Fremont City Council Meeting: 11/04/25 07:00 PM
3300 Capitol Avenue Div/Dept: Community Development
Fremont, CA 94538 Category: Code Adoptions & Amendments
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5534) DOC ID: 5534
Updated: 10/30/2025 11:29 AM by Dina Lewis Page 1
2025 CALIFORNIA BUILDING STANDARDS CODES ADOPTION – Public Hearing (Published Notice) to Introduce an Ordinance Adopting by Reference, with amendments, the 2025 California Building Standards Codes, Adopting by Reference Certain Appendix Chapters of the 2025 California Building Standards Codes, and Adopting by Reference and Amending the 2024 International Swimming Pool and Spa Code and the 2024 International Property Management Code, and Adoption of the Resolution Containing Supporting Findings and Determinations.
Contact Persons:
Name: Mike Wayne Joel Pullen
Title: Building Official Community Development Director Div/Dept: Community Development Community Development
Phone: 510-494-4487 510-494-4436
E-Mail: [email protected] [email protected]
Executive Summary: The State of California adopts a set of new construction codes every three years, referred to as the California Building Standards Codes, with the next cycle of updates to become effective January 1, 2026. The purpose of this agenda item is to introduce the new 2025 California Building Standards Codes with certain administrative and technical amendments based on Fremont’s local conditions. The proposed administrative and technical changes continue current provisions in the Fremont Building Codes related to soils susceptible to liquefaction and corrosive soils and address some code deficiencies required to address structural changes and local conditions resulting from the City’s proximity to the Hayward and Calaveras earthquake faults. These provisions are in addition to California Fire Code changes brought forth to the City Council on September 16, 2025, to ensure consistency and continuity between the respective codes. On October 8, 2025, an informational meeting was held with representatives of the building industry to present amendments to the standard codes.
Staff recommends that the City Council introduce ordinances tonight to adopt changes to the California Building Standards Codes, including local amendments, and schedule a second public hearing for November 18, 2025 to formally adopt the codes. Additionally, staff recommends adoption, by reference, of the 2024 International Swimming Pool and Spa Code and the 2024 International Property Maintenance Code with amendments.
BACKGROUND: On June 30, 2025, the California Building Standards Commission (CBSC) adopted a complete set of new building codes based on the latest international and national model building codes. These regulations are referred to as the California Building Standards Code and are codified in California Code of Regulations, Title 24 (“Model Code”). The 2025 Model Code replaces current codes and becomes effective on January 1, 2026. The Model Code is mandatory and must be enforced by local government agencies.
The adoption of the new Model Code is a triennial process done by the CBSC, which is responsible for reviewing, adopting, and publishing building standards for the State of California. Through the code adoption process, the CBSC selects and approves a Model Council Staff Report (ID # 5534) Meeting of November 4, 2025 Updated: 10/30/2025 11:29 AM by Dina Lewis Page 2
Code, which participating State agencies, such as State Fire Marshal (SFM), Division of the State Architect (DSA), and California Department of Health Care Access and Information (HCAI) have an opportunity to review and amend for the occupancy groups under their respective authorities.
The State allows local agencies to adopt amendments to the Model Code and building standards as long as they are more restrictive than state standards and are based on findings justifying local restrictions based on local geologic, climatic, and topographic conditions, per California Health & Safety Code Section 17958. Amendments to administrative provisions of the Model Code do not require local findings. This year’s code adoptions are further limited by Health and Safety Code Section 17958 (b)(1), which states that the changes or modifications relating to residential uses are substantially equivalent to changes or modifications that were previously filed by the governing body of the city or county and were in effect as of September 30, 2025. All local amendments included in this triennial cycle that are applicable to residential development comply with this requirement, and the City has further endeavored to reduce unnecessary local amendments, reducing the complexity of development review while maintaining essential safety standards.
In accordance with the California Building Standards Commission Information Bulletin 25-01, all applications for building permits submitted on or after January 1, 2026, are subject to compliance with the 2025 California Building Standards Code. The 2022 California Building Standards Code remains in effect and applies to plans, specifications, and construction performed where the application for a building permit is received on or before the City’s last business day of 2025 on December 23, 2025.
The City’s adoption of the 2025 Model Code includes the following specific codes/regulations:
• 2025 California Building Code Volumes 1 & 2
• 2025 California Mechanical Code
• 2025 California Plumbing Code
• 2025 California Electrical Code
• 2025 California Existing Buildings Code
• 2025 California Historical Building Code
• 2025 California Energy Code
• 2025 California Residential Code
• 2025 California Green Building Code
Included with the adoption of the 2025 Model Code is the 2024 International Property Maintenance Code (IPMC), which sets minimum standards for the maintenance of existing commercial and residential properties to protect public health, safety and welfare. It helps ensure properties are kept in good repair, free from blight and hazards and that they are sanitary and livable. When necessary, it provides the City authority to abate structures that are imminent hazards to the public. Staff also recommends adopting the 2024 International Swimming Pool and Spa Code (ISPSC), which provides minimum requirements for the design, construction, alteration, repair and maintenance of swimming pools and spas; these regulations are no longer included in the California Building Standards Code and therefore require specific adoption by the City.
Council Staff Report (ID # 5534) Meeting of November 4, 2025 Updated: 10/30/2025 11:29 AM by Dina Lewis Page 3
DISCUSSION/ANALYSIS: The City has historically adopted the California Building Standards Code, with amendments, in the areas listed below. The proposed amendments represent a continuation of most of the local amendments currently in effect and have all been in effect prior to September 30, 2025.
A brief discussion of the local amendments proposed and the changes under this ordinance include:
1. Administrative Amendments;
2. Soil Reports, Geotechnical Investigation, and Foundation Construction;
3. Roof Coverings;
4. Fire Sprinkler Provisions and Dwelling Separation;
5. Plumbing Code Amendments;
6. Mechanical Code Amendments;
7. Electrical Code Amendments;
8. California Residential Code;
9. International Property Maintenance Code;
10. International Swimming Pool and Spa Code; and
11. Appendices in 2025 California Building Standards Code.
1. Administrative Amendments: The administrative amendments for the codes include:
• work that requires a building permit;
• information required to obtain the permit;
• valid dates of the permit and its expiration;
• application process to obtain a building permit;
• appeal process for a denial of a permit;
• penalties for violations of the ordinance; and
• authority of the Building Official.
Further, the local amendments require plats of survey when deemed necessary, soil observation and structural observation, the issuance of certificates of occupancy at the time of occupancy changes, and defined conditions for temporary certificates of occupancy. The administrative amendments related to enforcement and appeals are the same amendments previously adopted and include appeals to the Building Appeals Board. Identical provisions to these amendments to the Model Code are currently in effect in the City.
2. Soils Reports, Geotech Investigation, and Foundation Construction: All current soil investigations and foundation observations are being carried forward into the 2025 Code. This is addressed currently in State law but clarified in the Fremont Municipal Code as to when a project would require a geotech investigation. The amendments also provide specific construction requirements for shallow foundations and a mesh requirement for slabs on the ground.
3. Roof Coverings: The proposed amendments carry forward the amendments previously adopted and include decking requirements for concrete and clay tile and a certification requirement applicable to roof coverings.
Fire Sprinkler Provisions and Dwelling Separation: The proposed amendments carry forward the amendments previously adopted and include maintaining fire resistance of walls separating sleeping units in hotels and motels and extend this requirement to Council Staff Report (ID # 5534) Meeting of November 4, 2025 Updated: 10/30/2025 11:29 AM by Dina Lewis Page 4
duplexes. This firewall specification is already required for all other multi -unit residential buildings. Furthermore, the proposed amendments do not allow a reduction of the rated floor or wall assemblies from 1 hour to ½ hour for any duplexes or multi-residential hotels and motels. The amendments also cross reference the fire sprinkler requirements in the California Fire Code as amended by the Fremont Municipal Code.
4. California Plumbing Code Amendments: The proposed amendments carry forward the amendments previously adopted and include the requirement of installing of a seismic- actuated gas shutoff valve.
5. California Mechanical Code Amendments: The proposed amendments relate to hoods and ducts to protect against fires. The protection of hoods and ducts in an enclosure by fire-rated materials is to restrict grease duct fires to the hood and duct and prevent it from spreading to the rest of the building. There have been several grease duct fires in Fremont in single-story buildings. These fires have been contained by shafts. If the shaft had not been fire-rated, the fire would have very easily spread to the roof. The proposed amendment to the California Mechanical Code will ensure that any new hood or duct is enclosed by fire-rated materials. All proposed amendments are identical to amendments currently in place in the City.
6. California Electrical Code Amendments: The proposed amendments are mostly administrative and identical to amendments currently in place in the City of Fremont.
The amendment requires non-ferrous materials for electrical installations in corrosive environments based on the corrosive soils prevalent in Fremont.
7. California Existing Building Code Amendments: The proposed amendments carry forward the amendments previously adopted and include an existing table that ranks relative hazards between different occupancies and establishes when installation of fire sprinklers will be required when a building changes occupancy group. The amendments also refer to the local amendments to the California Fire Code previously adopted in the Fremont Municipal Code.
8. California Residential Code Amendments: The proposed amendments carry forward the amendments previously adopted. The administrative chapter of the California Residential Code is not adopted but refers to the administrative provisions of the California Building Code. The technical amendments are identical to the amendments for adoption to California Building Code.
9. International Property Maintenance Code Amendments: During the past three Model Code adoptions, the City also adopted the most current International Property Maintenance Code and staff has successfully used the ordinance to ensure that buildings throughout the City are maintained in a safe condition. The proposed amendments carry forward the amendments previously adopted, including replacing the appeals section with a reference to the appeals procedure in the Neighborhood Preservation Ordinance, FMC Chapter 8.60. This appeal process has been successfully used for years for enforcement.
10. International Swimming Pool and Spa Code Amendments; The proposed amendments are mostly administrative and identical to amendments currently in place in the City of Fremont.
Council Staff Report (ID # 5534) Meeting of November 4, 2025 Updated: 10/30/2025 11:29 AM by Dina Lewis Page 5
11. California Building Standards Code Appendixes: Appendices are not adopted as part of the Model Code. They are provided in the Model Code to offer optional or supplemental criteria to the provisions in the main chapters of the Model Code. The provisions below are currently in effect in the City of Fremont. The proposed ordinance adopts the following appendix chapters of the 2025 California Building Standards Code and references:
California Building Code:
• Appendix A: This appendix contains employment qualifications that coincide with state requirements.
• Appendix C: This appendix contains provisions for the construction of agricultural buildings.
• Appendix F: This appendix includes provisions that require rodent-proofing of dwellings.
• Appendix G: This appendix contains provisions for flood-resistant construction. • Appendix I: This appendix contains requirements for patio covers. • Appendix Q: This appendix contains provisions for emergency housing.
California Residential Building Code:
• Appendix BB: This appendix contains provisions for tiny house designs. • Appendix BF: This appendix contains requirements for patio covers. • Appendix BG: This appendix contains provisions for sound transmission between attached dwelling units.
• Appendix BO: This appendix contains provisions for the construction of Existing Buildings and Structures.
• Appendix CI: This appendix contains provisions for swimming pools and spas. • Appendix CJ: This appendix contains provisions for emergency housing.
California Mechanical Code:
• Appendix B: This appendix contains procedures to be followed to place gas equipment in operation.
• Appendix C: This appendix contains provisions for the installation and testing of oil (liquid) fuel-fired equipment.
• Appendix D: This appendix contains provisions for fuel supply at manufactured/mobile home parks and recreational vehicles.
California Plumbing Code:
• Appendix A: This appendix contains provisions for the sizing of water supply systems.
• Appendix B: This appendix contains provisions for the sizing of combination waste and vent systems.
• Appendix D: This appendix contains provisions for the sizing of storm water systems.
California Existing Building Code:
• Appendix Chapter A3: This appendix chapter contains prescriptive provisions for seismic strengthening of cripple walls.
International Property Maintenance Code:
• Appendix A: This appendix contains boarding standards securing windows and doors to prevent entry to unsafe structures.
Council Staff Report (ID # 5534) Meeting of November 4, 2025 Updated: 10/30/2025 11:29 AM by Dina Lewis Page 6
Resolution of Local Condition Findings: Health and Safety Code Sections 17958, 17958.5, and 17958.7 require the City Council to make findings regarding local climatic, geological, and topographical conditions before adopting local amendments to the State-adopted California Building Standards Code. The proposed amendments to the Model Code are based primarily on earthquake and soils conditions in the City. Proposed findings include a map showing areas prone to liquefaction, fault line proximity, and areas of corrosive soils. The proposed findings are enclosed with this staff report; however, the City Council will not be asked to adopt the findings by resolution until the second reading of the ordinances on November 18, 2025.
Public Notice and Outreach: On October 8, 2025, an informational meeting with building industry stakeholders was held to present the proposed amendments to the standard codes.
Additionally, a public hearing notice was published as a display ad in the Tri-City Voice on October 7, 2025.
FISCAL IMPACT: The costs associated with the application and administration of the building standards in the City of Fremont are funded by user fees paid by developers, except for Community Preservation, which is supported by the General Fund. The proposed codes adoption would not change the current cost for these services and would not require an additional General Fund contribution.
ENVIRONMENTAL REVIEW: The City Council determines that this ordinance is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.
ATTACHMENTS:
• Draft Ordinance- 2025 Building Code Update
• Draft Resolution- 2025 Bldg Code Findings
RECOMMENDATIONS:
1. Hold public hearing.
2. Waive full reading and introduce ordinance and schedule a public hearing for November 18, 2025, to adopt by reference, with amendments, the 2025 California Building, Electrical, Plumbing, Mechanical, Residential, Green Building, Energy, Historical Building, and Existing Buildings Codes, the 2024 International Property Maintenance Code, and the 2024 International Swimming Pool and Spa Code.
3. Direct the City Clerk to publish a notice of public hearing set for November 18, 2025, to consider adoption of the ordinance in accordance with Government Code Sections 6066 and 50022.3 and to publish a summary of the ordinance.