Fillmore Municipal Code Ch. 5.04 Construction and Fire Prevention Code Amendments

Footnotes:

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Editor's note— Ord. No. 11-826, adopted April 12, 2011, retitled Ch. 5.04 from "Construction and Fire Prevention Codes" to "Construction and Fire Prevention Code Amendments".

5.04.011 Adopted by reference.

The California Building Code, 2025 Edition ("CBC"), including Volumes I and II, published by the California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833-2936, are hereby adopted as the city's building code.

5.04.012 Amendments, additions and deletions.

After consideration, the City Council finds that as a result of existing local climatic, geological, or topographical conditions that amendments, additions, and deletions of the CBC are reasonably necessary to provide sufficient and effective levels of safety for the protection of life, health and property. As required by the State, staff has prepared findings for each of the proposed amendments noting the local conditions necessitating the amendments. Therefore, the CBC is amended, added to, or deleted from, as set forth below:

(A) Division II Administrative. Is deleted and replaced with Section 5.02 of this Title.

(B) Section 903.1.2. is amended at the end of the sub-section to read as follows:

903.1.2 Code exceptions or reductions. Where exceptions to, or reduction in, code provisions have been granted because of the installation of a fire sprinkler system, an NFPA 13 compliant system shall be installed.

a) Delete Sections 903.2 through 903.2.11.3. Add new Sections 903.2 and 903.2.1 through 903.2.11.3 to read as follows:

"903.2 Where required. An automatic fire sprinkler system approved by the official fire code shall be installed, maintained and be accessible for servicing:

1. Throughout new buildings. Exception: A building containing only a detached Group U occupancy where gross floor area is less than 500 square feet (46.45 m2).

2. Throughout existing and new sections of an existing building where floor area of additions or alterations exceeds 25 percent of the existing gross floor area.

3. In newly constructed residential exterior covered areas such as patios and porches over 80 sq. ft.

Exceptions:

1. Buildings containing Group R, Division 3 occupancies, including attached Group U occupancies, where the floor area of addition or alterations are 50 percent or less of the existing gross floor area.

2. Alterations limited to replacement of exterior coverings, windows, roofing, electrical services, sewer laterals, retaining walls, and routine plumbing, electrical and mechanical repairs.

3. In additions to existing buildings equipped with an automatic fire sprinkler system.

4. Throughout an existing building where there is an occupancy classification change resulting in a higher hazard.

For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the floor area within the surrounding exterior walls shall be considered as one building.

An automatic fire sprinkler system need not be installed in spaces or areas in telecommunications buildings used exclusively for telecommunications equipment associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by fire barriers consisting of not less than 1-hour fire-resistance-rated walls and 2-hour fire-resistance-rated floor/ceiling assemblies.

b) Add Section 903.3.1.2. to read as at the end of the sub-section follows:

903.3.1.2.2 Code exceptions or reductions. Where NFPA 13R sprinkler systems are provided in Group R occupancies, exceptions to, or reductions in, code requirements are not permitted. This shall also include requirements in the California Building Code and the California Fire Code"

c) Section 903.3.1.3.1 is added to read as follows:

"903.3.1.3.1 Additional sprinkler protection. Where allowed, sprinkler systems installed in accordance with NFPA 13D in Group R, Division 3 Occupancies shall provide sprinkler protection for attached Group U occupancies and all bathrooms"

(C) Table 1505.1 is amended, by the deletion of Table 1505.1 and the addition of a new Table 1505.1 thereto to read as follows:

Table 1505.1 Minimum Roof Covering Classifications Types of Construction

For S1: 1 foot = 304.8 mm, 1 square foot = 0.929 m2.

a. Unless otherwise required in accordance with the requirements of the Wildland Urban Interface Code.

(D) Section 1505.1.2 is amended, by the deletion of the entire section and the addition of a new section thereto, to read as follows:

1505.1.2 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A.

(E) Section 1505.5 and 1505.7 are deleted. Section 1804.8 is added to read as follows:

General. Provisions must be made for the control and drainage of surface water around buildings. Concentrated drainage such as rainwater from gutters and downspouts, scuppers, and roof valleys must be diverted away from building foundations by means of concrete splash blocks and/or other approved non-erosive devices.

Gutters and Downspouts. When buildings are located on expansive soil having an expansion index greater than 50, gutters, downspouts, piping, and/or other non-erosive devices must be provided to collect and conduct rainwater to a street, storm drain, or other approved watercourse or disposal area.

Vapor Barrier. An approved vapor barrier must be installed below slab floors of all residential occupancies in such a manner as to form an effective barrier against the migration of moisture into the slab. When sheet plastic material is employed for this purpose it must be not less than 6 mils (.006 inch) in thickness. The installation of a vapor barrier must not impair the effectiveness of required anchor bolts or other structural parts of a building.

Foundations at the perimeter of the concrete floor slabs must form a continuous moisture barrier of Portland cement concrete or solid grouted masonry to the depths required by Table 1809.7.

F Footing Supporting Walls of Light-Frame Construction. Table 1809.7 is deleted and new Table 1809.7 to read as follows:

TABLE 1809.7 Attachment 1

FOOTNOTES TO TABLE 1809.7

1. Premoistening is required where specified in Table 1809.7 in order to achieve maximum and uniform expansion of the soil prior to construction and thus limit structural distress caused by uneven expansion and shrinkage. Other systems which do not include premoistening may be approved by the Building Official when such alternatives are shown to provide equivalent safeguards against the adverse effects of expansive soil.

2. Reinforcement for continuous foundations shall be placed not less than 3" above the bottom of the footing and not less than 3" below the top of the stem.

3. Reinforcement shall be placed at mid-depth of slab.

4. After premoistening, the specified moisture content of soils shall be maintained until concrete is placed. Required moisture content shall be verified by an approved testing laboratory not more than 24 hours prior to placement of concrete.

5. Crawl spaces under raised floors need not be pre-moistened except under interior footings. Interior footings which are not enclosed by a continuous perimeter foundation system or equivalent concrete or masonry moisture barrier complying with Footnote #12 of Table 1809.7(1)1809.7 shall be designed and constructed as specified for perimeter footings in Table 1809.7(1)1809.7.

6. Foundation stem walls which exceed a height of three times the stem thickness above lowest adjacent grade shall be reinforced in accordance with Chapter 21 and Section 1914 in the IBC, or as required by engineering design, whichever is more restrictive.

7. Bent reinforcing bars between exterior footing and slab shall be omitted when floor is designed as an independent, "floating" slab.

8. Underfloor access crawl holes must be provided with curbs extending not less than six (6) inches above adjacent grade to prevent surface water from entering the foundation area. thickness of 4 inches when the expansion index exceeds 50. The ground under a raised floor system may be excavated to the elevation of the top of the perimeter footing, except where otherwise required by engineering design or to mitigate groundwater conditions.

9. Grade beam, garage opening. A grade beam not less than 12" x 12" in cross section, or 12" x depth required by Table 1809.7(1)1809.7, whichever is deeper, reinforced as specified for continuous foundations in Table 1809.7(1)1809.7, shall be provided at garage door openings.

10. Where a post-tensioning slab system is used, the width and depth of the perimeter footings shall meet the requirements of this table.

11. An approved vapor barrier shall be installed below concrete slab-on-grade floor of all residential occupancies in such a manner as to form an effective barrier against the migration of moisture into the slab. When sheet plastic material is employed for this purpose it shall be not less than 6 mils (.006 inch) in thickness. The installation of a vapor barrier shall not impair the effectiveness of required anchor bolts or other structural parts of a building. Foundations at the perimeter of concrete floor slabs shall form a continuous moisture barrier of Portland cement concrete or solid grouted masonry to the depths required by Table 1809.7(1)1809.7.

12. When buildings are located on expansive soil having an expansion index greater than 50, gutters, downspouts, piping, and/or other non-erosive devices shall be provided to collect and conduct rainwater to a street, storm drain, or other approved watercourse or disposal area.

13. Fireplace footings shall be reinforced with a horizontal grid located 3" above the bottom of the footing and consisting of not less than No. 4 Bars at 12" on center each way. Vertical chimney reinforcing bars shall be hooked under the grid. Depth of fireplace chimney footings shall be no less than that required by Table 1809.7(1)1809.7.

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G. Section 2308.7.1 is amended in its entirety to read as follows:

2308.7.1 Foundation plates or sills. Section 2308.7.1 is amended (italicized) to read as follows:

2308.7.1, Foundation plates or sills resting on concrete or masonry foundations shall comply with Section 2304.3.1. Foundation plates or sills shall be bolted or anchored to the foundation with not less than ½-inch diameter (12.7 mm) steel bolts, 5/8-inch-diameter steel bolts in seismic design category E or approved anchors spaced to provide equivalent anchorage as the steel bolts. Bolts shall be embedded not less than 7 inches (178 mm) into concrete or masonry. The bolts shall be located in the middle third of the width of the plate. Bolts shall be spaced not more than 4 feet on center in seismic design category E, and there shall be not less than two bolts or anchor straps per piece with one bolt or anchor strap located not more than 12 inches (305 mm) or less than 4 inches (102 mm) from each end of each piece. Bolts in sill plates of braced wall lines in structures over two stories above grade shall be spaced not more than 4 feet (1219 mm) on center. A properly sized nut and washer shall be tightened on each bolt to the plate"

(H) Section 3109.1, Swimming Pools, Spas and Hot Tubs Section 3109.1 is amended to read as follows:

3109.1 General. The design and construction of swimming pools, spas and hot tubs shall comply with the International Swimming Pool and Spa Code (ISPSC) and amended Section 3109.1 as follows:

Swimming pool design and construction. Pool design and construction shall be in accordance with accepted engineering practice and shall be structurally suitable for the soil, topographic and geologic conditions prevailing at the construction site.

Expansive soil design. A pool constructed below grade shall be designed on the assumption that the construction is to be in area of moderately expansive soil having an expansion index of 51—90 and an equivalent fluid pressure of not less than 45 pounds per cubic foot (45 pcf). Where the pool construction site may consist of highly expansive soils, the building official shall require a site investigation, soil testing and engineering analysis by a registered civil engineer.

Exceptions: Where tests indicate that soils at the pool site are non-expansive or have a low expansion characteristic from ground surface to the full depth of the pool, structural design may be based on an equivalent fluid pressure not less than 30 pounds per cubic foot (30 pcf).

1. Hydrostatic uplift. In areas of anticipated high water table, swimming pool construction shall include an approved hydrostatic relief system or device.

2. Thermal protection for plastic piping. Between the outlet of pool heating equipment and any plastic water piping connected thereto, not less than 5 feet of approved metal pipe shall be installed for the purpose of dissipating heat and a check valve shall be installed to prevent thermal damage to plastic piping.

Exception: A check valve may be omitted where rapid or high-rate filters are used.

3. Special inspection. Special inspection in accordance with Section 1704 shall be provided for pneumatically placed concrete (gunite) for swimming pool construction.

(I) Appendix Chapters. Appendix F, H, I, J is adopted as part of this code with modifications as listed in this section.

J. Section J101 - General is amended by adding subsection J101.3 as follows:

J101.3 Enforcement. For the purpose of technical enforcements of this Grading Appendix, the Building official has the enforcement authority of the applicable grading work and regulations applied to the building or structure's location. The City Engineer has the enforcement authority of this Grading Appendix for other areas outside the building or structure's locations.

(Ord. No. 11-826, 4-12-2011; Ord. No. 13-838, §§ 4—7, 12-10-2013; Ord. No. 16-870, §§ 5, 6, 1-10-2017; Ord. No. 20-295, §§ 5, 6, 1-28-2020; Ord. No. 23-945, §§ 5, 6, 3-14-2023; Ord. No. 25-989, §§ 5, 6, 11-12-2025)

5.04.021 Adopted by reference.

The California Residential Code, 2025 Edition ("CRC"), published by the California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833-2936 is hereby adopted as the city's residential code.

5.04.022 Amendments, Additions and Deletions.

After due consideration, the City Council finds that as a result of existing local climatic, geological, or topographical conditions that amendments, additions, arid deletions as the CRC are reasonably necessary to provide sufficient and effective levels of safety for the protection of life, health and property. Therefore, the CRC is amended, added to, or deleted from, as set forth below:

(A) Division II Administrative. Is deleted in its entirety and replaced with 5.02 of this Title.

(B) Section R309 is deleted in its entirety to include Sections R309.1 through R309.3.8.2 and new Section R309 is added to read as follows:

R309. Automatic Sprinkler Requirements. Requirements for automatic fire sprinkler system are found in section 903 of the California Building Code, as amended,

(C) Section R310.2.1. is amended to read as follows:

R310.2.1. New construction, Smoke alarms shall be provided in dwelling units and in attached and detached garages associated with dwelling units, and accessory structures over 120 sq. ft. with electrical power.

(D) Section R310.2.1. is amended in its entirety to read as follows:

R310.2.1. Where Required. New construction, Carbon Monoxide alarms shall be provided in dwelling units and in attached and detached garages associated with dwelling units, and accessory structures over 120 sq. ft. with electrical power.

(F) Amend Section R330.1 to read as follows:

R330.1 General. Energy storage system (ESS) Shall comply with the provisions of this section and the Fire Standards of the City.

(G) Added Sections R401.3.1 through R401.3.3 to read as follows:

R401.3.1 General. Provisions must be made for the control and drainage of surface water around buildings. Concentrated drainage such as rainwater from gutters and downspouts, scuppers, and roof valleys must be diverted away from building foundation by means of concrete splash blocks and/or other approved non- erosive devices.

R401.3.2 Gutters and Downspouts. When buildings are located on expansive soil having an expansion index greater than 50, gutters, downspouts, piping, and/or other non-erosive devices must be provided to collect and conduct rainwater to a street, storm drain, or other approved watercourse or disposal area.

R401.3.3 Vapor Barrier. An approved vapor barrier must be installed below slab floors of all residential occupancies in such a manner as to form an effective barrier against the migration of moisture into the slab. When sheet plastic material is employed for this purpose it must be not less than 6 mils (.006 inch) in thickness.

The installation of a vapor barrier must not impair the effectiveness of required anchor bolts or other structural parts of a building.

(H) Anchorage. Added Section R403.1.6.2 is added to read as follows:

Foundation anchorage. Steel bolts with a minimum nominal diameter of 5/8" inch spaced a maximum of 4' on center shall be used in seismic design category E.

Footing Supporting Walls Construction. Table R403.1 is deleted and replaced with Section 5.04.012(I).

(I) Roofing Covering Materials. Section R902.1. Is amended in its entirety to read as follows: by revising it to allow only class A roofs as follows:

R902.1 Roofing Covering Materials, Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A roofing shall be installed in areas designated by this section. Class A roofing shall be listed and tested in accordance with UL 790 or ASTM E1 08.

Section R902.2 is amended to read as follows:

R902.2 Fire-retardant-treated wood shakes and shingles are wood shakes and shingles complying with UBC Standard 15-3 or 15-4 which are impregnated by the full-cell vacuum-pressure process with fire-retardant chemicals, and which have been qualified by UBC Standard 15-2 for use as Class A roof.

(Ord. No. 11-826, 4-12-2011; Ord. No. 13-838, § 9, 12-10-2013; Ord. No. 16-870, §§ 7, 8, 1-10-2017; Ord. No. 20-295, §§ 7, 8, 1-28-2020; Ord. No. 23-945, §§ 7, 8, 3-14-2023; Ord. No. 25-989, §§ 7, 8, 11-12-2025)

5.04.031 Adopted by reference.

The California Plumbing Code, 2025 Edition ("CPC"), and Appendices A, B, D, H, I, K, and L promulgated and published by the California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833-2936 is hereby adopted as the City's plumbing code.

5.04.032 Amendments, Additions and Deletions.

After due consideration, the City Council finds that as a result of existing local climatic, geological, or topographical conditions that amendments, additions, and deletions of the CPC are reasonably necessary to provide sufficient and effective levels of safety for the protection of life, health and property. Therefore, the CPC is amended, added to, or deleted from, as set forth below:

(A) Section 604.2 is amended to delete Exceptions (1) and (2).

(B) Section 701.2 amended in its entirety to read as follows:

701.2. Drainage Piping. All new and replacement underground drainage and waste piping shall be of ABS or PVC due to poor soil conditions.

(C) Section 715.1 amended in its entirety to read as follows:

715.1. Materials. Piping material for building sewers shall be of ABS, PVC or Polyethylene (PE) due to poor soil conditions.

(Ord. No. 11-826, 4-12-2011; Ord. No. 13-838, § 10, 12-10-2013; Ord. No. 16-870, §§ 9, 10, 1-10-2017; Ord. No. 20-295, §§ 9, 10, 1-28-2020; Ord. No. 23-945, §§ 9, 10, 3-14-2023; Ord. No. 25-989, §§ 9, 10, 11-12-2025)

5.04.041 Adopted by reference.

The California Electrical Code, 2025 Edition ("CEC"), promulgated and published by the California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833-2936 is hereby adopted as the city's electrical code.

5.04.042 Amendments, Additions and Deletions.

After due consideration, the City Council finds that as a result of existing local climatic, geological, or topographical conditions that amendments, additions, and deletions to the CEC are reasonably necessary to provide sufficient and effective levels of safety for the protection of life, health and property. Therefore, the CEC is amended, added to, or deleted from, as set forth below:

(D) Section 110.5.1 is added to read as follows:

110.5.1 Aluminum Conductors. Aluminum conductors used in industrial applications under the provisions of this Code must be a minimum of #6 A.W.G. stranded conductor.

(E) Section 230.1.1 is added to read as follows:

230.1.1, New electrical services for newly constructed commercial and multi-family buildings shall utilize underground services installed per Part III Underground Service Conductors Art. 230.30.

(F) Article 230.70(A)(1) is amended (italicized) to read as follows:

230.70(A)(1), Readily Accessible Location. The service disconnecting means shall be installed at a readily accessible location either outside the building or other structure, or inside nearest the point of entrance of the service conductors. The disconnecting means shall be accessible to emergency personnel, either directly or by a remote actuating device, without requiring transit of the building interior. Dedicated electrical equipment rooms located at the building perimeter and providing direct access to the outside shall satisfy accessibility for emergency personnel.

(G) Article 250.52(A)(3) is deleted and new Article 250.52(A)(3) is added to read as follows:

Article 250.52(A)(3) Concrete-encased electrode. An electrode encased by at least 2 inches (50.8 mm) of concrete, located within and near the bottom of a concrete foundation or footing that is in direct contact with the earth, consisting of at least 20 feet (6.1 m) of bare copper conductor not smaller that No. 4 A.W.G.

(Ord. No. 11-826, 4-12-2011; Ord. No. 13-838, § 11, 12-10-2013; Ord. No. 16-870, § 11, 12, 1-10-2017; Ord. No. 20-295, §§ 11, 12, 1-28-2020; Ord. No. 23-945, §§ 11, 12, 3-14-2023; Ord. No. 25-989, §§ 11, 12, 11-12-2025)

5.04.051 Adopted by reference.

The California Mechanical Code, 2025 Edition ("CMC"), including its appendices A, B, C, and D promulgated and published by the California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833-2936 is hereby adopted as the city's mechanical code.

5.04.052 Amendments, Additions and Deletions.

After due consideration, the City Council finds that as a result of existing local climatic, geological, or topographical conditions that amendments, additions, and deletions to the CMC are reasonably necessary to provide sufficient and effective levels of safety for the protection of life, health and property. Therefore, the CMC is amended, added to, or deleted from, as set forth below:

(A) Section 508.1 is amended to add the italicized language below to read as follows:

508.1 Where required. Type I hoods and hood ventilation systems must be installed to the satisfaction of the Building Official at or above all commercial-type deep fat fryers, broilers, grills, hot top ranges, ovens, barbecues, rotisseries and similar equipment which produce comparable amounts of smoke or grease in a food-processing establishment. For the purpose of this section, a food-processing establishment shall include and building or portion thereof used for the processing of food including dwelling units.

(Ord. No. 11-826, 4-12-2011; Ord. No. 13-838, § 12, 12-10-2013; Ord. No. 16-870, §§ 13, 14, 1-10-2017; Ord. No. 20-295, §§ 13, 14, 1-28-2020; Ord. No. 23-945, §§ 13, 14, 3-14-2023; Ord. No. 25-989, §§ 13, 14, 11-12-2025)

5.04.061 Adopted by reference.

The California Fire Code, 2022 Edition ("CFC"), published by the California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833- 2936 is hereby adopted as the city's fire code.

5.04.062 Amendments, Additions and Deletions.

After consideration, the City Council finds that as a result of existing local climatic, geological, or topographical conditions that amendments, additions, and deletions as the CFC are reasonably necessary to provide sufficient and effective levels of safety for the protection of life, health and property. Therefore, the CFC is amended, added to, or deleted from, as set forth below:

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

101.1 Title. These regulations shall be known as the Fire Code of the City of Fillmore, hereinafter referred to as "this code".

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

103.1 General. The office of the prevention is established within the jurisdiction under the direction of the fire code official for the implementation, administration and enforcement of the provisions of this code.

(C) Section 103.2 is deleted.

(D) Section 105.1.4 is amended in its entirety to read as follows:

105.1.4 Construction permit consolidation. Construction permits required under Section 105.7 may be included with a construction permit issued by the building official under Chapter 1 of the California Building Code. All applicable construction permit fees shall be included in the consolidated construction permit issued by the building official.

(E) Section 111.1 is amended to read as follows:

111.1 Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be established as set forth in Section 113 of the California Building Code, as amended in Section 5.04.030 of the Fillmore Municipal Code. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official.

(F) Section 202 is amended by adding the following definition:

BUILDING EXISTING. A building erected prior to the adoption of this code, or one for which a legal building permit has been issued.

(G) Section 903.1.2 is added to read as follows:

902.1.2 Code exceptions or reductions. Where exceptions to, or reduction in, code provisions have been granted because of the installation of a fire sprinkler system, an NFPA 13 compliant system shall be installed.

(H) Sections 903.2 is amended in its entirety to read as follows:

903.2 Requirements for automatic fire sprinkler systems are found in section 903 of the California Building Code, as amended.

(I) Sections 903.2.1 through 903.2.10.3 are deleted.

(Ord. No. 11-826, 4-12-2011; Ord. No. 13-838, §§ 13, 14, 12-10-2013; Ord. No. 16-870, § 15, 16, 1-10-2017; Ord. No. 20-295, §§ 15, 16, 1-28-2020; Ord. No. 23-945, §§ 15, 16, 3-14-2023)

5.04.071 Adopted by Reference.

The International Property Maintenance Code, 2025 Edition ("IPMC"), published by the International Code Council, Inc. 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401 is hereby adopted as the city's property maintenance code.

5.04.072 Amendments, Additions and Deletions.

The Maintenance Code is amended, added to, or deleted from as set forth below:

A. Section 103.5 is amended by adding the following:

Section 103.5.1. The fees for activities and services performed by the department in carrying out its responsibilities under this code are established by city council resolution.

B. Chapter 3 is amended by adding the following sections:

Section 310, Substandard Buildings. Any building or portion thereof determined to be an unsafe building or any building or portion, including any dwelling unit, guest room or suite of. rooms, or the premises on which the same is located, in which there exists any of the conditions referenced in this section to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof, constitutes a substandard building.

310.1 Inadequate Sanitation. Buildings or portions thereof are substandard when they are insanitary. Inadequate sanitation includes, without limitation, lack of water closet, lavatory, bathtub or shower facilities and kitchen sink, lack of hot and cold running water, lack of heating facilities, lack of minimum amounts of natural light and ventilation, lack of required room and space dimensions, lack of required electrical lighting, dampness of habitable rooms, infestation of insects, vermin or rodents, lack of connection to a sewage disposal system and general dilapidation or improper maintenance.

310.2 Hazards. Buildings or portions thereof are substandard when they are or contain structural hazards which include deteriorated or inadequate foundations, flooring or floor supports, walls or vertical supports that lean, list or buckle, members of ceilings, roofs and roof supports or other horizontal members that sag, split or buckle, any or all deteriorated required electrical wiring system or service, plumbing system including supply, drain, waste and vent system or mechanical system that was installed in violation of code requirements in effect at the time of installation or not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good condition. Fireplaces or chimneys that list, bulge or settle due to defective material or deterioration.

310.3 Hazardous or Insanitary Premises. The accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions on a premises constitutes fire, health or safety hazards that is substandard

310.4 Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes that were not designed or intended to be used for such occupancies are substandard"

C. Section 404.4.1.2, is added to read as follows:

404.4.1.2. Area for sleeping purposes. Every bedroom occupied by one person must contain at least 70 square feet of floor area, and every bedroom occupied by more than one person must contain at least 50 square feet of floor area for each occupant thereof.

(Ord. No. 11-826, 4-12-2011; Ord. No. 13-838, § 15, 12-10-2013; Ord. No. 16-870, § 17, 18, 1-10-2017; Ord. No. 20-295, §§ 17, 18, 1-28-2020; Ord. No. 23-945, §§ 17, 18, 3-14-2023; Ord. No. 25-989, §§ 15, 16, 11-12-2025)

5.04.081 Adopted by reference.

The California Existing Building Code 2025 Edition ("CEBC"), published by the California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833-2936, is hereby adopted by reference, subject to the amendments, additions and deletions hereinafter set forth as the city's codes for existing buildings.

5.04.082 Amendments, Additions and Deletions.

After due consideration, the City Council finds that as a result of existing local climatic, geological, or topographical conditions that amendments, additions, and deletions to the CEBC are reasonably necessary to provide sufficient and effective levels of safety for the protection of life, health and property. Therefore, the CEBC is amended, added to, or deleted from, as set forth below:

A. Section A102.1.1 is added to read as follows:

A102.1.1 General. The provisions of this chapter shall apply to all existing buildings having at least one unreinforced masonry bearing wall. The elements regulated by this chapter shall be determined in accordance with Table A1-A. Except as provided herein, other structural provisions of the building code shall apply. This chapter does not apply to the alteration of existing electrical, plumbing, mechanical or fire safety systems.

Exceptions:

1. Warehouses or similar structures not used for human habitation unless housing emergency equipment or supplies.

2. A building having five living units or less.

B. Section A115.1.1 is added to read as follows:

A115.1.1 Compliance requirements. The city's building stock and records were surveyed to identify building within the scope of this chapter, and said building owners were notified of the determination by notice and order sent by certified mail. The owner of a building within the scope of this chapter shall cause a structural analysis of the building to be made either by California-licensed engineer or architect. The engineer or architect may provide sufficient evidence to establish that the building is not within the scope of this chapter, subject to the approval of the building official.

The owner of a building subject to this chapter shall:

1. Submit a structural analysis, plans and building permit application for alterations required to conform with this chapter by January 1, 2010.

2. Obtain a building permit for alterations required to conform with this chapter by July, 2010.

3. Alter the building to conform to the provisions of this chapter where additions or alterations exceed 25 percent of the existing floor area of the building. Cumulative additions shall be considered when determining whether the 25 percent threshold has been exceeded. Any addition made after January 1, 2008 shall be considered.

C. A115.1.2 is added to read as follows:

A115.1.2, Subsequent determinations. Where a building, not otherwise identified in the original inventory of buildings, is determined to be within the scope of this chapter, the owner shall structurally alter the building to comply with this chapter within 180 days of receipt of a notice and order, or as otherwise determined by the building official.

D. Section A115.3.1 through A115.3.6 are added to read as follows:

A115.3.1 General. The building official shall, within 30 days of the determination that a building is of unreinforced masonry construction issue a notice and order as provided in this section to the owner of a building within the scope of this chapter.

A115.3.2 Service of notice and order. A notice or order issued pursuant to this section shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll, and upon the person, if any, in apparent charge or control of the building. The failure of any such person to receive such notice or order shall not affect the validity of any proceedings taken under this chapter or relieve any such person from any duty or obligation imposed on him by the provisions of this chapter.

A115.3.3 Content of notice and order. The notice shall specify that the building has been determined by the building official to be within the scope of this chapter and, therefore, is subject to the minimum seismic standards of this chapter. The order shall direct the owner to obtain a building or demolition permit as required by this chapter and cause the building to be structurally altered to conform to the provisions of this chapter, or cause the building to be demolished. The notice or order shall be accompanied by a copy of Section A115.1, which sets forth the owner's responsibilities.

A115.3.4 Appeal. The owner of the building may appeal the building official's initial determination that the building is within the scope of this chapter to the Board of Appeals established by Section 113 of the California Building Code, as adopted. Such appeal shall be filed with the Board within 60 days from the service date of the order described in Section A115.2. Any appeal shall be decided by the Board no later than 90 days after filing and the grounds thereof shall be stated clearly and concisely. Appeals or requests for modifications from any other determinations, orders or actions by the building official pursuant to this chapter shall be made in accordance with the procedures established in the California Building Code.

A115.3.5 Recordation. At the time that the building official serves the aforementioned notice, the building official shall also file and record with the office of the county recorder a certificate stating that the subject building is within the scope of this chapter and is a potentially earthquake hazardous building. The certificate shall also state that the owner thereof will be ordered to structurally analyze the building to determine compliance with this chapter.

If the building is either demolished, found not to be within the scope of this chapter, or is structurally capable of resisting minimum seismic forces required by this chapter as a result of structural alterations or an analysis, the building official shall file and record with the office of the county recorder a form terminating the status of the subject building as being classified within the scope of this chapter.

A115.3.6 Enforcement. If the owner in charge or control of the subject building fails to comply with any order issued by the building official pursuant to this chapter within the time limit set forth in Section A115.1, the building official shall verify that the record owner of this building has been properly served. If the order has been served on the record owner, then the following provisions apply:

The building official may order that the entire building be vacated and that the building remain vacated until such order has been complied with. If compliance with such order has not been accomplished within 90 days after the date the building has been ordered vacated or such additional time as may have been granted by the Board of Appeals, the building official may order its demolition in accordance with the International Property Maintenance Code.

1. Any person who violates any provision of this chapter is guilty of a misdemeanor, and is subject to the penalty as provided for in Chapter 1, Title 1 of the City of Fillmore Municipal Code."

(Ord. No. 11-826, 4-12-2011; Ord. No. 16-870, § 19, 20, 1-10-2017; Ord. No. 20-295, §§ 19, 20, 1-28-2020; Ord. No. 23-945, §§ 19, 20, 3-14-2023; Ord. No. 25-989, §§ 17, 18, 11-12-2025)

The California Historical Code 2025 Edition (CHC). Published by the California Building Standard Commission 2525 Natomas Park Drive, Suite 130 Sacramento CA. 95833-2936 is hereby adopted as the city's historical code.

(Ord. No. 13-838, § 18, 12-10-2013; Ord. No. 16-870, § 21, 1-10-2017; Ord. No. 20-295, § 21, 1-28-2020; Ord. No. 23-945, § 21, 3-14-2023; Ord. No. 25-989, § 19, 11-12-2025)

The California Wildland Urban Interface Code 2025 Edition (WUIC) published by the California Building Standard Commission, 2025 Natomas Park DR., Suite 130, Sacramento, CA. 95833 is hereby adopted as the City's Wildland Urban Interface Code.

A. Section 504.5 Exterior walls is amended to read as follows: (from the previous code amendment of 7A.

1. 1-hour fire resistance rated construction on the exterior side. For the new residential exterior walls within 5 ft. or less to the property lines, they must be a minimum of 2 hour-rated construction.

2. Establishes requirements for exterior siding replacement of any size on existing structures (residential or commercial) within 10 ft. or less of property lines or adjacent structures shall comply with the fire safe materials required in Chapter 5 of the Code.

B. Section 504.8 Exterior glazing is amended with subsection 5 to read as follows: (from the previous code amendment of Chapter 7A, CBC).

5. For replacement windows, skylights and doors in existing structures (residential and commercial) shall comply with the fire safe materials required in Chapter 5 of the Code.

(Ord. No. 25-989, § 20, 11-12-2025)