Chapter 15.04 — GENERAL PROVISIONS

The general provisions set forth in this Chapter shall be applicable to Chapters 15.04,15.08, 15.10, 15.12, 15.14, 15.16,15.18, 15.20, 15.24, 15.28, 15.30, 15.32, 15.44, 15.48, 15.52, 15.60, 15.70, and 15.80 of Title 15 of this Ordinance Code except as otherwise specifically provided.

The Board finds that it is reasonably necessary to make certain changes or modifications in the requirements contained in the rules and regulations adopted by the California Building Standards Commission (BSC) and the Department of Housing and Community Development (HCD) pursuant to Section 17922 of the California Health and Safety Code; that such changes or modifications are herein more particularly set forth.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

Whenever the following terms appear herein, or in any of the codes referred to, they shall have the meaning ascribed to them in this section unless the context clearly discloses a different intent.

A.

"Building official" or "administrative authority" means the director of the department of public works and planning and any assistant or employee in his/her office designated as deputies in accordance with Section 103.3 of the California Building Code.

B.

"Construction" means any work that includes but is not limited to erection, installation, enlargement, alteration, conversion or relocation.

C.

"Department of housing and community development, (HCD)" referred to in the Mobilehome and Mobilehome Park Law and the rules and regulations of the division of housing implementing said laws, means the Building Official as defined above.

D.

"Replacement construction" means any work where alterations exceeds definition of "MINOR STRUCTURAL ALTERATIONS, ADDITIONS, OR REPAIRS" as defined by the California Existing Building Code or where more than 50% percent of the existing structure is being replaced. Replacement Construction shall meet the requirements of New Construction.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 15-021, § 1(Exh. A), 11-17-2015; Ord. No. 13-024, § 1(Exh. B), 11-12-2013; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07- 049, Exh. A)

The penalty for violation of any of the provisions of title 1 of the Fresno County Ordinance Code shall be as prescribed in section 1.12.010 as a misdemeanor, or section 1.12.020 as an infraction, or as prescribed in subsection 15.04.080 C., Work without Permit. In addition to the Building Official, the provisions of this title may be enforced by any county employee designated by the county administrative officer who is responsible for the enforcement of this code. The provision of this title may also be enforced by

administrative abatement pursuant to Chapter 1.16 of this code, or an injunction issued out of the superior court upon suit of the county or the owner/permittee or person in possession of any real property affected by such violation. The method of enforcement shall be cumulative and shall not affect the penal provisions hereof.

A.

Denial of Permits. Staff shall not issue permits as required by the provisions of Title 1 of the Fresno County Ordinance Code section 1.13.150 and Title 17 of the Fresno County Ordinance Code section 17.72.110.D, amending California Building Code section 105 and California Residential Code R105.

(Ord. No. 25-020, § 7, 10-7-2025; Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

No licensing or other requirement or qualification shall be required to do work of any kind referred to herein excepting those professional services requiring licenses by the State of California and it shall be sufficient that the work itself meets these requirements irrespective of the person who may have performed the same.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

These provisions shall be administered by the Building Official. The building official may approve alternate materials, designs or methods of construction which are substantially equivalent to those prescribed and do not materially affect the health and safety standards herein established.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

Chapter 1, Section 113, Board of Appeals of the 2022 California Building Code shall be amended as follows:

There is created an Appeals Board consisting of eighteen (18) members. Such membership on the Appeals Board shall be divided into three (3) divisions; namely, the Building Division, the Electrical Division, and the Plumbing and Mechanical Division.

The members of the Building Division shall consist of an Architect, a General Contractor active in construction of commercial or industrial structures, a representative of the building trade, a Structural or Civil Engineer, a General Contractor active in the construction of residential structures, and a member of the public at large.

The members of the Electrical Division shall consist of an Electrical Engineer, an Electrical Contractor active in construction of commercial or industrial structures, a member of the public at large, a person engaged in

the electrical industry other than as a Master or Journeyman Electrician, and Electrical Contractor active in construction of residential structures, and a representative of the electrical trade.

The members of the Plumbing and Mechanical Division shall consist of a Mechanical Engineer, a Mechanical Contractor, a representative of the plumbing trade, a Plumbing Contractor, a representative of the heating and air conditioning installation trade and a member of the public at large.

All members are to be appointed by the Board of Supervisors. Notwithstanding the above, for the purpose of hearing appeals related to enforcement of building access requirements for physically disabled persons, the Building Division shall consist of two (2) additional members, who shall be physically disabled persons.

The members of the Appeals Board shall be residents of the County during the appointed term. The terms of the members shall be for four (4) years, with the maximum staggering of terms among members. Each four-year (4-year) term shall expire on June 30th of the odd numbered calendar year. A member of the Joint Appeals Board having served any portion of two (2) continuous appointed terms shall be ineligible for reappointment until a full four-year (4-year) term has elapsed since the expiration of his last term.

The Chief Building Inspector of the County shall serve as Secretary to the Appeals Board.

The duties of the Appeals Board, to be performed by each of the Divisions as hereinafter provided, shall be as follows:

A.

To review the suitability of alternate materials, engineering designs, methods of construction and equipment, and to advise the Building Official as to acceptance or denial;

B.

To provide for reasonable interpretations of the provisions of the subject codes;

C.

To conduct hearings for an exception to a required public sewer connection;

D.

To hear written appeals brought by any person regarding action taken by the Building Official in enforcement of the requirements of the disabled access regulations, including exceptions contained in Section 19957, Health and Safety Code and Title 24, California Code of Regulations (CCR);

E.

To hear appeals from an administrator's determination of requests for variances.

The Appeals Board shall have no authority relative to interpretation of the administrative provisions of this title or model stated codes nor shall the Appeals Board be empowered to waive requirements of such model codes.

Hearings shall be conducted, business transacted and decisions rendered by the appropriate Divisions of the Appeals Board having expertise in the manner which is the subject for their review. The Appeals Board of any Division thereof shall be convened upon call of the Chief Building Inspector when matters are to be considered which may be of concern to such Board or Division. The Appeals Board, and its Divisions, shall organize itself, shall adopt reasonable rules and regulations for conducting its business and hearings, and shall render its decisions in writing. The decisions of the Appeals Board, or its Divisions, shall be final.

Any vacancy on the Appeals Board occurring during any term may be filled by appointment by the Board of Supervisors for the unexpired term. If a member of the Appeals Board is absent from three (3) consecutive regular or special meetings of the Appeals Board of the Division to which he is appointed, unless by permission of the Appeals Board or such Division expressed in its official minutes, their membership shall automatically become vacant and upon certification to the Board of Supervisors by the Appeals Board or such Division that such vacancy has occurred, a successor shall be appointed in the manner herein prescribed for filling vacancies. Any member of the Appeals Board may be removed from office at any time by a four-fifths (⅘) vote of the entire membership of the Board of Supervisors.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 13-024, § 1(Exh. B), 11-12-2013; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

The board of supervisors delegates to an appeal panel of county hearing officers, as referenced in Section

housing and structures, and dangerous buildings declared to be a public nuisance, as provided for in chapter 15.32 of this title.

(Ord. No. 25-020, § 7, 10-7-2025; Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

2022 California Building Code Section 105, and the 2022 California Residential Code, Section R105 Permits shall be amended as follows:

A.

Consolidated Permits. In lieu of applying for separate Building, Mechanical, Electrical and Plumbing Permits, any combination of Building, Mechanical, Electrical or Plumbing Permits may be consolidated onto one (1) permit form for each building or structure. When all required permits are obtained concurrently on one (1) application form, the permit fee will be reduced five percent (5%).

B.

Expirations.

Permits.

a)

All permits issued under the provisions of this chapter shall expire and become null and void if work authorized by such permit is not commenced within twelve (12) months from the date such permit was issued or six (6) months after the last approved inspection by the Building Official. The Building Official may extend the expiration date upon written request of the permittee for a period not exceeding two (2) years from the date the permit was originally issued. Additional extensions may be approved, upon written request by the permittee, within the sole discretion of the Building Official, or designee.

b)

After a permit has expired, a violation will be issued and no work shall be performed until another permit is issued. The fee for re-issuance of the permit shall be one-half (½) of the fee of the original permit if such reissued permit is issued within six (6) months of the expiration date of the original permit and if substantial changes have not been made to the original plans and specifications. Re-issuance of expired permits past the six-month (6-month) limitation will not be considered and new permits will be required. The fee for these new permits shall be based upon the fee schedule in force at the time of new permit issuance and the amount of work left to be completed or fifty percent (50%) of the original permit fee, whichever is greater. A minimum fee equal to a one-hour (1-hour) Special Service Fee, based on the fee schedule in force at the time the permit is reinstated, shall be required on all reinstated permits.

Plan Review. 2022 California Building Code Section 107.3.1 and the 2022 California Residential Code, Section R106.3.2 Permits shall be amended as follows:

a)

Plan Reviews shall become null and void if Building Permits are not issued within twelve (12) months from the date of completion of the initial Plan Review. Upon written request by the applicant, the Building Official may extend the life of a Plan Review for a period not exceeding one (1) year beyond the original twelve- month (12-month) limitation after the completion of the initial Plan Review. Additional extensions may be approved, upon written request by the applicant, within the sole discretion of the Building Official.

b)

Within six (6) months of the expiration and if no model code change has taken place, the applicant may resubmit plans and pay one-half (½) the original Plan Review Fee to renew action on an expired Plan Check. After the six-month (6-month) limitation for renewal has expired, or a code change has taken place, a complete new submittal is required and the Plan Review will be based on the fee schedule in place at the time of the submittal.

C.

Work without Permit. For permits issued after commencement of construction, a Violation Fee, as determined by the Building Official, shall be charged. The fee shall be based on that portion of the work that has been started without the required permits. These fees shall be twice the regular amount charged except where a new owner has acquired the property in good faith and without knowledge that

construction work had been performed without the required permits. This fee is separate from and in addition to the permit fees.

D.

Fees.

The Board of Supervisors may, by Ordinance, adopt fee schedules for the review of submitted plans, issuance of Building Permits and inspections by the Development Services Division of the Department of Public Works and Planning.

Where plans are incomplete or changed so as to require additional plan review, an additional Plan Review Fee shall be charged at an hourly rate.

E.

Plans. Two (2) complete sets of plans, drawn to scale, including a Site Plan, shall be submitted for Plan Review. All sheets in a set of plans shall be of uniform size and of sufficient size as to be legible when microfilmed. The Site Plan, Grading, Structural, Architectural, Plumbing, Mechanical and Electrical Plans shall be submitted and reviewed at one (1) time, except as permitted for commercial and industrial projects in Section 15.08.020 D. of this chapter.

F.

Standard Plans. The Building Official may establish a Standard Plan for identical structures within areas of the County that are located within the local responsibility area for fire protection and are not located within flood hazard areas, as defined on Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) maps, or within areas of expansive soils, as defined in the California Building Code. When a Standard Plan is established, the Plan Review Fee shall be one hundred percent (100%) of the Building, Plumbing, Electrical and Mechanical Permit fees. A Standard Plan will expire concurrently with the adoption of a new model code.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 13-024, § 1(Exh. B), 11-12-2013; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

A.

A Safe-to-Occupy/Safe-to-Stock Clearance may be issued by the Building Official before final approval of a new structure upon determination by the Building Official that the structure is substantially complete and safe for human occupancy. As a condition of issuing such clearance, the owner/permittee shall enter into an agreement with the County to complete all mandatory work within six (6) months. The agreement shall be secured by a cash deposit with the Building Official, the amount of which shall be ten percent (10%) of the Building Official's estimate of the cost to complete the work. The minimum deposit shall be one

thousand dollars ($1,000). The Building Official may extend the completion date for one (1) additional six- month (6-month) period, upon written request of the owner/permittee, showing that circumstances beyond the control of the owner/permittee have prevented completion of construction. Additional extensions may be approved, upon written request by the owner/permittee, within the sole discretion of the Building Official or designee.

B.

A Safe-to-Occupy Clearance for model homes may be issued by the Building Official before final approval of a new single-family residential structure upon determination by the Building Official that the structure is substantially complete and safe for human occupancy. Issuance of the clearance shall allow the garage of such model home to be temporarily converted to office use as a model home sales office. As a condition of issuing such clearance, the owner/permittee shall enter into an agreement with the County to complete all mandatory work and convert the sales office to a garage use within twenty-four (24) months. The agreement shall be secured by a cash deposit with the Building Official, the amount of which shall be ten percent (10%) of the Building Official's estimate of the cost to complete the work and to convert the office to garage use. The minimum deposit shall be two thousand dollars ($2,000).

C.

Utility Clearance Prior to Final Approval. A Gas and/or Electrical Utility Clearance will be issued by the Building Official prior to final approval of the structure as required by Section 15.08.020.F.3 of this Ordinance. As a condition of the release, the Building Official shall require the owner/permittee to enter into an agreement not to occupy the structure prior to the issuance of a Certificate of Occupancy for the structure. The agreement shall be secured by a cash deposit for all projects except single-family dwellings. The amount of the deposit shall be based on the valuation of the project as determined by the fee schedule in place at the time of permit issuance. For projects with a construction valuation less than one hundred thousand dollars ($100,000) the deposit shall be five hundred dollars ($500). For projects with a valuation between one hundred thousand ($100,000) and one hundred fifty thousand dollars ($150,000) the deposit shall be one thousand dollars ($1,000). For projects with a valuation between one hundred fifty thousand ($150,000) and two hundred fifty thousand dollars ($250,000) the deposit shall be five thousand dollars ($5,000). For projects with a valuation exceeding two hundred fifty thousand dollars ($250,000) the deposit shall be ten thousand dollars ($10,000).

Exception 1: A cash deposit will not be required on residential accessory buildings when these buildings are used solely by the occupants of the dwelling for non-commercial purposes.

Exception 2: Agricultural storage buildings and small non-residential projects with a valuation between one hundred thousand dollars ($100,000) and two hundred fifty thousand dollars ($250,000) will require a deposit of one thousand dollars ($1,000) and projects with a valuation of less than one hundred thousand dollars ($100,000) will require a deposit of five hundred dollars ($500).

Gas and electric meters will not be released on mobile homes or relocated structures until a Certificate of Occupancy has been issued.

Agreements for release of gas or electric utilities shall run concurrently with the Building Permit. Extensions granted to the Building Permit shall also apply to the utility clearance deposit.

The amount of the deposit may be reduced by the Building Official when it can be shown that such reduced deposit amounts are adequate to ensure completion of construction.

Obtaining a Safe-to-Occupy/Safe-to-Stock Clearance shall constitute fulfillment of the agreement for return of the cash deposit. The cash deposit will also be returned if the utility is disconnected and the meter removed prior to the expiration of the agreement.

Gas and Electric Utility Clearances may be released on fire damaged residential buildings prior to permits for the fire damage repair being obtained for the sole purpose of maintaining landscaping or a swimming pool on the same property. As a condition of the release, the Building Official shall require the owner/permittee to enter into an agreement not to occupy the structure prior to the issuance of a Certificate of Occupancy for the structure. The agreement shall be secured by a refundable cash deposit of $1,000.00 plus a non-refundable $62.00 processing fee.

Temporary construction power, may be released prior to the issuance of required construction permits for the project. As a condition of the release, the Building Official shall require the owner/permittee to enter into an agreement not to occupy the structure prior to the issuance of a Certificate of Occupancy for the structure. The agreement shall be secured by a refundable cash deposit of $1,000.00 plus a non-refundable $62.00 processing fee.

D.

Deposits for Agreements and Failure to Complete Work. For deposits of more than two thousand five hundred dollars ($2,500), the agreement may be secured by a Bond, Bank Guarantee or Irrevocable Letter of Credit, in a form acceptable to the Building Official, in lieu of a cash deposit.

Owner/permittee default of the agreement will result in forfeiture of the deposit.

Deposits for work not completed within the agreed time, including extensions of any kind, shall be returned in accordance with the following schedule:

Completed Work Percentage of Deposit Returned

Between agreed time and 1 month after 90%

Between 1 month and 2 months after 80%

Between 2 months and 3 months after 70%

Between 3 months and 4 months after 60%

Between 4 months and 5 months after 50%

Between 5 months and 6 months after 40%

Between 6 months and 7 months after 30%

Between 7 months and 8 months after 20%

Between 8 months and 9 months after 10%

After 9 months 0%

Any deposit amount not returned pursuant to the above schedule shall be forfeited to the County. The Building Official may take whatever actions necessary to reduce a Bond, Bank Guarantee or Irrevocable Letter of Credit to cash upon owner/permittee's failure to complete the work within the agreed time, including extensions. Upon such conversion to cash, the cash will be dispersed according to the schedule above.

After forfeiture of the original deposit and prior to completion of the work, a new deposit as determined by the Building Official and based on the balance of work yet to be completed shall be required prior to commencement of work to be completed.

Time extensions shall be requested by the owner/permittee in writing prior to expiration of the term of the agreement and will be granted in writing, if approved, by the Building Official, or designee. The granting of a time extension is within the sole discretion of the Building Official, or designee, as the case may be.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

A.

Relocation Investigation Permit Required. No person shall move or cause any building or structure to be relocated within the unincorporated areas of the County without first obtaining, in addition to the Building Permit, a Relocation Investigation Permit from the Building Official.

B.

Relocation Impractical. The Building Official shall not issue a permit for any building or structure to be relocated where any of the following conditions exist to the extent that the building or structure endangers the public health or safety:

It is infested with termites;

It is structurally unsound;

It is of a type prohibited by law at the proposed location.

C.

Appeal. Any person denied a permit for relocation of a structure may appeal such decision to the Board of Review of the County within seven (7) days of such denial. The appeal shall contain a statement of reasons therefore. The Board of Review may sustain, modify, or reverse the decision of the Building Official. Its decision shall be final.

D.

Building Permit for Relocated Structures. As a condition to securing a Building Permit for a relocated structure, the owner/permittee shall enter into an agreement with the County to complete all mandatory work within one (1) year. The agreement shall be secured by a cash deposit with the Building Official, in an amount equal to ten percent (10%) of the estimated cost of performing the work described in the agreement, as determined by the Building Official. The minimum cash deposit shall be one thousand dollars ($1,000). The Building Official may extend the completion date for one (1) six-month (6-month) period upon written request of the owner/permittee showing that circumstances beyond the control of the owner/permittee have prevented the completion of all mandatory work. Additional extensions may be approved upon written request by the owner/permittee within the sole discretion of the Building Official or designee. Building Permits for relocated structures shall expire concurrently with the agreement to complete all mandatory work.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

A.

No person, firm or corporation shall wreck or demolish any building or structure or abandon a septic tank without first obtaining a permit therefore from the Building Official, clearance from the SJVAPCD must be provided at time of permit application.

B.

Prior to the start of any demolition work on any building or structure, the permittee shall have all utilities to such building or structure disconnected in the manner provided by this Code.

C.

The permittee shall fill all excavations level with adjoining grade not later than ten (10) days after the building or structure is demolished. Plaster, brick, or other inorganic noncombustible materials may be used to fill such excavations; provided, however, that the top twelve inches (12") of fill shall be clean earth. The filling of such excavations shall not be required when a Building Permit has been issued for a new building on the site and the construction thereof is to be started within sixty (60) days after the completion of the wrecking or demolition operation. In such event, the permittee shall enclose such excavation with a substantial six-foot (6') fence protecting the excavation on all sides.

D.

The permittee shall not operate any equipment engaged in the demolition of any building or structure or in the removal of material therefrom on the traffic side of a pedestrian canopy or walkway. The use of a battering device on the exterior walls of any building or structure is prohibited when such device will swing or be swung over public property or that, through its use, will cause building material particles to fall or be propelled onto public property.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

Any person to whom a permit has been issued as provided herein for the repair, alteration, demolition, or construction of any structure shall comply with each of the following:

A.

Take reasonable precaution to prevent or control the movement of wind born dust created by such activities.

B.

Promptly remove all dust and mud tracked into a public street by the movement of vehicles, equipment, materials and personnel.

C.

During the progress of the construction, the contractor shall promptly remove all garbage, waste, food, trash, litter and all other items likely to attract or harbor rats or vermin on the job site. Any wastepaper,

cartons or building materials that may be considered an attractive nuisance or a personal hazard shall be promptly removed. No garbage, waste, food, or trash shall be buried on the job site. The permittee shall provide adequate trash containers on the job site.

D.

At the time of Final Inspection following completion of the work under the permit, the streets and the construction site shall be left free of all waste materials.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

Remodeled Buildings. Where an existing dwelling is to be remodeled, or modification made to the plumbing, mechanical or electrical facilities, the Building Official may grant a variance from strict compliance with any particular provision where such variance will not result in a hazardous condition and strict compliance would be an unreasonable hardship.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

At the election of the owner/permittee, construction activities and improvements limited to underground utilities, grading, street improvements and model home construction for residential development and/or underground utilities, grading and street improvements for other than residential development on any parcel of land in any zoning district within the unincorporated area of the county may be exempted from the provisions of this chapter, when all the following conditions exist:

A.

The County Building Official has found that the following conditions exist:

Any city in the County has commenced by the adoption of an appropriate Resolution, annexation proceedings of that property upon which the structure or structures are to be erected;

That the Building Official of the City shall certify that the proposed structure and its location on the property will meet all City Ordinances and that said City will enforce the provisions thereof;

The City has executed an agreement agreeing to the provisions of this Chapter, including indemnification of the County.

B.

The owner/permittee shall comply with all City Ordinances, state and federal regulations relating to the construction of structures and division of land, including the securement of permits as would be required if the property were within the incorporated area of such City.

C.

In the event the annexation proceedings are not consummated within one hundred-twenty (120) days, the annexation is denied or the owner/permittee does not comply with the City Ordinances as certified to by the City Building Official, the Building Official of the City shall order the work stopped and all work shall cease upon receipt of the Stop Work Order. Expenses incurred to bring the property into compliance with the provisions of this Chapter shall be borne by the City. Any further construction shall thereafter be in accordance with this Title.

D.

The County Building Official, upon receipt of a written request from the City Building Official prior to the expiration period, may grant up to two (2) individual extensions not to exceed thirty (30) days each. In the event the annexation proceedings are not consummated within a total of a one hundred-eighty (180) day period, a request for additional time to complete the annexation may be made to, and approved by, the Board of Supervisors. Such request must be made prior to the expiration period.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

A seasonal and/or efficiency dwelling unit is a structure, or a portion thereof, that is intended to provide sleeping quarters for a period not to exceed one hundred-twenty (120) days in any calendar year, is incidental to a recreational or agricultural use of real property, and the size of which does not exceed five hundred (500) square feet. Provisions for seasonal dwelling units do not apply to any single-family dwelling. The alternate construction standards for a seasonal dwelling unit are as follows:

A.

An individual kitchen need not be provided when a central kitchen is established within three hundred feet (300') of the dwelling. In the event an individual kitchen is provided, it shall be located in a separate area of not less than three feet by five feet (3' x 5') in size and shall contain cooking and food preparation facilities consisting of a properly trapped and vented sink, supplied with hot and cold running water, a receptacle for a refrigerator, and an approved kitchen range or cooking appliance with a local vent.

B.

Bathroom facilities as required for dwellings in Chapter 12 of the 2022 Edition of the California Building Code as herein adopted shall be required except where community facilities are provided meeting dormitory standards.

C.

Individual electrical service shall be in accordance with the actual demand load, but not less than sixty (60) amperes in size. Lighting and convenience outlets are required as follows:

Each refrigerator shall have its own approved electrical outlet (California Code of Regulations 870).

At least one (1) convenience outlet and one (1) supplied electric light fixture shall be maintained in good working order in all habitable rooms (California Code of Regulations 872).

A minimum of three (3) receptacles shall be placed in each dwelling unit.

D.

The above standards for seasonal dwelling units are considered to be an equivalent alternate. All other provisions shall be applicable. In the event the use of this structure is extended beyond said one hundred twenty-day (120-day) period, it shall be reconstructed to comply with all provisions of this Title and the necessary permits secured.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 13-024, § 1(Exh. B), 11-12-2013; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

A historical building is a structure, or a part thereof, that has been declared a Historical Monument by the appropriate local, state, or federal agency. Construction on historical buildings shall comply with the applicable provisions of the 2022 California Historical Building Code, Part 8, Title 24, California Code of Regulations.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 13-024, § 1(Exh. B), 11-12-2013; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

Trailer and recreational vehicle parks and campgrounds.

A.

The construction standards set forth in that portion of the Mobile Home Park Law as provided in Division 13, Parts 2 and 2.1 of the Health and Safety Code as provided in Title 25, Chapter 5 of the California Code of Regulations, is adopted by reference, except areas which are subject to regulation by the Department of Housing and Community Development (HCD) of the State of California.

B.

Failure to correct any hazardous or unsafe condition of a mechanical or electrical installation in an occupied mobile home within forty-eight (48) hours after notice of such condition by the Building Official as provided

in Sections 15.12 and 15.16 constitutes sufficient cause for the Building Official to disconnect the installation. If such service is obtained from a secondary source said source may be disconnected at the direction of the Building Official.

C.

If an accessory structure to a mobile home no longer serves a mobile home use, or if the mobile home is removed, the accessory structure shall be converted to a permitted use or removed.

D.

The provisions of this Section shall be enforceable in the manner provided by Division 13, Part 2.1, of the Health and Safety Code and Title 25, California Code of Regulations, Chapter 5. Any person who willfully violates any of the provisions shall be subject to either or both civil and criminal penalties set forth in Section 18700 of the Health and Safety Code of the State of California.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

Not less than three (3) copies of each Primary Code hereby adopted by reference and each Secondary Code pertaining thereto, all certified to be true copies by the Clerk of the Board of Supervisors, shall be kept in the office of the Building Official and shall be kept there for public inspection while this Title is in force.

A.

The adopted California Building Codes can viewed online at https://www.dgs.ca.gov/BSC/Codes.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

A.

Prior to issuance of a permit for construction of a new residence or occupancy of a mobile home, including those proposed as second residences as defined in County Zoning Ordinance Section 803.15, the owner of the property within an area determined to be water-short as defined in County Zoning Ordinance Section 855-N-1.e shall provide the following evidence of the availability of a water supply:

A water well source shall be provided that is capable of supplying each single residence to be connected to the well the following minimum yield:

a)

Five (5.0) gallons per minute (with no storage requirement), or

b)

One (1.0) gallon per minute with minimum of two thousand (2,000) gallons of storage (storage requirement is in addition to fire-related storage requirements).

The following shall apply to Well Yield Tests for the purpose of demonstrating compliance with the minimum well yield requirement of Section A.1 above.

a)

The Well Yield Test shall be performed under the supervision of a California Certified Engineering Geologist, a California Certified Hydrogeologist, a California Registered Civil Engineer experienced in conducting Hydrogeologic Investigations, California Licensed Water Well Drilling Contractor (C57), or a California Licensed Water Well Pump Contractor (C61/D21). The certification and/or license of the person conducting the test shall be active and in good standing with the appropriate licensing board.

b)

Well Yield Reports shall be submitted and certified on forms provided by the Fresno County Department of Public Works and Planning. It shall be the responsibility of the property owner to obtain the current County test form.

c)

The person who will supervise and certify the Well Yield Test shall notify the Building Official, or other designated County representative, at least forty-eight (48) hours prior to initiation of the test. The Building Official, or other designated County representative, may inspect a Well Yield Test in progress at any time to observe testing methods and results.

d)

The allowable well yield shall be calculated by multiplying well pump test results from Section A.2.f.iii below multiplied by a percentage seasonal adjustment as follows:

Test Period Percentage Minimum Gallons/Minute Multiplier

Jan 1st—May 30th 50% (0.50) 2.0 (2.0 gpm × 0.5 = 1 gpm)

Jun 1st—Aug 31st 75% (0.75) 1.4 (1.4 gpm × 0.75 = 1 gpm)

Sep 1st—Oct 31st 100% (1.00) 1.0 (1.0 gpm × 1.0 = 1 gpm)

Nov 1st—Dec 31st 75% (0.75) 1.4 (1.4 gpm × 0.75 = 1 gpm)

As used in this section A.2.d and subsequent Section hereafter, the term "allowable well yield" shall mean that value which shall be used by the County to determine compliance with the water supply requirements

of subsection A.1 herein.

e)

Pre-Test Requirements. Prior to the start of the test, the static water level in the well must be measured and recorded. The well must not be pumped for at least twenty-four (24) hours prior to the measurement of the static water level. The time and date of last pumping (if applicable), and the time and date of the measurement must also be recorded.

f)

Testing Procedures.

i)

The well must be pumped for a minimum of four (4) hours, and consistent with the time periods specified below, the following minimum total water volume must be removed from the well within a maximum forty- eight (48) hours:

Jan 1st—May 30th 5,760 gallons (2.0 gpm × 2880 min)

Jun 1st—Aug 31st 4,032 gallons (1.4 gpm × 2880 min)

Sep 1st—Oct 31st 2,880 gallons (1.0 gpm × 2880 min)

Nov 1st—Dec 31st 4,032 gallons (1.4 gpm × 2880 min)

Water must be piped a sufficient distance and to a location that precludes recharge to the well being tested. Pump discharge shall be performed and directed in such a manner as to prevent damage to channels and/or property downstream. The property owner for whom the pump test is being performed shall be liable for any and all damages resulting from the test.

ii)

A well test failing to pump the required minimum total yields within the prescribed times shall be deemed as having failed to meet the requirements of subsection A.1 above shall be further evaluated as provided in the following sections.

iii)

Record the average discharge rate over the last sixty minutes of the test. Average discharge shall be calculated by adding the flow rates recorded for the last sixty minutes of the test as specified in subsection A.2.g below, then dividing the total by the number of recorded rates (minimum of four).

iv)

Allowable yield shall be the product of the average discharge rate as determined in subsection A.2.f.iii above multiplied by the seasonality factor in subsection A.2.d above. The allowable yield as herein determined shall equal or exceed the supply requirements given in subsection A.1 above. A yield less than

that prescribed in subsection A.1 above shall be deemed as having failed to meet minimum supply requirements.

g)

Flow Measurements. The flow rate and cumulative yield shall be recorded according to the following schedule:

Start of test to 60 minutes Every 5 minutes

60 minutes to 120 minutes Every 15 minutes

120 minutes to 240 minutes Every 30 minutes

240 minutes to 8 hours Every 1 hour

8 hours until end of test Every 8 hours

Final 2 hours of test Every 15 minutes

h)

Pumping Level Measurements. The pumping level shall be recorded according to the following schedule:

Start of test to 60 minutes Every 5 minutes

60 minutes to 120 minutes Every 15 minutes

120 minutes to 240 minutes Every 30 minutes

240 minutes to 8 hours Every 1 hour

8 hours until end of test Every 8 hours

i)

Post Test Measurement. Recovery measurements shall follow the schedule in Section A.2.h above beginning immediately after shutting off the pump. The well must return to within ninety percent (90%) of the pre-test static water level within the total time of pumping duration but not to exceed twenty-four (24) hours. If the well fails to recover ninety percent (90%) of the pre-test static level within the prescribed time, results of the test will be invalid and further testing will be required. Using the procedure specified herein, a second well yield and recovery test must be run within seven (7) calendar days. If, after the second well yield test the water level recovers to one hundred (100%) of the returned static level recorded after the first pumping test, both tests may be submitted. The results of the second test shall then be used to calculate allowable well yield. If, after the second test, the water fails to return to the prescribed level within the allowable time, the well shall be considered as having failed to meet the water supply requirements of Section A.1 above.

j)

Wells whose yield may be influenced by surface water due to its location and/or which may be influenced by inflow from shallow depths, shall only be tested during the period September 1 through October 31 and only if nearby ephemeral streams and watercourses are dry.

k)

Tests shall be valid for one (1) year from the date of completion.

l)

If use of a well shared by other property owners and/or a well on a nearby property is proposed, that well shall be tested under the requirements of Section II-H(7)d of the Fresno County Improvement Standards, and shall be capable of yielding to each residence to be served by the well a minimum flow as specified in Section A.1 above.

m)

Water systems installed after the effective date of this Ordinance shall incorporate a sounding tube of a size and material specified by the Building Official, or other representative designated by the County.

Appeals. An appeal of the above requirements may be made to the Building Official, or other designated County representative. The appeal shall only be granted upon a finding of special circumstances. Special circumstances may include pre-existing pumping systems installed prior to the effective date of this Ordinance, and domestic systems serving replacement construction of existing residences for purposes of home upgrade or reconstruction following extensive damage following fire, flood, or natural disaster.

B.

Prior to the issuance of a Building Permit on parcels located east of the Friant-Kern Canal or west of Interstate 5, where a sewage system is to be constructed, the Fresno County Local Agency Management Program (LAMP) must be adhered to.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)