake Risk Reduction in Wood-Frame Residential Buildings With Soft, Weak or Open Front Walls.

(11) 2025 California Green Building Standards Code (CALGreen) (Title 24, Part 11), including:

(a) Appendix A4 and Appendix AS Tier 1 measures, but excluding Appendix A4.2 and A5.2 (Energy Efficiency). The Tier 1 measures shall be mandatory for commercial and residential construction, and verification of such compliance shall be provided by the installer or designer.

(12) 2025 California Referenced Standards Code (Title 24, Part 12).

(13) 2024 edition of the International Property Maintenance Code, to the extent the same is not inconsistent with the California Buildings Standards Code (California Code of Regulations, Title 12, Parts 1-12), as adopted and amended herein.

(B) A copy of each of these documents is maintained in the office of the Building Official, and reference is made to them with like effect as if all the provisions and printed matter therein were herein set forth in full.

(Ord. 901, passed 11-5-2025)

Section 202 of the California Building Code and Section R202 of the California Residential Code are both hereby amended to add the definitions of "Second Unit" and "Substantial Remodel" as follows:

SECOND UNIT. A completely separate housekeeping unit with kitchen, sleeping and bathroom facilities which is a part of, an extension to, or a separate structure on a site developed with a single-family residence, in excess of the maximum density designated by the zoning district in which the property is situated or as prescribed thereby.

SUBSTANTIAL REMODEL. Shall mean the renovation of any structure, which combined with any additions to the structure, affects a floor area which exceeds fifty percent of the existing floor area of the structure within any 36-month period. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for the purposes of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings.

(Ord. 901, passed 11-5-2025)

Section 501.1 of the 2025 California Wildland-Urban Interface Code (Title 24, Part 7, California Code of Regulations) are hereby amended to read as follows:

501.1 Scope. This chapter applies to building materials, systems, and/or assemblies used in the exterior design and construction of new buildings, additions, repairs, and exterior alterations located within a Wildland Urban Interface Fire Area as defined in section 301.1.

Section 501.1.1 is hereby added to Chapter 5 of the 2025 California Wildland-Urban interface Code (Title 24, Part 7, California Code of Regulations) are hereby amended to read as follows:

501.1.1 Application.. New buildings, additions, repairs, and exterior alterations to buildings located in any Fire Hazard Severity Zone or any Wildland Urban Interface Fire Area designated by the enforcing agency constructed after the application date shall comply with the provisions of this chapter.

Exceptions:

1. Buildings of an accessory character and not exceeding 120 square feet in floor area, when located at least 30 feet from an applicable building.

2. Buildings of an accessory character classified as a Group U occupancy of any size located at least 50 feet from an applicable building.

3. Buildings classified as a Group U Agricultural Building, as defined in Section 202 and R202 of this code (see also Appendix C- Group U Agricultural Buildings), when located at least 50 feet from an applicable building.

Section 504.5.3 is hereby added to Chapter 5 of the 2025 California Wildland-Urban Interface Code (Title 24, Part 7, California Code of Regulations), which shall read as follows:

504.5.3. When more than fifty percent (50%) of exterior wall coverings of an existing structure are repaired or replaced within a thirty-six (36) month period, the entire exterior wall coverings shall comply with Section 504.5.2.

Section 903.2 of the California Building Code is hereby amended to read as follows:

903.2 Where Required. All Occupancies and Facilities. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12 and Sections 903.2.14 through 903.2.21. Additionally, an automatic fire sprinkler system shall be installed in all of the following:

1. Every newly constructed building and facility.

Exceptions:

a. Free standing Group U Occupancies not more than 1,000 square feet and provided with exterior wall and opening protection as per Table 602 of the California Building Code.

b. Agricultural buildings as defined in Appendix C of the California Building Code and not exceeding 2,000 square feet, having clear unobstructed side yard of combustible materials, exceeding 60 feet in all directions and not exceeding 25 feet in height.

2. In newly created second units.

Exceptions:

a. Parcels that are not within the Wildland Urban Interface Code, as established by the Town.

b. Parcels for which there is less than a thirty percent (30%) grade change between the subject parcel and Sir Francis Drake Boulevard as illustrated in the "Map of Parcels Qualifying for Exceptions to Sprinkler System Requirements for Newly Created Second Units" or as hereafter designated by resolution of the Town of Fairfax.

c. Junior second units.

d. For an accessory dwelling unit, as defined by Government Code Section 66313, if fire sprinklers are not required for the primary residence. This exception is intended to comply with Government Code Section 66314(C)

3. In all buildings which have more than fifty percent (50%) floor area added or any "substantial remodel" as defined in this code, within any 12 month period. Exceptions may be granted by the Fire Code Official when alternate means of protection are installed as approved by the Fire Code Official.

4. In all buildings except R-3 occupancies, in excess of 3,000 sq. ft. which have more than ten percent (10%) floor area added within any 12 month period. Exceptions may be granted by the Chief when alternate means of protection are installed as approved by the Fire Code Official.

5. A change in the use of a structure that results in a higher fire or life safety exposure when the square footage of the area changing use is more than fifty percent (50%) of the square footage of the building.

Section R309.1 and R309.2 of the California Residential Code each amended to read as follows:

R309.1/R309.2 Where Required. An automatic fire sprinkler system shall be installed in all of the following:

1. Every newly constructed building and facility.

Exceptions:

a. Free standing Group U Occupancies not more than 1,000 square feet and provided with exterior wall and opening protection as per Table 602 of the California Building Code.

b. Agricultural buildings as defined in Appendix C of the California Building Code and not exceeding 2,000 square feet, having clear unobstructed side yard of combustible materials, exceeding 60 feet in all directions and not exceeding 25 feet in height.

2. In newly created second units.

Exceptions:

a. Parcels that are not within the Wildland Urban Interface Code, as established by the Town.

b. Parcels for which there is less than a thirty percent (30%) grade change between the subject parcel and Sir Francis Drake Boulevard as shown on the "Map of Parcels Qualifying for Exceptions to Sprinkler System Requirements for Newly Created Second Units" or as hereafter designated by resolution of the Town of Fairfax.

c. Junior second units.

d. For an accessory dwelling unit, as defined by Government Code Section 66313 if fire sprinklers are not required for the primary residence. This exception is intended to comply with Government Code Section 66314(d)(12).

3. In all buildings which have more than fifty percent (50%) floor area added or any "substantial remodel" as defined in this code, within any 12 month period. Exceptions may be granted by the Fire Code Official when alternate means of protection are installed as approved by the Fire Code Official.

4. In all buildings except R-3 occupancies, in excess of 3,000 sq. ft. which have more than ten percent (10%) floor area added within any 12 month period. Exceptions may be granted by the Chief when alternate means of protection are installed as approved by the Fire Code Official.

5. A change in the use of a structure that results in a higher fire or life safety exposure when the square footage of the area changing use is more than fifty percent (50%) of the square footage of the building.

Section 903.3 of the California Building Code and Sections R309.1.1 and R309.2.1 of the California Residential Code are each hereby amended by adding the following language to the end of each respective section:

The requirements for fire sprinklers in this code section are not meant to disallow the provisions for area increase, height increase, or Fire-Resistive substitution if otherwise allowed by sections 504 and 506 of the California Building Code. All automatic fire sprinkler systems shall be installed in accordance with the written standards of the Fire Code Official and the following:

a. In all residential buildings required to be sprinkled any attached garages shall be sprinkled, and except for one and two family dwellings, in all residential occupancies the attics shall be sprinkled.

b. In all existing buildings, where fire sprinklers are required by provisions of this code, they shall be extended into all unprotected areas of the building.

c. All single family dwellings in excess of 5,000 square feet shall have automatic fire sprinkler systems designed in accordance with NFPA Standard 13 or 13R and standards developed by the Fire Chief.

d. All public storage facilities shall have installed an approved automatic fire sprinkler system. An approved wire mesh or other approved physical barrier shall be installed 18 inches below the sprinkler head deflector to prevent storage from being placed to within 18 inches from the bottom of the deflector measured at a horizontal plane.

Section 906.11 is hereby added to the California Building Code as follows:

906.11 Fire Extinguisher Documentation. The owner and/or operator of every Group R Division 1 and R Division 2 occupancies shall annually provide the Chief written documentation that fire extinguishers are installed and have been serviced as required by Title 19 of the California Code of Regulations when such extinguishers are installed in residential units in lieu of common areas.

Section 907.2 of the California Building Code is amended to add the following paragraphs after the second paragraph and before the Exceptions:

New Construction: Every new building constructed for non-residential occupancies greater than 2,000 square feet shall have installed therein an approved fire detection (products of combustion) system in accordance with the standards established by the National Fire Protection Association. The type of system installed shall be determined by the Fire Chief.

Existing Construction: Every existing building remodeled for non-residential occupancies greater than 2,000 square feet shall have installed therein an approved fire detection (products of combustion) system in accordance with the standards established by the National Fire Protection Association. The type of system installed shall be determined by the Fire Chief.

Section 907.2.11 is hereby amended by changing the first sentence of the exception to read as follows:

EXCEPTION: For group R occupancies other than single family dwellings.

Section 907.8.1 is hereby added as follows:

Section 907.8.1 Smoke Alarm Documentation.

The owner and/or operator of every Group R Division 1, Division 2, Division 3.1, and Division 4 Occupancies shall annually provide the Fire Code Official with written documentation that the smoke alarms installed pursuant to the California Building Code have been tested and are operational. If alarms are found to be inoperable or are missing, such alarms shall be repaired or replaced immediately.

(Ord. 901, passed 11-5-2025)

Section 109.2 of the California Building Code is hereby amended to add the following:

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 sixty-five percent (65%) of the building permit fee.

When private contractors are retained to conduct project plan checks, the plan check fee charged by the Town shall be the total cost of the private plan check plus an additional twenty percent (20%) of that cost to defer administrative services provided by the Town.

(Ord. 901, passed 11-5-2025)

Section 1505.1 of the California Building Code and Section R902.1 of the California Residential Code are both amended to add the following language after the first paragraph and before the exception(s) to each:

Notwithstanding anything to the contrary, the roof covering on any structure regulated by this code shall be a Class A Roof Covering Assembly as classified by Section 1505.2. When more than fifty percent (50%) of the total roof area of an existing structure is replaced within a twelve (12) month period, the entire roof must be replaced with a Class A Roof Covering Assembly.

(Ord. 901, passed 11-5-2025)

The Town Council finds and determines that the maintenance of swimming pools without protective measures constitutes a hazard to the safety of children and other inhabitants of the town, and therefore the regulations contained in § 3109 of the California Building Code and Appendix CI of the California Residential Code, are hereby adopted and shall apply to existing as well as remodeled and new swimming pools.

(Ord. 901, passed 11-5-2025)

California Plumbing Code Section 713.1 is amended to read as follows:

Every building in which plumbing fixtures are installed and every premises having drainage piping thereon, shall have a connection to a public sewer, except as provided in Sections 713.2 and 713.4.

Exception: A permit may be issued for the repair, replacement, or alteration of a previously constructed septic tank or sewage disposal system other than a septic system where no public sewer is available upon approval by the Town Council, the Planning Commission, the Marin County Health Department, Sanitary District Number 1 of Marin County, and the Bay Area Water Quality Control Board.

(Ord. 901, passed 11-5-2025)

(A) Before a new permit can be issued for any parcel, all expired permits for a parcel must be reinstated, all work done without a permit on a parcel must be permitted, and all mandatory correction items noted on the resale inspection reports for that parcel must be permitted or corrected.

(B) Section 109.7 is added to the California Building Code and Section R108.7 is added to the California Residential Code to read as follows:

Expired permits which are lacking only a final inspection may be reinstated for a fee of $50 or the cost of the permit, whichever is less.

(Ord. 901, passed 11-5-2025)

The Town Council may, by resolution, revise the fees established by this Chapter 15.04.

(Ord. 901, passed 11-5-2025)

Section 1511.10.2 of the California Building Code and Section R329.8.4 of the California Residential Code are added to read as follows:

Alternative Power Supplies. Roof-mounted photovoltaic panels/modules and other alternative electrical power supply sources shall comply with the requirements of the California Building Code as amended, the California Residential Code as amended, the California Electrical Code, and the California Fire Code as amended.

(Ord. 901, passed 11-5-2025)

(A) Purpose. The purpose of this section is to create an expedited and streamlined electric vehicle charging station permitting process that complies with Cal. Gov’t Code § 65850.7 to achieve the timely and cost-effective installation of electric vehicle charging stations. Pursuant to Cal. Gov't Code § 65850.7 and notwithstanding any other provision of this code pertaining to conditional or accessory uses, only an electrical permit shall be required for an electric vehicle charging station.

(B) Definitions.

ELECTRONIC SUBMITTAL. The submission of application materials via electronic mail.

ELECTRIC VEHICLE CHARGING STATION (EVCS). A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.

(C) Permit.

(1) An electrical permit is required prior to installing an electric vehicle charging station. Installation shall also meet any applicable requirements of the California Building Standards Code (California Code of Regulations, Title 24) and state law, including but not limited to, Cal. Gov't Code § 65850.7, as may be amended from time to time.

(2) The Building Official shall adopt and maintain a standard electric vehicle charging station checklist that is consistent with the checklist in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the Office of Planning and Research. The checklist and application shall be made available on the town's website.

(3) An application to install an electric vehicle charging station may be made by electronic submittal. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

(4) An application will be deemed complete if the Building Official determines that the application includes all of the information and documents required by the standard application form and the standard checklist. If an application is deemed incomplete, the Building Official will notify the applicant in writing of the additional information needed to complete the application. After an application is deemed complete, the Building Official will perform an expedited review of the application.

(5) Review of the permit application shall be limited to the Building Official's review of whether the application meets local, state and federal health and safety requirements. The application shall be administratively reviewed by the Building Official as a ministerial permit.

(6) Approval of a permit shall not be conditioned on the approval of an association, as that term is defined in Cal. Civil Code § 4080.

(7) A permit will be issued following the Building Official's approval of an application for an electric vehicle charging station and after all required fees have been paid. If the application was submitted electronically, the permit may be issued electronically. The decision to approve or deny the permit shall be issued in accordance with the timeframes adopted by the Town Council and in no event later than three days after the application is deemed complete.

(8) As soon as practicable after the applicant notifies the Building Official that an electric vehicle charging station has been installed, the Building Official will inspect the system to verify compliance with the permit. No electric vehicle charging station may be operated unless the Building Official verifies in writing that it complies with the permit.

(Ord. 901, passed 11-5-2025)

(A) Purpose. The purpose of this section is to meet or exceed all applicable mandatory measures of the 2025 California Green Building Standards Code (Title 24, Part 11) of the California Code of Regulations and to enhance the long-term public health and welfare by contributing to the overall reduction of greenhouse gas emissions and improving the environmental and economic health of the county through the efficient design, construction, operation, maintenance and deconstruction of buildings and site development by incorporating green building practices and materials. The green building provisions referenced in this chapter are designed to achieve the following objectives:

(1) Increase energy efficiency in buildings

(2) Reduce consumption of fossil fuels in the town;

(3) Encourage water and resource conservation;

(4) Reduce waste generated by construction projects;

(5) Reduce long-term building operating and maintenance costs;

(6) Improve indoor air quality and occupant health;

(7) Contribute to meeting state and local commitments to reduce greenhouse gas emissions; and

(8) Satisfy all applicable mandatory measures of the 2025 California Green Building Standards Code (Title 24, Part 11) of the California Code of Regulations.

(B) Applicability. The provisions of this section shall apply to all construction or development projects defined below as a "covered project."

(C) Definitions. For the purposes of interpreting this chapter and the associated standards for compliance, the following terms are defined as follows. When the definitions below differ from those contained elsewhere in this title, the provisions of this chapter shall apply. These definitions are additional to those outlined in Chapter 2 of the California Green Building Standards Code, Title 24, Part 11.

2025 CALIFORNIA ENERGY CODE. Refers to the requirements outlined in the 2025 edition of the California Energy Code known as California Code of Regulations, Part 6 of Title 24.

ALL-ELECTRIC BUILDING or ALL-ELECTRIC DESIGN. A building or plans for a building that uses a permanent supply of electricity as the source of energy for all space heating (including but not limited to fireplaces), water heating (including but not limited to pools and spas), cooking appliances, and clothes drying appliances, and has no natural gas or propane plumbing installed in the building or within the property lines. An ALL-ELECTRIC BUILDING may also include solar thermal collectors.

ACCESSORY DWELLING UNIT (ADU). A residential unit that meets the definition of an accessory dwelling unit as outlined in Chapter 17 of the Fairfax Town Code . This states that "a residential dwelling unit, which is accessory to a primary dwelling unit, that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary dwelling. It shall provide permanent provisions for living, sleeping, eating, cooking, sanitation, and independent exterior access, on the same lot as the single-family or multifamily dwelling is or will be situated. An ACCESSORY DWELLING UNIT also includes the following: (1) an efficiency unit as defined in § 17958.1 of the California Health and Safety Code and (2) a manufactured home as defined in § 18007 of the California Health and Safety Code." For purposes of this subchapter, ADU also covers Junior ADUs and detached or attached ADUs.

CALGreen. Refers to the California Green Building Standards Code, as included in Title 24, Part 11 of the California Code of Regulations.

CALGreen MANDATORY. Those measures that are required under Title 24, Part 11. Residential mandatory measures are contained in CALGreen Chapter 4. Nonresidential mandatory measures are contained in CALGreen Chapter 5.

CALGreen TIEr 1. Refers to required pre-requisite and elective measures in addition to the CALGreen mandatory measures, as outlined in CALGreen Appendix A4.601.4 for residential projects and CALGreen Appendix A5.601.2 for nonresidential projects.

COVERED PROJECT(S). A development project provided below as set forth by the standards for compliance outlined in § 15.04.085, Table 1, 2, or 3 for which one or more building permits are required:

(1) Additions or alterations to an existing single-family residential building.

(2) Additions or alterations to an existing multi-family residential building, hotel, or motel.

NATURAL GAS. The same meaning as "Fuel Gas" as defined in the California Plumbing Code and Mechanical Code.

NEWLY CONSTRUCTED. A building that has never before been used or occupied for any purpose.

QUALIFIED GREEN BUILDING RATER. An individual who has been trained and certified as a CALGreen inspector, LEED AP w/a specialty, Green Point rater, PHIUS consultant, or has similar qualifications and certifications if acceptable to the Chief Building Official.

SINGLE-FAMILY. A building designed for and/or occupied exclusively by one family. It is used herein to describe one and two-family dwellings and townhouses. It also includes factory-built, modular housing u nits, constructed in compliance with the California Building Code (CBC), and mobile homes/ manufactured housing on permanent foundations and agricultural worker housing.

(Ord. 901, passed 11-5-2025)

(A) Pursuant to § 15.04.010(G), Fairfax has adopted the 2025 Edition of the California Energy Code known as California Code of Regulations, Part 6 of Title 24, with additions and deletions as provided in this subchapter.

(B) The provisions of this subchapter shall constitute local amendments to the cross-referenced provisions of the 2025 California Energy Code and shall be deemed to replace the cross-referenced sections of said code with the respective provisions set forth in this subchapter.

(C) The California Energy Code, Title 24, Part 6, is hereby amended provided below:

(1) Section 100.0 of Subchapter 1 of the 2025 California Energy Code is modified to add new section (v) as follows:

(v) Single-Family Building Remodel Energy Reach Code - Purpose and Intent. In addition to all requirements of the California Energy Code applicable to Existing Single-Family Building additions and alterations, the energy efficiency and renewable energy measures specified in Section 150.0(w) shall be required for Covered Projects of mixed-fuel buildings.

(2) Section 100.1(b) is modified by adding the following definitions:

"All-electric Building" or "All-electric Design" as defined in § 15.04.070(C)(2), Fairfax Town Code.

"Covered Project(s)" as defined in § 15.04.070(C)(7), Fairfax Town Code.

(3) Section 150.0 SINGLE-FAMILY RESIDENTIAL BUILDINGS - MANDATORY FEATURES AND DEVICES, first two paragraphs, are modified to read as follows:

Existing Single-Family residential buildings shall comply with the applicable requirements of Sections 150.0(a) through 150.0(v), and Covered Existing Single-Family Projects, other than projects identified as all-electric buildings or newly constructed buildings in § 15.04.070(C)(2) of the Fairfax Town Code, shall comply with the applicable requirements of Section 150.0(w).

NOTE: The requirements of Sections 150.0(a) through 150.0(v) apply to newly constructed buildings. Sections 150.2(a) and 150.2(b) specify which requirements of Sections 150.0(a) through 150.0(v) also apply to additions or alterations. In addition, Covered Existing Single-Family Projects shall also be required to comply with Section 150.0(w).

Section 150.0(w) is added to read as follows:

(w) Requirements for a Covered Project are outlined by project type in § 15.04.085, Table i, Fairfax Town Code. A Covered Existing Single-Family Project, as defined in § 15.04.070(C)(7) of the Fairfax Town Code, in a building originally permitted for construction on or before December 31, 2010, shall install a set of measures from the Measure Menu in § 15.04.085, Table 2, Fairfax Town Code, to achieve a total Measure Point Score that is equal to or greater than the Target Score in said table and shall conform to the List of Measure Specifications in § 15.04.085, Table 3, Fairfax Town Code, except as otherwise described below:

(i) Projects in buildings identified as all-electric as defined in § 15.04.070(C)(2) of the Fairfax Town Code.

(ii) Projects less than 200 square feet. Square footage associated with the creation of a new ADU or JADU will not be included in the calculation of project square footage.

(iii) Projects that are limited solely to a newly created attached ADU or JADU as defined in § 15.04.070(C)(3) of the Fairfax Town Code. A newly created ADU and JADU shall include either additions or conversions of existing space. This exception DOES NOT apply to a Covered Existing Single-Fami ly Project of an existing ADU or JADU.

(iv) Mobile Homes. Manufactured Housing, or Factory-built Housing as defined in Division 13 of the California Health and Safety 12 Code (commencing with section 17000 of the Health and Safety Code).

(v) If due to conditions specific to the project, it is technically or economically infeasible to achieve compliance, the chief building official may reduce the Target Score and/or waive some or all of the mandatory requirements.

(vi) If the applicant demonstrates that the Energy Budget of the proposed building, as calculated under Section 150.2(a)2 or 150.2(b)2, would be less than or equal to the Energy Budget of the building if it otherwise complied with this Section 150.0(w).

(vii) A resident owner or occupa nt demonstrates that they qualify for the California Alternative Rates for Energy (CARE) or Family Electric Rate Assistance (FERA) program may comply by installing, to the specifications in § 15.04.085, Table 3 of the Fairfax Town Code, the following:

(a) E1: Lighting Measures; and

(b) E2: Water Heating Package

Unless otherwise specified. the requirements shall apply to the entire dwelling unit. not just the additional or altered portion. Measures from the Measure Menu table that are to be installed to satisfy requirements under the California Energy Code, Title 24, Part 6, may also count towards compliance with these requirements. Where these requirements conflict with other California Energy Code requirements, the stricter requirements shall prevail.

In addition, all mandatory measures listed in § 15.04.085, Table 2 of the Fairfax Town Code, shall be installed.

Measure verification shall be explicitly included as an addendum to the Certificate of Compliance to be filed pursuant to 2025 Title 24, Part 6, Section 10-103.

(4) Section 301.1 of Chapter 3 of the 2025 CALGreen Code is hereby amended as underlined.

301.1 Scope. Buildings shall be designed to comply with applicable requirements of Town of Fairfax Green Building Requirements beginning at Chapter 15.04.065(A). Fairfax Town Code. and shall also include the green building measures specified as mandatory in the application checklists contained in this code.

(Ord. 901, passed 11-5-2025)

The Town Green Building Requirements contain compliance thresholds for different projects that are covered by this chapter. These standards are summarized below in Table 1. The energy efficiency and electrification measures menu and specifications are detailed in Tables 2 and 3.

Table 1: Requirements by Project Type and Size

Table 1: Requirements by Project Type and Size

Table 2: Energy and Electrification Menu of Measures by Climate Zone

Table 2: Energy and Electrification Menu of Measures by Climate Zone

Table 3: Energy Efficiency Measures

Table 3: Energy Efficiency Measures

(Ord. 901 passed, 11-5-2025)

In addition to the required standards for compliance, the Town Council may establish by resolution, financial or application processing incentives and/or award or recognition programs to encourage higher levels of green building compliance for a project.

(Ord. 901, passed 11-5-2025)

The procedures for compliance with the provisions of this chapter shall include, but not be limited to the following:

(A) Project design. Applicants for a covered project are strongly encouraged to involve a qualified green building rater in the initial design phases of the project in advance of submittal of an application to determine applicable green building compliance thresholds and the most cost effective and appropriate means of achieving compliance.

(B) Planning applications. If a discretionary planning application is required for a covered project, applicants should be prepared to identify expected green building measures to be included in the project to achieve the compliance thresholds. Applicants should identify any anticipated difficulties in achieving compliance and any exemptions from the requirements of this chapter that may be requested.

(C) Building plan check review. Upon submittal of an application for a building permit, building plans for any covered project shall include a green building program description and completed checklist. The checklist shall be incorporated onto a separate full-sized plan sheet included with the building plans. Evidence that the project, as indicated by the project plans and green building program description, will achieve the standards for compliance outlined in § 15.04.085, shall be provided prior to issuance of a building permit.

(D) Changes during construction. During the construction process, alternate green building measures may be substituted, provided that documentation of the proposed change and the project's continued ability to achieve the standards for compliance to the chief building official shall be provided.

(E) Final building inspection. Prior to final building inspection and occupancy for any covered project, evidence that project construction has achieved the required compliance set forth in the standards for compliance outlined in § 15.04.085 shall be provided. The Chief Building Official shall review the documentation submitted by the applicant and determine whether the project has achieved the compliance threshold as set forth in the standards for compliance outlined in § 15.04.085. If the Chief Building Official determines that the applicant has met these requirements, the final building inspection may proceed.

(F) Conflict with other laws. The provisions of this chapter are intended to be in addition to and not in conflict with other laws, regulations and ordinances relating to building construction and site development. If any provision of this chapter conflicts with any duly adopted and valid statutes or regulations of the federal government or the state of California, the federal or state statutes or regulations shall take precedence.

(Ord. 901, passed 11-5-2025)

(A) The provisions of this chapter shall not apply to:

(1) Buildings which are temporary (such as construction trailers).

(2) Building area which is not or is not intended to be conditioned space.

(3) Any requirements of this chapter which would impair the historic integrity of any building listed on a local, state or federal register of historic structures, as determined by the Chief Building Official and as regulated by the California Historic Building Code (Title 24, Part 8). In making such a determination, the Chief Building Official may require the submittal of an evaluation by an architectural historian or similar expert.

(B) As outlined in the 2025 CALGreen code, sections 4.106.4 and 5.106.5, applicants may be exempted from the electric vehicle changing requirements on a case-by-case basis where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:

(1) Where there is no local utility power supply or the local utility is unable to supply adequate power.

(2) Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of sections 4.106.4 and 5.106.5 may adversely impact the construction cost of the project.

(3) ADUs and JADUs without additional parking facilities.

(4) Areas of parking facilities served by parking lifts, including but not limited to, automated mechanical-access open parking garages as defined in the California Building Code; or parking facilities otherwise of supporting electric vehicle charging.

(C) Hardship or infeasibility exemption. If an applicant for a covered project believes that circumstances exist that make it a hardship or infeasible to meet the requirements of this chapter, the applicant may request an exemption as set forth below. In applying for an exemption, the burden is on the applicant to show hardship or infeasibility.

(1) Application. Based on the following, the applicant shall identify in writing the specific requirements of the standards for compliance that the project is unable to achieve and the circumstances that make it a hardship or infeasible for the project to comply with this chapter. The applicant may not petition for relief from any requirement of the 2025 California Energy Code (Title 24, Part 6) and referenced standards, or the 2025 California Green Building Standards (Title 24, Part 11) of the California Building Standards Code . Circumstances that constitute hardship or infeasibility shall include one of the following:

(a) That the cost of achieving compliance is disproportionate to the overall cost of the project;

(b) That strict compliance with these standards would create or maintain a hazardous condition(s) and present a life safety risk to the occupants;

(c) There is a conflict between the provisions of the applicable green building rating system and the California Building Standards Code, other state code provisions, other requirements of this title or conditions imposed on the project through a previously approved planning application;

(d) That compliance with certain requirements would impair the historic integrity of buildings listed on a local, state or federal list or register of historic structures as regulated by the California Historic Building Code (Title 24, Part 8).

(2) Granting of exemption. If the Chief Building Official determines that it is a hardship or infeasible for the applicant to fully meet the requirements of this chapter and that granting the requested exemption will not cause the building to fail to comply with the 2025 California Energy Code (Title 24, Part 6) and referenced standards, or the 2025 California Green Building Standards (Title 24, Part 11) of the California Building Standards Code, the Chief Building Official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. In making this determination, the Chief Building Official shall consider whether alternate, practical means of achieving the objectives of this chapter can be satisfied, such as reducing comparable energy use at an off-site location within the county. If an exemption is granted, the applicant shall be required to comply with this chapter in all other respects and shall be required to achieve the threshold of compliance determined to be achievable by the Chief Building Official.

(3) Denial of exception. If the Chief Building Official determines that it is reasonably possible for the applicant to fully meet the requirements of this chapter, the request shall be denied, and the applicant shall be notified of the decision in writing. The project and compliance documentation shall be modified to comply with the standards for compliance.

(4) Appeal. Any aggrieved applicant or person may appeal the determination of the Chief Building Official regarding the granting or denial of an exemption or compliance with any other provision of this chapter. An appeal of a determination of the Chief Building Official shall be filed in writing and processed in accordance with the provisions of § 15.04.028 of this code.

(Ord. 901, passed 11-5-2025)