Agenda, first session — Fairfield City Council, November 18, 2025 (part 6 of 6)

Name(s) of Grantee(s)
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EXHIBIT B
Homekey+ Program (Homekey+)
NOFA Date: 11/26/2024; as amended 01/31/2025; 08/07/2025 Project Name:

Approved Date: 09/24/2025
Prep. Date: XX-XX-XXXX

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Budget Detail
The Award set forth in this Agreement has been made available to expend toward the Homekey+ Eligible Uses per the terms set forth herein. The Department has approved the additional funding commitments leveraged against the Homekey site as named in Exhibit E, Budget Detail. Any new sources encumbered against the project site after the execution of this agreement must receive prior written approval by HCD and must, upon recordation, subordinate to the Homekey+ use restriction. Encumbrance of unapproved sources against the Homekey+ site and securing of any sources in a lien position superseding Homekey+ will constitute a breach of the Standard Agreement.

2. Conditions of Disbursement
For all project types, except New Construction Cost Containment (Section 501 of the NOFA) the Department will disburse the amount corresponding to the Grantee’s request for funds after this Agreement has been fully executed and after the Department receives the Grantee’s request for funds, with all required supporting documents appended thereto.
[HCD to delete this Paragraph if this is not a New Construction Project and if Section 501 of the NOFA does not apply]. For New Construction Cost Containment projects, the Department will disburse up to 80% of the Capital Award after Grantee has cleared all conditions of disbursement. The remaining 20% of the Award will be disbursed upon submission of the temporary certificate of occupancy (TCO).

The Grantee must open escrow prior to requesting Capital Award funds from the Department. The Department will disburse remaining award funds, including Operating Award funds, via check. The Grantee may only request Operating Award funds, if applicable, after providing confirmation that construction and/or Rehabilitation on the Project is completed, and the Project is ready to occupy. HCD reserves the right to disburse funds prior to construction completion if the Grantee sufficiently demonstrates need for Homekey+ operational funds prior to construction completion.

The Grantee shall append the following supporting documents to the request for funds, all in form and substance acceptable to the Department:

A. Wire Instructions, including the name and address of the escrow company, the name of the escrow officer, and the escrow number in a form provided by the Department.

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Name(s) of Grantee(s)
25-HK+-XXXXX

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EXHIBIT B
Homekey+ Program (Homekey+)
NOFA Date: 11/26/2024; as amended 01/31/2025; 08/07/2025 Project Name:

Approved Date: 09/24/2025
Prep. Date: XX-XX-XXXX
B. An Affordability Covenant must be submitted to the Department for review prior to the close of escrow and approved by the Department, in its sole and reasonable discretion, for recordation at the close of escrow; C. Payee Data Record (STD 204) or Government Agency Taxpayer ID Form, as applicable;
D. An authorizing resolution or set of authorizing resolutions that, in the Department’s reasonable determination, materially comports with the Program Requirements (if the Grantee has not already submitted same); E. Documentary evidence of any eligible costs incurred on or after March 5, 2024 and before the execution of this Agreement;
F. Certification of compliance with California’s prevailing wage law, as well as all applicable federal prevailing wage law; or for Tribal Grantees, a Tribal Wage Determination; the Grantee cannot request funds for rehabilitation or construction until they have provided a certification of compliance with prevailing wage laws signed by the Grantee and their selected general contractor, as detailed in Section 509 of the NOFA;
G. A copy of the Department-approved relocation plan for the Project, or a copy of a Department-issued Certification Regarding Non-Application of Relocation Benefits and Indemnification Agreement which has been duly executed by the Grantee and approved by the Department;
H. Evidence of the insurance coverages required under the Program NOFA Section 606 and/or a written acknowledgment of self-insured status; I. A current title report (dated within 15 days of the request for funds); or for tribal trust land, a title status report (“TSR”) or an attorney’s opinion regarding chain of title and current title status; if there are any items to be cleared, paid off, or subordinated, the Department will require that all findings be resolved in escrow; J. Any forms, certifications, environmental clearances, NEPA, or documentation required pursuant to Paragraph 1. F – Additional Conditions Precedent to Disbursement listed in Exhibit E of this Agreement; and

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Name(s) of Grantee(s)
25-HK+-XXXXX

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EXHIBIT B
Homekey+ Program (Homekey+)
NOFA Date: 11/26/2024; as amended 01/31/2025; 08/07/2025 Project Name:

Approved Date: 09/24/2025
Prep. Date: XX-XX-XXXX
K. Any other forms, certifications, or documentation deemed necessary by the Department prior to disbursement of Grant funds.

3. Performance
A. After disbursement of the funds, the Grantee shall meet each Performance Milestone set forth at Exhibit E by the relevant Milestone Completion Date. After satisfaction of each Performance Milestone, the Grantee shall promptly report its progress, in writing, to the Department. Grantee may apply to the Department for an extension of a Milestone Completion Date as allowed by the NOFA and this Agreement.

B. FAILURE TO SATISFY ANY ONE OF THE PERFORMANCE MILESTONES

WILL CONSTITUTE A BREACH OF THIS AGREEMENT AND ENTITLES THE

DEPARTMENT TO MANDATE THE GRANTEE TO RETURN TO THE
DEPARTMENT ANY FUNDS DISBURSED; IN ANY SUCH INSTANCE, THE

DEPARTMENT MAY ALSO CANCEL THIS AGREEMENT WITHOUT OWING ANY DAMAGES OR OTHER PAYMENT TO GRANTEE.

4. Fiscal Administration
A. All Capital Award funds must be wired to an escrow company licensed to do business in the State of California and in good standing.

B. Any Capital Award funds that have not been expended by the Expenditure Deadline for Capital Funds must be returned to the Department with accrued interest. Any Operating Award funds that have not been expended by the Expenditure Deadline for Operating Funds must be returned to the Department with accrued interest. Checks shall be made payable to the Department of Housing and Community Development and shall be mailed to the Department at the address below, no later than thirty (30) calendar days after the applicable Expenditure Deadline.

Department of Housing and Community Development
Accounting Division
651 Bannon Street, Suite 400
Sacramento, California 95811

5. Supplantation of Funds

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Name(s) of Grantee(s)
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EXHIBIT B
Homekey+ Program (Homekey+)
NOFA Date: 11/26/2024; as amended 01/31/2025; 08/07/2025 Project Name:

Approved Date: 09/24/2025
Prep. Date: XX-XX-XXXX
Grantee may not use Homekey+ funding to supplant performing debt or existing funds that have already been funded or awarded through other permanent sources, including HCD sources. Expenses that have been or will be reimbursed under any permanent public program funds are not eligible uses of Homekey+ funding, with the exception of any Homekey+ funds Awarded for reimbursement dating back to March 5, 2024.

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Name(s) of Grantee(s)
25-HK+-XXXXX

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EXHIBIT D
Homekey+ Program
NOFA Date: 11/26/2024; as amended 01/31/2025; 08/07/2025 Project Name:

Approved Date: 09/24/2025
Prep. Date: XX/XX/XXXX
HOMEKEY+ GENERAL TERMS AND CONDITIONS

1. Effective Date, Term of Agreement, Timing, and Deadlines A. This Agreement, when fully executed by the Department and the Grantee, is effective upon the date of the Department representative’s signature on the STD 213, Standard Agreement (such date, the “Effective Date").

B. This Agreement shall terminate fifteen (15) years [If gap financing, put twenty (20) years, delete these instructions] from the Effective Date, as stated in Section 2 of the STD 213, Standard Agreement (such date, the “Expiration Date”).

C. Grantee will receive the disbursement of Program funds after satisfying all conditions precedent to such disbursement, as set forth under Paragraph 2 of Exhibit B and, as necessary and applicable, under Section 4 – Additional Conditions Precedent to Disbursement of Exhibit E.

D. Any expenses incurred prior to March 5, 2024, after the Expenditure Deadline for Capital Funds, or after the Expenditure Deadline for Operating Funds, respectively and as applicable, are not eligible for payment under the Program, unless an alternate arrangement is legally permissible and has been approved by the Department in advance and in writing.

E. Grant funds that have not been expended by the applicable Expenditure Deadlines shall revert to the Department in the absence of an alternate arrangement that has been approved by the Department in advance and in writing.

2. Termination for Cause
The Department may terminate this Agreement for cause at any time by giving at least fourteen (14) calendar days’ advance written notice to the Grantee. Upon such termination, Grantee shall return any unexpended funds to the Department within thirty (30) calendar days of the date on the Department’s written notice of termination, unless the Department has approved an alternate arrangement in advance and in writing, as provided below. Such termination will not limit any other remedies that may be available to the Department under this Agreement, at law, or in equity. Cause shall consist of Grantee’s breach of, or failure to satisfy, any of the terms or conditions of this Agreement. Cause includes but is not limited to the following:

A. Grantee’s failure to satisfy the Performance Milestones, conditions precedent to disbursement, or to expend the Award, as specified.

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Name(s) of Grantee(s)
25-HK+-XXXXX

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EXHIBIT D
Homekey+ Program
NOFA Date: 11/26/2024; as amended 01/31/2025; 08/07/2025 Project Name:

Approved Date: 09/24/2025
Prep. Date: XX/XX/XXXX
B. Grantee’s failure to timely satisfy each or any of the conditions set forth in these Homekey + General Terms and Conditions, the Project-Specific Provisions and Special Terms and Conditions set forth at Exhibit E of this Agreement (including any one of the Performance Milestones), or the award letter.

C. Grantee’s violation of any of the Program Requirements.

D. The Department’s determination of the following:
1) Any material fact or representation, made or furnished to the Department by the Grantee in connection with the Application or the award letter, shall have been untrue or misleading at the time that such fact or representation was made known to the Department, or subsequently becomes untrue or misleading; or
2) Grantee has concealed any material fact from the Department related to the Application or the Project.

E. The Department’s determination that the objectives and requirements of the Homekey + Program cannot be met in accordance with applicable timeframes, as memorialized by this Agreement.

In the event of this or any other breach, violation, or default by the Grantee, the Department may give written notice to the Grantee to cure the breach, violation, or default. If the breach, violation, or default is not cured to the Department’s satisfaction within a reasonable time, as determined by the Department in its sole and absolute discretion, then the Department may declare a default under this Agreement and seek any and all remedies that are available under this Agreement, at law, or in equity.

3. Cancellation
A. It is mutually understood between the parties that this Agreement may have been written for the mutual benefit of both parties before ascertaining the availability of funds appropriated by the California Legislature to avoid program and fiscal delays that would occur if this Agreement were executed after that determination was made.

B. The Department may cancel this Agreement, in whole or in part, if the California Legislature enacts any restrictions, limitations, or conditions that impact this Agreement or the funding of this Agreement; or cancellation is otherwise permitted under state contracting law.

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Name(s) of Grantee(s)
25-HK+-XXXXX

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EXHIBIT D
Homekey+ Program
NOFA Date: 11/26/2024; as amended 01/31/2025; 08/07/2025 Project Name:

Approved Date: 09/24/2025
Prep. Date: XX/XX/XXXX
C. To cancel this Agreement pursuant to this paragraph, the Department shall give thirty (30) calendar days’ advance written notice to the Grantee. The Grantee shall return any unexpended portion of its Grant award to the Department within thirty (30) calendar days from the date on the Department’s written notice of cancellation, unless (i) the parties have agreed upon an alternate arrangement in advance and in writing; or (ii) an alternate arrangement is necessary for one or both parties to remain in compliance with HHAP or other applicable law.

4. Eligible Activities
Grant funds awarded to the Grantee shall be applied to the eligible uses set forth at Exhibit A and described in greater detail at Exhibit E. Payment for any cost which is not authorized by this Agreement, or which cannot be adequately documented shall be disallowed and must be reimbursed to the Department or its designee.

5. Performance Milestones
Grantee shall timely satisfy and complete all Performance Milestones, as identified at Exhibit E of this Standard Agreement.

6. Article XXXIV
Homekey + provides Permanent Supportive Housing for persons (including Veterans and Youth) who are homeless, chronically homeless, or at risk of homelessness, and who are living with a Behavioral Health Challenge. As such, Article XXXIV, section 1 of the California Constitution is not applicable to Homekey + funded development, consistent with Health and Safety Code sections 37000-37002.

7. Appraisals
Grantee shall, at the request of the Department, provide an appraisal of any real property or any interest in real property that is acquired with the Grant funds. Any such appraisal shall be prepared in a form, and by a qualified appraiser, acceptable to the Department.

8. Environmental Compliance
Grantee shall provide a Phase I Environmental Site Assessment (“ESA”) for the Project, in conformance with ASTM Standard Practice E 1527, evaluating whether the Project is affected by any recognized environmental conditions. If the Phase I ESA discloses evidence of recognized environmental conditions and Grantee desires to proceed with

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Name(s) of Grantee(s)
25-HK+-XXXXX

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EXHIBIT D
Homekey+ Program
NOFA Date: 11/26/2024; as amended 01/31/2025; 08/07/2025 Project Name:

Approved Date: 09/24/2025
Prep. Date: XX/XX/XXXX
the Project, the Grantee shall provide the Department with a Phase II report and any additional reports as required by the Department and in a form acceptable to the Department. Any remediation work shall be subject to Department approval. Grantee shall also provide an asbestos assessment and a lead-based paint report for the Department’s approval if the Project involves rehabilitation or demolition of existing improvements.

Projects, including phased Projects, that satisfy the requirements HSC 50675.1.5, shall be exempt from the California Environmental Quality Act (CEQA) Projects under this section are considered a “use by right”, which are specifically exempt from CEQA (CA Public Resources Code section 21000 et seq.). (HSC 50675.1.5(e)(2)(A)).

Moreover, HSC 50675.1.5(c) specifically exempts HCD actions taken to “provide financial assistance or insurance for the development and construction of Projects” from CEQA review. HCD encourages Eligible Applicants to fully engage with HCD’s technical assistance and to review the CEQA exemption set forth at HSC section 50675.1.5 and the provision for land use consistency and conformity set forth at HSC section 50675.1.3, subdivision (i).

Applicants should consult with their counsel for legal advice in construing application of the foregoing exemptions to their Project. It is entirely within an Applicant’s discretion to determine whether to use the statutory CEQA exemption, whether the exemption applies to the Applicant’s proposed activity, or whether some other mechanism applies and could be used to satisfy obligations under CEQA.

The exemption from CEQA pursuant to HSC 50675.1.5 does not exempt Homekey+ Projects from the National Environmental Policy Act (NEPA). Applicants must determine if NEPA applies to the Homekey+ Project and plan to receive the relevant clearances before the Project proceeds with the acquisition or physical activities, as applicable.

HCD is not responsible for determining which Projects require NEPA clearance.

Nevertheless, applicants shall provide HCD a status and timeline of any required NEPA review at the time of application.

9. Insurance
A. Grantee shall obtain the insurance coverages identified in the NOFA. Grantee shall maintain such insurance coverages for either the term of this Agreement or the term of any required restrictive covenant or regulatory agreement, whichever applicable term is longer. Grantee shall name the State of California and the Department, as well as their respective appointees, officers, agents, and employees, as additional insureds on all such policies. Such policies shall

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Name(s) of Grantee(s)
25-HK+-XXXXX

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EXHIBIT D
Homekey+ Program
NOFA Date: 11/26/2024; as amended 01/31/2025; 08/07/2025 Project Name:

Approved Date: 09/24/2025
Prep. Date: XX/XX/XXXX
provide for notice to the Department in the event of any lapse of coverage or insurance claim thereunder. Prior to disbursement of any Grant funds, Grantee shall provide evidence satisfactory to the Department of its compliance with these insurance requirements.

B. If Grantee is self-insured, in whole or in part, as to any of the required types and levels of coverage, the Grantee shall provide the Department with a written acknowledgment of its self-insured status prior to disbursement of any Grant funds. If the Grantee abandons its self-insured status at any time after execution of this Agreement, the Grantee shall immediately notify the Department, and shall promptly comply with the insurance coverage requirements under the Program.

10. Granted Funding Commitments
Grantee shall demonstrate its capacity to provide the development and operating funding commitments represented to the Department, as set forth in Exhibit E, Budget Detail. The Department reserves the right to request that Grantee provides additional documentary evidence of such capacity at any point.

11. Relocation
Grantee must comply with all applicable federal, state, and local relocation law.

Pursuant to relocation law, a Grantee must have a relocation plan approved by the Department prior to proceeding with any phase of a Project or other activity that will result in the displacement of persons, businesses, or farm operations. To ensure that displaced persons and entities do not suffer a disproportionate impact as a result of Projects which benefit the public, all notices to vacate and relocation services must be provided to them in accordance with applicable law. In addition, before the Homekey + award will be disbursed, Grantee must have either of the following:

A. Department-approved relocation plan; or
B. Department-issued Certification Regarding Non-Application of Relocation Benefits and Indemnification Agreement, which has been duly executed by the Grantee and approved by the Department.

12. One-for-One Replacement of Assisted Units
One-for-one replacement of Assisted Units is permissible if approved in advance by the Department per Section 300 of the NOFA, after the Department’s determination, in its sole and absolute discretion, that such replacement will not reduce the inventory of units

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Name(s) of Grantee(s)
25-HK+-XXXXX

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EXHIBIT D
Homekey+ Program
NOFA Date: 11/26/2024; as amended 01/31/2025; 08/07/2025 Project Name:

Approved Date: 09/24/2025
Prep. Date: XX/XX/XXXX
that are already available at affordable rents to households that are at or under 30 percent AMI.

13. Site Control
Unless and except as otherwise expressly approved in writing by the Department or provided at Exhibit E to this Agreement, the Grantee shall have control of the property at all times, and such control shall not be contingent on the approval of any other party.

The status and nature of the Grantee's title and interest in the property must be acceptable to the Department. Site control may be evidenced by one of the following:

A. Fee title.

B. A leasehold interest on the property with provisions that enable the lessee to make improvements on and encumber the property provided that the terms and conditions of any proposed lease shall permit compliance with, and satisfaction of, all Program objectives and requirements, including, without limitation, those set forth in this Agreement. If the Grantee’s interest in the property is a leasehold, and the lessee and the lessor are affiliated or related parties, then the Department may require both the lessee and the lessor to execute this Agreement.

C. An executed disposition and development agreement, or irrevocable offer of dedication to a public agency.

D. A sales contract, or other enforceable agreement for the acquisition of the property. If this form of evidence was relied upon at the time of Application, the Department may impose additional Performance Milestones (e.g., presentation of additional or supplemental evidence of eventual site control closer to any projected close of escrow).

E. A letter of intent, executed by a sufficiently authorized signatory of the Grantee, that expressly represents to the Department, without condition or reservation, that, upon successful application, the Grantee shall purchase or otherwise acquire a sufficient legal interest in the property to accomplish the purpose of the award. The letter of intent must also be duly acknowledged by the party selling or otherwise conveying an interest in the subject property to the Grantee. If this form of evidence was relied upon at the time of Application, the Department may impose additional Performance Milestones (e.g., presentation of additional or supplemental evidence of eventual site control closer to any projected close of escrow).

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Name(s) of Grantee(s)
25-HK+-XXXXX

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EXHIBIT D
Homekey+ Program
NOFA Date: 11/26/2024; as amended 01/31/2025; 08/07/2025 Project Name:

Approved Date: 09/24/2025
Prep. Date: XX/XX/XXXX
F. Other evidence of site control that gives the Department assurance (equivalent to A-E above) that the Grantee will be able to complete the Project in a timely manner and in accordance with the Program’s objectives and requirements, including, without limitation, those set forth or referenced in this Agreement.

14. Adaptability and Accessibility
The Project shall comply with all applicable federal, state and local laws regarding adaptability and accessibility, including, without limitation, the requirements set forth in the Homekey+ NOFA Section 508.

15. Title Status and Reports
Grantee shall provide a current title report for the real property on which the Project is located. If Grantee’s interest in the property is leasehold, then Grantee shall provide a current title report for the leasehold interest and the fee interest. For tribal trust land, Grantee shall provide a TSR or an attorney’s opinion regarding chain of title and current title status. As set forth and specified at Exhibit B of this Agreement, Grantee shall provide such title report or documentation of title status prior to disbursement of any Homekey+ Grant funds.

16. Title Insurance
Grantee shall provide evidence of title insurance and an ALTA As-Built Survey that are acceptable to the Department. The condition of title, the insurer, the liability amount, the form of policy, and the endorsements shall be subject to Department approval. The policy shall ensure that Grantee holds good and marketable title (fee simple or leasehold).

17. Property Management Plan
Grantee shall submit a property management plan to the Department for its review and approval. Such management plan shall be consistent with any representations made in the Application, and it shall meet the Homekey+ Program Requirements.

18. Supportive Services Plan
Grantee shall submit a Supportive Services plan to the Department for its review and approval. Such Supportive Services plan shall be consistent with any representations made in the Application, and it shall meet the Homekey+ Program Requirements (e.g., provide for delivery of housing stability services and benefits).

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Name(s) of Grantee(s)
25-HK+-XXXXX

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EXHIBIT D
Homekey+ Program
NOFA Date: 11/26/2024; as amended 01/31/2025; 08/07/2025 Project Name:

Approved Date: 09/24/2025
Prep. Date: XX/XX/XXXX

19. Nondiscrimination
Grantee shall adopt a written nondiscrimination policy requiring that no person shall, on the grounds of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, age, medical condition, genetic information, citizenship, primary language, immigration status (except where explicitly prohibited by federal law), arbitrary characteristics, and all other classes of individuals protected from discrimination under federal or state housing laws, individuals perceived to be a member of any of the preceding classes, or any individual or person associated with any of the preceding classes, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with Homekey + funds.

Statutes and regulations prohibiting discrimination are applicable to this Agreement and include, without limitation, the following:

A. Grantee and any of its contractors, subcontractors, successors, transferees, and assignees shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the U.S. Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement. Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the U.S. Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement;
B. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60–1.3 must include the equal opportunity clause provided under 41 CFR 60–1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964–1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”;

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Name(s) of Grantee(s)
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EXHIBIT D
Homekey+ Program
NOFA Date: 11/26/2024; as amended 01/31/2025; 08/07/2025 Project Name:

Approved Date: 09/24/2025
Prep. Date: XX/XX/XXXX
C. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.); Grantee shall affirmatively further fair housing, in accordance with the Civil Rights Act of 1964 (42 U.S.C §2000a, et seq.), and the Fair Housing Act (42 U.S.C. §3601, et seq.), according to 42 U.S.C. §5306, et seq. and in compliance with California statute (Gov. Code sections 65583, et seq.). Grantee shall comply with the Fair Housing Amendment Act of 1988 (Public Law 100-430). Grantee shall develop and implement an affirmative fair housing marketing plan that is satisfactory to the Department. Appropriate aspects of the initial plan shall be incorporated into the ongoing management plan to ensure positive outreach and informational efforts to those who are least likely to know about and apply for Interim Housing or Permanent Housing. Grantee is encouraged to refer to the guidelines for Affirmative Fair Housing Marketing Plans issued by the U.S.

Department of Housing and Urban Development (“HUD”). Grantee shall comply with all applicable state and federal fair housing laws; D. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); prohibiting recipients of federal funds from discrimination against persons with disability; the Americans With Disabilities Act of 1990 prohibiting all public discrimination against persons with disabilities; the Age Discrimination Act of 1975 prohibiting age-based discrimination in federally funded activities; Executive Order 11063 prohibiting discrimination in disposition of properties owned or financed with federal funds, as amended by Executive Order 12259; and Executive Order 11246 regarding fair employment, as amended by Executive Orders 11375, 11478 and 12086; and HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; E. The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.); The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.); prohibiting age-based discrimination in federally funded activities.

Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.); Americans With Disabilities Act of 1990 prohibiting all public discrimination against persons with disabilities. The State of California nondiscrimination statutes, regulations, and standards set forth and identified in the NOFA and at Exhibit C of this Agreement.

20. Affirmative Fair Housing Marketing Plan and Fair Housing Compliance A. Grantee shall affirmatively further fair housing, in accordance with the Civil Rights Act of 1964 (42 U.S.C §2000a, et seq.), and the Fair Housing Act (42 U.S.C. §3601, et seq.), according to 42 U.S.C. §5306, et seq. and in compliance with California statute (Gov. Code sections 65583, et seq.). Grantee shall comply with

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Name(s) of Grantee(s)
25-HK+-XXXXX

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EXHIBIT D
Homekey+ Program
NOFA Date: 11/26/2024; as amended 01/31/2025; 08/07/2025 Project Name:

Approved Date: 09/24/2025
Prep. Date: XX/XX/XXXX
the Fair Housing Amendment Act of 1988 (Public Law 100-430).

B. Grantee shall develop and implement an affirmative fair housing marketing plan that is satisfactory to the Department. Appropriate aspects of the initial plan shall be incorporated into the ongoing management plan to ensure positive outreach and informational efforts to those who are least likely to know about and apply for Interim Housing or Permanent Housing. Grantee is encouraged to refer to the guidelines for Affirmative Fair Housing Marketing Plans issued by the U.S.

Department of Housing and Urban Development (“HUD”). Grantee shall comply with all applicable state and federal fair housing laws.

21. Grantee Acknowledgment of the Pet Friendly Housing Act of 2017 By executing this Agreement, Grantee acknowledges that the Pet Friendly Housing Act of 2017 (California Health & Safety Code, § 50466) requires each housing development, if it is financed on or after January 1, 2018 pursuant to Division 31 of the California Health and Safety Code, to authorize a resident of the housing development to own or otherwise maintain one or more common household pets within the resident’s dwelling unit, subject to applicable state laws and local governmental ordinances related to public health, animal control, and animal anticruelty.

22. Final Certificate of Occupancy
Grantee shall provide a final certificate of occupancy (or an equivalent form of occupancy certification or approval) issued by the local agency having jurisdiction over such certificates.

23. Occupancy
The Assisted Units shall be occupied by the Target Population, and such units shall be in decent, safe, and sanitary condition at the time of their occupancy. In addition, the Grantee shall certify, upon occupancy, that it will employ the core components of Housing First (as set forth at Welfare and Institutions Code section 8255) as part of its property management plan and Supportive Services plan.

24. Tenant Selection
Referrals to Assisted Units shall be made through the local Coordinated Entry System (“CES”), or another comparable prioritization system based on greatest need shall be

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Name(s) of Grantee(s)
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EXHIBIT D
Homekey+ Program
NOFA Date: 11/26/2024; as amended 01/31/2025; 08/07/2025 Project Name:

Approved Date: 09/24/2025
Prep. Date: XX/XX/XXXX
used. All referral protocols for Assisted Units shall be developed in collaboration with the local Continuum of Care and implemented consistently with the Program Requirements.

25. Participation in Statewide HDIS/HMIS
Grantee shall support Continuum of Care participation in the statewide Homeless Data Integration System (“HDIS”). As required by and in accordance with state and federal law (including all applicable privacy law), Grantee shall further disclose relevant data to the local Homeless Management Information System (“HMIS”) and comparable data collection systems.

26. Affordability Covenant
A. An Affordability Covenant shall be recorded against the Project real property in accordance with Section 208 of the NOFA and this Agreement.

B. The Public Entity or Tribal Entity shall prepare and cause a 55-year Affordability Covenant to be recorded against the Project real property except in the event that the Permanent Housing Project is located on tribal trust land, in which case a 50-year Affordability Covenant shall be recorded against the Project real property.

C. The Affordability Covenant shall require integration of the Target Population within all entrances, common areas, and buildings that comprise the Project.

D. The Affordability Covenant shall include occupancy and rent restrictions that maintain the Project’s accessibility to the Target Population over the full term of the Affordability Covenant.

E. All Affordability Covenants are subject to the advance written approval of the Department, and shall be acceptable to the Department in form, substance, and priority. Project-specific requirements and deadlines are set forth at Exhibit E of this Agreement.

27. Restrictions on Sales, Transfers, and Encumbrances
Grantee shall not, for the duration of this Agreement, sell, assign, transfer, or convey the Project, or any interest therein or portion thereof, without the express prior written approval of the Department.

The Grantee who garnered the experience points at the application stage must be the entity who controls the owner of the Project, through close of escrow, and into

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Name(s) of Grantee(s)
25-HK+-XXXXX

Page 12 of 16 ends

EXHIBIT D
Homekey+ Program
NOFA Date: 11/26/2024; as amended 01/31/2025; 08/07/2025 Project Name:

Approved Date: 09/24/2025
Prep. Date: XX/XX/XXXX
management and operation of the project. Organizational documents demonstrating that the experienced Grantee has the authority to exercise control of the borrowing entity in compliance with Section 8301(s) of the Uniform Multifamily Regulations (UMR) must be submitted to the Department for review and approved by the Department prior to execution of the Standard Agreement.

28. Retention, Inspection, and Audit of Records
A. Grantee is responsible for maintaining records which fully disclose the activities funded by the Grant. Grantee shall retain all records for a period of five (5) years after the expiration of this Agreement, unless a longer retention period is stipulated. If any litigation, claim, negotiation, audit, monitoring, inspection or other action commences during this required retention period, all records must be retained until a full and final resolution of the action.

B. At any time during the term of this Agreement, the Department may perform or cause to be performed a financial audit of any and all phases of the Project. At the Department’s request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. The audit shall be performed by a qualified state, local, independent, or Department auditor. Where an independent auditor is engaged, the audit services agreement shall include a clause which permits the Department to have access to the independent auditor’s relevant papers, records, and work product.

C. If there are audit findings, the Grantee shall submit a detailed response to the Department for each audit finding. The Department will review the response. If the Department determines, in its sole and absolute discretion, that the response is satisfactory, the Department will conclude the audit process and notify the Grantee in writing. If the Department determines, in its sole and absolute discretion, that the response is not satisfactory, the Department will contact the Grantee, in writing, and explain the action required to cure any audit deficiencies.

Such action could include the repayment of ineligible costs or other remediation.

D. If so directed by the Department upon the termination or expiration of this Agreement, the Grantee shall deliver all records, accounts, documentation, and other materials that are relevant to this Agreement to the Department as depository.

29. Site Inspection
The Department reserves the right, upon reasonable notice, to inspect the Project to determine whether it meets the Program Requirements. If the Department reasonably

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Name(s) of Grantee(s)
25-HK+-XXXXX

Page 13 of 16 ends

EXHIBIT D
Homekey+ Program
NOFA Date: 11/26/2024; as amended 01/31/2025; 08/07/2025 Project Name:

Approved Date: 09/24/2025
Prep. Date: XX/XX/XXXX
determines that the site is not acceptable for the Project in accordance with] the Program Requirements, the Department reserves the right to rescind the award and the Grant. Nothing in this paragraph is intended to create or imply any obligation of the Department to inspect the Project.

30. Compliance with State and Federal Laws, Rules, Guidelines, and Regulations A. Grantee, its agencies or instrumentalities, contractors, sub-grantees, and subrecipients shall comply with all local, state, and federal laws, statutes, and regulations, as well as policies and guidelines established by the Department for the administration of the Homekey + program.

31. Updated Information
If there is any change in the information that has been provided to the Department, Grantee shall promptly provide the Department with updated documentation (e.g., updated sources and uses). All changes shall be subject to Department approval. In addition, Grantee shall promptly notify the Department, in writing, of any changes in Grantee or Co-Grantee organization, authorization, or capacity.

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Name(s) of Grantee(s)
25-HK+-XXXXX

Page 14 of 16 ends

EXHIBIT D
Homekey+ Program
NOFA Date: 11/26/2024; as amended 01/31/2025; 08/07/2025 Project Name:

Approved Date: 09/24/2025
Prep. Date: XX/XX/XXXX

32. Survival of Obligations
The obligations of the Grantee, as set forth in this Agreement, shall survive the termination or expiration of this Agreement.

33. Litigation
Grantee shall notify the Department immediately of any claim or action undertaken by or against it which affects or may affect this Agreement or the Department and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement, the Program Requirements, the interests of the Department, and the objectives of the Homekey + Program.

34. Entire Agreement; Severability
This Agreement constitutes the entire agreement between the Grantee and the Department. All prior representations, statements, negotiations, and undertakings with regard to the subject matter hereof are superseded hereby. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remaining terms and provisions of this Agreement, or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law.

35. Modification or Waiver under AB 1010
The Department reserves the right to waive or modify any requirement under this Agreement, or any Program Requirement, as authorized by and in accordance with California Assembly Bill No. 1010 (Chapter 660, Statutes of 2019) (“AB 1010”), which is codified at California Health and Safety Code section 50406, subdivision (p).

36. Waivers
No waiver of any breach, violation, or default under this Agreement shall be held to be a waiver of any other or subsequent breach or violation thereof or default thereunder. The Department’s failure, at any time, to enforce the provisions of this Agreement or to require the Grantee’s performance under this Agreement shall in no way be construed as a waiver of such provisions or performance, and it shall not affect the validity of this Agreement or the Department’s right to enforce this Agreement.

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Name(s) of Grantee(s)
25-HK+-XXXXX

Page 15 of 16 ends

EXHIBIT D
Homekey+ Program
NOFA Date: 11/26/2024; as amended 01/31/2025; 08/07/2025 Project Name:

Approved Date: 09/24/2025
Prep. Date: XX/XX/XXXX

37. Disputes
In the event of any conflict between this Agreement and any Grantee documents or side agreements, this Agreement and the Program Requirements shall prevail, are applicable, and shall be enforceable by the Department even if the Department provided review or approval of such documents and side agreements.

38. Consent
The parties agree that wherever the consent or approval of the Department or Grantee is required under this Agreement, such consent or approval shall not be unreasonably withheld, conditioned, or delayed, unless the same is specified as being in that party’s sole and absolute discretion, or other words of similar import.

39. Grantee Liability
Grantee shall remain liable to the Department for performance under this Standard Agreement and compliance with all Program Requirements regardless of any Department-approved transfer or assignment of interest, or of any designation of a third party for the undertaking of all or any part of the Scope of Work. Likewise, each CoGrantee shall remain jointly and severally liable to the Department for performance under this Standard Agreement and compliance with all Program Requirements regardless of any Department-approved transfer or assignment of interest; any designation of a third party for the undertaking of all or any part of the Scope of Work; or the Co-Grantees’ identification of a Designated Payee.

40. Defense and Indemnification
Grantee agrees to defend, indemnify, and hold harmless the Department, and its appointees, agents, employees, and officers, from any losses, damages, liabilities, claims, actions, judgments, court costs and legal or other expenses (including attorneys’ fees), which may arise in connection with Grantee’s use of the Grant funds and performance under this Agreement. If any attorney, including the California Attorney General, is engaged by the Department to enforce, construe, or defend any provision of this paragraph, with or without the filing of any legal action or proceeding, Grantee shall, individually or jointly, pay to the Department, immediately upon demand, the amount of all attorneys’ fees and costs incurred by the Department in connection therewith.

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Name(s) of Grantee(s)
25-HK+-XXXXX

Page 16 of 16 ends

EXHIBIT D
Homekey+ Program
NOFA Date: 11/26/2024; as amended 01/31/2025; 08/07/2025 Project Name:

Approved Date: 09/24/2025
Prep. Date: XX/XX/XXXX

41. Time Is of the Essence
Time is of the essence under this Agreement, and in the performance of every term, covenant, and obligation contained herein.

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PROJECT-SPECIFIC PROVISIONS AND SPECIAL TERMS AND CONDITIONS

1. PROJECT-SPECIFIC PROVISIONS
Project Name: Vista Ridge
Address: 3331 North Texas Street, Fairfield, CA 94533
Assessor Parcel Numbers (APNs): 0167-130-240
A. Award, Payee and Eligible Use(s)
The Department issued the Grantee a Homekey+ Program Conditional Award Letter dated September 19, 2025. The Award is a grant in the amount of $21,535,540.00. The Designated Payee of these funds is the City of Fairfield.

Grantee will use the funds to provide Permanent Supportive Housing for the Target Population and subpopulations in the Homekey+ Assisted Units as specified in the unit mix chart included herein. Specifically, the Grantee will apply these funds towards the following eligible use(s):
1) Acquisition and rehabilitation of a hotel to provide Permanent Supportive Housing for the Target Population.

B. Homekey+ Award.

The Homekey+ Award is comprised of:

Total Award $21,535,540.00
Capital Award $21,535,540.00
Acquisition $12,000,001.00
Rehabilitation $9,535,539.00
Master Leasing $00.00
New Construction $00.00
Affordability Covenants $00.00
Relocation Award $00.00
Operating Award $00.00
C. Unit Mix [see next page]

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Homekey+ Assisted Units should be reserved for serving the Target Population where households are more appropriately served by Permanent Supportive Housing, including referrals from persons exiting encampments. Households with lower levels of need may be better served by other housing and less intense service interventions.

2. PROJECT DETAILS
Project Narrative: The Vista Ridge project is an acquisition and rehabilitation effort that will convert an existing 3-story, 100-room hotel into approximately 50 units of permanent supportive housing, including one manager’s unit. The project is funded through Homekey+ with additional support from the City of Fairfield and Project-Based Vouchers.

The building will be renovated to provide units with kitchenettes (sink, stove, fridge, microwave, and dishwasher), private bathrooms, and furnishings.

Renovations also include reconfigured spaces for onsite services such as case management offices, a leasing office, a manager’s office, security office, laundry facilities, and a large community room. The building includes an elevator, ensuring accessible circulation throughout the three stories. The project will meet accessibility requirements by providing a minimum of 8 mobility-accessible units and 5 units with hearing/vision accessibility features, in compliance with Homekey+ and applicable state/federal standards.

Exterior improvements will include site accessibility upgrades, new paint, and outdoor recreation areas such as a dog run, smoking area, and basketball court.

The site is well located for the target population, with nearby access to critical services. Just across North Texas Street, residents will find a grocery store, pharmacy, dining, banking, and retail services. Public transit stops are also nearby, ensuring connectivity to the wider Fairfield community.

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3. SCOPE OF WORK
A. Acquisition and Rehabilitation Detail:

The Grantee will acquire and rehabilitate an existing three-story hotel property in Fairfield, California, converting it into 51 permanent supportive housing units, including one manager’s unit. Rehabilitation and site improvements will include:
a. Reconfiguration of first-floor rooms to create a large community space, case management offices, and a security office.
b. Interior renovation of all residential units to include kitchenettes and full bathrooms.
c. Accessibility upgrades throughout the property, including improvements to entrances, common areas, and circulation routes.
d. Replacement and/or upgrades to building systems, including HVAC, plumbing, and electrical, to ensure code compliance and energy efficiency. e. Site enhancements including repainting, landscaping, and accessibility modifications to exterior walkways and entries.
f. Creation of outdoor amenities such as a dog run, barbeque area, and recreational space (basketball court).
g. General repairs and upgrades to improve building durability, safety, and long-term maintenance.

B. Supportive Services and Staffing Detail:

Grantee shall assure that the Case Manager ratio(s) for this Project will be maintained at 20.8:1 for the Homekey+ Homelessness for 50 units. Grantee will coordinate with third-party property manager Danco Property Management.

Grantee will coordinate with a third-party service provider Caminar to act as Lead Service Provider. Services include those required in NOFA Section 302 (1-24).

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Homekey+ Program
NOFA Date: 11/26/2024, as amended 01/31/2025; 08/07/2025 Project Name: Vista Ridge
Approved Date: 09/24/2025
Prep. Date: 09/26/2025
City of Fairfield, Fairfield North Texas Street LP, Community Revitalization and Development Corporation, Danco Communities
25-HK+-18683
EXHIBIT E Page 5 of 15
C. GRANTEE CONTRACT COORDINATOR(S)
Authorized Representative Name:David Gassaway
Authorized Representative Title: City Manager
Entity Name: City of Fairfield
Address: 1525 Webster Street, Suite B
Fairfield, CA 94533
Telephone No.: (707) 428-7398
E-Mail Address: [email protected]
Authorized Representative Name:Daniel J. Johnson
Authorized Representative Title: President of the Managing Member of Fairfield North Texas Street LLC
Entity Name: Fairfield North Texas Street LP
Address: 5251 Ericson Way Suite A
Arcata, CA 95521
Telephone No.: (707) 822-9000
E-Mail Address: [email protected]
Authorized Representative Name:David Rutledge
Authorized Representative Title: President
Entity Name: Community Revitalization and Development
Corporation
Address: 1918 West Street
Redding, CA 96001
Telephone No.: (530) 241-6960
E-Mail Address: [email protected]
Authorized Representative Name:Daniel J. Johnson
Authorized Representative Title: President
Entity Name: Danco Communities
Address: 5251 Ericson Way Suite A
Arcata, CA 95521
Telephone No.: (707) 822-9000
E-Mail Address: [email protected]

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4. ADDITIONAL CONDITIONS PRECEDENT TO DISBURSEMENT
A. Preliminary Title Report from First American Title, dated March 27, 2025, lists two active Deeds of Trust recorded against the subject property. Item #18 was recorded on April 02, 2008, and has an indebtedness of $899,495.45, which will be paid off and reconveyed at closing. Item #19 was recorded on July 03, 2018, and has an indebtedness of $4,049,000.00, which will be paid off and reconveyed at closing.

5. BUDGET DETAIL
A. Grantee represented to the Department the following commitments for the development and construction of the Homekey+ Project:

Development Sources:
1) Homekey+ Award letter dated September 19, 2025, for a funding commitment of $21,535,540.00 for acquisition and rehabilitation.
2) Citi Bank letter dated May 2, 2025, for $3,407,249.00 for permanent loan funding to rehabilitate the property for the construction period. The loan carries a fixed 7.0% interest rate for a 20-year term, with an annual required debt service amount of $316,996.00
3) City of Fairfield letter dated March 6, 2025, for $1,000,000.00 in the Fairfield Housing Trust Fund (FHTF) loan funding to support rehabilitation of the project. Loan is structured as a Residual Receipts loan, with a 3.0% interest rate and a 55-year term. 4) City of Fairfield letter dated March 6, 2025, for $535,541.00 in Prohousing Incentive Program (PIP) grant funding to support the rehabilitation of the property. This grant does not accrue interest and has no repayment term.
5) Danco Communities letter dated March 17, 2025, for $317,933.00 as a Deferred Developer Fee Commitment for the permanent period. The terms include a 15-year period, 0% interest rate, and repayment on a residual receipts basis until paid in full.

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Operating Sources:
1) Fairfield Housing Authority (FHA) letter dated April 14, 2025, has committed 50 Project-Based Vouchers (PBV) for the Vista Ridge Project.

The PBVs provide an estimated annual rental subsidy of $1,065,360.00 per year for a 20-year term, for a total funding commitment of $21,307,200.00.

6. PERFORMANCE MILESTONES
Performance Milestones Milestone Completion Date
Expenditure Deadline for Capital Funds. February 18, 2027 which includes 60 days from the date of the Award letter and
approved by the Department.

Complete construction of the
Rehabilitation Homekey+ Project
must be achieved.

November 18, 2026, which includes 60
days from the date of the Award letter and
extension approved by the Department.

Full occupancy by the Target
Population must be accomplished in
accordance with the descriptions and
representations set forth in the
Application.

February 18, 2027, which includes 60 days
from the date of the Award letter.

A complete Supportive Services Plan
must be received by HCD.

October 21, 2026
Grantee must have an approved
Supportive Services Plan by full
occupancy.

February 18, 2027
A copy of Grantee’s written
nondiscrimination policy (in
accordance with Exhibit D of this
Agreement) must be submitted to the
Department.

July 20, 2026

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July 20, 2026, which includes 60 days from
the date of the Award letter.

A Homekey+ Program and Report must
be submitted to the Department as
specified and described in the NOFA.

March 31 – Each year for five (5) years
following the Effective Date of this
Agreement. The annual report is required
for at least five years following full
occupancy of the Project and until the
Homekey+ operating funds are fully
expended.

A Homekey+ Expenditure Report must
be submitted to the Department.

July 31 – Each year until the full
Homekey+ Award has been fully
expended.

7. TERMS AND CONDITIONS
The following Special Terms and Conditions are applicable to this Project and shall control notwithstanding anything to the contrary herein:

A. Affordability Covenant
1) The state, regional, local, or tribal Grantee shall ensure that the Project is duly encumbered with a 55-year Affordability Covenant that (a) is recorded in first position against the Project for the benefit of the state, regional, local, or tribal Grantee; (b) restricts the use, operation, occupancy, and affordability of the Project in accordance with this Homekey+ Agreement and the applicable Program Requirements in the NOFA; (c) duly names the Department as a third-party beneficiary with the right and privilege, but not the obligation, of enforcement thereof; (d) incorporates the Homekey+ Program Requirements by reference and (e) is otherwise in form and substance acceptable to the Department.
2) The Affordability Covenant must be recorded against the real property of the Project site prior to the disbursement of funds as specified in Exhibit B. The Grantee shall obtain the Department’s express written approval of the Affordability Covenant prior to the recordation of the same. After recordation, the Grantee shall promptly provide the Department with a conformed copy of the recorded Affordability Covenant and a title report to confirm lien priority.

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8. Project-Specific Special Terms and Conditions
A. Application Scoring Terms and Conditions
1) Grantee application was prioritized for receiving at least 10 points per NOFA Section 305, Application Scoring Criteria, (3)(a), for sustained operating leverage evidenced by Project rental or operating subsidies.

Grantee has committed to non-Homekey+ rental or operating subsidies (including funded services) to maintain the ongoing affordability and sustainability of Project operations that are outlined in Section 6, Budget Detail. Any budget modifications must be submitted to HCD for approval and must address how the Project affordability and sustainability will be maintained.
2) Grantee has committed to a 55-year use restriction for the Project and has waived any potential accommodation by the Department to increase income limits, as per NOFA Section 305, Application Scoring Criteria, (5)(b), for 100 percent of the Assisted Units.
3) Grantee has committed to the following accessibility details for the Project, as per NOFA Section 305, Application Scoring Criteria, (5)(c), the Project will exceed the state and federal accessibility requirements set forth in the NOFA.

At least 15 percent of the Project’s Assisted Units must have features accessible to persons with mobility disabilities and at least 10 percent of the Project’s units must have features accessible to persons with hearing or vision disabilities.

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C. Site Control Terms and Conditions
HCD Grantee demonstrated site control by providing evidence of fee title at the time of Application.

9. Project Development Budget: (Please see the next page for the development sources and uses budget from the application that was approved by HCD’s Awards Committee.) Budget detail included for the purpose of showing the Homekey+ Award details, including project reserves and developer fee. Other budget sources and uses will not be monitored by HCD.

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Agenda Item No: M.1

AGENDA REPORT
DATE: November 18, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Ordinance 2025-10 CD Building Standards Code Adoption Repealing and Replacing Chapter 5 of the City Of Fairfield Municipal Code (Also Known as the Building and Housing Code of the City of Fairfield), Adopting by Reference Title 24, of the 2025 California Code of Regulations, Known Collectively as the California Building Standards Code; Respectively Part 2, California Building Code; Part 2.5, California Residential Building Code; Part 3, California Electrical Code; Part 4, California Mechanical Code; Part 5, California Plumbing Code; Part 6, California Energy Code; Part 7, California Wildland Urban Interface Code; Part 8, California Historical Building Code; Part 9, California Fire Code (as Amended in Chapter 8 of the City of Fairfield Municipal Code); Part 10, California Existing Building Code; Part 11, California Green Building Standards Code (CALGreen Code); Part 12, California Referenced Standards Code, and Also Adopting the 2024 International Property Maintenance Code, and Supplementary Secondary References
Funding Source: N/A
Contact: Jeff Thomas, (707) 428-7442

RECOMMENDED ACTION
Hold public hearing; provide second reading and adopt Ordinance 2025-10.

STATEMENT OF ISSUE
On January 1, 2026, the 2025 California Building Standards Code (2025 Code) will become effective in all cities and counties in the State, regardless of whether they adopt said Code. On July 1, 2025, publication of the California Building Standards Code set in motion the 180-day adoption cycle. Within this cycle period, California State law permits the adoption of the State Building Standards Code with local amendments. The State requires most amendments to be based on local climatic, topographic, or geological conditions of the jurisdiction to preserve public health, safety, and welfare.

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DISCUSSION
Residents, businesses, builders, and designers have come to expect certain historical construction considerations due to the City’s regional proximity to faults and subjugation to earthquakes. As such, the historically associated local amendments are not proposed to be modified, except for the requirement to replace Federal Pacific or Zinsco electrical panels if additional electrical loads are proposed to be added.

We have these panels in the city, and they have shown a history of failure, causing fires and electrocutions. As the increase in electrical needs on older panels rises, the potential for failure of these panels may increase. Like other cities in the State and around the country, this code amendment would require any Federal Pacific or Zinsco electrical panel to be replaced if modified or loads added. For example, if solar was added to a home with one of these electrical panels, the panel would need to be replaced.

While this will be an added expense, it does reduce the potential risk and increase fire and life safety within the city. Additionally, some insurance companies are requiring replacement or increasing property insurance rates on homes and apartments that have these panels. Further, some homes do not qualify for solar due to their existing panel size (100 amps) being too small, and its proximity to the gas meter (within 10 feet) not allowing replacement. Pacific Gas and Electric Company (PG&E) does not allow electrical panels to be replaced within 10 feet of a gas meter, unless it is a safety issue or as directed by the jurisdiction. This amendment would, in effect, allow solar power on homes with these electrical panels that are within 10 feet of the gas meter.

While the State is mandating the adoption of the 2025 Code, the council and the public should be aware of one very notable change from the previous Code version. The most notable change is the addition of a new Part 7, California Wildland Urban Interface (WUI) Code, to the California Building Standards Code.

The WUI Code addresses high-fire area construction standards, commonly referred to as hardening, for the construction of structures within these areas. These hardening construction standards increase their ability to withstand exterior fire. Some typical construction hardening required in a WUI high fire area are:
 One-hour rated exterior construction
 Class A fire-resistant roofing materials/assemblies
 Specialty attic and raised floor ventilation requirements  Tempered windows
 Vegetation restrictions and management requirements
In addition to this change, the State Fire Marshall’s Office recently updated the State’s High Fire Maps. These updated maps now include approximately 30% of the city that will be affected by the High Fire construction standards. The areas are concentrated in the Western, Northern, and

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Eastern areas of the city. Prior to this year, the city did not have any high fire area designations.

These changes will increase construction costs for the structures in those areas.

One other notable item is a new assembly bill (AB), AB 130. While it addresses other areas of development outside building code implications, AB 130 mandates Building Departments to allow for applications for single-family dwelling permits in a subdivision, applied for on approved residential master plans, to have a 10-year expiration date. It also does not allow Building Departmentsto make the Building Standards Code more restrictive, except for fire and life safety issues. For example, jurisdictions cannot increase energy savings requirements beyond the minimum required per code except for previously adopted restrictions. These are intended to make building homes more affordable.

Regarding environmental determination, the adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3). This exemption applies where it can be seen with certainty, there is no possibility that the activity in question may have a significant effect on the environment.

FINANCIAL IMPACT
No new financial impacts on the City of Fairfield are anticipated from the implementation of this ordinance. However, it is anticipated that the new code changes, especially those noted above, will have a substantial impact on the cost of construction, especially new residences in high fire areas.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Public hearing notices were published in the Daily Republic on Wednesday, October 22, 2025, and Wednesday, November 5, 2025. As of the writing of this report we have not received any correspondence on this ordinance.

ALTERNATIVE ACTION
The council may choose not to adopt the proposed ordinance regarding the 2025 Code. If not adopted, the 2025 Code referenced herein will go into effect regardless, per the state mandate.

However, it will not allow local amendments to said codes to address the specific safety and wellbeing of the citizens of Fairfield.

COORDINATED WITH
City Attorney’s Office

STAFF CONTACT
Jeff Thomas, Chief Building Official
(707) 428-7442
[email protected]

ATTACHMENTS
Attachment 2: Proposed Ordinance

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CITY OF FAIRFIELD
ORDINANCE NO. 2025-10
REPEALING AND REPLACING CHAPTER 5 OF THE CITY OF FAIRFIELD MUNICIPAL CODE (ALSO KNOWN AS THE CITY OF FAIRFIELD BUILDING AND HOUSING CODE), ADOPTING BY REFERENCE TITLE 24, OF THE 2025 CALIFORNIA CODE OF REGULATIONS, KNOWN COLLECTIVELY AS THE CALIFORNIA BUILDING STANDARDS CODE; RESPECTIVELY PART 2, CALIFORNIA BUILDING CODE; PART 2.5, CALIFORNIA RESIDENTIAL BUILDING CODE; PART 3, CALIFORNIA ELECTRICAL CODE; PART 4, CALIFORNIA MECHANICAL CODE; PART 5, CALIFORNIA PLUMBING CODE; PART 6, CALIFORNIA ENERGY CODE; PART 7, CALIFORNIA WILDLAND URBAN INTERFACE CODE; PART 8, CALIFORNIA HISTORICAL BUILDING CODE; PART 9, CALIFORNIA FIRE CODE (AS AMENDED IN CHAPTER 8 OF THE CITY OF FAIRFIELD MUNICIPAL CODE); PART 10, CALIFORNIA EXISTING BUILDING CODE; PART 11, CALIFORNIA GREEN BUILDING STANDARDS CODE (CALGREEN CODE); PART 12, CALIFORNIA REFERENCED STANDARDS CODE, AND ALSO ADOPTING THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE, AND SUPPLEMENTARY

SECONDARY REFERENCES
THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 5 of the city of Fairfield Municipal Code (also known as the Building and Housing Code of the city of Fairfield) is hereby repealed in its entirety and replaced as follows:

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ORD. NO. 2025-10

Page 2 ends

Chapter 5

CITY OF FAIRFIELD BUILDING AND HOUSING CODE
Article I: 5.1. Administration
Sections:

5.1.1 Application.

5.1.2 Purpose and authority.

5.1.3 Administration chapter adopted.

5.1.4 Administration chapter amended.

5.1.4.1 Title.

5.1.4.2 Other laws.

5.1.4.3 Permits.

5.1.4.4 Submittal documents.

5.1.4.5 Inspections.

5.1.4.6 Certificate of occupancy.

5.1.4.7 Appeals.

5.1.4.8 Violations.

5.1.4.9 Expedited permit process for small
residential rooftop solar systems.

5.1.4.10 Expedited permit process for electric
vehicle charging stations.

5.1.4.11 Safety assessment placards.

Article II: 5.2. Codes adopted and amended

5.2.1 Adoption of the California Building
Standards Codes.

5.2.2 Building Code adopted.

5.2.3 Building Code amended.

5.2.3.1 Definitions.

5.2.3.2 Building addresses.

5.2.3.3 Factory-built chimney and
fireplaces.

5.2.3.4 Automatic Sprinkler Systems.

5.2.3.5 Efficiency dwelling units.

5.2.3.6 Fire classification.

5.2.3.7 Requirements for roof coverings.

5.2.3.8 Swimming Pools, Spas, and Hot Tubs

5.2.3.9 Grading

5.2.4 Residential Building Code adopted.

5.2.5 Residential Building Code amended.

5.2.5.1 Definitions.

5.2.5.2 Efficiency dwelling units.

5.2.5.3 Site addresses

5.2.5.4 Fire classification.

5.2.5.5 Requirements for roof coverings.

5.2.5.6 Factory-built chimney and
fireplaces.

5.2.5.7 Emergency Housing

5.2.6 Electrical Code adopted

5.2.7 Electrical Code amended.

5.2.7.1 Requirements for electrical

5.2.7.2 Temporary power.

5.2.7.3 Unsafe electrical panels.

5.2.8 Mechanical Code adopted.

5.2.9 Plumbing Code adopted.

5.2.10 Plumbing Code amended.

5.2.10.1 Materials

5.2.10.2 Installation, Testing, Unions, and
Locations.

5.2.10.3 Cleanouts.

5.2.11 Energy Code adopted.

5.2.12 Wildland Urban Interface Code
adopted.

5.2.13 Historical Building Code adopted.

5.2.14 Existing Building Code adopted.

5.2.15 California Green Building Code
adopted.

5.2.16 California Referenced Standards
Code adopted.

5.2.17 International Property Maintenance
Code adopted

5.2.18 Secondary Codes and standards
adopted as supplemental reference.

Article III 5.3. Other Regulations

5.3.1 Wood Burning Appliances

5.3.2 Toilet Facilities during construction
work.

5.3.3 Fee Deferral: Low- and ModerateIncome Housing

5.3.4 Fee Credit Bank: Low- and
Moderate-Income Housing

5.3.5 Fee Credit Bank: Commercial and
Industrial Development Projects.

5.3.6 Seismic Hazards Identification
Program.

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Chapter 5
Article I – Chapter 5.2. Administration

5.1.1 Application.

This chapter is applicable within the city limits of the City of Fairfield. This chapter shall apply to all new construction, alterations, repairs, relocations, or reconstruction of any building or structure or any portion thereof, including any electrical, mechanical, gas, plumbing, or fire protection equipment installed on any property or used on or within any building; including Article III of this chapter as may be applicable.

5.1.2 Purpose and authority.

The purpose of this article is to adopt by reference the 2025 edition of the California Building Standards Code, Title 24 of the California Code of Regulations, subject to the definitions, clarifications, and amendments set forth in this chapter. The purpose of this chapter is also to provide minimum requirements and standards for the protection of the public safety, health, property, and welfare of the City of Fairfield. The ordinance codified in this chapter is adopted under the authority of the California Government Code section 50022.2 and the California Health and Safety Code section 18941.5.

5.1.3 Administration chapter adopted.

Chapter 1, division I and division II of the California Building Code (CBC), volume 1, 2025 edition, is hereby adopted in its entirety, as amended below, as the administrative provisions of chapter 5 of the Fairfield Municipal Code. Chapter 1; division II, sections R105.2 through 105.2.2 and R106 of the California Residential Code (CRC), 2025 edition, are additionally hereby adopted, as amended below, as further administrative provisions of this chapter as applicable to projects subject to the California Residential Code, as defined in section 101.2 of the California Building Code.

5.1.4 Administration chapter amended.

Chapter 1, division II of the California Building Code, 2025 edition, and Chapter 1, division II, sections R105.2 through 105.2.2 and R106.1.1 of the California Residential Code, 2025 edition, adopted in section 5.1.3, are hereby amended as set forth in sections 5.1.4.1 through 5.1.4.11.

5.1.4.1 Title.

Section 101.1 - Title. Replace Section 101.1 of the CBC with the following:

Section 101.1 - Title.

These regulations of Chapter 5 of the City of Fairfield shall be known as the City of Fairfield Building and Housing Code, hereinafter referred to as “this code”.

5.1.4.2 Other laws.

Section 102.2 - Other laws. Add the following subsection to section 102.2 of the CBC:

Section 102.2.1 Conflicts with other laws or rules.

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In the event of any conflict between this code and any law, rule, or regulation of the State of California, that requirement that establishes the higher standard of safety shall govern. Failure to comply with such a standard of safety shall be a violation of this code.

5.1.4.3 Permits.

Section 105.1 - Required. Add the following subsection to section 105.1 of the CBC:

Section 105.1.3 Demolition.
(A) No wrecking or demolition of any building or structure shall be started until the person who will accomplish such wrecking, or demolition has obtained all necessary permits and has complied with all the provisions of this code.
(B) Prior to the start of any demolition work on any building or structure, all utilities to such building or structure shall be properly disconnected. Utility disconnection shall be performed or supervised by the proper governmental agency or utility company affected. Sewer laterals shall be capped at the property line and its location marked for identification. (C) Prior to the issuance of a building permit or encroachment permit, and the start of any demolition or wrecking work on any building, structure, or property, the wrecker must obtain an Acknowledgment Letter from the Bay Area Air Quality Management District. (D) The permittee shall take all necessary precautions to adequately protect adjacent properties, structures, and occupants.
(E) The permittee shall fill all excavation levels with adjoining grades not later than ten (10) days after a building or structure is demolished.
(F) The permittee shall provide all protection necessary to prevent damage to public property and shall be liable for the cost of repair or replacement of all damaged public property, including but not limited to, streets, sidewalks, alleys, streetlights, fire hydrants, and all other public utilities or structures located on public property.
(G) All debris, building material, and rubbish must be removed from the property not later than ten (10) days after the building or structure is razed. (H) All dust resulting from wrecking or demolition operations shall be immediately settled by wetting the same with water of sufficient quantity to prevent the dust from leaving the site of the demolition or wrecking project. Demolition shall be stopped during periods of high winds that carry the dust from the site before it can be settled by wetting. The permittee shall be responsible for maintaining clean public streets during such operations. The permittee must obtain the necessary encroachment permits for any work done on public property. The permittee shall wash off public property to remove all silt and dust but must not enter the storm drain system. To prevent such material from entering the storm drain, the permittee shall properly pond the gutter to permit such material to settle, and it shall then be cleaned up and hauled away. This procedure shall be followed in accordance with the requirements and policies of the Public Works Department and the Clean Water Act.
(I) The permittee shall submit evidence of having liability insurance prior to approval and or commencement of any work.

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Section 105.1 - Required. Add the following subsection to section 105.1 of the CBC:

Section 105.1.4 Moved buildings.

No person shall move any building or structure into, from, or within the City, or cause same to be done, without first obtaining from the Building Official, a separate permit for each building or structure. Application for each permit shall be made to the Building Official in writing on a form furnished for such purpose. Each application shall contain the following:
(A) Name and address of the owner of the building.
(B) The location from which such a building is to be moved. (C) Recent photographs showing at least three sides of each building. (D) The name and address of the person who will move the building. (E) The location to which such a building is to be moved. (F) A plot plan of the new location, indicating dimensions and locations of the existing and proposed building, yards, and setbacks.
(G) An agreement by the applicant to perform the work necessary to make the building, when relocated, comply with, and conform to all applicable building laws of the State and of the city. (H) An agreement that the site from which the building or structure is moved will, within a time fixed, be cleared of all garbage, rubbish, and waste matter, and leveled or barricaded to eliminate any hazards to persons or property in a manner prescribed by the Building Official. (I) Approval from Community Development Department, Planning Division. (J) Approval from Public Works Department, Engineering Division. (K) Subsections F and G shall not apply when the building or structure is being moved outside the City.
(L) A permit shall not be issued for the moving of any building or portions thereof into or upon any public property or right-of-way of the City unless the permittee has secured public liability insurance, submitted proof of such insurance, and has obtained approval from the Public Works Department.

Section 105.2 - Work exempt from permit: Replace, Building: Item 1, in section 105.2 of the CBC with 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 (11.15 m2), the structure meets setback and height limitation requirements as outlined in chapter 25 of the Fairfield Municipal Code.

Section 105.2 - Work exempt from permit: Replace, Building: Item 9 in section 105.2 of the CBC with the following:

Building: 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches (457 mm) deep, are not greater than 5,000 gallons, (18,925L), and are installed entirely above ground.

Section 105.2 - Work exempt from permit: Add the following to section 105.2 of the CBC:

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Building: 14. Repairs to roof covering not exceeding a total of 100 square feet within any 12- month period.

Section 105.2 - Work exempt from permit: Add the following to section 105.2 of the CBC:

Building: 15. Where projects are subject to the CRC, as defined in section 101.2 of the CBC, the exemptions in sections R105.2 through R105.2.2 of the CRC may be applied.

Section 105.3 - Application for permit. Add the following to section 105.3.1 of the CBC:

Section 105.3.1.1 – Conditions of issuance. Except as provided in "Exception 1", below, or by City Council action, or by recorded fee deferral agreement between the City and permittee, or meeting the provisions of Section 5.3.3 of the City Code, a building permit shall not be issued for any structure until:
(A) All applicable fees, including, but not limited to, purchase of water meter, construction water, sewer, and water connection fees, park and recreation fees, school impact fees, school development fees, school mitigation fees, construction license tax, Solano County facilities fee and those special charges for each facility described in the reimbursement agreements identified in Sec. 6B.6 of the City Code are paid.
(B) Any contractor or subcontractor who applies for permits to do work on said structure holds a current business license to do work in the city.
(C) Where an application for a building permit includes electrical, mechanical, and or plumbing work, a single permit shall be issued for all work specified in the application, except for commercial and industrial projects, where separate electrical, plumbing, or mechanical permits may be issued. (D) No person to whom a permit has been issued shall transfer, assign, or convey such permit to another person for the purpose of completing the work for which the permit was issued. When the permittee to whom the permit has been issued no longer has a vested interest in the project or is no longer responsible for the project or work covered by the permit, the permit shall automatically become null and void. No person shall proceed with such a project or work without first obtaining a new permit.

A permit to do or, to cause to be done, any work regulated by this code shall be issued only to persons holding a valid contractor's license issued by the State of California authorizing said person to undertake such work or to a person exempt from the contractor's licensing requirements of the State of California.

Exception:

The director of community development may reduce the amount of the park and recreation fees, water connection fees, construction license tax, purchase of water meters, and or other fees described in Section 105.3.1.1 above by the amount of the annual increase in those fees ("the incremental increase") under the following circumstances:
(a) The project for which a building permit is being applied was previously issued building permit(s) which have expired.
(b) Construction under the previously issued permit(s) began but was not completed. (c) The project has been the subject of foreclosure, receivership, bankruptcy, or other similar proceedings.

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(d) The applicant for the building permit(s) demonstrates to the satisfaction of the community development director,that payment of the incremental increase substantially decreases the possibility that the construction of the project will be completed. (e) The community development director determines that the project's state of partial construction creates a nuisance or otherwise provides an unsafe environment for the citizens of Fairfield.
(f) Upon written request by the applicant, the applicant may request credit for existing infrastructure already installed at the site. The community development director may authorize credit or a reduction in a fee or fees based on the existing infrastructure or impact. If authorized, in no case shall credit be granted more than the current fee or applied to different fees.

The community development director shall condition any reduction of fees pursuant to this Exception upon the applicant's completion of the project within a time certain.

Section 105.3.2 - Time limitation of application. Replace section 105.3.2 of the CBC with the following section:

Section 105.3.2 - Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned and expired one year after the date of filing or a permit has been issued. If an application has been pursued in good faith, an applicant who requests in writing prior to the expiration qualifies for a single one-year extension. Upon approval of the building official, a second one-year extension may be granted with just cause. The fee for a permit extension shall be as prescribed in the building division fee schedule.

Section 105.5 - Expiration. Replace section 105.5 of the CBC with the following section:

Section 105.5 - Expiration.

Unless otherwise authorized or restricted, every permit issued by the chief building official under the provisions of this code shall expire and become null and void one year from the date of issuance. The chief building official may issue a permit for a lesser period when necessary to abate dangerous or substandard conditions. The chief building official may grant up to a maximum of two one-year extensions of an unexpired permit to any permittee who submits a request in writing, demonstrating justifiable cause for granting the extension. The fee for a permit extension shall be as prescribed in the building division fee schedule.

Before any work can be recommenced on an expired permit, a new permit shall be obtained.

All work done under a new permit shall comply with the most current edition of the codes in effect at the time a new permit for the remaining work is applied for and shall apply to that permit through the point of completion or expiration, whichever occurs first.

Expired permits may be granted a one-time administrative 90 day extension upon approval of the chief building official, provided that the project has received all required inspections except for the final inspection approval. The fee for an administrative permit extension shall be as prescribed in the building division fee schedule.

5.1.4.4 Submittal documents.

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Section R106 - Construction documents.

This section applies only where projects are subject to the California Residential Code, as defined in section 101.2 of the California Building Code.

Section R106 - Construction documents. Add the following to subsection R106.1.1 of the CRC:

Where applicable, the construction documents shall provide the information specified in Section 1603 of the California Building Code.

Section R106 - Construction documents. Add the following subsection to section R106.1.1 of the CRC:

Section R106.1.1.1 - Residential standard plans.

Subsequent standard plans applied for off a previously approved master plan, require another application and master plan when the standard plan differs from the prior set of master plans that were submitted; including but not limited to: different subdivision, design review changes, different topography, different soil conditions, construction detail changes, and/or the building is different in any respect. Plan review fees of standard plan submittals shall be as prescribed in the building division fee schedule.

5.1.4.5 Inspections.

Section 110 - Inspections. Add the following to section 110.1 of the CBC:

Except where special inspection is specified in chapter 17 of the CBC, the chief building official may authorize alternative inspection procedures requiring declarations from duly licensed professionals.

Section 110 - Inspections. Delete the exception from section 110.3.5 of the CBC.

5.1.4.6 Certificate of occupancy.

Section 111.1 - Use and occupancy. Add the following to section 111.1 of the CBC:

Certificates of occupancy will not be issued without approval of all applicable agencies, the city fire department, and or other city departments when such departments have conditions of approval made part of the permit. Such a certificate shall not be issued until compliance with all city requirements has been met. Occupying or using a structure without this approval shall constitute a violation of this code and will be deemed a safety hazard and or a public nuisance.

Section 111.2 - Certificate issued. Add the following to section 111.2 of the CBC:

The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the chief building official.

Exception: The certificate of occupancy need not be posted in Group R-3 occupancies or their associated accessory structures.

5.1.4.7 Appeals.

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Section 113 – Board of appeals. Replace the phrase “board of appeals” with “building appeals board.”
Section 113.1 – General. Replace the phrase “board of appeals” with “building appeals board.” Section 113.2 - Limitations on authority. Add the following to section 113.2 of the CBC:

Appeals of decisions of the chief building official shall be submitted to the building division on forms provided by the division and shall be accompanied by a non-refundable fee as required by the building division fee schedule. All appeals shall be filed within ten calendar days of the date of the decision of the chief building official, except as otherwise noted herein.

Add the following subsection to section 113 of the CBC:

Section 113.4 - Members. Five building official members of the Napa-Solano Chapter of the International Code Council (NSICC), chosen on a case-by-case basis, shall serve as building appeals board members for the City of Fairfield. The NSICC, an organization of building officials, building inspectors, and construction industry personnel, was formed in 1978 to help maintain consistent and uniform code enforcement and code interpretation within the jurisdictions of Napa and Solano counties. Building Officials from jurisdictions within Napa and Solano counties and neighboring counties are members of the NSICC. Building Official members of the NSICC are well-versed in the technical and administrative provisions of construction codes. In appeals of decisions of disabled access, a minimum of two members shall be CASp certified or certified by the International Code Council in disabled access. The chief building official of the City of Fairfield or designee shall be ex-officio, non-voting member.

5.1.4.8 Violations.

Section 114.1 - Unlawful acts. Add the following to section 114.1 of the CBC:

Any person, firm, or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, although the first offense may be handled as an infraction pursuant to the City of Fairfield Municipal Code, chapter 1, article I, section 1.7. Each such person shall be deemed guilty of a separate offense for each violation and for every day or portion thereof during which any violation of any of the provisions of this code is committed, continued, or permitted.

Upon proof of any such violations, the penalty shall be punished by either a fine not exceeding $2,000 per occurrence, or imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment (misdemeanor), or as an infraction, with a fine not to exceed $500 per day per violation. Any penalties under this or other codes do not waive any requirements for code compliance.

Section 114.4 - Violation penalties. Add the following subsectionsto section 114.4 of the CBC:

Section 114.4.1 – Investigation fees.

Whenever any work for which a permit is required under the provisions of this code is started or proceeded with, prior to obtaining a permit, a special investigation shall be made before a permit may be issued for such work. In addition to the permit fee, an investigation fee equal to the number of hours worked to obtain compliance, times the building division’s current adopted hourly fee

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schedule, shall be collected. The payment of the investigation fee shall not exempt any person from fully complying with the provisions and requirements of the code in the execution of the work nor from any other penalties prescribed by law and shall be in addition to the building permit and plan review fees.

Section 114.4.2 - Violation recordation.

When any building is constructed, altered, converted, or maintained in violation of the provisions of this article, the enforcement agency, after giving the owner written notice and a reasonable time to correct the violation, may petition the City Council for authorization to record a notice of the violation in the recorder’s office.

The petition shall be filed in triplicate with the City Clerk and shall set forth the facts giving rise to such violation.

Upon receipt of the petition, the City Clerk shall set a date for a hearing on the petition by the City Council and shall mail a copy of the petition and notice of the hearing to the owner responsible for the violation.

In passing upon such petition, the City Council shall determine the truth of the allegations of such petition and shall determine whether a notice of the violation shall be recorded by the City Clerk in the recorder’s office.

5.1.4.9 Expedited permit process for small residential rooftop solar systems.

Add the following section to the CBC:

Section 120 - Expedited permit process for small residential rooftop solar systems.

A. Purpose and Intent. The purpose of this section is to provide an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014, California Government Code Section 65850.5) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This section encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install solar energy systems. This section allows the city to achieve these goals while protecting public health and safety.

B. Definitions. As used in this section:
“Electronic submittal” means the utilization of electronic submittal via the internet. “Reasonable restrictions” on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
“Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance” means:

1. For water heater systems or solar swimming pool heating systems: an amount exceeding 10% of the cost of the system, but in no case, more than $1,000, or decreasing the efficiency of the solar energy system by an amount exceeding 10%, as originally specified and proposed, provided said proposal meets code requirements.

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2. For photovoltaic systems: an amount not to exceed $1,000 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10% as originally specified and proposed, provided said proposal meets code requirements. “Small residential rooftop solar energy system” means all the following:

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

2. 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 designated from time to time.

3. A solar energy system that is installed on a single- or duplex-family dwelling or residential accessory structure.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.
“Solar energy system” has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or designated from time to time.
“Specific adverse impact” means a significant, quantifiable, direct, 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.

C. Applicability.

1. This section applies to the permitting of all small residential rooftop solar energy systems under the jurisdiction of the city.

2. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in this section are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

D. Solar Energy System Requirements.

1. All small residential rooftop solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the City.

2. Solar energy systems for heating water in single-family residences shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

3. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

E. Applications and Documents.

1. All documents required for the submission of an expedited solar energy system application shall be made available on the City website.

2. Electronic submittal of the required permit application and documents by the Internet shall be made available to all small residential rooftop solar energy system permit applicants.

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3. The City’s building division shall adopt and post on the City’s website a standard plan and checklist of all requirements (“Expedited Application Requirements”) with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. Said plan and checklist shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.

4. Prior to submitting an application, the applicant shall:
a. Verify to the applicant’s reasonable satisfaction, through the use of standard engineering evaluation techniques, that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and
b. At the applicant’s cost, verify to the city’s reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground, and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads.

F. Permit Review and Inspection Requirements.

1. An application that satisfies all the expedited application requirements, as determined by the chief building official or designee shall be deemed complete.

2. Once deemed complete, the building division shall issue a building permit, the issuance of which is nondiscretionary, on the same day for over-the-counter applications or within one to three business days for electronic applications. The issuance of said permit does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider’s electricity grid until inspected and authorization to do so has been granted by the chief building official or designee. The applicant is further responsible for obtaining such approval or permission to connect from the local utility provider.

3. Only one inspection shall be required and performed by the building division for small residential rooftop solar energy systems eligible for expedited review. The inspection shall be done in a timely manner and may include a consolidated inspection by the building official and fire marshal (where applicable), and/or their designated representatives. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized, however, the subsequent inspection need not conform to the requirements of this subsection.

4. If the building official determines an application is incomplete, the chief building official or designee shall issue a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance. Said written correction notice shall be issued within five business days of the date of determination of an incomplete application.

5. The chief building official or designee may require an applicant to apply for a limited review permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact on public health and safety. Such a decision may be appealed by the applicant to the CDD director subject to the provisions of subsection G.

6. If a limited review permit is required, the chief building official may deny such application if it makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no

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feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. “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. The city shall use its best efforts to ensure the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance. Such findings shall include the basis for the rejection of the potentially feasible alternative for preventing the adverse impact. Such a decision may be appealed by the applicant to the CDD director subject to the provisions of subsection G.

7. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

G. Appeals.

1. The applicant may appeal decisions rendered pursuant to subsection (F)(4) or (F)(5) upon payment of the appeal fee, submittal of an appeal application to the CDD front counter within ten (10) calendar days of the date of the decision.

2. The decision of the CDD director on an appeal is final.

5.1.4.10 Expedited permit process for electric vehicle charging stations.

Add the following section to the CBC:

Section 121 - Expedited permit process for electric vehicle charging stations.

A. Applicability. This section applies to applications for expedited building permits for electric vehicle charging stations consistent with California Government Code Section 65850.7.

B. Definitions

1. 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 and delivers electricity from a source outside of an electric vehicle into a plug-in electric vehicle.

2. Electronic submittal means the utilization of electronic submittal via the internet.

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

C. Electric vehicle charging station permit application checklist

1. The Building Official shall have a checklist of all application requirements for expedited building permits for electric vehicle charging stations. The checklist shall substantially conform to the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” found in the Zero-Emission Vehicles in California: Community Readiness Guidebook published by the Governor’s Office of Planning and Research.

2. The checklist, application form, and any other documents required for the submission of an electric vehicle charging station application shall be made available on the publicly accessible City website.

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3. Anyone seeking to install an electric vehicle charging station at any site within the city may apply to the building official for an expedited nondiscretionary building permit.

4. An application for an expedited building permit for an electric vehicle charging station, and all associated documentation, may be submitted to the building official in person, by mail, or by electronic submittal. Electronic signatures may be used in lieu of wet signatures.

D. Permit application review

1. An application that, in the opinion of the building official, satisfies the information requirements of the checklist shall be deemed complete.

2. If an application is deemed incomplete, the building official shall provide a written correction notice of the deficiencies and the additional information required to complete the application.

3. If the building official determines that an application for an expedited building permit is complete, the building official shall process the application. If the building official determines that the proposed charging station meets all applicable code requirements and would not have a specific, adverse impact on public health or safety, the application shall be approved, and a building permit shall be issued.

4. If the building official finds, based on substantial evidence, that a proposed charging station could have a specific, adverse impact on public health or safety, the building official shall require the applicant to resubmit for an “electric vehicle charging station use permit” to install the proposed charging station.

5. Upon resubmission, the electric vehicle charging station use permit shall be reviewed by the building official. If the building official issues the “electric vehicle charging station use permit”, the permit may include conditions designed to mitigate or avoid the specific, adverse impact on public health and safety. The building official shall not deny such an application without making written findings, based upon substantial evidence in the record, that the proposed charging station would have a specific, adverse impact upon the public health or safety which could not feasibly be satisfactorily mitigated or avoided. The written findings required for the rejection of an electric vehicle charging station use permit application shall include the building official’s basis for rejecting any potentially feasible alternatives that could mitigate or prevent the alleged adverse impact. Pursuant to Government Code Section 65850.7, the building official’s review shall be limited to health and safety issues. Aesthetic concerns or other items not related to public health or safety shall not be considered.

6. A decision of the building official made pursuant to paragraphs 3-5 of this subsection may be appealed to the Planning Commission within 10 calendar days from the original date of the decision. The Planning Commission’s review shall be subject to the same limitations as that of the building official, and only health and safety issues may be considered.

7. Any condition imposed on an application for an expedited building permit or electric vehicle charging station use permit shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

5.1.4.11 Safety Assessment Placards.

Add the following section to the CBC:

Section 122 - Safety Assessment.

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This Section establishes standard placards to be used to indicate the condition of a structure related to the safety of occupancy. This Section further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.

The provisions of this Section are applicable to all buildings and structures of all occupancies regulated by the City of Fairfield.
“Safety assessment” means a visual, non-destructive examination of a building or structure for the purpose of determining the condition for safe continued occupancy.

The following are descriptions of the official jurisdiction placards to be used to designate the condition for continued safe occupancy of buildings or structures.

INSPECTED (green placard) – Occupancy is permitted. This placard will be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.

RESTRICTED USE (yellow placard) – Occupancy is limited. This placard will be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms, the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

UNSAFE (red placard) – Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered.

The name of the jurisdiction, its address, phone number, and date of posting shall be noted on each placard.

Once it has been attached to a building or structure, a placard is not to be removed, altered, or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm, or corporation to alter, remove, cover, or deface a placard unless authorized pursuant to this Section.

Article II – Chapter 5.2. Codes Adopted and Amended

5.2.1 Adoption of California Building Standards Codes.

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The following publications are hereby adopted by reference and incorporated in this article, except as expressly amended or superseded by the provisions of this article. The 2025 Triennial Edition of Title 24, California Code of Regulations (CCR), consisting of the following parts:

Part 2 - California Building Code; Part 2.5 - California Residential Building Code; Part 3 - California Electrical Code; Part 4 - California Mechanical Code; Part 5 - California Plumbing Code; Part 6 - California Energy Code; Part 7 – California Wildland Urban Interface Code; Part 8 - California Historical Building Code; Part 9 - California Fire Code (as amended in chapter 8 of the City of Fairfield municipal code); Part 10 - California Existing Building Code; Part 11 - California Green Building Standards Code (CalGreen Code); Part 12 – California Referenced Standards Code.

5.2.2 Building Code adopted.

Adopt the California Building Code, 2025 edition, volumes 1 and 2, based on the 2024 International Building Code, as published by the International Code Council (ICC), as adopted and amended by the California Building Standards Commission, the Department of Housing and Community Development, and other agencies listed in chapter 1, division I of the CBC, where the city is the enforcing authority or the authority has been delegated to the city by these agencies in the California Building Code, California Code of Regulations, title 24, part 2, including, the adoptions of Chapter 31, section 3109, Appendix C (Group U - Agricultural Buildings), and Appendix J (Grading).

5.2.3 Building Code amended.

The California Building Code adopted in Section 5.2.2 is modified, amended, and or supplemented as set forth in Sections 5.2.3.1 through 5.2.3.9.

5.2.3.1 Definitions.

Section 202 - Definitions. Add the following to section 202 of the CBC:

Bedroom: A room that meets the minimum dimension, area, and height requirements for a habitable room as specified in California Building Code section 1208 or California Residential Building Code sections R304 and R305 that has an adjoining area or space that may be utilized as a closet whether or not the room is actually utilized for sleeping purposes.

5.2.3.2 Building addresses.

Section 502.1 - Address identification. Replace section 502.1 of the CBC with the following section:

Section 502.1 - Address identification.

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not be spelled out. Numbers and letters shall be a minimum 4-inch letter height, ½ inch stroke, reflectorized, and contrast with their background; or a minimum 5-inch letter height, ½ inch stroke, and contrast with their background. Address identification shall be maintained at all times, including throughout the construction process of new and or remodeled buildings.

5.2.3.3 Factory-built chimneys and fireplaces
Section 718.2.5.1 - Factory-built chimneys and fireplaces. Add the following to section 718.2.5.1 of the CBC:

Enclosures for factory-built metallic chimneys used for solid fuel-burning appliances shall also be separated from habitable space (conditioned or unconditioned) and attic space by the installation of materials approved for a minimum 1-hour fire-resistive construction on the chimney side of the enclosure (e.g., 5/8” type “X” sheetrock installed in accordance with this code and the latest edition of the Fire Resistance Design Manual for Gypsum Systems).

5.2.3.4 Automatic sprinkler systems
Section 903.2 – Where required. Add the following to section 903.2 of the CBC:

Or as amended in Chapter 8 of the City of Fairfield Municipal Code.

5.2.3.5 Efficiency dwelling units.

Section 1208.4 - Efficiency dwelling units. Replace section 1208.4 of the CBC with the following:

Section 1208.4 - Efficiency dwelling units.

Efficiency dwelling units shall comply with the following:

1. The unit shall have a living space with a minimum floor area of not less than 150 square feet. An additional 100 square feet (9.3 m2) 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. For other than Accessible, adaptable dwelling units, the unit shall be provided with a kitchen sink, cooking appliance, and refrigerator, 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.

5.2.3.6 Fire Classification.

Section 1505.1.3 – Roof coverings within all other areas. Add the following to section 1505.1.3 of the CBC:

Roof coverings used on all buildings located at elevations of 100 feet or more above sea level shall be Class B fire-resistive rated unless in a designated high fire area. All high fire areas shall have a class A roof covering.

5.2.3.7 Requirements for roof coverings.

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Section 1507.8 – Wood shingles. Add the following to section 1507.8.5 of the CBC: Wood shingles shall be a fire-resistive treated material and shall be tested and listed with a minimum of a Class B assembly rating. Wood shake shingles are not allowed in high fire areas.

Section 1507.9– Wood shakes. Add the following to section 1507.9.6 of the CBC:

Wood shakes shall be a fire-resistive treated material as approved for a Class B assembly or greater. Wood shake shingles are not allowed in high fire areas.

5.2.3.8 Swimming Pools, Spas, and Hot Tubs.

Section 3109.2 – California swimming pool safety act. Repeal and replace the Health and Safety Code Section 115922, noted in section 3109.2 of the California Building Code, with the following section:

Section 3109.2 – California swimming pool safety act, Subsection 115922. 115922. (a) Except as provided in California Health and Safety Code section 115925, when a building permit is issued for the construction of a new swimming pool or spa, or any building permit is issued for the remodeling of an existing pool or spa, at a private single-family home, the pool or spa shall contain safety features as required in either subsection (1) or (2) below. (1) The pool must be surrounded by a permanent enclosure that isolates the pool or spa from the home which meets the requirements of California Health and Safety Code section 115923 and shall also be equipped with one of the following other safety features for each pool or spa:
(A) An approved safety cover, as defined in subdivision (d) of section115921.
(B) An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 “Standard Safety Specification for Residential Pool Alarms”, which includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature. (C) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME). (2) The pool must be surrounded by a permanent enclosure that is either, a perimeter property enclosure, or an enclosure that utilizes a portion or portions of the residence (including an attached garage) as part of the enclosure, meeting the requirements of California Health and Safety Code section 115923. In addition to the enclosure noted in this section, each pool or spa shall also be equipped with two of the following other safety features:

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(A) Removable mesh pool fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self-closing and selflatching and can accommodate a key lockable device. (B) An approved safety cover, as defined in subdivision (d) of section115921. (C) Exit alarms on the single-family home’s doors that provide direct access to the swimming pool or spa. The exit alarm may either cause an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.” (D) A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on a single-family home’s doors providing direct access to the swimming pool or spa.
(E) An alarm that, when placed in a swimming pool, spa, or hot tub, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 “Standard Safety Specification for Residential Pool Alarms,” which includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature. (F) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME). (b) Prior to the issuance of approval to plaster, the building department shall inspect the drowning safety prevention devices required by this code and if no violations are found, approval to plaster shall be given. Prior to final, the building department shall again inspect the drowning safety prevention devices required by this code and if no violations are found, shall give final approval.

Section 3109.2 – California swimming pool safety act, Subsection 115923.

Repeal and replace the Health and Safety Code Section 115923, noted in section 3109.2 of the California Building Code, with the following section:

Section 3109.2– California swimming pool safety act, Subsection 115923. 115923. An enclosure shall have all the following characteristics:
(a) Any access gates through the enclosure shall open away from the pool or spa and be selfclosing with a self-latching device placed no lower than 60 inches above the ground, except as allowed or required in items (f) through (h) below.
(b) A minimum of 60 inches in height.
(c) A maximum vertical clearance from the ground to the bottom of the enclosure of two inches.
(d) Gaps or voids, if any, do not allow the passage of a sphere equal to or greater than four inches in diameter.

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(e) An outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over.
(f) Gates, other than pedestrian access gates, can be non-self-closing and non-self-latching where equipped with lockable hardware or padlocks and the gate shall remain locked at all times when not in use. A permanent sign shall be permanently attached to and posted on any non-self-closing and non-self-latching gate that may provide access to a pool or spa, which reads: “This access to be kept locked at all times.” (g) Driveway gates that are part of the enclosure shall be electronically operated and shall automatically close within one minute of being opened.
(h) Gates that open parallel with the enclosure are allowed where equipped as noted in item (f) or (g) above.

In all cases, owners/occupants shall always maintain all required enclosures and safety features.

5.2.3.9 Grading.

Section J103.2 Exemptions. Replace Exemption 1 in section J103.2 of the CBC with the following:

Exemption 1. Grading less than 50 cubic yards, where such grading does not create a cut or fill in excess of 3 feet, does not impact a neighboring property, does not alter drainage, is not in a flood plain or floodway, or is not in a wetland or other protected area.

5.2.4 Residential Building Code adopted.

Adopt the California Residential Building Code, 2025 edition, based on the 2024 International Residential Building Code as published by the International Code Council (ICC), as adopted and amended by the Department of Housing and Community Development in the California Building Standards Code, California Code of Regulations, title 24, part 2.5 including, the adoption of Appendix AZ (Emergency Housing).

5.2.5 Residential Building Code amended.

The California Residential Building Code adopted in section 5.2.8 is modified, amended, and or supplemented as set forth in sections 5.2.5.1 through 5.2.5.7.

5.2.5.1 Definitions.

Section 202 - Definitions. Add the following to section 202 of the CRC:

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5.2.5.2 Efficiency dwelling units.

Section R304 - Minimum Room Areas. Add the following to section R304:

Section R304.5 - Efficiency dwelling units.

Efficiency dwelling units shall comply with the following:

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

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

5.2.5.3 Site addresses.

Section R319 - Address identification. Replace section R319 of the CRC with the following section:

Section R219.1 - Address identification.

Buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position on the subject building that is visible from the street or road fronting the property. Whenever the address on the building will not be clearly visible from the public street or access road fronting the property, and or the address is more than 150 feet from the street (e.g., driveways over 150 feet in length), the address shall also be placed at the public street or access road in a manner that is clearly visible from both directions of travel on the frontage road or street. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Numbers and letters shall be a minimum 4-inch letter height, ½ inch stroke, reflectorized, and contrast with their background; or a minimum 5-inch letter height, ½ inch stroke, and contrast with their background. Address identification shall be maintained at all times, including throughout the construction process of new and or remodeled buildings.

5.2.5.4 Fire classification.

Section R902.1.2 – Roof coverings in all other areas. Add the following to section R902.1.3 of the CRC:

Roof coverings used on all buildings located at elevations of 100 feet or more above sea level shall be Class B fire-resistive rated.

5.2.5.5 Requirements for roof coverings.

Section R905.7 – Wood shingles. Add the following to section R905.7.4 of the CRC:

Wood shingles shall be a fire-resistive treated material as approved for a Class B assembly. Wood shake shingles are not allowed in high fire areas.

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Section R905.8 – Wood shakes. Add the following to section 905.8.5 of the CRC:

Wood shingles shall be a fire-resistive treated material and shall be tested and listed with a minimum of a Class B assembly rating. Wood shake shingles are not allowed in high fire areas.

5.2.5.6 Factory-built chimneys and fireplaces
Section R1005.3 – Solid-fuel appliances. Add the following to section 1005.3 of the CRC:

5.2.5.7 Emergency Housing
Section AZ103.3 – Occupant Load. Section AZ103.3, Exception 3 is replaced with the following:

Exception 3. For emergency housing, including emergency sleeping cabins, the minimum interior floor area may be reduced to 50 square feet. The minimum 50 square-foot floor area shall not include closets, sanitation, and or cooking facilities. The floor area shall be increased as required to accommodate sanitation and cooking facilities or they may be provided separately at the same location as approved by the Chief Building Official.

Section AZ104.1 – Emergency Sleeping Cabins. Add the following provision to Section AZ104.1:

Emergency sleeping cabins, the minimum interior floor area may be reduced to 50 square feet.

The minimum 50-square foot floor area shall not include, closets, sanitation, and or cooking facilities. The floor area shall be increased as required to accommodate sanitation and cooking facilities or they may be provided separately at the same location as approved by the Chief Building Official.

5.2.6 Electrical Code adopted.

Adopt the California Electrical Code (CEC), 2025 edition, based on the 2023 National Electrical Code as published by the National Fire Protection Association (NFPA) and as adopted by the State Building Standards Commission in the California Code of Regulations, title 24, part 3.

5.2.7 Electrical Code amended.

The California Electrical Code (CEC) adopted in section 5.2.11 is modified, amended, and or supplemented as set forth in sections 5.2.7.1 through 5.2.7.3.

5.2.7.1 Requirements for electrical installations.

Section 110.1 – Scope. Add the following to section 110.1 of the CEC:

The chief building official may withhold or disconnect power from any dangerous building, as defined in the Code, or due to other hazardous condition(s).

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5.2.7.2 Temporary power.

Section 590.1 – Scope. Add the following to section 590.1 of the CEC:

Temporary electrical service may be authorized only during periods of construction or repair of a structure for which a valid permit has been issued, or where the conditions of approval only authorize temporary service.

5.2.7.3 Unsafe electrical panels.

Section 110.2 – Approval. Add the following to section 110.2 of the CEC:

Section 110.2.1 – Unsafe electrical panels. Any Federal Pacific or Zinsco electrical panels shall be replaced when any work is proposed on the electrical system. The city may also require investigation or replacement of any electrical system or component where there is evidence of potential issues with the electrical system.

5.2.8 Mechanical Code adopted.

Adopt the California Mechanical Code and appendices, 2025 edition, based on the 2024 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials and as adopted by the California Building Standards Commission, the Department of Housing and Community Development, and other agencies listed in chapter 1, where the city is the enforcing authority or the authority has been delegated to the city by these agencies in the in California Code of Regulations, title 24, part 4.

5.2.9 Plumbing Code adopted.

Adopt the California Plumbing Code (CPC) and appendices, 2025 edition, chapter 1, division II and the appendices thereto, based on the 2024 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials and as adopted by the California Building Standards Commission, the Department of Housing and Community Development, and other agencies listed in chapter 1, where the city is the enforcing authority or the authority has been delegated to the city by these agencies in the in California Code of Regulations, title 24, part

5. 5.2.10 Plumbing code amended.

The California Plumbing Code (CPC) adopted in section 5.2.9 is modified, amended, and or supplemented as set forth in sections 5.2.10.1 through 5.2.10.2.

5.2.10.1 Installation, Testing, Unions, and Locations
Section 609.3 – Under concrete slab. Delete section 609.3 of the CPC and replace it with the following:

Section 609.3 – Under slab.

No water piping shall be installed in or under a concrete slab floor or in or on the ground under any building or structure without submitting and obtaining approval through an alternate methods and materials request addressing corrosion and or pipe fracture from settlement.

5.2.10.2 Cleanouts
Section 719.1 – Location. Add the following to section 719.1 of the CPC:

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In addition to the cleanouts required in this code, a cleanout shall be required for all new or replacement sewer lines at or near the property line at the junction with the building sewer and the sewer main lateral. This cleanout shall be installed per City standard specifications and must be brought to grade and installed in a yard box. All other exterior cleanouts shall be made accessible by yard boxes or extending flush with grade with approved materials and be adequately protected.

5.2.11 Energy Code adopted.

Adopt the California Energy Code, 2025 edition, as published by the International Code Council (ICC) and adopted by the California Building Standards Commission in the California Building Standards Code, California Code of Regulations, title 24, part 6.

5.2.12 California Wildland Urban Interface Code Adopted.

Adopt the California Wildland Urban Interface Code, 2025 edition, as published by the International Code Council (ICC) as adopted and amended by the California Building Standards Commission in the California Building Standards Code, California Code of Regulations, title 24, part 7.

5.2.13 Historical Building Code adopted.

Adopt the California Historical Building Code, 2025 edition, as published by the International Code Council (ICC) and adopted by the California Building Standards Commission in the California Building Standards Code, California Code of Regulations, title 24, part 8.

5.2.14 Existing Building Code adopted.

Adopt the California Existing Building Code, 2025 edition, based on the 2024 International Existing Building Code, as published by the International Code Council (ICC) and adopted by the California Building Standards Commission in the California Building Standards Code, California Code of Regulations, title 24, part 10.

5.2.15 California Green Building Standards Code adopted.

Adopt the California Green Building Standards Code, 2025 edition, as adopted and amended by the California Building Standards Commission in the California Building Standards Code, California Code of Regulations, title 24, part 11.

5.2.16 California Referenced Standards Code adopted.

Adopt the California Referenced Standards Code, 2025 edition, as published by the International Code Council (ICC) as adopted and amended by the California Building Standards Commission in the California Building Standards Code, California Code of Regulations, title 24, part 12.

5.2.17 International Property Maintenance Code adopted.

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Adopt the International Property Maintenance Code, 2024 edition, published by the International Code Council (ICC), as a supplement to the California Health and Safety Code and Title 25 of the California Code of Regulations.

5.2.18 Secondary codes and standards adopted as supplemental reference. The following codes and standards are adopted as supplemental and may be used by the chief building official in accordance with California Building Code sections 104.10 and 104.11 in a caseby-case review process:

A. International Building Code, 2024 edition published by ICC, and the International Residential Code, 2024 edition published by ICC.

B Part 9, California Fire code (as amended in chapter 8 of the city of Fairfield municipal code) of the California Code of Regulations.

C. The latest edition of the following: International Swimming Pool and Spa Code, Uniform Swimming Pool Code, Spa, and Hot Tub Code; published supplements to the International Codes; the International Fuel Gas Code; the Uniform Sign Code; IBC and IRC Appendix Chapters; National Fire Protection Association Standards; the Uniform Solar Energy and Hydronics Code; California Solar Permitting Guide Book; American National Standards, published by American National Standards Institute, Inc.; and other applicable nationally recognized Standards.

Article III – Chapter 5.3. Other Regulations

5.3.1 Wood Burning Appliances.

5.3.1.1 Applicability.

A. All wood-burning appliances installed in new residential units or wood-burning appliances being added to or replacing wood-burning appliances in existing residential units shall comply with this section.

B. All wood-burning appliances installed in new commercial buildings or wood-burning appliances being added to or replacing wood-burning appliances in existing commercial buildings shall comply with this ordinance. Commercial buildings shall include, but not be limited to, hotels and restaurants.

C. Gas fireplaces shall be exempt from this ordinance. However, the conversion of a gas fireplace to burn wood shall constitute the installation of a wood-burning appliance and shall be subject to the requirements of this ordinance.

D. An existing wood-burning appliance shall comply with this ordinance if (1) it is reconstructed, or (2) additions, alterations, or repairs are made to the appliance that requires opening up immediately adjacent walls.

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5.3.1.2 Definitions.

A. "Bay Area Air Quality Management District" means the air quality agency for the San Francisco Bay Area pursuant to California Health and Safety Code Section 40200.

B. "E.P.A." means the United States Environmental Protection Agency.

C. "E.P.A. certified wood heater" means any wood heater that meets the standards in Title 40, Part 60, Subpart AAA, Code of Federal Regulations in effect at the time of installation and is certified and labeled pursuant to those regulations.

D. "Fireplace" means any permanently installed masonry or factory-built wood-burning appliance, except a pellet-fueled wood heater, designed to be used with an air-to-fuel ratio greater than or equal to 35 to 1.

E. "Garbage" means all solid, semi-solid, and liquid wastes generated from residential, commercial, and industrial sources, including trash, refuse, rubbish, industrial wastes, asphaltic products, manure, vegetable or animal solids and semi-solid wastes, and other discarded solid and semi-solid wastes.

F. "Gas fireplace" means any device designed to burn natural gas in a manner that simulates the appearance of a wood-burning fireplace.

G. "Paints" means all exterior and interior house and trim paints, enamels, varnishes, lacquers, stains, primers, sealers, undercoatings, roof coatings, wood preservatives, shellacs, and other paints or paint-like products.

H. “Paint solvents" means all organic solvents sold or used to thin paints or to clean up painting equipment.

I. "Pellet-fueled wood heater" means any wood-burning appliance that operates exclusively on wood pellets.

J. "Solid fuel" means wood or any other non-gaseous or non-liquid fuel.

K. "Treated wood" means wood of any other species that has been chemically impregnated, painted, or similarly modified to improve resistance to insects or weathering.

L. "Waste petroleum products" means any petroleum product other than gaseous fuels that have been refined from crude oil, has been used, and as a result of use, has been contaminated with physical or chemical impurities.

M. "Wood burning appliance" means fireplace, wood heater, pellet-fired wood heater, or any similar device burning any solid fuel used for aesthetic or space-heating purposes.

5.3.1.3 General Requirements.

A. It shall be unlawful to install a wood-burning appliance that is not one of the following: (1) a pellet-fueled wood heater; (2) an EPA-certified wood heater; or (3) a fireplace certified by EPA should EPA develop a fireplace certification program.

B. It shall be unlawful to use any of the following prohibited fuels in a wood-burning appliance:
(a) Garbage
(b) Treated wood
(c) Plastic products
(d) Rubber products

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(e) Waste petroleum products
(f) Paints
(g) Organic paint solvents
(h) Coal
(i) Glossy or colored papers
(j) Particleboard
(k) Saltwater driftwood
(l) Plywood

5.3.1.4 Enforcement.

Any person who plans to install a wood-burning appliance must submit documentation to the building department of the City of Fairfield demonstrating that the appliance is a pellet-fueled wood heater, an EPA-certified wood heater, or a fireplace certified by EPA should EPA develop a fireplace certification program.

Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punishable as provided by law.

5.3.2 Toilet facilities during construction work.

Any contractor having charge of or doing construction work within the city or any person doing construction work or causing construction work to be done within the city in connection with which workmen are on the premises involved shall provide on the premises or immediately adjacent thereto, as approved by the building department, sanitary toilet facilities, which shall consist of flush-type toilets properly constructed and connected in an approved manner to an existing sanitary sewer, or properly constructed and maintained chemical-type toilets.

5.3.3 Fee Deferral: Low- and Moderate-Income Housing.

5.3.3.1 Purpose.

The purpose of this Section is to establish a mechanism to facilitate the production of quality housing for low- and moderate-income citizens of Fairfield by granting a deferral of the payment of the fees collected at the time a building permit is issued.

5.3.3.2 Definitions.

For the purposes of this Section, the following phrases shall be defined as follows:
(A) "Fee Deferral" means a postponement of the payment of certain fees due to the City of Fairfield prior to the issuance of a building permit by the ordinances and resolutions of the City of Fairfield as more fully described in Section 5.3.3.9. (B) “Eligible Projects” means those projects fulfilling the criteria outlined in Sections 5.3.3.3 and 5.3.3.4.
(C) "Financial Gap" means a documented deficiency in the Eligible Project’s initial financing, such as the lack of available capital or the inability to service the additional debt that precludes payment of fees prior to issuance of a building permit.

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(D) "Median Household Income" means the median household income for the Fairfield/Suisun area that is determined annually by the U.S. Department of Housing and Urban Development.

5.3.3.3 Eligibility.

A housing project must comply with each of the following criteria to make an application for a Fee Deferral pursuant to Section 5.3.3.5:
(A) The housing project developer must enter into a written agreement with the City of Fairfield to maintain long-term affordability as more fully described in Section 5.3.3.4; and (B) The design of the housing project must not distinguish in outward appearance or quality between the affordable and market-rate units.

5.3.3.4 Affordability.

A housing project must comply with the following affordability criteria to make an application for a Fee Deferral pursuant to Section 5.3.3.5:
(A) For a multi-family project in which the units are intended for individual rental, either (a) or (b); and (c) and (d):
(a) At least 50% of the units must be affordable to and reserved for households with incomes of 120%or less of the Median Household Income.
(b) At least 25%of the units must be affordable to and reserved for households with incomes of 80% or less of the Median Household Income.
(c) The affordability restrictions on the units must be recorded on the property for a minimum of 55 years; and
(d) The project must have an on-site manager, or the developer must submit a management plan, for approval by the City, detailing how the project will be managed for approval by the City.
(B) For a multi-family project in which the units are intended for individual sale, either (a) or (b); and (c):
(a) At least 50% of the units must be affordable to and reserved for households with incomes equal to or less than 120% of the Median Household Income. (b) At least 25% of the units must be affordable to and reserved for households with incomes equal to or less than 80% of the Median Household Income; and (c) For those units with affordability restrictions for owner-occupants, the restrictions must be recorded on the property for a period of not less than 45 years. (C) For a single-family project in which the unit is intended for sale:
(a) The unit must be affordable to and reserved for households with incomes equal to or less than 120 percent of the Median Household Income; and (b) For those units with affordability restrictions for owner-occupants, the restrictions must be recorded on the property for a period of not less than 45 years.

5.3.3.5 Fee Deferral Application.

The developer of an Eligible Project may submit an application to the Community Development Director for a Fee Deferral. The application shall include a description of the project in sufficient

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detail to demonstrate compliance with the criteria set forth in Sections 5.3.3.3 and 5.3.3.4; an explanation of the Financial Gap, and, for a rental housing project, the developer’s authorization and instruction to the appropriate lender or escrow company, to allow fees which are deferred to be paid directly to the City of Fairfield from the proceeds of the permanent construction financing

5.3.3.6 Selection of Project to Receive Fee Deferral.

The Director of Planning and Development shall have the authority to grant a Fee Deferral to an Eligible Project.

5.3.3.7 Fee Deferral Due and Payable.

All Fee Deferrals shall be due and payable at the time of closing of the project’s permanent loan or transfer or within 30 months of the issuance of the building permit, whichever comes first.

5.3.3.8 Enforcement.

The Director of Planning and Development shall require the developer of a housing project which receives a Fee Deferral to enter into a written agreement with the City of Fairfield for the Fee Deferral at the time the Fee Deferral is granted, prior to the issuance of a building permit shall be recorded against the property as a tax lien enforceable in accordance with the laws of the State of California.

5.3.3.9 Fees to Which Fee Deferrals May Apply.

The ordinances and resolutions of the City of Fairfield require that certain fees are payable prior to the issuance of a building permit, which includes but are not limited to fees imposed by the Uniform Building Code as incorporated into Chapter 5 of the Fairfield City Code. The Director of Planning and Development shall provide the applicant with a Fee Deferral with a complete list of fees, which are eligible for the Fee Deferral.

Nothing in this section shall be construed to impose any category of fees upon a housing project which has not been imposed by an ordinance or resolution of the City of Fairfield.

5.3.4 Fee Credit Bank: Low- and Moderate-Income Housing.

5.3.4.1 Purpose.

The purpose of this Section is to establish a mechanism to facilitate the production of quality housing for low and moderate-income citizens of Fairfield by establishing a fee credit bank to hold unused fee credits for future development of affordable housing. The fee credits shall come from dwelling units that are demolished and either not replaced or replaced with a structure that does not use all the credits available from the structure that was demolished. Fee credits shall be solely used to reduce the price of affordable housing units.

5.3.4.2 Definitions.

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For purposes of this Section, the following phrases shall be defined as follows:
(A) "Fee Credit" means a credit to be applied to certain fees due to the City of Fairfield prior to the issuance of a building permit by the ordinances and resolutions of the City of Fairfield, as more fully described in Section 5.3.4.11.
(B) “Eligible Projects” means those projects fulfilling the criteria outlined in Sections 5.3.4.6 and

5.3.4.7. (C) "Eligible Property" means those properties fulfilling the criterion outlined in Section 5.3.4.3. (D) "Financial Gap" means documented evidence that the impact of the fees on the project cost would result in the housing not being affordable to households specified in Section 5.3.4.7; and (E) "Median Household Income" means the median household income for the Fairfield/Suisun area that is determined annually for the Fairfield/Suisun area by the U.S. Department of Housing and Urban Development.

5.3.4.3 Eligibility to Donate Credits.

A property must comply with the following criteria to be eligible to donate credits. (A) For residential property, the site must contain one or more dwelling unit(s) that is (are) demolished and not replaced; and
(B) For commercial property, the site must contain structures that are demolished and either not replaced or replaced with a structure that does not use all of the credits available from the structure that was demolished.

5.3.4.4 Donation of Credits.

The owner of the Eligible Property must donate Fee Credits by entering into a written agreement with the City of Fairfield signing over the credits to the Fee Credit Bank.

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5.3.4.5 Calculation of Credits.

Calculation of credits shall be based on documentation in the files of the Building Safety Division of the Community Development Department relative to the square footage, number of bedrooms, size of water meters contained in the building that was demolished, or other units of measure required to calculate the subject fee. In cases where this documentation does not exist, the credits shall be determined based on the minimum allowed size of a like-kind dwelling unit as established by the Zoning Ordinance or California Residential or Building Code (as applicable), whichever is greater.

5.3.4.6 Eligibility to Apply for Credits.

A housing project must comply with each of the following criteria to make an application for a Fee Credit pursuant to Section 5.3.4.8:
(A) The housing project developer must enter into a written agreement with the City of Fairfield to apply the cost reduction from the Fee Credits to reduce the cost of the housing and to maintain long-term affordability as more fully described in Section 5.4.4. (g); and (B) For multi-family projects, the design of the housing project must not distinguish in outward appearance or quality between the affordable and market-rate units.

5.3.4.7 Affordability.
(A) A single-family dwelling housing project must comply with the following affordability criteria in order to make an application for a Fee Credit pursuant to Section 5.4.4(h):
(B) For a multi-family project in which the units are intended for individual rental, either (a) or (b); and (c):
(a) At least 50% of the units must be affordable to and reserved for households with incomes of 120%or less of the Median Household Income; or (b) At least 25 percent of the units must be affordable to and reserved for households with incomes of 80% or less of the Median Household Income; and (c) The affordability restrictions on the units must be recorded on the property for a minimum of 55 years; and
(C) For a multi-family project in which the units are intended for individual sale:
(a) At least 50% of the units must be affordable to and reserved for households with incomes equal to or less than 120% of the Median Household Income. (b) At least 25% of the units must be affordable to and reserved for households with incomes of 80% or less of the Median Household Income; and (c) For those units with affordability restrictions for owner-occupants, the restrictions must be recorded on the property for a period of not less than 45 years. (D) For a single-family project in which the unit is intended for sale:
(a) The unit must be affordable to and reserved for households with incomes equal to or less than 120% of the Median Household Income; and
(b) The affordability restrictions for owner-occupants must be recorded on the property for a period of not less than 45 years.

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5.3.4.8 Fee Credit Application.

The developer of an Eligible Project may submit an application to the director of community and economic development for a Fee Credit. The application shall include a description of the project in sufficient detail to demonstrate compliance with the criteria set forth in Sections

5.3.4.6 and 5.3.4.7 and an explanation of the Financial Gap which necessitates the use of fee credits.

5.3.4.9 Selection of Project to Receive Fee Credits.

The director of community and economic development shall have the authority to grant the Fee Credits to an Eligible Project. The Director shall award the Fee Credits to projects that best meet the needs of the City of Fairfield for an increased supply of affordable housing.

5.3.4.10 Record of Fee Credits.

The director of community and economic development shall maintain all records pertaining to the Fee Credit Bank. The Building Division of the Department of Public Works shall also maintain Fee Credit information in the files of the Eligible Property donating the Fee Credits and the Eligible Project receiving the Fee Credits.

5.3.4.11 Fees to Which Fee Credits May Apply.

Fee Credits may include but are not limited to fees imposed by the Uniform Building Code as incorporated into Chapter 5 of the Fairfield Municipal Code. The director of community and economic development shall provide the applicant requesting fee credits, with a complete list of fees that are eligible from the Fee Credit Bank.

5.3.5 Fee Credit Bank: Commercial and Industrial Development Projects.

5.3.5.1 Purpose.

The purpose of this Section is to establish a mechanism to facilitate economic development within the City by granting credits for the payment of certain fees normally collected at the time a building permit is issued, and which are not otherwise authorized by Section 5.3.4.

5.3.5.2 Definitions.

For purposes of this Section, the following phrases shall be defined as follows:
(A) "Director" means the director of community and economic development. (B) "Applicant" means an owner of industrial or commercial property. (C) "Fee Credit" means a credit to be applied to certain fees due to the City of Fairfield in connection with a development project prior to the issuance of a building permit, as more fully described in Section 5.3.5.10.
(D) "Eligible Project" means a development project fulfilling the criteria outlined in Section

5.3.5.5, and which is not eligible for a fee credit under Section 5.3.4. (E) "Fee Credit Bank" means the account of the city for holding Fee Credits. (F) "Commercial and Industrial Properties" means a place that is primarily utilized for the conduct of commercial or industrial activities, including those uses allowed pursuant to Section

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25.22 and Section 25.24 of the Zoning Ordinance, and other retail and service commercial uses with low to moderate traffic volumes.
(G) "Financial Deficiency" means a deficiency in the Eligible Project’s initial financing, a lack of available capital to finish the Eligible Project, and the inability to service additional debt. (H) "Economic Impact" means a projected positive financial effect that the Eligible Project may have on the City of Fairfield’s economy.

5.3.5.3 Donation of a Fee Credit.

A property owner is eligible to donate a Fee Credit to the Fee Credit Bank under the following conditions:
(A) For commercial and industrial properties, the owner holds property that contained one or more structures that have been demolished and either not replaced or replaced with one or more structures that require the payment of fees in an amount less than the fees paid, or would have been due, in connection with the structure that was demolished. (B) The owner enters into a written agreement with the City of Fairfield to transfer the credit for fees to the Fee Credit Bank.

5.3.5.4 Calculation of Credits.

Calculation of the amount of a Fee Credit shall be based on documentation in the files of the Building Division of the Community and Economic Development Department relative to the square footage, size of water meters contained in the building that was demolished, or other units of measure required to calculate the subject fee. In cases where this documentation does not exist, the Fee Credits shall be determined based on the minimum allowed size of a like-kind structure or the minimum unit of measure required to calculate the subject fee, as established by the Zoning Ordinance or California Building Code, whichever is greater. At all times, and in every case, the number of Fee Credits to be issued shall be subject to the availability of Fee Credits in the Fee Credit Bank.

5.3.5.5 Eligibility.

A development project must meet the following conditions for a developer to apply for a Fee Credit:
(A) The property must be located within the City of Fairfield city limits; and (B) A documented financial deficiency that poses a significant impediment to the development project; and
(C) Documented evidence that the economic impact of the development project will meet or exceed the amount of the Fee Credit; or
(D) Documented evidence that a commercial or industrial project will stimulate additional new business attraction, expansion of an existing business, job creation, an increase in the City’s tax base, or redevelop a property located with an address on North Texas Street, Texas Street, West Texas Street, or within the Heart of Fairfield Specific Plan Area, to be reasonably determined by the Director.

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5.3.5.6 Fee Credit Application.

A property owner may apply for a Fee Credit by submitting to the Director a description of the development project and documented evidence in sufficient detail to demonstrate compliance with the criteria set forth in Sections 5.3.5.5.

5.3.5.7 Selection of Development Project to Receive Fee Credits.

The Director shall have the authority to grant a Fee Credit to an applicant that demonstrates compliance with the criteria set forth in Section 5.3.5.5 and as determined at the sole discretion of the Director to best meet the needs of the City of Fairfield. The Director shall have the authority to determine the amount of such Fee Credit based on the documented evidence provided by the applicant, pursuant to Section 5.3.5.5.

5.3.5.8 Record of Fee Credits.

The Director shall maintain all records pertaining to the Fee Credit Bank. The Building Division of the Community and Economic Development Department shall maintain Fee Credit information for each property donating a Fee Credit and each property receiving a Fee Credit.

5.3.5.9 Fees to Which Fee Credits May Apply.

The Director shall prepare a complete list of fees that are eligible for the Fee Credit Bank. Such fees are those imposed by ordinance or resolution of the City and normally payable prior to the issuance of a building permit, including but not limited to, development impact fees collected under Article XI of Chapter 25 of the City Code (also known as AB 1600 fees) (not including Northeast Area Development Impact Fees under Section 25.1505), water connection fees collected under Chapter 22 of the City Code, and sewer connection fees collected under Chapter 15 of the City Code. A Fee Credit may only be applied to a fee imposed for the same purpose for which the city imposed the fee from which the Fee Credit is derived (for example a Fee Credit derived from the payment of a development fee to mitigate the impact of a development project on water facilities may only be applied to a fee due from the developer to mitigate the impact of the development project on water facilities).

5.3.5.10 Fee Credit Agreement.
(A) Upon approval of an application, the applicant shall enter into a Fee Credit Agreement with the City. Such Agreement shall, at a minimum, be property specific and provide for the enforcement of the provisions of this section. A single Agreement shall be entered into for each development project whether or not the applicant is the same for multiple projects. Authority to execute such Agreements on behalf of the City is hereby delegated to the City Manager or City Manager’s designee. The approval of an application shall not become effective until a Fee Credit Agreement is executed by both the applicant and the City. (B) Applicant must use and apply the Fee Credits towards the Eligible Project within twelve (12) months following the execution of the Fee Credit Agreement by the City. In the event that the Fee Credits are not used or applied towards the Eligible Project within 12 months following the execution of the Fee Credit Agreement by the City, the Fee Credits shall be immediately refunded to the City and the Applicant will be required to re-apply for Fee Credits.

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(C) The Agreement shall contain a legal description of the property affected, shall be recorded in the Office of the County Recorder of Solano County and, from the date of recordation, shall be enforceable against successors in interest to the property owner or lessee at the time of issuance of the building permit. The Agreement shall be recorded in the grantor-grantee index in the name of the City as grantee and in the name of the property owner as grantor. (D) The Agreement shall specify that any construction, alteration, demolition, installation or repay work done under contract is public work for the purposes of the Labor Code and shall be subject to all applicable laws, including but not limited to the payment of prevailing wages.

5.3.6 Seismic Hazards Identification Program

5.3.6.1 Purpose.

It is found that in the event of a strong or moderate local earthquake, loss of life or serious injury may result from damage to or collapse of buildings in the City of Fairfield. It is generally acknowledged that Fairfield will experience earthquakes in the future due to its proximity to both the San Andreas and Hayward faults. The purpose of this ordinance is to promote public safety by identifying those buildings in Fairfield which exhibit structural deficiencies and by accurately determining the severity and extent of those deficiencies in relation to their potential for causing loss of life or injury. The City Council finds it desirable to identify the hazards that these deficiencies may pose to occupants of buildings and pedestrians in the event of an earthquake.

Such a seismic hazards identification program is consistent with the state’s unreinforced masonry law of 1986.

5.3.6.2 Definitions.
(A) “Bearing wall means any wall supporting a floor or roof where the total superimposed load exceeds 100 pounds per linear foot, or any unreinforced masonry wall supporting its own weight when over 6 feet in height.
(B) “Building" for the purpose of determining occupant load, means any contiguous or interconnected structure; for purpose of an engineering evaluation, means the entire structure or portion thereof which will respond to seismic forces as a unit. (C) “Capacity for transfer" means the maximum allowable capacity of a structural system or connection to resist, in a ductile manner, the lateral forces it would encounter due to earthquake forces.
(D) “Civil engineer or structural engineer" means a licensed civil or structural engineer registered by the State of California pursuant to the rules and regulations of title 16, chapter 5 of the California code of regulations.
(E) “External hazard" means an object attached to or forming the exterior facade of a building that may fall onto pedestrians or occupants of adjacent buildings. Examples of this type of hazard include, but are not limited to, the following:

1. Nonstructural exterior wall panels, such as masonry infill or decorative precast concrete.

2. Parapets.

3. Marquees, awnings, or other roof-like projections.

4. Masonry or stone wall veneer.

5. Masonry chimneys.

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6. Tile roofing.

7. Wall signs and exterior lighting fixtures.

8. Fire escapes or balconies.
(F) “Geometry” means a building’s shape or configuration, including setbacks or wall/column lines, reentrant corners, discontinuities in vertical and horizontal lateral force diaphragms, open storefront and building stiffness variations due to the distribution of resisting elements or the use of materials of different properties within the same structural element, or other irregularities in plan or elevation.
(G) “Occupants" means the total occupant load of a building determined by the currently adopted California Building Code or the actual maximum number of occupants in that building if that number is less than 75% of the number determined by using the California Building Code.

The number of actual occupants may be documented by counting actual seating capacity if permanent seating is provided in the occupancy, or by employee and client counts which can be substantiated as a practical maximum use of the space in the building. The building official will establish the procedure for documenting occupant load.
(H) “Solution" means any justifiable method that will provide for the transfer of lateral forces through a system or connection to a degree that will substantially eliminate a potential collapse failure. A general description of the methods and materials to be used shall be included in sufficient detail to allow for a cost estimate of the solution to be made (i.e., adding shear walls, overlaying horizontal diaphragms, strengthening critical connections, etc.) (I) “Unreinforced masonry (URM)" building means any building containing walls constructed wholly or partially with any of the following materials:

1. Unreinforced brick masonry.

2. Unreinforced concrete masonry.

3. Hollow clay tile.

4. Adobe or unburned clay masonry.

5.3.6.3 Scope of program.
(A) Applicability. The building inspection department shall inspect the following types of buildings to create a list of buildings that by nature or extent of their structural deficiencies or deficiencies in anchoring could collapse or partially collapse:

I. Buildings constructed of unreinforced masonry (URM).

II. Buildings constructed prior to January 1, 1935.

III. Buildings constructed prior to August 1, 1976, approved for occupancy, or actually containing three 300 or more occupants.
(B) Owner Notification. The owners of buildings in the categories described in section 5.22 (a), except those designated by the State Historical Resources Commission as historical buildings, shall be notified within six months of enactment of this ordinance by the building inspection division, that their building could collapse or partially collapse as a result of either an earthquake or other act of nature. The chief building inspector shall cause the notice required by this section to be recorded against the subject property with the county recorder. (C) Exemption. The following buildings need not comply with this ordinance:

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Buildings that have been structurally upgraded in substantial accordance with the 1973 or later editions of the uniform building code and documentation of such upgrading is on file or submitted to the city building division.

5.3.6.4 Engineering Reports.
(A) Preparation of reports. Each owner of a building described in section 5.22(a) shall retain a civil or structural engineer to prepare the investigation and engineering report described in this section.
(B) Purpose. The purpose of the engineering report is to investigate, in a thorough and unambiguous fashion, a building’s structural systems which resist the forces imposed by earthquakes and to determine if any individual portion or combination of these systems is inadequate to prevent a structural failure (collapse or partial collapse). (C) General. Each building shall be treated as an individual case without prejudice or comparison to a similar type or aged building that may have greater or lesser earthquake resistance. Generalities or stereotypes are to be avoided in the evaluation process by focusing on the specifics of the structural system of the building in question and the local geology of the land on which the building is constructed.
(D) Level of Investigation. Some buildings will require extensive testing and field investigation to uncover potential structural deficiencies, while others will allow the same level of overall evaluation by a less complicated process due to the simplicity of design or availability of original or subsequent alteration design and construction documents.

It is the responsibility of the engineer performing the evaluation to choose the appropriate level of investigation which will produce a report that is complete and can serve as a sound basis for a conclusion on the collapse hazard the building may present. (E) Format for the Report. The following is a basic outline of the format each engineering report should follow. This outline is not to be construed to be a constraint on the professional preparing the report, but rather to provide a skeleton framework within which individual approaches to assembling the information required by the ordinance may be accomplished. It also will serve as a means for the city to evaluate the completeness of each report.

General Information. A description of the building that includes:
(1) The street address.
(2) The type of occupancy use with the building.
(3) A plan showing the square footage of each use.
(4) A plan showing the location, type, and extent of lateral force resisting elements in the building, horizontal & vertical.
(5) The date of original and any subsequent additions, or structural alterations of the building. (6) The name and address of the original designer and contractor, if known, for item (5).

Investigation and Evaluation of Structural Systems. All items to be investigated and the methods of investigation for each type of building under consideration are available from the city’s building inspection department.
(F) Test Reports. All field and laboratory test results shall be included in the report. Evaluation of the significance of these test results shall be made with regard to each structural system or typical connection being evaluated. This evaluation may be limited to a statement of the

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adequacy or inadequacy of the system or connection based on the lateral load demand it would be required to resist by calculation. If tests reveal inadequacy, a conceptual solution must be included in the report.
(G) Conclusion. Based on the specific evaluation items, a statement shall be provided explaining the overall significance of the deficiencies found to exist in the building’s lateral force resisting systems regarding potential collapse or partial collapse failure.

Recommendations. An appropriate solution, which could be used to strengthen the structure to alleviate any collapse or partial collapse threat, shall be specified. (H) Exceptions and Alternatives. Exceptions to the specific items required to be included in an engineering report may be granted by the Building Official upon review of a written request from the engineer preparing the report. Such a request shall provide evidence that adequate information concerning the required item(s) can be determined by alternate means or that a conclusion can be made about the item(s) without following the solution called for in the appropriate section. The purpose of granting such exceptions shall be to reduce the cost or disruption that would result from taking required actions when it can be shown that they are unnecessary to provide information available by other equivalent means. In no case will an exception be granted which would result in an item not being completely evaluated. The decision of the building official in granting an exception is final. (I) Reports for buildings in category I of section5.3.6.3 shall be submitted within one and one-half (1-1/2) years of receiving notice pursuant to section 5.3.6.3. Reports for buildings in category II of section 5.3.6.3 shall be submitted within two (2) years of receiving notice pursuant to section 5.3.6.3. Reports for buildings in category III of section 5.3.6.3 shall be submitted within two and one-half (2-1/2) years of receiving the notice pursuant to section 5.3.6.3.

5.3.6.5 Review of Reports.
a) The city may utilize the services of structural or civil engineers to assist the building official in determining if the submitted engineering reports conform to the requirements of this ordinance.
b) The cost of this review shall be recovered by a fee assessed from the building owner based on the time required for the review. This fee will be deducted from the plan review fee collected for any future construction work that deals directly with correcting any of the structural inadequacies specified in the engineering report.
c) Copies of the engineering reports shall be available to any interested individuals for a standard copying fee or may be reviewed in the building inspection department’s offices.

5.3.6.6 Responsibilities of Property Owners.
(A) Notification of Building Tenants. A building owner shall notify all tenants, in writing, that a structural investigation has been performed and that the report is available at the building inspection department’s offices. This notice must be sent within 30 days of the date the report is submitted to the City. A copy of the notice shall be sent to the building official of the City of Fairfield.
(B) Letter of Intent. A building owner shall submit a letter to the building official within one (1) year of the date of the report, required by section 5.23, indicating the owner’s intention for dealing with the potential collapse hazards found to exist in the building.

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A building owner shall complete the improvements required by the report submitted pursuant to section 5.3.6.4 within five years of the date the city approves the report pursuant to section

5.3.6.5. 5.3.6.7 Program status report to the city council.

The building official shall submit a report to the city council on the status of the seismic hazards identification program. The report shall include information regarding the number of buildings analyzed, the severity of the structural inadequacies discovered, and any action taken or to be taken by individual building owners to correct these inadequacies.

5.3.6.8 Report to the seismic safety commission.

The building official shall submit a report to the state seismic safety commission which shall include the following:
(A) A listing of the number of buildings identified and the total square footage, broken down by use.
(B) A summary of the mitigation program implemented by the City of Fairfield with copies of the program and any ordinances attached to the report.
(C) A summary of the status of the mitigation program listing the number of building owners notified, the number of buildings strengthened, and if the city offered any incentive programs to the building owners.

5.3.6.9 Remedies.

It shall be unlawful for the owner of a building identified as being included in the scope of this ordinance to fail to submit a report on either building collapse hazards or external hazards within the time period specified in section 5.3.6.4 or to fail to submit a letter of intent within the time period specified in section 5.3.6.6. The following remedies are available to the city:
(A) The city may seek injunctive relief on behalf of the public to enjoin a building owner’s violation of this ordinance.
(B) A building owner violating this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than $500 or by imprisonment for a term not to exceed 6 months, or by both such fine and imprisonment. Such building owner is guilty of a separate offense for each and every day during any portion of which such violation of this ordinance is committed continued or permitted by such building owner. (C) These remedies are not exclusive.

Section 2. This Ordinance shall be effective 30 days following its adoption by the City Council.

A summary of this Ordinance shall, within 15 days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 21st day of October 2025, and
PASSED AND ADOPTED this 18th day of November 2025, by the following vote:

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AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________ _________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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Agenda Item No: M.2

AGENDA REPORT
DATE: November 18, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Ordinance 2025-11 FD Fire Code Amendments
Amending Chapter 8 (Fire Protection) of the Fairfield City Code, Adopting by Reference California Code of Regulations, Title 24, Part 7, Part 9, Known as the 2025 California Fire Code, with Amendments to Reflect Local Conditions, and Adopting by Reference Certain Provisions of the 2024 International Fire Code
Funding Source: N/A
Contact: Steven Conti, (707) 428-7550

RECOMMENDED ACTION
Hold public hearing; provide second reading and adopt Ordinance 2025-11.

STATEMENT OF ISSUE
On January 1, 2026, the 2025 California Building Standards Code (2025 Code) will become effective in all cities and counties in the State, regardless of whether they adopt said Code. On July 1, 2025, publication of the California Building Standards Code set in motion the 180-day adoption cycle. Within this cycle period, California State law permits the adoption of the State Building Standards Code with local amendments. The State requires most amendments to be based upon local climatic, topographic, or geological conditions of the jurisdiction in the preservation of public health, safety, and welfare.

DISCUSSION
While the Public Works Department handles the bulk of the amendments of the California Building Code, the Fire Department handles adoption of Title 24, Part 7, Part 9, known as the California Fire Code, which is contained in Chapter 8 (Fire Prevention Code) of the Fairfield City Code.

The amendments to the Fire Code consider specific changes unique to the City of Fairfield, including all buildings greater than 3,600 square feet, shall be equipped, throughout, with an

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approved fully automatic fire sprinkler system. This requirement is due to the increased fire danger we face year-round and will help ensure future buildings have the necessary fire protection.

Adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 150611(b)(c). This exemption applies where it can be seen with certainty, there is no possibility that the activity in question may have a significant effect on the environment.

FINANCIAL IMPACT
No new financial impacts on the City of Fairfield are anticipated from the implementation of this ordinance.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Public hearing notices were published in the Daily Republic on Sunday, October 26, 2025, and Sunday, November 2, 2025.

ALTERNATIVE ACTION
The council may choose not to adopt the ordinance regarding the 2025 Code. If not adopted, the 2025 Code referenced herein will go into effect regardless, per the state mandate. However, it will not allow for local amendments to said codes to address the specific safety and well-being of the citizens of Fairfield.

COORDINATED WITH
City Attorney’s Office

STAFF CONTACT
Steven Conti, Fire Marshal
(707) 428-7550
[email protected]

ATTACHMENTS
Attachment 2: Proposed Ordinance

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CITY OF FAIRFIELD
ORDINANCE NO. 2025-11
AMENDING CHAPTER 8 (FIRE PROTECTION) OF THE FAIRFIELD CITY CODE, ADOPTING BY REFERENCE CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 7, PART 9, KNOWN AS THE 2025 CALIFORNIA FIRE CODE, WITH AMENDMENTS TO REFLECT LOCAL CONDITIONS, AND ADOPTING BY REFERENCE CERTAIN PROVISIONS OF THE 2024 INTERNATIONAL FIRE CODE THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 8, Article I of the Fairfield City Code is repealed in its entirety and replaced and amended as follows:
“Article I. Fire Prevention Code
Sec. 8.1 Adoption of the 2025 California Fire Code.

For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, those certain Codes and Standards known as the 2025 Building Standards Code, Title 24, California Code of Regulations, Part 7, Part 9 (2025 California Fire Code) in its entirety including Division II of Chapter 1, and including Appendices Chapters 4, A, B, BB, C, CC,D, H, & I are hereby adopted. Further, to the extent not inconsistent with the 2025 California Fire Code, Chapters 3, 5, 8, and Appendix D of the 2024 International Fire Code published by the International Code Council, Inc. are hereby adopted. These Codes and Standards are hereby adopted and incorporated as fully as if set out at length herein, save and except such portions as are deleted, modified, or amended by Section 8. 3 of this City Code. Said Codes and Standards are adopted by reference pursuant to Section 50022, et seq., of the Government Code of the State of California, and collectively shall be known as the Fire Code of the City of Fairfield.

8.2 Enforcement of the Fire Code.

The Fire Code shall be enforced by the Fire Chief or his or her designee.

8.3 Amendments, Additions and Deletions.

Notwithstanding the provisions of Section 8.1 of this City Code, the following sections and appendices of the Fire Code are amended as follows:

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Chapter 1
Administration
Chapter 1, Administration, is amended as follows:

Section 101. 1 is amended to read as follows:

Section 101. 1 Title. These regulations shall be known as the Fire Prevention Code of the City of Fairfield, hereinafter referred to as " this code." Section 102. 1 is amended by adding item (5) to state the following:

5. Where not otherwise limited by law, the provisions of this code shall apply to vehicles, ships, boats, trains, and mobile vehicles when said vehicles are fixed in a specific location within the boundaries of this jurisdiction.

Subsection 102. 7. 3 — Supplemental rules and regulations, is added to read as follows:
102.7. 3 Supplemental Rules and Regulations. The Fire Chief is authorized to render interpretations of this code and to make and enforce rules and supplemental regulations in order to carry out the application and intent of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this code and shall be available to the public during normal business hours. These rules and regulations shall be contained in the Fairfield Fire Department Prevention Standards, which shall hereinafter be referred to in this code as "Standards." Subsection 103. 3. 1— Fire Prevention Division Personnel and Police, is added to read as follows:
103. 3. 1 Fire Prevention Division Personnel and Police. The Fire Chief and personnel assigned to the Fire Prevention Division shall have the powers of a police officer in performing their duties under the following codes: California Fire Code, National Fire Codes, any fire or life safety sections of the California Building Code, Health and Safety Code, Public Resources Code, and other city, county, or state fire related laws or codes not specifically covered in any part of this code. When requested to do so by the Chief, the Chief of Police is authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of this code.

Subsection 103. 3. 2 — Peace Officers, is added to read as follows:
103. 3. 2 Peace Officers. The Fire Chief is authorized to designate a member, or members, of the fire department as a peace officer as described in Section 830. 37 and 853. 5 of the

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California Penal Code who shall enforce the Penal Code and California Fire Code. These police powers include the issuance of citations (Notice to Appear), powers of arrest and detention.

Subsection 104.2.1 – Fees, is added to read as follows:
104.2.1 Fees. The Fire Chief may establish a schedule of fees, as approved by the City Council, to be charged and collected for plan checking, required inspection services, and for the issuance of permits pursuant to Section 105 of this Code. In addition, this schedule may include a fire service fee to be charged to any person, firm, corporation or business that through negligence, violation of the law or as a result of carelessness is responsible for the cause of any fire service response to the scene of such an incident. A copy of the fee schedule shall be kept in the office of the City Clerk and the Office of the Fire Marshal and shall be available for public inspection.

Section 104. 2. 2 - Development Requirements, is added to read as follows:

Section 104. 2. 2. Development Requirements. This section shall be applicable whenever any land is developed, or a building is constructed or improved which would require:

1. Provision of a water supply for fire protection.

2. Provision of access for fire apparatus.

3. An occupancy for the storage, handling, or use of any hazardous substance, material process or device.

4. Occupancies for which a fire department has responsibility for enforcement of laws or ordinances for fire safety or for the preservation of property or lives; or

5. Provisions to control the spread of fire
Subsection 105. 6 — Required construction permits, is amended in its entirety as follows:
105. 6 Required construction permits. The fire code official is authorized to issue permits for work as set forth in Chapter 1, Sections 105. 6. 1 through 105. 6. 24. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a penalty fee may be assessed in addition to the regular permit fees.

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Subsection 105. 6. 11 — Gates and barricades across fire apparatus access roads, is amended to read as follows:
105. 6. 11 Security gates. A construction permit is required to install any gate, vehicular or pedestrian, that obstructs emergency access to a building or property.

Subsection 108. 2. 1— Inspection requests, is amended in its entirety to read as follows:
108. 2. 1 Inspection Requests. It shall be the duty of the permit holder to request an inspection not less than two business days before such inspection is desired. Such requests shall be submitted to the fire code official via writing, telephone, or email. It shall be the duty of the permit holder to provide access to and the means for inspection of such work that are required by this code.

Subsection 111. 1— Means of Appeals, is amended in its entirety to read as follows:
111. 1 Appeals. When it is claimed that the provisions of this code do not apply, or that the true intent and meaning of this code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Chief of the Fire Department to the City Manager within 30 days from the date of the decision of the Chief of the Fire Department.

The15(c Manager shall conduct the hearing within 30 days of receipt of any appeal and shall follow the hearing procedures outline in Fairfield Municipal Code sections 1.15(b),

1.15(c), 1.15(d), 1.15(e), and the entirety of section 1. 16.

Subsections 111. 2 and 111. 3 shall be deleted in their entirety.

Subsection 111. 4 – Administration, is amended in its entirety to read as follows:
111. 4 Administration. The fire code official shall take immediate action in accordance with the decision of the hearing officer appointed by the City Manager as outline in section 111.1.

Subsection 112.4, Violation penalties is amended in its entirety to read as follows: and 112. 4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, may be charged with either an infraction or misdemeanor at the discretion of the City Attorney or District Attorney of Solano County. Each day that a violation continues after due notice has been served may be deemed a separate offense.

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Subsection 112. 4. 1, Abatement of violation, is amended to read as follows:
112. 4. 1 Abatement of violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. Cost of abatement is the responsibility of the property owner and steps to recover those costs will be taken, up to and including a lien against the property. Property owners shall be notified of any action taken as soon as possible.

Subsection 112. 4. 2 — Infraction, is added in its entirety to read as follows:
112. 4. 2 Infraction. Persons operating or maintaining any occupancy, premises, or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction.

Subsection 112. 4.3— Misdemeanor, is added in its entirety to read as follows:
112. 4. 2 Misdemeanor. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the Chief or a duly authorized representative, or who violate the following sections of this code, shall be guilty of a misdemeanor:
112. 3. 2 Compliance with Orders and Notices
109. 6 Overcrowding
104. 12. 2 Obstructing operations
104. 12. 3 Systems and Devices
113. 4 Failure to comply
305. 4 Deliberate or negligent burning
308. 1. 2 Throwing or placing sources of ignition
310.7 Burning Objects
3107.4 Open or exposed flame
Section 113. 4 is amended to read as follows:
113. 4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for an infraction of not less than 100 dollars or more than $ 500 dollars, or a misdemeanor.

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Chapter 2
Definitions
Section 202 — General Definitions, is amended as follows:

Add the following definitions:

FIRE BREAK —A continuous strip of land, devoid of flammable vegetation, intended to prevent the spread of fire from one area to another.

FIRE TRAIL — An approved access road, including any concrete -lined erosion control or drainage ditch that allows fire personnel and equipment to suppress and prevent a surface extension of fire. Such trails shall be a minimum of 16 feet wide and shall not exceed a gradient determined to be unsafe by the Fire Chief.

Chapter 3
General Precautions against Fire
Subsection 304.1 – Waste Accumulation prohibited is amended by adding the following:

All properties shall be maintained in accordance with Chapter 23 of the Fairfield City Code – Weeds and Rubbish and with Fairfield Fire Prevention Standard #19-24 – Vegetation Management.

Subsection 307.6 is added to read as follows:
307.6 Materials. All materials used for bonfires, recreational fires, or in portable outdoor fireplaces shall be clean, uncontaminated wood, manufactured wood logs, or other such approved materials. Unapproved materials include, but are not limited to, contaminated wood, waste construction materials, garbage, yard waste and leaves, or other such materials that produce offensive or objectionable smoke emissions and are prohibited from use.

Section 324 — Unattended Vehicles, is added to read as follows:

Section 324 Unattended Vehicles. It shall be unlawful for anyone to leave unattended any vehicle loaded with hazardous materials ( as defined in Section 2402. 7 CVC), explosives, cryogens, compressed gas, flammable or combustible liquids in excess of 60 gallons, (not including fuel tank for engine) within 2, 000 feet of any residential or commercial area or any other area that is deemed unsafe in the opinion of the Fire Chief.

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Chapter 5
Fire Service Features
Subsection 503.1.2 is added to read as follows:
503.1.2.1 Access to open spaces. When access to open land/space or fire trail systems maintained for public or private use is obstructed by development of any kind, the developer/property owner shall provide alternate acceptable access into the area(s), as approved by the fire code official, for fire personnel and apparatus. The developer/property owner shall be responsible for maintaining this access in drivable condition at all times.

Subsection 503.2.4 -Turning radius is amended in its entirety as follows:
503.2.4 Minimum turning radius. A fire department access road shall have a minimum standard turning radius of 28 feet (8.5 m) inside and a 48-foot (14.6 m) outside diameter.

Subsection 503.2.7 Grade, is amended in its entirety as follows:
503.2.7 Grade. Fire department access roads shall have a maximum grade of 15% in accordance with City of Fairfield Public Works Standards relating to public streets.

Subsection 503.3 – Marking is amended by adding the following to the end of the paragraph:

All markings shall be in accordance with Fairfield Fire Prevention Standard #01-24-Fire Access Roads & Fire Lanes.

Subsection 503.6 – Security gates is amended by adding the following to the end of the paragraph:

Vehicular access gates or barriers shall be in accordance with Fairfield Fire Prevention Standard #02-24 – Access Gates.

Section 505 – Premises Identification.

Subsection 505.1 – Address numbers, is amended to add the following:

Any business which affords vehicular access to the rear through a driveway, alleyway, or parking lot, shall also display the building identification or address numbers on the rear of the building.

Address numbers shall be in accordance with Fairfield Fire Prevention Standard #11-24 – Building Identification.

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Subsection 505.3 is added to read as follows:
505.3 - Multi-family dwellings. At the main entrance driveway to each newly constructed multiple dwelling complex there shall be positioned an illuminated diagram (map) of the complex that lists all individual addresses of each unit in the complex. The design and location of the map shall be approved by the fire marshal.

Section 506 – Key Boxes. Subsection 506.3 is added to read as follows:
506.3 Business Plans. Facilities that are required to submit hazardous materials business plans may be required to install an approved document storage cabinet in a location approved by the fire code official.

Chapter 6
Building Services and Systems
Subsection 608.11.1.2 – Manual operation, is amended by adding the following:

The manual valves shall be located in an approved location immediately outside of the machinery room, in a secure metal box and marked as Emergency Controls.

Chapter 9
Fire Protection Systems
Subsection 901. 4.8 is added to read as follows:
901.4. 8 - Fire Control Room. An approved fire control room shall be provided for all buildings protected by an automatic fire extinguishing system. Fire control rooms shall meet the following requirements:

1. Fire control rooms shall contain only fire system control valves, fire alarm control panels and other related fire system equipment.

2. The location of the fire control room shall be approved by the fire code official.

3. Fire control rooms shall have minimum dimensions of five feet by seven feet.

4. Fire control rooms shall be constructed with a one-hour fire rating.

5. Fire control rooms shall be provided with an exterior access door approved by the fire code official.

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6. Durable signage shall be provided on the exterior side of the access door.

7. Storage of materials in fire control rooms is prohibited.

Exception: Group R- 3 Occupancies.

Subsection 903. 2 — Where required, is amended in its entirety to read as follows:
903. 2. Required locations. Regardless of any exception listed above or in the remainder of this code or the California Building Code, all buildings greater than three thousand -six hundred ( 3,600) square feet, shall be equipped, throughout, with an approved fully automatic fire sprinkler system.

Any existing building which was not required to be protected by an automatic fire sprinkler system, according to codes in effect at the time of its construction, shall have installed throughout the building, in accordance with NFPA 13, an automatic fire sprinkler system whenever any of the following conditions are met:

1. Alterations, repairs, or remodels. When the floor area of an alteration, repair or remodel exceeds 50% of the gross floor area of the existing building.

2. Additions. When the floor area of the addition shall increase the gross floor area of the existing building by 50%.

3. Change of occupancy. When there is a change in occupancy type, use or character of the building that results in an increased life safety or fire risk as determined by the Fire Chief.

Exception: Non- combustible, detached canopies open on four sides, not exceeding the basic allowable square footage in CBC Table 503, used exclusively for the parking or storage of private or pleasure vehicles and non- combustible storage (includes fuel islands).

Section 903. 3. 1. 2 NFPA 13R Sprinkler Systems, is deleted in its entirety.

Subsection 903. 3. 5. 1 Domestic services, is amended in its entirety as follows:
903. 3. 5. 1 Domestic water services shall only be used to supply NFPA 13D automatic sprinkler systems.

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Subsection 903. 3. 5. 2 Residential combination services, is deleted in its entirety.

Subsection 903. 4. 2 - Alarms, is amended to read as follows:
903. 4. 2 Alarms. One exterior approved audible alarm and visual strobe device, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler water -flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Visible alarm notification appliances shall not be required except when required by Section 907. A single approved audible alarm and visual strobe device shall be provided in the interior of the building in a normally occupied location within each space or dwelling unit and floor level, unless otherwise required by the California Fire Code.

Subsection 903. 6 Where required in existing buildings and structures, is amended in its entirety as follows:
903. 6 Any existing building which was not required to be protected by an automatic fire sprinkler system, according to codes in effect at the time of its construction, shall have installed throughout the building, in accordance with NFPA 13, an automatic fire sprinkler system whenever any of the following conditions are met:

1. Alterations, repairs or remodels. When the floor area of an alteration, repair or remodel exceeds 50% of the gross floor area of the existing building.

2. Additions. When the floor area of the addition shall increase the gross floor area of the existing building by 50%.

3. Change of occupancy. When there is a change in occupancy type, use or character of the building that results in an increased life safety or fire risk as determined by the Fire Chief.

Section 907. 6. 6 - Monitoring, is amended in its entirety as follows:
907. 6. 6 Monitoring. Fire alarm systems required by this chapter or by the California Building Code shall be monitored by a Central Station Service ( UUFX) that is listed in the current edition of the UL Online Certifications Directory unless otherwise required by the California Fire Code.

Combination Alarm Systems. Combination fire and burglar alarm systems are not

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permitted. Exception: Group R- 3 and R- 3. 1. ( Ord. 5758 § 5, 2016; Ord. 5258 § 6, 2013.) Chapter 56
Explosives and Fireworks
Subsection 5601.1.6 is added to read as follows:
5601.1.6 Prohibition. The use, sale and discharge of fireworks are prohibited.

1. Findings. The City Council finds that the sale, use and/or discharge in the City of Fairfield, whether classified as "dangerous fireworks" and/or "safe and sane fireworks" (pursuant to Health and Safety Code Sections 12500 et seq.), will endanger life and property, and may encourage the use and/or discharge of fireworks in neighboring jurisdictions where their sale, use and/or discharge are prohibited unless prohibited and/or regulated as set forth in this chapter.

2. Definitions. Any and all terms used in this chapter shall have the same meaning as defined in Health and Safety Code Section 12500 et seq. and shall govern the construction of this chapter.

3. Applicability of State Law. This chapter does not supersede State law, but is intended to supplement the provisions of Division 11, Part 2, of the Health and Safety Code (Sections 12500 et seq.) and the administrative regulations adopted pursuant to law, and to prohibit and/or regulate by local authority, as authorized by Health and Safety Code Section 12541, the sale, use, and/or discharge of fireworks in the City.

4. Sale, Use, Possession and/or Discharge Prohibited. No person or organization shall sell, use, possess and/or discharge in the City any fireworks, including, but not limited to, dangerous fireworks and safe and sane fireworks subject to the following exceptions:
a). A public display of fireworks, including, but not limited to, dangerous fireworks and safe and sane fireworks in the City provided that the person or organization is properly licensed and strictly complies with all applicable provisions of this chapter, all regulations adopted by the Fire Chief, all City resolutions and ordinances, all provisions of the Health and Safety Code, and receives authorization of the fire code official for the public displays of fireworks.
b). Any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use, or religious ceremonies when authorized by a permit granted by the fire code official and is classified as "exempt fireworks" in the Health and Safety Code.

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Appendix D
Fire Apparatus Access Roads
Subsection D103. 2 - Grade, is amended in its entirety as follows:

D103. 2 Fire apparatus access roads shall not exceed 15 percent in grade. Exception:

Grades steeper than 15 percent must be approved by the fire code official.

Subsection D103. 6 - Signs, is amended in its entirety as follows:

D103. 6 Signs. Where required by the fire code official, fire apparatus access roads shall be marked with permanent NO PARKING — FIRE LANE signs complying with Fairfield Fire Prevention Standard #01-24 —Designated Fire Lanes.

Subsection D107. 1 - One- or two-family dwelling residential developments, is amended as follows:

D107. 1 One- or two-family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads or approved by the fire code official.

SECTION 2. This Ordinance shall be effective 30 days following its adoption by the City Council or January 1, 2026, whichever is later.

SECTION 3. A summary of this Ordinance shall, within fifteen (15) days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 21st day of October 2025; and

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PASSED AND ADOPTED this 18th day of November 2025, by the following vote:

AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _____________________________________________________ ABSENT: MEMBERS: _____________________________________________________ ABSTAIN: MEMBERS: _____________________________________________________ _____________________________________________________
MAYOR
ATTEST:
_____________________

CITY CLERK

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Agenda Item No: M.3

AGENDA REPORT
DATE: November 18, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Continued Ordinance 2025-13 PW Repeal and Replace Chapter 22 of the Municipal Code
Repeal and Replace Chapter 22 of the Fairfield Municipal Code in its Entirety Funding Source: N/A
Contact: Michael J. Hether, (707) 428-7485

RECOMMENDED ACTION
N/A

STATEMENT OF ISSUE
This item has been continued to the City Council meeting of December 2, 2025.

DISCUSSION
N/A

FINANCIAL IMPACT
N/A

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Staff published a notice of public hearing in the Daily Republic newspaper on November 5, 2025.

An additional public hearing notice will be published in the Daily Republic newspaper indicating that the new public hearing date will be December 2, 2025.

ALTERNATIVE ACTION
N/A

COORDINATED WITH
City Attorney’s Office

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STAFF CONTACT
Michael J. Hether, Assistant Public Works Director - Utilities (707) 428-7485
[email protected]

ATTACHMENTS
N/A

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Fairfield City CouncilNovember 18, 2025

Fairfield City Council
November 18, 2025