Fresno Municipal Code Art. 1 California Building, Residential, Electrical, Mechanical, Plumbing, And…

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Editor's note— Ord. 2010-49, §§ 2 and 3, effective January 16, 2011, amended the Code by repealing former Art. 1, §§ 11-101—11-109, and adding a new Art. 1. Former Art. 1 pertained to building, mechanical, plumbing, electrical and energy regulations, and derived from Ord. 2007-92, effective January 17, 2008; and Ord. 2008-53, adopted October 9, 2008. Subsequently, Ord. 2025-040, §§ 3, 4, adopted September 25, 2025, and effective October 31, 2025, repealed the former Art. 1, §§ 11-101—11-109, and enacted a new Art. 1, §§ 11-101—11-109 as set out herein. Art. 1, §§ 11-110—11-113 were unaffected by Ord. 2025-040. The former Art. 1, §§ 11-101—11-109 pertained to similar subject matter and derived from Added Ord. 2010-49, § 3, adopted January 16, 2011; Am. Ord. 2014-1, § 3, adopted February 24, 2014; Added Ord. 2016-25, § 2, adopted September 26, 2016; Am. Ord. 2016-44, § 4, adopted December 29, 2016; Am. Ord. 2018-58, § 3, adopted December 16, 2018; Am. Ord. 2019-042, §§ 3, 4, adopted December 21, 2019; Am. Ord. 2020-018, § 3, adopted July 16, 2020; Am. Ord. 2022-034, §§ 3, 4, effective December 10, 2022.

The California Building Code, 2025 Edition, which may be referred to in this Code as the CBC, as promulgated by the California Building Standards Commission, which incorporates the adoption of the 2024 edition of the of the International Building Code as amended with necessary California amendments and the 2024 International Building Code of the International Code Council, with the exception of Appendix B, are adopted and incorporated by reference into the Municipal Code and shall be referred to, along with the City's amendments to the CBC provided in section 11-102, as the Fresno Building Code. One copy of the CBC is on file and available for use by the public in [the] Planning and Development Department, Building and Safety Services Division.

(Added Ord. 2025-040, § 4, eff. 10-31-25).

Pursuant to Health and Safety Code sections 17958.7 and 18941.5, and section 1.1.8 of the CBC, the following provisions shall constitute local agency amendments to the CBC. The following provisions shall be inserted into the CBC based upon the chapter headings, appendices (if applicable) and section numbers indicated. If the section number is the same number as a number used in the CBC, the provision provided below is intended to replace the same numbered provision in the CBC.

CBC Chapter 1

103.1 Creation of the Enforcement Agency. Planning and Development Department of the City of Fresno is hereby established in the City of Fresno as the appropriate code enforcement agency that shall be under the administrative and operational control of the Department Director.

104.1 General. The Director of Planning and Development Department or designee shall act on behalf of the City of Fresno as "Building Official." The Building Official is hereby authorized and directed to enforce all provisions of this code. The Building Official shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations in order to clarify the application of the code provisions.

109.2 Schedule of Fees. All fees assessed in accordance with the provisions of the Fresno Building Code shall be set forth in the City of Fresno Master Fee Resolution.

109.5 Related Fees. Where plans are of such complexity, incomplete, or are changed so as to require plan review time beyond what was contemplated by the fees set forth herein, an additional fee shall be charged in accordance with the special services request provision under the Master Fee Resolution with the following exception:

a) For commercial plans with multiple buildings of identical building footprints and floor plans, the plan review fee shall be as determined by the Building Official. The fee shall be based upon circumstances pertaining to the specific application and shall be designed to recover reasonable costs of the Planning and Development Department.

110.3.8 Other Inspections. The Building Official may, at their discretion, require inspections of differing trades to be combined in proper chronological order consistent with construction practices to facilitate the use of combination inspection assignments.

112.1 Connection of Service Utilities. Utility connections shall not be permitted until compliance with the provisions of the Fresno Municipal Code as set herein. Electrical Meter: Electrical meters shall be required to be in place and operational prior to final electrical inspection to facilitate testing and acceptance of the entire system. Installation of devices, fixtures, and wiring shall be completed and in working order for testing purposes.

112.2.1 Construction Utilities. The Building Official may permit use of utilities for the purpose of construction provided no potential hazards to life or property are created and compliance with Article 590, CEC (Electrical) or section 1208.0 CPC (Gas) is satisfied.

112.2 Temporary Power. The Building Official may permit use of utilities for temporary occupancy of a building or structure when circumstances exist to justify the issuance of a Temporary Certificate under Chapter 1 section 111.3 of the CBC, and the owner enters into a security agreement with the City of Fresno, in a form approved by the Building Official, to ensure completion of the required improvements. In addition, a deposit to secure such performance shall be made with the City of Fresno in an amount determined by the Building Official. The Building Official may, in its sole discretion, waive the requirement of a deposit.

Section 113 Board of Appeals Note. Note: For additional requirements refer to Article 5 - APPEALS.

113.1. General. In order to hear and decide appeals of orders, decisions or determinations by the Building Official relative to the application and interpretation of the Fresno Building Code, there shall be and is hereby created a board of appeals (hereafter referred to as the "Building Standards Appeals Board") consisting of members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the City of Fresno. The Building Standards Appeals Board shall perform the following appeal duties:

a) Determine the suitability of alternate materials, engineering designs, methods of construction and equipment.

b) Provide reasonable interpretations of the provisions of the Fresno Building Code and other relevant codes.

c) Hear and decide appeals from the orders of the Building Officials directing the vacation, repair, rehabilitation or demolition of dangerous buildings under the provisions of Chapter 11, Article 3 of the Fresno Municipal Code as applicable to compliance with the provisions set forth in the Fresno Building Code and other relevant codes.

d) Hear and decide appeals pursuant to the provisions of section 10-50111 of the Fresno Municipal Code.

e) Hear and decide appeals from orders of the Building Official directing the vacation, repair, rehabilitation or demolition of substandard buildings under the provisions of Chapter 11, Article 4 of the Fresno Municipal Code as applicable to compliance to the provisions set forth in the Fresno Building Code and other relevant codes.

The Building Official shall serve as an ex officio member of and shall act as secretary to said Board but shall have no vote on any matter before the Board. The Building Standards Appeals Board members shall be appointed by the Mayor and shall hold office at the pleasure of the Mayor.

The Building Standards Appeals 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 Building Official.

113.2.1 Limitations of Authority. The Building Standards Appeals Board shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.

114.4.1 Violations. The person, firm, or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor.

CBC Chapter 9 Fire Protection Systems Note.

Note: For additional requirements refer to Fresno Fire Code as established by the City of Fresno Fire Department.

CBC Chapter 10

Section 1024 Luminous Egress Path Markings Note.

Note: For additional requirements refer to section 10-51025.6 of the Fresno Fire Code as established by the City of Fresno Fire Department.

CBC Chapter 12

[1208.4] Efficiency dwelling units shall comply with the following:

1. The unit shall have a living room of not less than 150 square feet (13.9m 2 ) of floor area. An additional 100 square feet (9.3m 2 ) of floor area shall be provided for each occupant of such unit in excess of two.

2. The unit shall be provided with a separate closet.

3. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.

4. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.

(Added Ord. 2025-040, § 4, eff. 10-31-25).

The California Residential Code, 2025 Edition, which may be referred to in this Code as the CRC, as promulgated by the California Building Standards Commission, which incorporates the adoption of the 2024 edition of the of the International Residential Code as amended with necessary California amendments and the 2024 International Residential Code of the International Code Council, is adopted and incorporated by reference into the Fresno Building Code, except that in addition to Chapter 1 of the CRC, Chapter 1 of the Fresno Building Code shall apply to the administration of the CRC. The CRC, incorporated into the Code, shall be referred to as the Fresno Residential Code. For purposes of administering the Fresno Residential Code, all references in Chapter 1 of the Fresno Building Code to the "building code" or "code" shall mean and include the Fresno Residential Code. Where provisions of Chapter 1 of the Fresno Building Code overlap with provisions of Chapter 1 of the Fresno Residential Code, the Fresno Building Code controls. One copy of the CRC is on file and available for use by the public in Planning and Development Department, Building and Safety Services Division.

(Added Ord. 2025-040, § 4, eff. 10-31-25).

The California Electrical Code, 2025 Edition, which may be referred to in the Code as the CEC, as promulgated by the California Building Standards Commission, which incorporates the adoption of the 2023 Edition of the National Electrical Code as amended with necessary California amendments and the 2023 National Electrical Code of the National Fire Protection Association, is hereby adopted by the City of Fresno and incorporated by reference into the Fresno Building Code, except that Chapter 1 of the Fresno Building Code in addition to Article 89 of the California Electrical Code shall apply to the administration of the CEC. The CEC, incorporated into the Fresno Building Code, shall be referred to as the Fresno Electrical Code. For purposes of administering the Fresno Electrical Code, all references in Chapter 1 of the Fresno Building Code to the "building code" or "code" shall mean and include the Fresno Electrical Code. Where provisions of Chapter 1 of the Fresno Building Code overlap with provisions of Article 89 of the Fresno Electrical Code, the Fresno Building Code shall control. One copy of the CEC is on file and available for use by the public in the Planning and Development Department, Building and Safety Services Division.

(Added Ord. 2025-040, § 4, eff. 10-31-25).

The California Mechanical Code, 2025 Edition, which may be referred to in the Code as the CMC, as promulgated by the California Building Standards Commission, which incorporates the adoption of the 2024 edition of the Uniform Mechanical Code as amended with necessary California amendments and the 2024 Uniform Mechanical Code of the International Association of Plumbing and Mechanical Officials, is hereby adopted by the City of Fresno and incorporated by reference into the Fresno Building Code, except that in addition to Chapter 1 of the CMC, Chapter 1 of the Fresno Building Code shall apply to the administration of the CMC. The CMC, incorporated into the Code, along with amendments to the CMC adopted in section 11-106, shall be referred to as the Fresno Mechanical Code. For purposes of administering the Fresno Mechanical Code, all references in Chapter 1 of the Fresno Building Code to the "building code" or "code" shall mean and include the Fresno Mechanical Code. Where provisions of Chapter 1 of the Fresno Building Code overlap with provisions of Chapter 1 of the Fresno Mechanical Code, the Fresno Building Code controls. One copy of the CMC is on file and available for use by the public in Planning and Development Department, Building and Safety Services Division.

(Added Ord. 2025-040, § 4, eff. 10-31-25).

Pursuant to Health and Safety Code sections 17958.7 and 18941.5 and section 1.1.8 of the CMC, the following provisions shall constitute local agency amendments to the CMC. The following provisions shall be inserted into the CMC based upon the section numbers indicated. If the section number used is the same as a number used in the CMC, the provision provided below is intended to replace the same numbered provision in the CMC.

CMC Chapter 9

936.0 Wood-Burning Appliances

936.1 Definitions. Whenever the following terms are used in section 933, they shall have the following meanings:

a) EPA shall mean the United States Environmental Protection Agency.

b) EPA CERTIFIED WOOD HEATER shall mean any wood heater that meets or exceeds combustion emissions standards set forth in the Code of Federal Regulations, Title 40, Part 60, 26 February 1988.

c) FIREPLACE shall mean any masonry or factory-built device to burn wood, composition fire logs, or other solid fuel, with or without a gas log or log lighter, which may have a firebox in excess of 20 cubic feet, which may weigh in excess of 800 kilograms, and which is not a pellet-fueled wood stove.

d) FIREPLACE INSERT shall mean a type of wood heater which is designed to be installed in the opening of a wood-burning fireplace and is connected to the chimney.

e) NEW CONSTRUCTION shall mean any construction or reconstruction or remodeling of any structure requiring the issuance of a building permit by the City of Fresno.

f) PELLET-FUELED WOOD STOVE shall mean any commercially manufactured enclosed combustion appliance that is designed to operate on automatically fed pelletized wood fuel and has a usable firebox volume of less than 20 cubic feet.

g) MANUFACTURED FIREPLACE shall mean any fireplace that is of unitary commercial manufacture and is not synthesized on-site of masonry construction components.

h) "State Environmental Quality Standards" shall mean the performance and emission standards established by the California Air Resources Board (CARB), the California Environmental Protection Agency (CalEPA), and the California Code of Regulations, including but not limited to Title 17 and Title 22, as applicable.

i) WOOD-BURNING APPLIANCE shall mean any device that is designed or used to burn wood, composition wood pellets, or composition fire logs for aesthetic, space heating, cooking, and/or water heating purposes within a structure: to include fireplaces, pellet-fueled wood stoves, and wood heaters.

j) WOOD HEATER shall mean a commercially-manufactured, enclosed wood-burning appliance that meets all the following criteria:

1. A usable firebox volume of less than 20 cubic feet; and

2. A maximum weight less than 800 kilograms, exclusive or chimney and other accessory devices that are not an integral part of the appliance; and

3. A combustion air-to-fuel consumption ratio which averages less than 35-to-1, as determined by EPA certification test procedures set forth in Code of Federal Regulations, Title 40, Part 60, 26 February 1988; and

4. A minimum burn rate with less than five kilograms per hour fuel consumption, as determined by EPA certification test procedures set forth in Code of Federal Regulations, Title 40, Part 60, 26 February 1988.

936.1.1 All Wood-Burning Appliances Prohibited in New Construction. Notwithstanding any other provision in the Fresno Municipal Code, no wood-burning appliance, as defined herein, shall be installed in any new construction. This section shall not apply to any residential structure or dwelling unit having a lawfully installed wood-burning appliance in place as of the effective date of this ordinance.

936.2 Installation of Wood-Burning Appliances not permitted in Higher Density Residential Developments. Permits shall not be issued for wood-burning appliances to be installed in dwelling units of residential projects that have densities of more than 10.37 dwelling units per gross acre. However, one wood-burning appliance may be constructed or installed in each common-use recreation facility in these developments.

936.3 Wood-Burning Appliances Require Air Pollution Emissions Certification. Permits shall be issued only for replacement of existing wood burning appliances lawfully installed prior to the effective date of this ordinance and be issued only for those wood-burning appliances certified by the U.S. Environmental Protection Agency (EPA) as meeting the EPA Phase I or Phase II emissions standards: or meeting equivalent State of Oregon Department of Environmental Quality Standards. Effective March 1, 1991, all wood-burning appliances to be installed must be EPA-certified as at least meeting Phase II emissions standards. A permit shall only be issued for installation of a wood-burning appliance when adequate EPA-approved documentation is provided to demonstrate that the wood-burning appliance or fireplace stove model being installed has the appropriate emissions certification.

EXCEPTION: Those pellet-fueled wood stoves not affected by EPA's testing program under Code of Federal Regulations Title 40, Part 60, Subpart AAA may be approved if independent, approved, nationally-recognized testing laboratory documentation demonstrates that the stove emits less than 4.1 grams per hour of particulate matter.

936.4. Coal-Burning Appliances Prohibited. No permit shall be issued to install any fireplace or domestic heating or cooking appliance that is designed and intended to use coal as combustion fuel.

936.5. Installation of Wood-Burning Appliances Without Permits. Wood-burning appliances found to be installed on or after November 30, 1990, without required permit(s) shall be cause for an inspection/investigation fee to be charged to the property owner, pursuant to the Master Fee Resolution, and the issuance of a notice to abate (required permits secured, all work completed, and permit final inspection done) within 60 days of owner's receipt of the notice, 75% of the inspection/investigation fee shall be rebated.

If permit(s) were secured to abate the illegal installation prior to discovery of the illegal installation by the City, no notice shall be issued nor inspection/investigation fee incurred provided that the permit(s) are finalized within 90 days of the permit issuance date.

(Added Ord. 2025-040, § 4, eff. 10-31-25).

The California Plumbing Code, 2025 Edition, which may be referred to in the Code as the CPC, as promulgated by the California Building Standards Commission, which incorporates the adoption of the 2024 edition of the Uniform Plumbing Code as amended with necessary California amendments and the 2024 Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials, is hereby adopted by the City of Fresno and incorporated by reference into the Fresno Building Code, except that in addition to Chapter 1 of the CPC, Chapter 1 of the Fresno Building Code shall apply to the administration of the CPC. The CPC, incorporated into the Code, shall be referred to as the Fresno Plumbing Code. For purposes of administering the Fresno Plumbing Code, all references in Chapter 1 of the Fresno Building Code to the "building code" or "code" shall mean and include the Fresno Plumbing Code. Where provisions of Chapter 1 of the Fresno Building Code overlap with provisions of Chapter 1 of the Fresno Plumbing Code, the Fresno Building Code controls. One copy of the CPC is on file and available for use by the public in Planning and Development Department, Building and Safety Services Division.

(Added Ord. 2025-040, § 4, eff. 10-31-25).

Pursuant to Health and Safety Code sections 17958.7 and 18941.5, and section 1.1.8 of the CPC, the following provisions shall constitute local agency amendments to the CPC. The following provisions shall be inserted into the CPC based upon the section numbers indicated. If the section number used is the same as a number used in the CPC, the provision provided below is intended to replace the same numbered provision in the CPC.

CPC Chapter 6

604.0 Materials

604.1 Pipe, Tube, and Fittings. The third paragraph of section 604.1 of the California Plumbing Code is hereby deleted in its entirety and amended to read:

Materials for building water piping and building supply piping shall be in accordance with the applicable standards referenced in Table 604.1. Galvanized malleable iron, galvanized wrought iron or galvanized steel are prohibited materials for use both underground and in buildings.

(Added Ord. 2025-040, § 4, eff. 10-31-25).

The California Energy Code, 2025 Edition as promulgated by the California Building Standards Commission is hereby adopted by the City of Fresno and incorporated into the Fresno Building Code and shall be referred to as the Fresno Energy Code. One copy of the California Energy Code is on file and available for use by the public in Planning and Development Department, Building and Safety Services Division.

(Added Ord. 2025-040, § 4, eff. 10-31-25).

The California Green Building Standards Code, 2025 Edition, which may be referred to in the Code as CALGreen, as promulgated by the California Building Standards Commission, is hereby adopted by the City of Fresno and incorporated into the Fresno Building Code and shall be referred to as the Fresno CALGreen Code. One copy of the California Green Building Standards Code is on file and available for use by the public in Planning and Development Department, Building and Safety Services Division.

(Added Ord. 2025-040, § 4, eff. 10-31-25).

(a) Purpose and Intent. The purpose of this section is to provide affordable, accessible housing by incorporating universal design features in any City or Agency funded Affordable Housing Projects. Universal design recognizes the changing diversity of needs important to all people regardless of various ages, abilities or conditions experienced during an entire lifetime. In order to increase the availability of affordable, accessible housing, the City and Agency require that all City and Agency funded Affordable Housing Projects include the standards of universal design contained in this section.

(b) Findings.

(1) The City finds that the Building Official has determined that the provisions of this article related to the five features of universal design are consistent with the California Building Code and the provisions of the Fresno Municipal Code adopting the California Building Code.

(2) This ordinance shall not apply to any residential dwelling unit subject to and in compliance with Chapter 11A or 1 IB of the California Building Code.

(3) The City finds that the regulations imposed by this section are reasonably necessary in this jurisdiction because:

(i) According to the 2000 Census data, 85,048 or 20% of City residents are classified as disabled. The 2000 Census also indicates 39,547 or 9% of City's residents are 65 years and older. These statistics do not take into consideration the returning veteran population or people who become temporarily disabled. These statistics also do not take into account people who become temporarily disabled due to injuries or illness.

(ii) According to the State of California Architect, universal design is a broader, more comprehensive "design for all" approach to the development of products, architecture and environments around human diversity. Universal design recognizes the changing diversity of needs important to all people regardless of their age, ability or conditions experienced during an entire lifetime. Anyone can benefit from a barrier-free design, user friendly architecture and a comfortable environment.

(c) Definitions. For the purpose of this section, the following terms will have the following definitions:

(1) "Accessible:" Standards for features, fixtures, designs or other improvements which are equal to or exceed the minimum requirements of Chapter 11A or 1 IB of the California Building Code.

(2) "Affordable:" Any residential dwelling unit that has an Affordable Housing Cost or Affordable Rent.

(3) "Affordable Housing Cost:" Shall have the meaning ascribed to that term in Section 50052.5 of the California Health and Safety Code, or any successor section thereto.

(4) "Affordable Housing Project:" An affordable residential dwelling development activity receiving City or Agency funds, including funding made available for pre-development, development, construction and permanent financing and not including rehabilitation, funding for social services, and direct mortgage assistance to homebuyers of existing units.

(5) "Affordable Rent:" Shall have the meaning ascribed to that term in Section 50053(a) of the California Health and Safely Code, or any successor section thereto.

(6) "Agency:" The City of Fresno Redevelopment Agency.

(7) "ANSI Standard:" "American National Standard for Buildings and Facilities Providing Accessibility and Usability for Physically Handicapped People," also known as "ANSI Al 17.1," published by the American Standards Institute, Inc.

(8) "Bathroom:" A room containing a toilet (water closet), lavatory (sink), and either a shower, bathtub, combination bathtub and shower, or both a shower and bathtub. It includes a compartmental bathroom in which the fixtures are distributed among interconnected rooms.

(9) "Building Department:" As defined by the California Building Code.

(10) "Building Official:" As defined by the California Building Code.

(11) "CBC, Chapter 11 A:" Chapter 11A of the California Building Code (located in Part 2, Title 24, California Code of Regulations) or its successor provisions.

(12) "CBC, Chapter 11 B:" Chapter 11 B of the California Building Code (located in Part 2, Title 24, California Code of Regulations).

(13) "City:" The City of Fresno.

(14) "City Agency Funded or Financial Assistance:" Any City or Agency financial assistance, provided to an affordable housing project that includes redevelopment agency funds, affordable housing special reserve funds, HOME funds or Community Development Block Grant Funds.

(15) "Condominium:" As defined by California Civil Code Section 951 (f) a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded, final map or parcel map. There are within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support.

(16) "Dwelling Units:" As defined by the California Building Code.

(17) "New Construction:" All new, residential construction for which a building permit is required per local ordinance. New construction does not include additions, alteration, or remodels to existing residential buildings.

(18) "Owner-occupied:" Any dwelling unit not intended at the time of application for the building permit to be occupied as a rental dwelling unit.

(19) "Powder Room:" A room containing a toilet (water closet) and lavatory (sink), but no bathtub or shower. It includes a compartmental powder room in which fixtures are distributed among interconnected rooms.

(20) "Primary Entry:" The principal entrance through which most people enter a building or dwelling unit as designated by the Building Official.

(21) "Rental:" Any dwelling unit not intended at the time of the application for a building permit to be occupied by the owner.

(22) "Residential Dwelling:" Shall mean the same as the term Residence as defined in the Fresno Municipal Code.

(23) "Universal Design:" Universal Design is a broader, more comprehensive "design for all" approach to the development of products, architecture, and environments around human diversity. Universal Design is a broad comprehensive house design that makes a home safe and comfortable for everyone, young or old, whether they have a disability or not. The basic features of Universal Design are set forth in subsection (e), of this section.

(24) "Visitability:" Enhancement of the ability of a residential dwelling unit to meet the basic needs of all residents and guests to enter and use critical portions the home, to the greatest extent possible, through specific design choices decisions.

(d) Scope and Application.

(1) Unit Coverage. All new construction of affordable residential dwelling units that receive any City/Agency Funding as defined above shall incorporate the live basic features of Universal Design unless exempted within this section.

(2) Unit Types. New construction of all affordable residential dwelling units that are part of a tract, duplex or triplex, condominium, townhouse or other residential dwellings that receive City or Agency funding shall be subject to this section unless exempted within this section.

(3) An exemption may be granted in the event of either of the following:

(i) The applicant for the building permit can demonstrate undue hardship due to topographical conditions, reconstruction and substantial rehabilitation due to natural disasters.

(ii) Multi-dwelling second story and above units where elevator does not exist.

(4) The Building Official of the City of Fresno, may consider alternate means and methods as provided under the Building Codes of the State of California in order to provide conformance where needed on a case by case basis.

(e) Standards.

(1) An affordable residential dwelling unit shall have one entry that shall comply with each of the following:

(i) Must be a "no step" entry going into the residence. For purposes of this subsection, "no step" shall mean the floor or landing shall be no more than ½ inch lower than the top of the threshold of the door way.

(ii) The door going into the no step entry must be thirty-six (36) inches.

(2) The interior routes of an affordable residential dwelling unit shall comply with each of the following:

(i) At least one accessible route through the hallways and passageways shall be provided from the accessible entrance of the dwelling unit to the primary floor bathroom, bedroom and kitchen;

(ii) All doorways shall be at least thirty-two inches wide;

(iii) All hallways shall be at least forty-two inches wide.

(3) An affordable residential dwelling unit shall contain a kitchen with six square feet of kitchen counter space.

(4) An affordable residential dwelling unit with a ground floor of 750 square feet or more, excluding the garage floor space, shall contain ground floor facilities that comply with each of the following:

(i) One downstairs "flex room" which can be used as a bedroom.

(ii) At least one downstairs bathroom that consists of a toilet, lavatory, and bathtub or shower, or both.

(iii) The downstairs bathroom in the preceding paragraph shall have an unobstructed clear space measuring at least forty-eight inches by sixty inches inside the bathroom and outside the swing of the door.

(iv) Grab bar reinforcements consistent with CBC Chapter 11A for the toilet, and any shower or bath.

(Added Ord. 2010-49, § 3, eff. 1-16-11).

(a) Definitions. The following words and phrases as used in this section are defined as follows:

(1) "Electronic Submittal" means the utilization of one or more of the following:

(i) Fax;

(ii) E-mail;

(iii) Internet.

(2) "Small Residential Rooftop Solar Energy System" means:

(i) A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.

(ii) A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

(iii) A solar energy system that is installed on a single or duplex family dwelling.

(iv) A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.

(3) "Expedited Solar Permitting Process" shall mean an application for a permit with a processing timeline not to exceed 3 days.

(b) Permit Application Process. Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for Small Residential Rooftop Solar Energy Systems.

The following procedures outline the application process for Small Residential Rooftop Solar Energy Systems:

(1) Permit applications shall be submitted at the building permit counter. With respect to Electronic Submittals, applications may be filed by the defined methods that are available at the time as provided by the City permitting system.

(2) An Eligibility Checklist for Expedited Solar Photovoltaic Permitting shall be completed by the applicant to determine if the proposed project qualifies for the expedited process.

(3) Processing times shall be dependent on the number of applications provided at the time of submittal. Reasonable time to process large volumes of permit applications from an individual applicant shall be allowed.

(c) Inspections. For a Small Residential Rooftop Solar Energy System eligible for expedited review, only one inspection shall be required and may include a consolidated inspection. If a Small Residential Rooftop Solar Energy System fails the inspection, a subsequent inspection(s) is authorized, however the subsequent inspection(s) need not conform to the requirement of this subdivision.

(Added Ord. 2015-26, § 1, eff. 9-28-15)

The updated Model Water Efficient Landscape Ordinance, Sections 490-495, Chapter 2.7, Division 2, Title 23 in the California Code of Regulations, which may be referred to in this Code as the MWELO, as promulgated by the California Department of Water Resources, as may be amended, is hereby adopted and incorporated by reference into the Code. One copy of the MWELO is on file and available for use by the public in the Development and Resource Management Department, Building and Safety Services Division.

(Added Ord. 2015-37, § 2, eff. 1-2-16)

(a) DEFINITIONS. The following words and phrases as used in this section are defined as follows:

(1) "Electronic submittal" means the utilization of the City's online portal or the Internet.

(2) "Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electric Code, as it reads on January 1, 2016, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

(3) "Specific, adverse impact" means a significant, quantifiable, direct, or unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(b) PERMIT APPLICATION PROCESS. Section 65850.7 of the California Government Code provides that every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for Electric Vehicle Charging Stations.

(1) This section applies to the permitting of all electric vehicle charging stations in the City.

(2) All electric vehicle charging stations legally established or permitted prior to the effective date of this ordinance shall not require a permit issued under this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging station. Routine operations and maintenance or like-kind replacements of the components of an electric vehicle charging state shall not be considered a material change.

(c) REQUIREMENTS.

(1) All electric vehicle charging stations shall meet all applicable health and safety standards and requirements, including but not limited to any requirements imposed by the state and the City, local fire department and utility director, the California Building Code, Fresno Municipal Code, and Federal laws including the Americans with Disabilities Act.

(2) Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electric Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and the accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(d) APPLICATIONS.

(1) All documents required for submission of an electric vehicle charging station application shall be made available on the City's website.

(2) An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

(3) The Building and Safety Services Division shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review.

(4) The Building and Safety Services Division may refer to the recommendations contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist of the Zero-Emission Vehicles in California: Community Readiness Guidebook published by the Governor's Office of Planning and Research, when adopting the electric vehicle charging station permit process and checklist. The checklist will be made available on the City's website.

(e) REVIEW.

(1) The Building Official shall implement an administrative review process to expedite approval of electric vehicle charging stations. Review of a complete permit application shall be limited to the Building Official's review of whether it meets all health and safety requirements of local, state and federal law. Local law requirements shall be limited to those standards and regulations necessary to ensure there is no specific, adverse impact on public health or safety by the proposed installation. For direct current fast chargers (DCFC), the review of a complete permit application will be a fifteen business day timeline.

(2) A permit application that satisfies the information requirements in the checklist, as adopted by the City, shall be deemed complete.

(3) A complete permit application and proposed installation that meets the required standards and approved checklist that does not have a specific, adverse impact on public health or safety shall be not be denied.

(4) An applicant that provides an incomplete permit application shall be provided with a written correction notice detailing all deficiencies in the application and any information required to be eligible for expedited permit issuance.

(5) The Building Official may require an applicant to apply for a conditional use permit if the official makes a written finding, based on substantial evidence, that the proposed electric vehicle charging station could have a specific, adverse impact upon the public health or safety and conditions are necessary. The decision of the Building Official may be appealed to the City Planning Commission in accordance with the procedures of Section 15-5017.

(6) The Director may not deny an application for a conditional use permit unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The Director's written findings shall include the basis for the rejection of potential feasible alternatives or conditions for preventing the adverse impact. The decision of the Director may be appealed to the City Planning Commission in accordance with the procedures of Section 15-5017.

(7) Any conditions imposed on an application shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. Government Code Section 65850.7 requires that the Building Official shall not condition the approval for any conditional use permit on the approval of such a system by an association, as that term is defined by Civil Code 4080.

(8) A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit.

(Added Ord. 2019-016, § 1, eff. 8-7-19).