Fullerton Municipal Code Ch. 14.03 Building Code

(A) The 2025 Edition of the California Building Code, Volumes 1 and 2, and everything contained therein, including Appendices I, J and Q thereto, codified as 24 C.C.R. Part 2, California Building Standards Code, is hereby adopted by reference, in accordance with Cal. Gov’t Code § 50022.2, except those sections that are adopted as amended in this chapter. A copy of the 2025 Edition of the California Building Code is on file in the office of the Fullerton Building and Safety Manager.

(B) All references to "this code" contained in the 2025 Edition of the California Building Code, shall be deemed to refer to this chapter. Each paragraph or section number contained in the 2025 Edition of the California Building Code, not amended by this chapter, shall be deemed to be a subdivision of this chapter. For example, "Section 102" of the 2025 Edition of the California Building Code, shall be deemed to be "Subdivision 102 of § 14.03.010 of the Fullerton Municipal Code," and may be referred to as, "§ 102 of the Fullerton Building Code."

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Section 101.1 of Chapter 1, Division II of the 2025 Edition of the California Building Code, is hereby amended to read as follows:

101.1 Title. These regulations shall be known as the Fullerton Building Code, hereinafter referred to as "this code".

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Section 103.1 of Chapter 1, Division II of the 2025 Edition of the California Building Code, is hereby amended to read as follows:

103.1 Creation of enforcement agency. The City of Fullerton Building Division is hereby created and the official in charge thereof shall be known as the Building and Safety Manager. The function of the division shall be the implementation, administration and enforcement of the provisions of this code.

All references to "building official" contained in the 2025 Edition of the California Building Code, shall be deemed to refer to the Building and Safety Manager.

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Section 105.2 of Chapter 1, Division II of the 2025 Edition of the California Building Code, is hereby amended to read as follows:

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

Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet (11 m2). It is permissible that these structures still be regulated by Part 7, California Wildland-Urban Interface Code, despite exemption from permit.

2. Masonry or concrete fences, other than swimming pool barriers, not over 3 feet (1066.8 mm) in height above lowest adjacent grade, and all other fences, other than swimming pool barriers, not over 6 feet (1,828.8 mm) in height above lowest adjacent grade.

3. Oil derricks.

4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1.

6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

8. Temporary motion picture, television and theater stage sets and scenery.

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.

10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

11. Swings and other playground equipment accessory to detached one- and two-family dwellings.

12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

Electrical:

Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions but do apply to equipment and wiring for a power supply and the installations of towers and antennas.

Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

Gas:

1. Portable heating appliance.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

• 1. Portable heating appliance.
• 2. Portable ventilation equipment.
• 3. Portable cooling unit.

4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any part that does not alter its approval or make it unsafe.

6. Portable evaporative cooler.

7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Section 105.5 of Chapter 1, Division II of the 2025 Edition of the California Building Code, is hereby amended to read as follows:

105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

Time limitation for permit expiration as the result of code enforcement shall be as per notice of violation or as otherwise determined by the Building Official.

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Section 105.8 of Chapter 1, Division II of the 2025 Edition of the California Building Code, is hereby added to read as follows:

105.8 Responsibility of permittee. Building permits shall be presumed by the city to incorporate all work that the applicant, the applicant's agent, employees and/or contractors shall carry out. Said proposed work shall be in accordance with the approved plans and with all requirements of this code and any other laws or regulations applicable thereto. No city approval shall relieve or exonerate any person from the responsibility of complying with the provisions of this code nor shall any vested rights be created for any work performed in violation of this code.

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Section 109 of Chapter 1, Division II of the 2025 Edition of the California Building Code, is hereby amended by adding the following subsections:

109.2.1 Plan Review Fees. When a plan or other data is required to be submitted by Section 107.1, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fee shall be as set forth in the Fee Schedule set by the Community and Economic Development Department.

Where plans are incomplete or changed to require additional plan review, or when the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee shall be charged at a rate established by the Fee Schedule.

109.2.2 Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of final approval of plans shall expire, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Section 113.1 of Chapter 1, Division II of the 2025 Edition of the California Building Code, is hereby amended to read as follows:

Section 113.1 Appeals.

For final interpretation of the provisions of this Code and to hear appeals provided for hereunder, the procedures of Chapter 14.02 of this Code shall govern the filing and hearing of such appeals.

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Section 903.2.8 of Chapter 9 of the 2025 Edition of the California Building Code, is hereby amended by adding the following subsections:

903.2.8.1.1 Existing Group R buildings. An automatic residential fire sprinkler system shall be installed when alterations to an existing building within any two-year period removes floor area or roof area assemblies of more than 50 percent of the existing building. Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system and that do not include alterations within any two-year period involving the removal of floor area or roof area assemblies of more than 50 percent of the total existing floor area of the building.

903.2.8.1.2 Existing Group R buildings in Wildland-Urban Interface Fire Areas. An automatic residential fire sprinkler system shall be installed when alterations to an existing building within any two-year period removes floor area or roof area assemblies of more than 33 percent of the existing building.

Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system and that do not include alterations within any two-year period involving the removal of floor area or roof area assemblies of more than 33 percent of the total existing floor area of the building.

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Table 1505.1 of Chapter 15 of the 2025 Edition of the California Building Code is hereby amended to read as follows.

TABLE 1505.1 a MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Section 1505.1.2 of Chapter 15 of the 2025 Edition of the California Building Code, is hereby amended 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 B.

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Section 1612.3 of Chapter 16 of the 2025 Edition of the California Building Code, is hereby amended to read as follows:

To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled "The Flood Insurance Study for Orange County, California and Incorporated Areas," dated March 21, 2019, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Section 1807.1.6 of Chapter 18 of the 2025 Edition of the California Building Code, is hereby amended to read as follows:

1807.1.6 Prescriptive design of concrete and masonry foundation walls. [OSHPD 1 R, 2 & 5]. Not permitted by OSHPD. Concrete and masonry foundation walls that are laterally supported

at the top and bottom shall be permitted to be designed and constructed in accordance with this section. Prescriptive design of foundation walls shall not be used for structures assigned to Seismic Design Category D, E or F.

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Section 3109.2 of Chapter 31 of the 2025 Edition of the California Building Code, is hereby amended to read as follows:

When a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall have the drowning prevention safety features as required by the amended 2025 Edition of the California Residential Code Appendix CI.

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Section J101.3 of Appendix J of the 2025 Edition of the California Building Code, is hereby added to read as follows:

J101.3 Protection of utilities. The owner and permittee of any property on which grading has been performed and that requires a grading permit under Section J103 shall be responsible for the prevention of damage to any public utilities or services.

If such damage occurs the owner and/or permittee shall be responsible to restore damaged facilities/improvements to pre-existing or better conditions.

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Section J101.4 of Appendix J of the 2025 Edition of the California Building Code, is hereby added to read as follows:

J101.4 Protection of adjacent property. The owner and permittee of any property on which grading has been performed and that requires a grading permit under Section J103 is responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking or other damage that might result. Special precautions approved by the building official shall be made to prevent imported or exported materials from being deposited on the adjacent public way and/or drainage courses.

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Section J101.5 of Appendix J of the 2025 Edition of the California Building Code, is hereby added to read as follows:

J101.5 Storm water control measures. The owner and permittee of any property on which grading has been performed and that requires a grading permit under Section J103 shall put into effect and maintain all precautionary measures necessary to protect adjacent water courses and public or private property from damage by erosion, flooding, and deposition of mud, debris and construction-related pollutants originating from the site during, and after, grading and related construction activities. Furthermore, the owner and permittee shall be responsible for putting into effect and maintaining appropriate measures necessary to prevent any change in cross-lot surface drainage that may adversely affect any adjoining property resulting from grading and/or construction- related activities. Such measures to prevent any adverse cross-lot surface drainage effects on adjoining property shall be required whether shown on approved grading plans or not. No increase of storm water runoff and/or intensity will be permitted in the cross-lot surface drainage application.

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Section J103.1 of Appendix J of the 2025 Edition of the California Building Code, is hereby amended to read as follows:

J103.1 Permits required. Except as exempted in Section J103.2, no grading shall be performed without first having obtained a permit therefor from the City Engineer or Building Official. A grading permit shall be required for all grading operations resulting in the alteration of the existing storm water flow pattern. A grading permit does not include the construction of retaining walls and other structures.

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Section J103.2 of Appendix J of the 2025 Edition of the California Building Code, is hereby amended to read as follows:

J103.2 Exemptions. A grading permit shall not be required for the following:

1. Grading in an isolated, self-contained area, provided there is no danger to the public and that such grading will not adversely affect adjoining properties.

2. Excavation for construction of a structure permitted under this code where the excavation is limited to within the volume of the proposed structure, except when the structure is located on a hillside site. For the purposes of this exemption, a hillside site is one where the existing grade is twenty percent or greater; and which may be adversely affected by drainage and/or stability conditions within or from outside the site, or which may cause an adverse effect on the adjacent property.

• 3. Cemetery graves.
• 4. Refuse disposal sites controlled by other regulations.
• 5. Excavations for wells, or trenches for utilities.

6. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties.

7. Exploratory excavations performed under the direction of a registered design professional. Exploratory excavations must not create a hazardous condition to adjacent properties or the public and must be restored to existing conditions.

8. An excavation that does not exceed 50 cubic yards of soil (38.3 m3) and complies with one of the following conditions:

a. is less than 2 feet (0.6 m) in depth.

b. does not create a cut slope greater than 5 feet (1.5 m) measured vertically upward from the cut surface to the surface of the natural grade and is not steeper than 2 units horizontal to 1 unit vertical (50 percent slope).

9. A fill not intended to support a structure, that does not obstruct a drainage course and complies with one of the following conditions:

a. is less than 1 foot (0.3 m) in depth and is placed on natural terrain with a slope flatter than 5 units horizontal to 1 unit vertical (20 percent slope).

b. is less than 3 feet (0.9 m) in depth at its deepest point measured vertically upward from natural grade to the surface of the fill, does not exceed 50 cubic yards, and creates a fill slope no steeper than 2 units horizontal to 1 unit vertical (50 percent slope).

c. is less than 5 feet (1.5 m) in depth at its deepest point measured vertically upward from natural grade to the surface of the fill, does not exceed 20 cubic yards, and creates a fill slope no steeper than 2 units horizontal to 1 unit vertical (50 percent slope).

Figure J103.2

Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

[Figure]

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Section J104.2 of Appendix J of the 2025 Edition of the California Building Code, is hereby amended by adding the following subsection:

J104.2.1 Grading plan requirements. In addition to the requirements of Section J104.2, an application for a grading permit shall be accompanied by plans that include, but shall not be limited to, the following information:

• 1. General vicinity of the proposed site.
• 2. Soils report stamped and signed by a licensed geotechnical engineer.
• 3. Limits and depths of cut and fill with earthwork quantities calculations.

4. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet (4.6 m) of the proposed grading.

5. Contours, cross-sections, flow areas, elevations, or slopes which define existing and proposed drainage patterns.

6. Storm water control measures.

7. Storm water quality control measures and Best Management Practices (BMP) when applicable.

8. Pre- and post-construction hydrology and hydraulics report when applicable.

9. Location of existing and proposed utilities, drainage facilities, and recorded public and private easements and use restricted use areas.

10. Location of all Special Flood Hazard Areas.

11. Contour and drainage on adjacent properties if the project is a part of a tract and/or a larger area drainage system.

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Section J109.5 of Appendix J of the 2025 Edition of the California Building Code, is hereby added to read as follows:

J109.5 Storm water control measures. An application for a grading permit shall show details of such temporary and permanent de-silting catch basins, drainage, surfacing, slope planting, and other erosion, surface water, and flood control protective devices, installations, and measures to be installed upon such property as are reasonably necessary, based upon the time of year during which the work will be commenced and completed, and upon the maximum rainfall intensity expected under conditions of a 25-year frequency storm, to prevent any damage to any public or private property from any land movement, erosion, surface water, or flooding, or from any deposit, or washing away of any soil, mud silt, rocks, sand or other earth material or debris, by, in, or from, the doing of such work, or which may originate, or come, from the site of such work. Such plans are required to show that all of such protective devices, installations and measures will comply with the Fullerton Building Code.

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Section J110.1 of Appendix J of the 2025 Edition of the California Building Code, is hereby amended to read as follows:

J110.1 General. All fill and cut slopes which are determined by the Building Official to be subject to erosion shall be planted and irrigated with an irrigation system to promote the growth of ground cover plants to protect the slopes against erosion, as required in this section. The owner shall be responsible for planting and maintaining all slopes where such is required in this section. The protection for the slopes shall be installed as soon as practical and prior to calling for final approval. A landscaping and irrigation plan shall be submitted for approval with the grading plan.

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)

Section J112 of Appendix J of the 2025 Edition of the California Building Code, is hereby added to read as follows:

SECTION J112 GRADING PERMIT ISSUANCE

J112.1 General. The provisions of Section J104 are applicable to grading permits. No person shall do or cause or permit to be done, on any property under such person's control, any grading work between the first day of October of any year and the 15th day of April of the following year unless there shall have been first provided on the property to be graded all of the temporary or permanent protective devices, installations, and measures required to be shown on the plans for such work by Section 105, with the exception of such grading work as may be necessary to provide said protection. No person in control of any such required protection shall fail to maintain it in such a condition that it will continue to serve its purpose in the same manner as, or better than, when it was installed. No person shall remove, damage or destroy, or cause or permit to be removed, damaged or destroyed, except for repair, improvement or replacement, any such required protection without a written permit from the Building Official certifying that such protection is no longer reasonably needed.

J112.2 Performance Bond. A grading permit shall not be issued for work which, if not completed in accordance with the approved plans and specifications, is likely to result in a hazardous condition, unless the permittee shall first file with the Building Official an agreement in writing executed by the applicant together with a performance bond in an amount sufficient to cover the cost of storm protection devices and corrective work necessary to remove and eliminate all hazards.

J112.3 Liability Bond. Where the work referred to in Section J112.2, above, may expose adjacent private or public property to damage or cause injuries or death to others, the agreement and performance bond shall be accompanied by a certificate of insurance, verifying Comprehensive General Liability Policy with minimum combined single limits of $500,000 per occurrence or insured's current limits, whichever is greater. The City of Fullerton shall be endorsed as an additional insured on the policy and said policy shall not be materially changed or terminated without a minimum of thirty (30) days' notice in writing to the City.

J112.4 Cash Deposit. Where the grading permit approves the export of excess material away from the site of grading, or approves the import of material to the site, the Permittee, in addition to compliance with Sections J113.2 and J113.3, above, shall, prior to grading permit issuance, obtain in written form from the Director of Public Works, a permit for such export or import, which permit shall:

1. Set standards and criteria for the hours of operation, routes to be taken, and traffic control, detour, and safety measures to be undertaken during the export or import operations;

2. Require the Permittee to clean up and remove all spillage or deposits of dirt, mud, silt, or other materials or debris resulting from the grading and export or import;

3. Require as a guarantee of said cleanup and repair of any City right-of-way improvement damaged during grading or hauling, the deposit of a cash bond, in an amount equal to $500 or 5% of the valuation of the export and/or import yardage. The amount required for this bond may be adjusted as deemed necessary by the Director of Community Economic Development or the Director of Engineering. All or any part of said amount may be used by the City to clean up or repair City streets and easements should the Permittee fail to do as required above. This cash deposit, less any City expenses and costs, shall be returned to the Permittee upon satisfactory completion of the grading work described on the grading permit, together with the City's release of any bonds or securities held therefor.

J112.5 Form. Such agreement performance bond, liability bond or certificate of insurance, and export/import permit and cash bond shall be in a form, and executed in a manner, approved by the City Attorney before acceptance thereof by the Building Official.

J112.6 Review. All proposed grading shall be reviewed by the Director of Community and Economic Development, Planning Commission, and/or City Council, as applicable for conformance with the intent and specific requirements of this Section. Unless specifically waived by the Planning Commission or City Council because of specific physical constraints or unaesthetic results,

failure to suitably conform to the intent or requirements of this Section shall be cause for denial of the proposed grading or of the proposed project of which the proposed grading is a part. Notwithstanding any other provision of this Chapter, any such denial by the Director of Community and Economic Development is appealable to the Planning Commission, and any such decision of the Planning Commission is appealable to City Council. The decision of City Council shall be final and shall make reference to Sections 1094.5 and 1094.6 of the California Code of Civil Procedure.

J112.7 Contoured Grading.

J112.7.1 Definition.

Contour or landform grading utilizes variable slopes designed to simulate the appearance of and blend into the surrounding natural terrain.

J112.7.2 Purpose. This Section preserves the natural terrain, quality, environment and aesthetic character of the City, while encouraging creative innovative and safe residential development with a variety of housing types. This section applies to hillside grading where the City desires that new grading and construction blend into the existing hillside environment.

J112.7.3 Design Objectives. In hillside areas characterized by steep topography and wildlife habitat, slopes shall be landform graded. Said landform grading shall utilize individually designed, creative and innovative techniques to as nearly as possible simulate natural landforms, including variable horizontal and vertical slope ratios, contour grading, planter pockets, "swale" and "knob" landforms, extensively rounded "corners", "blending" with the natural terrain where applicable, undulating (both vertically and horizontally) terraces where applicable, and camouflaged down drains. Innovative land planning, such as single-loaded streets with split level or "upside down" housing is also encouraged.

(Ord. 3316, passed - -2022; Ord. 3348, passed - -2025)