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ORDINANCE NO. XX-2025
AN ORDINANCE OF THE CITY OF FREMONT ADDING CHAPTER 8.85
OF FREMONT MUN ICIPAL CODE TO ADOPT A N EXTERIOR
ELEVATED ELEMENTS ORDINANCE
WHEREAS, the City occasionally initiates amendments to the Fremont Municipal Code (FMC) to clarify, add, or amend certain provisions to ensure that the local regulations remain current with Federal and State law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and
WHEREAS, the Legislature adopted the Building standards , decks and balconies:
inspection bill of 2018 (SB 721) which requires the inspection of exterior elevated elements and associated waterproofing elements for buildings with three or more multi-family dwelling units by a qualified professional, completion of an inspection report and necessary repairs every six years; and
WHEREAS, the Legislature adopted the Common Interest Developments , decks and balconies: inspection bill of 2019 (SB 326) which requires the inspection of exterior elevated elements and associated waterproofing elements in common interest developments with three or more dwelling units by a qualified professional, completion of an inspection report and necessary repairs every nine years; and
WHEREAS, the Legislature adopted an amendment to Section 17973 of the Health and Safety Code, relating to business and professions : inspection bill of 2024 (AB 2579) which extended the deadline for initial inspection of multi-family dwelling units until January 1, 2026.
The bill would also provide that no new inspection is required until January 1, 2026, if the property was inspected within 3 years prior to January 1, 2019, as specified; and WHEREAS, State law enables the City to enact an ordinance to implement the Exterior Elevated Elements laws and impose requirements that are stricter than those set by state law (California Health and Safety Code § 17973(o) and California Civil Code § 5551(n)); and WHEREAS, this proposed FMC amendment to Title 8 (Health and Safety) is intended to implement the requirements of SB721 and SB326; and
WHEREAS, the City Council did hear and consider all said reports, recommendations, and testimony herein above set forth and used its independent judgment to evaluate the project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. FMC CHAPTER 8.85 ADDED
Chapter 8.85 (Exterior Elevated Elements) of Fremont Municipal Code Title 8 (Health and Safety), is added to read as follows:
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Sec. 8.85.010 Title.
This Ordinance shall be known as the Exterior Elevated Elements Ordinance.
Sec. 8.85.020 Purpose and Intent
The purpose of this chapter is to establish exterior elevated elements standards that:
(a) Implement the requirements of Senate Bill (SB) 721 (2018) (California Health & Safety Code § 17973) and SB 326 (2019) (California Civil Code § 5551) intended to maintain the structural integrity of exterior elevated elements of multi-family residential buildings; and
(b) Adopt regulations for the City to implement and enforce these requirements.
Sec. 8.85.030
Definitions. Whenever the following terms are used in this chapter, they shall have the meaning established by this section:
(a) "Exterior Elevated Element" means the following types of structures and load bearing components, including their supports, associated waterproofing systems, and railings: balconies, decks, porches, stairways, walkways, and entry structures that extend beyond exterior walls of the building and which have a walking surface that is elevated more than six feet above ground level, are designed for human occupancy or use, and rely in whole or in substantial part on wood or wood-based products for structural support or stability of the exterior elevated element as defined now or hereafter in California Health and Safety Code § 17973(o) and California Civil Code § 5551(n).
Sec. 8.85.040 Applicability
Multi-family buildings with three or more units, including apartments and common interest developments, shall be subject to the requirements of this Chapter.
Sec. 8.85.050 Inspections
All buildings subject to this Chapter shall have the exterior elevated elements inspected as follows:
(a) Multi-family dwellings with three or more units: the first inspection of exterior elevated elements to be completed by January 1, 2026. Subsequent inspections are required by January 1 every six years thereafter. The inspection of new buildings shall occur no later than six years following the issuance of a certificate of occupancy from the Community Development Department.
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(b) Common Interest Developments: the first inspection of exterior elevated elements to be completed by January 1, 2026. Subsequent inspections are required by January 1 every nine years thereafter. The inspection of buildings for which a building permit application has been submitted on or after January 1, 2020, shall occur no later than six years following the issuance of a certificate of occupancy from the Community Development Department.
(c) Inspection Reports. A copy of any inspection report completed pursuant to California Health and Safety Code § 17973 or California Civil Code § 5551 that (1) recommends immediate repairs, (2) advises that any multi-family building assembly poses an immediate threat to the safety of the occupants, or (3) prevents occupant access, shall be provided by the inspector to the owner of the building and to the City of Fremont Code Enforcement Division within 15 days of completion of the report. All other inspection reports shall be submitted to the City of Fremont Code Enforcement Division within 60 days of completion of the report.
Sec. 8.85.060 Repairs
(a) Repairs of exterior elevated elements for all multi-family budlings shall be subject to the following performance standards:
(1) Emergency repairs. An exterior elevated element that the inspector advises poses an immediate threat to the safety of the occupants, or finds preventing occupant access or emergency repairs, including shoring, or both, are necessary, shall be considered an emergency condition and the owner of the building shall perform required preventive measures immediately. Immediately preventing occupant access to the exterior elevated element until emergency repairs can be completed constitutes compliance with this paragraph. All repairs of emergency conditions shall comply with the requirements of California Health and Safety Code § 17973(g), be inspected by the inspector, and reported to the Code Enforcement Division. (2) Non-emergency repairs. The owner of the building requiring corrective work to an exterior elevated element that, in the opinion of the inspector, does not pose an immediate threat to the safety of the occupants, shall apply for a permit within 120 days of receipt of the inspection report.
(3) Once the permit is approved, the owner of the building shall have 120 days to make the repairs unless an extension of time is granted by the Code Enforcement Division.
All repairs shall meet the requirements of California Health and Safety Code § 17973(g).
(b) Repair Certification Affidavit. If the inspection report identifies the need for any repairs or maintenance, whether or not building permits are required for the identified scope of work, property owners shall provide proof of compliance with this Chapter by having a licensed general contractor, architect or engineer, or other qualified individual as determined by the Building Official or designee submit an inspection affidavit to the Building Official or designee on a form provided by the City certifying that all required repairs and maintenance have been completed and exterior elevated elements are now in
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safe condition, adequate working order and free from deterioration, decay, corrosion or similar damage and there is no evidence of active water intrusion in concealed spaces of the inspected elements.
Sec. 8.85.070 Exemption
Multi-family dwelling and common interest development buildings with three or more units that are exempt from the requirements of California Health and Safety Code § 17973 and California Civil Code § 5551 shall submit a signed affidavit to the City of Fremont Code Enforcement Division on the form approved by the city.
Sec. 8.85.080 Administrative Regulations
The Building Official or designee is authorized to adopt administrative regulations, which may include, but are not limited to reporting requirements, documentation of repairs or maintenance, and enforcement procedures, to implement the provisions of this chapter.
Sec. 8.85.090 Fees
The City Council may establish and amend by resolution all fees and charges as may be necessary to effectuate the purpose of this chapter.
Sec. 8.85.100 Violations and Remedies
(a) Violation of this chapter is punishable as set forth in Title 1, General Provisions of this code.
(b) Violation of this chapter is a public nuisance subject to abatement under Title 8, Health and Safety, Chapter 8.60 Neighborhood Preservation.
SECTION 2. CEQA
The Exterior Elevated Elements Ordinance, an administrative government activity, is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that the there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The Exterior Elevated Elements Ordinance will clearly not have a significant effect on the environment and, thus, CEQA does not apply. The Council therefore directs that a Notice of Exemption be filed with the Alameda County Clerk in accordance with the CEQA guidelines.
SECTION 3. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fremont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and
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phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.
SECTION 5. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption, this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within 15 days after adoption of this ordinance, the City Clerk shall cause the summary to be published again with the names of those City Council members voting for and against the ordinance and shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the ____ day of _______, 2025 and adopted at a regular meeting of the City Council held on the ____ day of ________, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney