Fairfield Municipal Code Art. III Chapter 5.3. Other Regulations

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

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

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

D. An existing wood-burning appliance shall comply with this ordinance if (1) it is reconstructed, or (2) additions, alterations, or repairs are made to the appliance that requires opening up immediately adjacent walls.

(Ord. No. 2025-10, § 1)

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 the United States Environmental Protection Agency.

C.

"E.P.A. certified wood heater"

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

D.

"Fireplace"

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

E.

"Garbage"

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

F.

"Gas fireplace"

means any device designed to burn natural gas in a manner that simulates the appearance of a wood-burning fireplace.

G.

"Paints"

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

H.

"Paint solvents"

means all organic solvents sold or used to thin paints or to clean up painting equipment.

I.

"Pellet-fueled wood heater"

means any wood-burning appliance that operates exclusively on wood pellets.

J.

"Solid fuel"

means wood or any other non-gaseous or non-liquid fuel.

K.

"Treated wood"

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

L.

"Waste petroleum products"

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

M.

"Wood burning appliance"

means fireplace, wood heater, pellet-fired wood heater, or any similar device burning any solid fuel used for aesthetic or space-heating purposes.

(Ord. No. 2025-10, § 1)

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

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

(a) Garbage

(b) Treated wood

(c) Plastic products

(d) Rubber products

(e) Waste petroleum products

(f) Paints

(g) Organic paint solvents

(h) Coal

(i) Glossy or colored papers

(j) Particleboard

(k) Saltwater driftwood

(l) Plywood

(Ord. No. 2025-10, § 1)

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

Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punishable as provided by law.

(Ord. No. 2025-10, § 1)

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 department, 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 toilets.

(Ord. No. 2025-10, § 1)

The purpose of this Section is to establish a mechanism to facilitate the production of quality housing for low- and moderate-income citizens of Fairfield by granting a deferral of the payment of the fees collected at the time a building permit is issued.

(Ord. No. 2025-10, § 1)

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

(A)

"Fee Deferral"

means a postponement of the payment of certain fees due to the City of Fairfield prior to the issuance of a building permit by the ordinances and resolutions of the City of Fairfield as more fully described in Section 5.3.3.9.

(B)

"Eligible Projects"

means those projects fulfilling the criteria outlined in Sections 5.3.3.3 and 5.3.3.4.

(C)

"Financial Gap"

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

(D)

"Median Household Income"

means the median household income for the Fairfield/Suisun area that is determined annually by the U.S. Department of Housing and Urban Development.

(Ord. No. 2025-10, § 1)

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

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

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

(Ord. No. 2025-10, § 1)

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

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

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

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

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

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

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

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

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

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

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

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

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

(Ord. No. 2025-10, § 1)

The developer of an Eligible Project may submit an application to the Community Development Director for a Fee Deferral. The application shall include a description of the project in sufficient detail to demonstrate compliance with the criteria set forth in Sections 5.3.3.3 and 5.3.3.4; an explanation of the Financial Gap, and, for a rental housing project, the developer’s authorization and instruction to the appropriate lender or escrow company, to allow fees which are deferred to be paid directly to the City of Fairfield from the proceeds of the permanent construction financing.

(Ord. No. 2025-10, § 1)

The Director of Planning and Development shall have the authority to grant a Fee Deferral to an Eligible Project.

(Ord. No. 2025-10, § 1)

All Fee Deferrals shall be due and payable at the time of closing of the project’s permanent loan or transfer or within 30 months of the issuance of the building permit, whichever comes first.

(Ord. No. 2025-10, § 1)

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, prior to the issuance of a building permit shall be recorded against the property as a tax lien enforceable in accordance with the laws of the State of California.

(Ord. No. 2025-10, § 1)

The ordinances and resolutions of the City of Fairfield require that certain fees are payable prior to the issuance of a building permit, which includes 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 with 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. 2025-10, § 1)

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 the credits available from the structure that was demolished. Fee credits shall be solely used to reduce the price of affordable housing units.

(Ord. No. 2025-10, § 1)

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

(A)

"Fee Credit"

means a credit to be applied to certain fees due to the City of Fairfield prior to the issuance of a building permit by the ordinances and resolutions of the City of Fairfield, as more fully described in Section 5.3.4.11.

(B)

"Eligible Projects"

means those projects fulfilling the criteria outlined in Sections 5.3.4.6 and 5.3.4.7.

(C)

"Eligible Property"

means those properties fulfilling the criterion outlined in Section 5.3.4.3.

(D)

"Financial Gap"

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

(E)

"Median Household Income"

means the median household income for the Fairfield/Suisun area that is determined annually for the Fairfield/Suisun area by the U.S. Department of Housing and Urban Development.

(Ord. No. 2025-10, § 1)

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

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

(B) For commercial property, the site must contain structures that are demolished and either not replaced or replaced with a structure that does not use all of the credits available from the structure that was demolished.

(Ord. No. 2025-10, § 1)

The owner of the Eligible Property must donate Fee Credits by entering into a written agreement with the City of Fairfield signing over the credits to the Fee Credit Bank.

(Ord. No. 2025-10, § 1)

Calculation of credits shall be based on documentation in the files of the Building Safety Division of the Community Development 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 California Residential or Building Code (as applicable), whichever is greater.

(Ord. No. 2025-10, § 1)

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

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

(B) For multi-family projects, the design of the housing project must not distinguish in outward appearance or quality between the affordable and market-rate units.

(Ord. No. 2025-10, § 1)

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

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

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

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

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

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

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

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

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

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

(b) The affordability restrictions for owner-occupants must be recorded on the property for a period of not less than 45 years.

(Ord. No. 2025-10, § 1)

The developer of an Eligible Project may submit an application to the director of community and economic 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 5.3.4.6 and 5.3.4.7 and an explanation of the Financial Gap which necessitates the use of fee credits.

(Ord. No. 2025-10, § 1)

The director of community and economic 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.

(Ord. No. 2025-10, § 1)

The director of community and economic 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.

(Ord. No. 2025-10, § 1)

Fee Credits may include but are not limited to fees imposed by the Uniform Building Code as incorporated into Chapter 5 of the Fairfield Municipal Code. The director of community and economic development shall provide the applicant requesting fee credits, with a complete list of fees that are eligible from the Fee Credit Bank.

(Ord. No. 2025-10, § 1)

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 are not otherwise authorized by Section 5.3.4.

(Ord. No. 2025-10, § 1)

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

(A)

"Director"

means the director of community and economic development.

(B)

"Applicant"

means an owner of industrial or commercial property.

(C)

"Fee Credit"

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

(D)

"Eligible Project"

means a development project fulfilling the criteria outlined in Section 5.3.5.5, and which is not eligible for a fee credit under Section 5.3.4.

(E)

"Fee Credit Bank"

means the account of the city for holding Fee Credits.

(F)

"Commercial and Industrial Properties"

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

(G)

"Financial Deficiency"

means a deficiency in the Eligible Project’s initial financing, a lack of available capital to finish the Eligible Project, and the inability to service additional debt.

(H)

"Economic Impact"

means a projected positive financial effect that the Eligible Project may have on the City of Fairfield’s economy.

(Ord. No. 2025-10, § 1)

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

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

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

(Ord. No. 2025-10, § 1)

Calculation of the amount of a Fee Credit shall be based on documentation in the files of the Building Division of the Community and Economic 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 number of Fee Credits to be issued shall be subject to the availability of Fee Credits in the Fee Credit Bank.

(Ord. No. 2025-10, § 1)

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

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

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

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

(D) Documented evidence that a commercial or industrial project will stimulate additional new business attraction, expansion of an existing business, job creation, an increase in the City’s tax base, or redevelop a property located with an address on North Texas Street, Texas Street, West Texas Street, or within the Heart of Fairfield Specific Plan Area, to be reasonably determined by the Director.

(Ord. No. 2025-10, § 1)

A property owner may apply for a Fee Credit by submitting to the Director a description of the development project and documented evidence in sufficient detail to demonstrate compliance with the criteria set forth in Sections 5.3.5.5.

(Ord. No. 2025-10, § 1)

The Director shall have the authority to grant a Fee Credit to an applicant that demonstrates compliance with the criteria set forth in Section 5.3.5.5 and as determined at the sole discretion of the Director to best meet the needs of the City of Fairfield. The Director shall have the authority to determine the amount of such Fee Credit based on the documented evidence provided by the applicant, pursuant to Section 5.3.5.5.

(Ord. No. 2025-10, § 1)

The Director shall maintain all records pertaining to the Fee Credit Bank. The Building Division of the Community and Economic Development Department shall maintain Fee Credit information for each property donating a Fee Credit and each property receiving a Fee Credit.

(Ord. No. 2025-10, § 1)

The Director shall prepare a complete list of fees that are eligible for the Fee Credit Bank. Such fees are those imposed by ordinance or resolution of the City and normally payable prior to the issuance of a building permit, including but not limited to, development impact fees collected under Article XI of Chapter 25 of the City Code (also known as AB 1600 fees) (not including Northeast Area Development Impact Fees under Section 25.1505), water connection fees collected under Chapter 22 of the City Code, and sewer connection fees collected under Chapter 15 of the City Code. A Fee Credit may only be applied to a fee imposed for the same purpose for which the city imposed the fee from which the Fee Credit is derived (for example a Fee Credit derived from the payment of a development fee to mitigate the impact of a development project on water facilities may only be applied to a fee due from the developer to mitigate the impact of the development project on water facilities).

(Ord. No. 2025-10, § 1)

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

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

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

(D) The Agreement shall specify that any construction, alteration, demolition, installation or repay work done under contract is 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. 2025-10, § 1)

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’s unreinforced masonry law of 1986.

(Ord. No. 2025-10, § 1)

(A)

"Bearing wall"

means any wall supporting a floor or roof where the total superimposed load exceeds 100 pounds per linear foot, or any unreinforced masonry wall supporting its own weight when over 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 that may fall onto pedestrians or occupants of adjacent buildings. Examples of this type of hazard include, but are not limited to, the following:

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

Parapets.

Marquees, awnings, or other roof-like projections.

Masonry or stone wall veneer.

Masonry chimneys.

Tile roofing.

Wall signs and exterior lighting fixtures.

Fire escapes or balconies.

(F)

"Geometry"

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

(G)

"Occupants"

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

(H)

"Solution"

means any justifiable method that will provide for the transfer of lateral forces through a system or connection to a degree that 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:

Unreinforced brick masonry.

Unreinforced concrete masonry.

Hollow clay tile.

Adobe or unburned clay masonry.

(Ord. No. 2025-10, § 1)

(A) Applicability. The building inspection department shall inspect the following types of buildings to create a list of buildings that 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 300 or more occupants.

(B) Owner Notification. The owners of buildings in the categories described in section 5.3.6.3(A), except those designated by the State Historical Resources Commission as historical buildings, shall be notified within six 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:

Buildings that have been structurally upgraded in substantial accordance with the 1973 or later editions of the uniform building code and documentation of such upgrading is on file or submitted to the city building division.

(Ord. No. 2025-10, § 1)

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

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

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

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

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

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

General Information. A description of the building that includes:

(1) The street address.

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

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

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

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

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

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

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

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

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

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

(I) Reports for buildings in category I of section 5.3.6.3 shall be submitted within one and one-half (1-1/2) years of receiving notice pursuant to section 5.3.6.3. Reports for buildings in category II of section 5.3.6.3 shall be submitted within two (2) years of receiving notice pursuant to section 5.3.6.3. Reports for buildings in category III of section 5.3.6.3 shall be submitted within two and one-half (2-1/2) years of receiving the notice pursuant to section 5.3.6.3.

(Ord. No. 2025-10, § 1)

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

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

c) Copies of the engineering reports shall be available to any interested individuals for a standard copying fee or may be reviewed in the building inspection department’s offices.

(Ord. No. 2025-10, § 1)

(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 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 of the report, required by section 5.3.6.4, indicating the owner’s intention for dealing with the potential collapse hazards found to exist in the building.

A building owner shall complete the improvements required by the report submitted pursuant to section 5.3.6.4 within five years of the date the city approves the report pursuant to section 5.3.6.5.

(Ord. No. 2025-10, § 1)

The building official shall submit a report to the city council on the status of the seismic hazards identification program. The report shall include information regarding the number of buildings analyzed, the severity of the structural inadequacies discovered, and any action taken or to be taken by individual building owners to correct these inadequacies.

(Ord. No. 2025-10, § 1)

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

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

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

(C) A summary of the status of the mitigation program listing the number of building owners notified, the number of buildings strengthened, and if the city offered any incentive programs to the building owners.

(Ord. No. 2025-10, § 1)

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

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

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

(C) These remedies are not exclusive.

(Ord. No. 2025-10, § 1)