§ 11-102. AMENDMENTS TO THE CALIFORNIA BUILDING CODE.  


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  • 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. The Development and Resource Management 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 the Development and Resource Management Department or his/her 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 additional plan review time than contemplated by the fees set forth herein, an additional fee shall be 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 Development and Resource Management Department.

    110.3.8 Other Inspections. The Building Official may at his/her 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 insure 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 his/her sole discretion, waive the requirement of a deposit.

    Section 113 Board of Appeals Note. Note: For additional requirements refer to Section 10-50108 of the Fresno Fire Code as established by the City of Fresno Fire Department.

    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 to the provisions set forth in the Fresno Building Code and other relevant codes.

    d)

    Hear and decide appeals pursuant to the provisions of Section 10-50108 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 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 Section 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 10-51024 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 (13.9 m ) of floor area. An additional 100 square feet (9.3 m ) 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. 2010-49, § 3, eff. 1-16-11; Am. Ord. 2014-1, § 3, eff. 2-24-14; Am. Ord. 2016-44, § 4, eff. 12-29-16; Am. Ord. 2018-58, § 3, eff. 12-16-18).