Fillmore Municipal Code Ch. 5.02 Administrative Provisions

5.02.010 - Adopted by reference.¶

Division II scope and administration of the California Building Code, 2025 Edition ("CBC") published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936 is hereby incorporated as the city's administrative provisions for the city's building and construction codes.

(Ord. No. 11-826, 4-12-2011; Ord. No. 13-838, § 3, 12-10-2013; Ord. No. 16-870, § 3, 1-10-2017; Ord. No. 20-925, § 3, 1-28-2020; Ord. No. 23-945, § 3, 3-14-2023; Ord. No. 25-989, § 3, 11-12-2025)

Exceptions & meaning →

5.02.020 - Amendments, additions and deletions.¶

(A) Section 101.1. is amended in its entirety to read as follows:

101.1. Title. These regulations shall be known as the California Building Code of the State of California and City of Fillmore Construction and Fire Prevention Code, hereinafter referred to as "The Code".

(B) Section 101.3 is amended in its entirety to read as follows:

101.3. Purpose. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations, and by regulating and controlling the design, construction, quality of materials, use and occupancy, location, relocation, and maintenance of all buildings and structures within the City.

101.4. Referenced Codes. The codes listed in Section 5.01.010 of the Fillmore Municipal Code shall be considered part of the requirements of this code to the prescribed extent of each such reference.

(D) Section 103.1 is amended in its entirety to read as follows:

103.1 Creation of Enforcement Agency. The Building Division is hereby created and the official in charge thereof shall be known as the building official.

(E) Section 105.1.1 is amended in its entirety to read as follows:

105.1.1. Annual Maintenance Permit. The Building Official may, upon receipt of the required fee, authorize the issuance of an annual maintenance permit to any qualified person, firm, replacement, alteration, or maintenance of electrical, plumbing or mechanical systems regulated by this code. The annual maintenance permit must cover maintenance work which is performed on the premised of a person, firm or corporation and entitles the holder to be issued permits for said work on a monthly basis in lieu of obtaining individual permits before each installation or alteration of electrical wiring, plumbing, or mechanical equipment.

The holder of an annual maintenance permit must report all work done under the permit to the Building Official not more that fifteen (15) days following the end of each calendar month, or other period established by the Building Official. Each such report must be accompanied by the appropriate fees as required by resolution of the City Council.

(F) Section 105.2 is amended in part and the following italicized provisions are added, amended, or deleted respectively to read as follows:

105.2. Exempted Work. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

One-story detached accessory building not over 12 feet in height used as tool and storage sheds, playhouses, gazebos and similar uses, provided the floor area does not exceed 120 square feet and the building has no plumbing, electrical or mechanical.
(a)

Fences not over 6 feet high.

(b) Masonry and/or concrete walls not over 3 feet high.

Retaining walls which are not over 3 feet in height from the top of the footing to the top of the wall, unless supporting a surcharge or impounding class I, II or IIIA liquids.
[Deleted.]
Awnings for all occupancies, which are supported by an exterior wall less than 3 lb. per square foot when projecting not more than 54 square inches.
(a)

Flagpoles less than 15 feet connected to the roof or structure.

(b) Flagpoles less than 25 feet connected to the ground only.

Electrical:

A permit is not required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals of the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility.

(G) Section 105.5 is deleted.

(H) Section 105.5.1 is amended in its entirety to read as follows:

105.5.1. Expiration. Every permit issued by the Building Official will expire by limitation and become null and void if the work authorized by such permit is not commenced, continued, or completed as follows:

a) Work not commenced. If the work authorized by the permit is not commenced within one (1) calendar year after the Building Official issues the permit. Work is presumed to have commenced if the permittee obtained a required inspection approval of work authorized by the permit.

b) Work stopped. If the work authorized by the permit commenced but, is subsequently stopped for a period of six (6) consecutive calendar months. Work is presumed to be stopped if the permittee has not obtained a required inspection approval of work authorized by the permit within the preceding six (6) month period.

c) Completion of work. Work authorized by a permit must be completed within three (3) calendar years from the date the Building Official issues the permit.

d) Upon expiration of a permit, before work can be recommenced, a renewal permit must be obtained as specified in Section 105.5.2.

(I) Section 105.5.2 is hereby added to read as follows:

105.5.2. Renewal. An expired permit may be renewed as follows:

A. Work not commenced. When a permit has expired because work was not commenced within one (1) year from the date of permit issuance, a renew permit may be obtained provided:

The plans for the proposed work are essentially the same as originally approved and permitted;
The expiration has not exceeded two (2) years from the original issuance date;
The same edition of the technical codes are in effect as used in the initial plan approval, or the plans have been updated to comply with the codes currently in effect;
All City approval required before the Building Official issued a permit, including, without limitation, grading, zoning, fire code, water and sewer connection, or other limitations customarily placed on such permits are currently valid at the time of issuance of the renewal permit.

The fee for a renewal permit will be one-half (½) the amount required for a new permit.

B. Work Stopped. When a permit expires because work authorized by the permit commenced by subsequently stopped for a period of six (6) months, a renewal permit may be obtained provided:

The plans for the propose work are essentially the same as originally approved and permitted;
The expiration did not exceed three (3) years from the date the Building Official issued the original permit;
The same edition of the technical codes are in effect as used in the initial plan approval, or the plans have been updated to comply with the codes currently in effect;
All City approvals required before the Building Official issued a permit, including, without limitation, grading, zoning, fire code, water and sewer connection or other limitations customarily placed on such permits, are currently valid at the time of issuance of the renewal permit.

The fee for renewal permit will be one-half (½) the amount required for a new permit, except where construction progressed and all inspections were approved except for the final inspection, the fee for the renewal permit will be one-quarter (¼) the amount required for a new permit.

C. Work not completed within three years. When a permit expires because the work authorized by the permit was not complete within three (3) years from the date the Building Official originally issued the permit, a renewal permit may not be issued except upon action of the City Manager. The City Manager may grant up to one (1) year additional time to compete the work if it finds that:

The permittee diligent pursued completion of the work authorized by the permit, but for good cause has not been able to complete the work within the three (3) year limitation;
The permittee is not in violation of the permit conditions, the technical codes, or any City or state code applicable to the construction project;
The remaining work can be completed reasonably within the additional time allotted;
All City approvals required before the Building Official issued a permit, including, without limitation, grading, zoning, fire code, water and sewer connection, or other limitations customarily placed on such permits are currently valid at the time the Building Official issues a renewal permit.

The fee for a renewal permit is one-half (½) the amount required for a new permit, except where construction progressed and all inspections were approved except for the final inspection; the fee for the renewal permit is one-quarter (¼) the amount required for a new permit.

(J) Section 1.5.5.3 is hereby added to read as follows:

105.5.3 Extension of an unexpired permit. The Building Official may extend the time for action by a permittee to commence work, or complete the work authorized by a permit within the three (3) year limitation, for a period not exceeding six (6) month upon written request by the permittee showing that circumstances, beyond the control of the permittee prevented action from being taken. Not more than one such extension may be granted. No extension may be granted when work stopped and the permit is subject to expiration as described above.

(K) Section 107.2.1.a, is added to read as follows:

107.2.1.a. Easement Plan. Applications for new structures and additions must include an easement plan for the subject property.

(L) Section 107.2.1.b, is added to read as follows:

107.2.1.b. Construction documents submitted for review shall be scaled or dimensioned, drawn on suitable material, and have a minimum size of 18" x 24" for residential plans, and 24" x 36" for commercial plans.

(M) Section 109.2.1 is added to read as follows:

109.2.1. Fees. Fees may be established by City Council resolution.

(N) Title Section 101.1. is amended in its entirety to read as follows:

101.1; Title. These regulations shall be known as the California Building Code of the State of California and City of Fillmore Construction and Fire Prevention Code, hereinafter referred to as "The Code".

(O) 101.3 Purpose: Section is amended in its entirety to read as follows:

The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations, and by regulating and controlling the design,, construction, quality of materials, use and occupancy, location, relocation, and maintenance of all buildings and structures within the City.

(P) Section 101.4 is amended in its entirety as follows:

101.4 Referenced Code: The codes listed in Section 5.01.010 shall be considered part of the requirements of this code to the prescribed extent of each such reference.

(Q) Section 103 is amended in its entirety to read as follows: adding Sec. 103.1 as follows:

103.1 Creation of Enforcement Agency. The Building Division is hereby created and the official in charge thereof shall be known as the Building Official.

(R) Section 105.1.1 is amended in its entirety to read as follows:

105.1.1. Annual Maintenance Permit. The Building Official may, upon receipt of the required fee, authorize the issuance of an annual maintenance permit to any qualified person, firm, replacement, alteration, or maintenance of electrical, plumbing or mechanical systems regulated by this code. The annual maintenance permit must cover maintenance work which is performed on the premise of a person, firm or corporation and entitles the holder to be issued permits for said work on a monthly basis in lieu of obtaining individual permits before each installation or alteration of electrical wiring, plumbing, or mechanical equipment.

The holder of an annual maintenance permit must report all work done under the permit to the Building Official not more than fifteen (15) days following the end of each calendar month, or other period established by the Building Official. Each such report must be accompanied by the appropriate fees as required by resolution of the City Council"

(S) Section 105.2 is amended, and the following provisions are added, amended or deleted respectively to read:

105.2 Exempted Work. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

One-story detached accessory building not over 12 feet in height used as tool and storage sheds, playhouses, gazebos and similar uses, provided the floor area does not exceed 120 square feet, and the building has no plumbing, electrical or mechanical.
(a) Fences not over 6 feet high.

(b) Masonry and/or concrete walls not over 3 feet high.

Retaining walls which are not over 3 feet in height from the top of the footing to the top of the wall, unless supporting a surcharge or impounding class I, II or IIIA liquids.
(Deleted)
Awnings for all occupancies, which are supported by an exterior wall less than 3 lb. per square foot when projecting not more than 54 square inches.
(a)

Flagpoles less than 15 feet connected to the roof or structure.

(b) Flagpoles less than 25 feet connected to the ground only.

Electrical:

A permit is not required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals of the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility.

T. Section 105.5 is deleted.

U. Subsection 105.5.1, 105.5.2, and 105.5.3 are amended in its entirety to read as follows:

a) Work has not commenced. If the work authorized by the permit does not commence within one (1) calendar year after the Building Official issues the permit. Work is presumed to have commenced if the permittee obtained the required inspection approval of work authorized by the permit.

b) Work stopped. If the work authorized by the permit commenced but, it will subsequently be stopped for a period of six (6) consecutive calendar months. Work is presumed to be stopped if the permittee has not obtained the required inspection approval of work authorized by the permit within the preceding six (6) month period.

c) Completion of work. Work authorized by a permit must be completed within three (3) calendar years from the date the Building Official issues the permit.

d) Upon expiration of a permit, before work can be recommenced, a renewal permit must be obtained as specified in Section 105.5.2.

V. Section 105.5.2 is hereby added to read as follows:

105.5.2. Renewal. An expired permit may be renewed as follows:

a) Work has not commenced. When a permit has expired because work has not commenced within one (1) year from the date of permit issuance, a renew permit may be obtained provided:

The plans for the proposed work are essentially the same as originally approved and permitted.
The expiration has not exceeded two (2) years from the original issuance date.
The same editions of the technical codes are in effect as used in the initial plan approval, or the plans have been updated to comply with the codes currently in effect;
All City approval required before the Building Official issued a permit, including, without limitation, grading, zoning, fire code, water and sewer connection, or other limitations customarily placed on such permits are currently valid at the time of issuance of the renewal permit.

The fee for a renewal permit will be one-half (½) the amount required for a new permit.

b) Work Stopped. When a permit expires because work authorized by the permit commenced by subsequently stopped for a period of six (6) months, a renewal permit may be obtained provided:

The plans for the proposed work are essentially the same as originally approved and permitted.
The expiration did not exceed three (3) years from the date the Building Official issued the original permit.
The same editions of the technical codes are in effect as used in the initial plan approval, or the plans have been updated to comply with the codes currently in effect.
All City approvals required before the Building Official issued a permit, including, without limitation, grading, zoning, fire code, water and sewer connection or other limitations customarily placed on such permits, are currently valid.

On such permits, are currently valid at the time of issuance of the renewal permit.

c) Work is not completed within three years. When a permit expires because the work authorized by the permit was not complete within three (3) years from the date the Building Official originally issued the permit, a renewal permit may not be issued except upon action of the City Manager. The City Manager may grant up to one (1) year additional time to complete the work if it finds that:

The permittee diligently pursued completion of the work authorized by the permit, but for good cause has not been able to complete the work within the three (3) year limitation;
The permittee is not in violation of the permit conditions, the technical codes, or any City or state code applicable to the construction project;
The remaining work can be completed reasonably within the additional time allotted;
All City approvals required before the Building Official issued a permit, including, without limitation, grading, zoning, fire code, water and sewer connection, or other limitations customarily placed on such permits are currently valid at the time the Building Official issues a renewal permit.

W. Section 105.5.3 is hereby added to read as follows:

105.5.3 Extension of an unexpired permit. The Building Official may extend the time for action by a permittee to commence work, or complete the work authorized by a permit within the three (3) year limitation, for a period not exceeding six (6) month upon written request by the permittee showing that circumstances, beyond the control of the permittee prevented action from being taken. Not more than one such extension may be granted. No extension may be granted when work stopped, and the permit is subject to expiration as described above.

X. Section 107.2.1.a, is added to read as follows:

107.2.1.a. Easement Plan. Applications for new structures and additions must include an easement plan for the subject property.

Y. Section 107.2.1.b, is added to read as follows:

Z. Section 109.2.1 and 109.2.2 are added to read as follows:

Section 109.2.1. Fees may be established by City Council Resolution.

Plan Review Fee: Section 109.2.2 is added to read as follows:

109.2.2 Plan review fees. When submittal documents are required by Section 107.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be in accordance with the schedule as established by the applicable governing authority. Separate plan review fees shall apply to permits for retaining walls and major drainage structure in conjunction with grading. For excavation and fill on the same site, the plan review fee for grading shall be based on the volume of excavation or fill, whichever is greater.

The plan review fees specified in this section are separate fees from the permit fees specified in Section 109.2 and are in addition to the permit fees.

Where submittal documents are incomplete or changed so as to require additional plan review, or where the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee may be charged at a rate established by the applicable governing authority.

AA. Section 109.4.1 is added to read as follows:

109.4.1 Investigative Fee. An investigation fee, in addition to the permit fee, must be collected whether or not a permit is then or subsequently issued. The investigation fee must be equal to the amount of the permit fee set forth in the Fee Schedule as adopted by this jurisdiction. The payment of such investigation fee does not exempt any person from compliance with all other provisions of either this code or the technical codes from any penalty prescribed by Law.

BB. Sections 109.4.2 and 109.4.2.1 are added to read as follows:

109.4.2 Special Processing. Fee Whenever any work for which a permit is required by this code has been commenced without first obtaining a permit, a special processing review must be made before a permit may be issued for such work.

109.4.2.1 Fee. A special processing fee, in addition to the permit and investigation fee, must be collected whether or not a permit is then or subsequently issued. The processing fee must be established by the Fee Schedule as adopted by this jurisdiction. The payment of such processing fee does not exempt any person from compliance with all other provisions of either this code or the technical codes nor from any penalty prescribed by law.

CC. Section 109.7 is added to read as follows:

109.7 A fire damage inspection will be required after a fire which caused building, plumbing, electrical, or mechanical damage.

DD. Section 109.8 is added to read as follows:

109.8. A Business license inspection is required before the City issues a business license for a new business, relocated business, or a change of ownership.

EE. Section 109.9 is added to read as follows:

109.9. Special Inspection. A special inspection fee is required When the Building Official determines to achieve compliance with this code a special inspection or observation may be required by the Building Official.

FF. Section 112.4 is added to read as follows:

112.4 Underground utility services. All new electric, telephone, television, and other communication service connections, for all new, altered, or enlarged buildings shall be provided by underground wiring. Extension of electric or communication distribution lines to serve such project shall be underground wiring.

Exceptions:

A building located in residential or conservation/open space zone established by the jurisdiction's zoning regulations, provided that there are existing building on the property that are served by overhead connection lines.
Replacement or relocation of electric service equipment served by existing overhead wiring.
Where determined by the building official to be impractical or infeasible within the standards and practices of the utility or other companies providing such services.

Where the utility or other company's distribution system is underground, the service lines shall terminate at a connection point designated by the utility company. Where the utility or other company's distribution is overhead, the service lines shall terminate as a pole riser on a pole designated by the utility company.

GG. Section 113.1 is amended in its entirety to read as follows:

113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official or fire code official relative to the application and interpretations of the California Building Standards Code and the International Property Maintenance Code, there shall be and is hereby created a Board of Appeals. Said Board shall also serve as the Housing Appeals Board and the Local Appeals Board referenced in the California Building Standards Code. The building official or fire code official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the Board. The Board of Appeals shall be the City Council. The board shall adopt rules of procedure for conducting its business.

HH. Section 113.2 is amended in its entirety to read as follows:

113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form or construction is proposed. The board shall have no authority to waive requirements of this code. For appeals relating to accommodations for the disabled, the authority of the board shall include the ability authorize reasonable alternatives to disabled access requirements imposed by the California Building Standards Code.

II. Section 114.5 and 114.5.1 are added to read as follows:

114.5. Violations/Penalties. Any violation of the provisions of this Code or any amendment thereto shall be an infraction and shall be punishable as provided in the Fillmore Municipal Code. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to any of the provisions of this Code.

114.5.1 Fines and Imprisonment. Any person, firm, or corporation violating any of the provisions of this Code shall be deemed guilty of an infraction, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this Code is committed, continued, or permitted and upon the conviction of any such violation, such person shall be punishable by a fine of not more than One Thousand and no/100ths ($1000.00) Dollars, or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.

JJ. Section 117 is added to read as follows:

Notice of Noncompliance. Whenever the Building Official determines that work was done on, over, or in any property in the City without the required permit, or has otherwise not been completed in accordance with the requirements of this code, the Building Official may record a Notice of Noncompliance for that property of such action. The Notice of Noncompliance will describe the property, will set forth the conditions of violation for this code, and will state that the property owner has been so notified.

KK. Section 118 is added to read as follows:

Toilet Facilities for Workers. Any person having charge of or causing work or projects to be performed, which involves worker, must provide on the premises or immediately adjacent thereto, sanitary toilet facilities as approved by the Building Official.

(Ord. No. 11-826, 4-12-2011; Ord. No. 16-870, § 4, 1-10-2017; Ord. No. 20-925, § 4, 1-28-2020; Ord. No. 23-945, § 4, 3-14-2023; Ord. No. 25-989, § 4, 11-12-2025)

Exceptions & meaning →