Chapter 15.10 FREMONT BUILDING CODE

This chapter shall be known and may be cited as the “Fremont building code” or “FBC” and will be referred to in this chapter as “this code.” (Ord. 11-2022 § 3, 11-1-22.)

15.10.020 Adoption of the 2022 CBC with amendments.

The 2022 Edition of the California Building Code (“CBC”), as published by the International Code Council is adopted as the building code of the city of Fremont, California, as if fully set out in this chapter and is amended as provided in this chapter. A copy of the 2022 CBC shall be maintained on file in the office of the city clerk. (Ord. 11-2022 § 3, 11-1-22.)

15.10.030 Adoption of certain 2022 CBC appendix chapters.

The following appendix chapters of the 2022 California Building Code are adopted by the city of Fremont. The remaining appendix chapters are not adopted.

(a) Appendix Chapter A (Employee Qualifications).

(b) Appendix Chapter C (Agricultural Buildings).

(d) Appendix Chapter G (Flood-Resistant Construction).

(e) Appendix Chapter I (Patio Covers).

(f) Appendix Chapter P (Emergency Housing), which shall apply so long as the chapter remains in effect, as it may be amended from time to time by the California Building Standard Commission, and during the pendency of a shelter crisis declaration. (Ord. 11-2022 § 3, 11-1-22.)

15.10.040 Adoption of 2022 CBC Chapter 1, Division II.

Chapter 1, Division II of the 2022 California Building Code is adopted by the city of Fremont and made a part of the Fremont Building Code, unless amended in this chapter. References to model codes in the adopted sections shall mean the corresponding California Codes as adopted by the city of Fremont. (Ord. 11-2022 § 3, 11-1-22.)

15.10.050 Amendment of 2022 CBC Section 101 (General).

Section 101 of the 2022 California Building Code is amended as follows:

101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.11 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.

101.4.1 Gas. The provisions of the 2022 California Mechanical Code and California Plumbing Code shall apply to the installation of gas piping.

101.4.2 Mechanical. The provisions of the 2022 California Mechanical Code shall apply to installation, alterations, repairs and replacement of mechanical systems.

101.4.3 Plumbing. The provisions of the 2022 California Plumbing Code shall apply to installation, alternation, repairs and replacement of plumbing systems.

101.4.4 Property Maintenance. The provisions of the 2022 California Building, Residential, Mechanical, Electrical, Plumbing, Fire Code, and the 2021 International Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants and occupancy of existing premises and structures.

101.4.5 Fire Prevention. The provisions of the 2022 California Fire Code shall apply to matters affecting or relating to fire hazards.

101.4.6 Energy. The provisions of the 2022 California Energy Code, Title 24, Part 6, shall apply to all matters governing the design and construction of building for energy.

101.4.7 Existing Buildings. The provisions of the 2022 California Existing Building Code shall apply to all matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings.

101.4.8 Green Building Standards. The provisions of the 2022 California Green Building Standards Code shall apply to all matters governing the “green building” related planning, design construction, operation, use and occupancy of newly constructed buildings.

101.4.9 Residential Buildings. The provisions of the 2022 California Residential Code shall apply to all matters governing the design and construction of detached, 1 and 2 family dwellings, townhouses not more than 3 stories and separate means of egress, and structural accessory thereto.

101.4.10 Electrical. The provisions of the 2022 California Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.

101.4.11 Historical Buildings. The provisions of the 2022 California Historical Code Part 8 shall apply to the alteration, addition, and relocation to qualified historical buildings or properties.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.060 Amendment of 2022 CBC Section 104 (Duties and Powers of the Building Official).

Section 104 of the 2022 California Building Code is adopted as follows:

104.1-104.11.2 {CBC text not modified}

104.12 Authority to condemn building service equipment. Whenever the building official ascertains that any building service equipment regulated in the technical codes has become hazardous to life, health, property, or becomes unsanitary, he or she shall order in writing that such equipment either be removed or restored to a safe or sanitary condition, whichever is appropriate. The written notice itself shall fix a time limit for compliance with such order. No person shall use or maintain defective building service equipment after receiving such notice.

When such equipment or installation is to be disconnected, a written notice of the disconnection and causes therefore shall be given within 24 hours to the serving utility, the owner and occupant of such building, structure or premises.

When any building or the associated service equipment is maintained in violation of the technical codes and in violation of any notice issued pursuant to the provisions of this section, the building official may institute any appropriate action to prevent, restrain, correct, or abate the violation. The building official shall be authorized to affix an approved placard to said building or equipment stating the date, corrections required, address and allowable time for repairs if any. Damage or removal of said placard shall be a violation of this code.

104.13 Connection after order to disconnect. No person shall make connections from any energy, fuel or power supply nor supply energy or fuel to any building service equipment which has been disconnected or ordered to be disconnected by the building official or the use of which has been ordered to be discontinued by the building official until the building official authorizes the reconnection and use of the equipment.

104.14 Authority having jurisdiction. Whenever the term “Authority Having Jurisdiction” is used, it shall be construed to mean the building official or his or her authorized representative.

104.15 Limits on repair/remodel for R-3 and U occupancies. When the scope of work for R-3 and U occupancies involves the removal or replacement of 50 percent or greater of the linear length of the walls of the building (exterior plus interior) and 50 percent of the roof within a 1-year period, the project shall be considered as new construction; and the entire building shall comply with all current codes including local ordinances. For automatic fire extinguishing system requirements, see FMC Section 15.35.150.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.070 Amendment of 2022 CBC Section 105 (Permits).

Section 105 of the 2022 California Building Code is amended as follows:

105.1 {CBC text not modified}

105.1.1 - 105.1.2 – deleted

105.2 Work exempt from permit {CBC text not modified}

Building:

1. {CBC text not modified}

2. Wood fences not over 7 feet (2,134 mm) high or concrete or masonry wall not over 4 feet (1,219 mm) high when not subject to specific city of Fremont planning and zoning regulations.

3. {CBC text not modified}

4. {CBC text not modified}

5. {CBC text not modified}

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

7. Painting, papering, tiling, carpeting, cabinets (that do not have electrical, mechanical, or plumbing), counter top and similar finishes.

8. {CBC text not modified}

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.

10. {CBC text not modified}

11. Swings and other playground equipment accessory to single detached 1- and 2-family dwellings and not considered a public playground.

12. {CBC text not modified}

13. {CBC text not modified}

14. Wood decks accessory to a Group R-3 occupancy not over 30 inches above surrounding grade or finishes, not attached to a structure, or serving any part of the means of egress.

Electrical {CBC text not modified}

1. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the Electrical Code.

2. Repair or replacement of motors, transformers and controls within fixed approved appliances of the same type and rating in the same location.

3. Temporary decorative lighting for residential dwellings.

4. Repair or replacement of current-carrying parts of any switch, contactor or control device.

5. Reinstallation of attachment plug receptacles, but not the outlet boxes thereof.

6. Replacement of any overcurrent device less than 1,200 amps of the same capacity in the same location.

7. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.

8. Temporary wiring for experimental purposes in suitable experimental laboratories.

9. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

10. Low-energy power, control, and signal circuits of Classes II and III as defined in the Electrical Code.

11. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility.

Gas {CBC text not modified}

Mechanical {CBC text not modified}

Plumbing {CBC text not modified}

Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws which are enforced by the city of Fremont.

105.2.1 – 105.3.1 {CBC text not modified}

105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 365 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant 1 extension of time for an additional period not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated and accepted by the building official.

105.3.3 Who may be issued a permit. Permits shall be issued only to State licensed Architect, Engineer, or contractors or their respective authorized representative but only to the extent and to the work the person is licensed by the State of California to do so.

Exception: Permits may be issued to owners certifying proof of exemption under the exemptions specified in California Business and Professions Code Section 7044.

105.3.4 Withhold permit. The building official may withhold the issuance of a permit if the proposed work is in conjunction with construction requiring the issuance of a building permit where no building permit has been issued.

105.4 {CBC text not modified}

105.5 Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 365 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. The construction is deemed suspended or abandoned unless an inspection indicating substantial progress in construction has been requested every 180 days or sooner. Before work may resume on a construction project declared suspended or abandoned, a new permit must first be obtained. Where suspension or abandonment has not exceeded 1 year and no changes have been made or will be made to the original plans and specifications for the work, the renewal fee shall be 1/2 the amount required for a new permit for the work otherwise, the renewal fee shall be the full amount required for a new permit.

Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to perform work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken.

105.6 {CBC text not modified}

105.7 Placement of Permit. The building permit, along with all plans and documentation approved by the building official, shall be kept on the site of the work until final approval has been granted by the building official.

105.8 Change of contractor or of ownership. A permit issued hereunder shall expire upon a change of ownership or a change of contractor regarding the building, structure or grading for which said permit was issued if the work thereon has not been completed, and a new permit shall be required for the completion of the work. If no changes have been made to the plans and specifications last submitted to the building official, no charge, other than the permit issuance fee and applicable State fees, shall be made for the issuance of the new permit under such circumstances. If, however, changes have been made to the plans and specifications last submitted to the building official, a permit fee based upon the proposed changes may be levied.

105.9 Surrender of permit. If no portion of the work or construction covered by the issued permit has commenced, the permit holder may deliver such permit and approved documents to the building official with written request that such permit is to be canceled. The building official shall make note on the permit with or with like wording “Canceled at the request of the Permit holder.” Thereupon the permit and documents shall become null and void.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.080 Amendment of 2022 CBC Section 107 (Submittal Documents).

Section 107 of the 2022 California Building Code is amended as follows:

107.1 – 107.2.6 {CBC text not modified}

107.2.7 Required plat of survey. Any person, firm or corporation applying for a permit for the erection or construction of a building or structure, or moving an existing building to a new location shall, when required by the building official, file with the set of plans and specifications required by the foregoing provisions of this section a minimum of 3 copies of a plat of a survey of the property proposed to be improved by said building or structure, on which plat shall be delineated the accurate location of said proposed improvement and the grades at which it is to be constructed, the location of every existing building on the lot, all easements, utility locations and directions, existing curbs, sidewalks, and main sewers and the location of waterways, storm drains, inlets, and culverts affecting the lot. Said plat shall be drawn to a scale of not smaller than 20 feet to 1 inch, unless authorized by the building official, and shall show the contours at 1-foot intervals for predominant ground slopes between level and 4 percent and 5-foot contours for predominant ground slopes over 4 percent which contours shall extend to the center of the street when said street is unimproved, or to the curb line when the street is improved. All grades and contours shall be based on United States Coast and Geodetic Survey datum (mean sea level) except when authorized otherwise by the building official. The survey shall have been made by a licensed land surveyor or registered civil engineer in the State of California and the map of said survey shall be signed and certified with their license or certificate number, and the property shall be located thereon by map or deed distance to the nearest street intersection. The exterior boundaries of said property shall be clearly outlined on the ground by appropriate permanent stakes or monuments. The location of said stakes or monuments shall be shown on the survey map with elevations thereon.

107.3 {CBC text not modified}

107.3.1. Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as “Approved”. One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.

107.3.2 – 107.5 {CBC text not modified}

(Ord. 11-2022 § 3, 11-1-22.)

15.10.090 Amendment of 2022 CBC Section 109 (Fees).

Section 109 of the 2022 California Building Code is adopted as follows:

109.1 {CBC text not modified}

109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule of fees established by resolution of the Fremont city council. Where issuance of a permit for the construction of part of a building or structure has been approved, the fees shall be established by resolution adopted by the city council.

109.3 Building permit valuation. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, including materials and labor, as well as all, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment . If in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official.

109.3.1 Plan review fees. When submittal documents are required by Section 107, a plan review fee shall be paid at the time of submitting the documents for plan review. Said plan review fee shall be as established by resolution of the city council.

The plan review fees specified in this section are separate fees from the permit fees specified in Section 109.2 and are in addition to the permit fees.

When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee shall be charged at the rate established by resolution of the city council.

109.4 Work commencing before permit issuance. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, the fee for necessary permits shall be double the fee established by resolution of the city council.

109.4.1 An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

109.5. Related fees. The payment of the fee for the construction, alteration, removal of demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are established by resolution of the city council.

109.6 Refunds. The building official is authorized to establish a refund policy. As part of the policy, the building official may authorize refunding a portion of the fee equal to 80 percent of the permit fee paid, less the application fee and any services provided, when no work has been done under a permit issued in accordance with this code.

109.7 Additional plan review fees. Where plans are incomplete or changed so as to require additional plan checking, an additional plan checking fee shall be paid to the building official based upon the value of construction of the proposed change or redesign. In establishing said fee, no allowance for a decreased valuation shall be permitted due to the replacement, omission or lessening of any member or portion of the building shown in the original plans. Said fee may be waived when in the opinion of the building official the additional fee is not warranted. No additional fees shall be charged for checking corrections required by the building official; except where excessive plan reviews beyond 3 review cycle are performed, additional fees may be levied as established by city council.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.100 Amendment to 2022 CBC Section 110 (Inspections).

Section 110 of the 2022 California Building Code is adopted as follows:

110.1 – 110.6 {CBC text not modified}

110.6.1 Gas or electrical utilities. There shall be no clearance for connection of gas or electrical utilities until final building, electrical, plumbing, heating, air conditioning, security and zoning inspections are made and approval has been given on any building sought to be connected to such utilities unless approval has first been obtained from the building official, as provided by the Temporary Certificate of Occupancy in Section 111.3.

110.7 Re-inspection fee. When re-inspection is required, an additional inspection fee shall be charged at the fee rate established by resolution of the city council.

110.8 Inspection Card. Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder has posted or otherwise made available the inspection record card issued by the building official such as to allow the building official to conveniently make the required entries thereon regarding inspection of the work. This card shall be maintained and available by the permit holder until final approval has been granted by the building official.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.110 Amendment of 2022 CBC Section 111 (Certificate of Occupancy).

Section 111 of the 2022 California Building Code is amended as follows:

111.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing use or occupancy classification of a building or structure or portion thereof shall be made until the building or structure complies with the current requirement of the code, and the building official has issued a certificate of occupancy therefore as provided herein.

Exception: Single-family homes, townhomes, and U occupancies. The finaled and signed building permit by the building inspector will act as a certificate of occupancy.

Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of the codes or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of the codes or other ordinances of the jurisdiction shall not be valid.

111.1.1 Change in Use. Where a change of occupancy and use is proposed and approved by the building official, an inspection of the premises by the building official to determine that the provisions of Section 111.1 are met before issuance of said certificate. Said certificate of occupancy shall be obtained from the building official upon completion of an application for the certificate and the payment of a fee as established by resolution of the city council.

111.2 Certificate issued. After final inspection when it is found that the building or structure complies with the provisions of this code and other laws which are enforced by the city of Fremont, and, when required by the building official, the engineer or architect of record shall state, in writing, that based on field observation conducted by him or her, or his or her designee, the building or structure is in general conformance with the approved plan, then the building official shall issue a certificate of occupancy which shall contain the following:

1. The building permit number.

2. The address of the building.

3. The name and address of the owner.

4. A description of that portion of the building for which the certificate is issued.

5. A statement that the described portion of the building complies with the requirements of this code for the group and division of occupancy and the use for which the proposed occupancy is classified.

6. The name of the building official.

7. The use and occupancy.

8. The type of construction.

9. The design occupant load.

10. Automatic sprinkler system if provided, whether the sprinkler system is required.

11. The edition of the code under which the permit was issued.

12. Any special stipulations and conditions of the building permit.

111.3 {CBC text not modified}

111.3.1 Limitations. An application for temporary certificate of occupancy must be obtained for connection of gas and electrical utilities. The required fees as established in a city of Fremont resolution shall be paid before the temporary certificate of occupancy is issued.

111.3.2 Discontinuance of temporary occupancy. In the event the building is not completed and ready for final inspection in the time prescribed by the building official, the building shall be vacated and the utilities disconnected until such time as the building is completed and final inspection is made and a certificate of occupancy is issued as set forth above.

111.4 {CBC text not modified}

(Ord. 11-2022 § 3, 11-1-22.)

15.10.120 Amendment of 2022 CBC Section 112 (Service Utilities).

Section 112 of the 2022 California Building Code is amended as follows:

112.1 Connection of utility service. No person shall make a connection from a source of electrical energy or fuel gas to any electric wiring system, gas piping system, device, appliance or equipment for the installation of which a permit is required, unless such wiring system, gas piping system, devices, appliance or equipment has first been inspected by the building official and found to comply with all applicable codes and ordinances of the city.

112.2 Temporary Connection. The building official shall have the authority to authorize the temporary connection to any electric wiring system, gas piping system, device, appliance or equipment to the utility source of energy, fuel or power.

112.3 Authority to disconnect utilities. The building official or his or her authorized representative shall have the authority to disconnect any utility service or energy supplied to the building, structure or building service equipment therein regulated by this code or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property, or where such connections have been made without the approval and required inspections. Work that has been performed without the benefit of building permits and inspections shall be considered to be a hazardous condition until otherwise verified. The building official shall whenever reasonably possible notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter.

112.4 All utility connections in areas prone to liquefaction shall be flexible and designed for differential settlement.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.130 Amendments of 2022 CBC Section 113 (Appeals) and 114 (Violations).

Sections 113 and 114 of the 2022 California Building Code are deleted. (Ord. 11-2022 § 3, 11-1-22.)

15.10.140 Amendment to 2022 CBC Section 302 (Classification).

Section 302 of the 2022 California Building Code is amended as follows:

302.1 Classification. Structures or portions of structures shall be classified with respect to occupancy in one or more of the groups listed in this section. A room or space that is intended to be occupied at different times for different purposes shall comply with all of the requirements that are applicable to each of the purposes for which the room or space will be occupied. Structures with multiple occupancies or uses shall comply with Section 508. Where a structure is proposed for a purpose that is not specifically provided for in this code or about which there is any question, such structure shall be classified, as determined by the building official, in the group that the occupancy most nearly resembles, according to the fire safety and relative hazard involved.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.150 Amendment to 2022 CBC Section 402 (Covered Mall and Open Mall Buildings).

Section 402 of the 2022 California Building Code is amended as follows:

402.1-402.4.3.1 {CBC text not modified}

402.5 {CBC text not modified}. Exception deleted

402.6-402.8.8 {CBC text not modified}

(Ord. 11-2022 § 3, 11-1-22.)

15.10.160 Amendment to 2022 CBC Section 403 (High-rise Buildings and Group I-2 Occupancies Having Occupied Floors Located More Than 75 Feet Above the Lowest Level of Fire Department Vehicle Access).

Section 403 of the 2022 California Building Code is amended as follows:

403.1-403.2.4 {CBC text not modified}

403.3 {CBC text not modified}. Exceptions: deleted

403.3.1-403.7 {CBC text not modified}

(Ord. 11-2022 § 3, 11-1-22.)

15.10.170 Amendment to 2022 CBC Section 404 (Atriums).

Section 404 of the 2022 California Building Code is amended as follows:

404.1 - 404.2 {CBC text not modified}

404.3 {CBC text not modified}. Exceptions: deleted.

404.4 - 404.11 {CBC text not modified}

(Ord. 11-2022 § 3, 11-1-22.)

15.10.180 Amendment to 2022 CBC Section 406 (Motor Vehicle Related Occupancies).

Section 406 of the 2022 California Building Code is amended as follows:

406.1 – 406.3.2 {CBC text not modified}

406.3.2.1 Dwelling unit separation. The private garage shall be separated from the dwelling unit and its attic area by means of gypsum board, not less than 5/8-inch (15.9 mm) thick Type X, or equivalent applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than a 5/8-inch (15.9 mm) Type X gypsum board or equivalent. Door openings between a private garage and the dwelling unit shall be equipped with either solid wood doors or solid or honeycomb core steel doors not less than 1 3/8 inches (34.9 mm) thick, or doors in compliance with Section 716.5.3 with a fire protection rating of not less than 20 minutes. Doors shall be self-closing and self-latching.

406.3.2.2 {CBC text not modified}

406.3.2.3 Garage flammable vapor ventilation. In enclosed private garages attached to R occupancies, provide 1 square foot of ventilation area located at the lower 12 inches of garage wall. Said ventilation areas shall be directly communicated with the exterior but shall not be installed where protection of openings is required.

406.3.3 – 406.9.3 {CBC text not modified}

(Ord. 11-2022 § 3, 11-1-22.)

15.10.190 Amendment to 2022 CBC Section 602 (Construction Classification).

Section 602, Table 601, footnote b. of the 2022 California Building Code is amended as follows. All other subsections and tables within Section 602 are not modified.

b. Except in high-rise buildings, Group A, E, F-1, H, I, L, M, R-1, R-2, and S-1 occupancies, fire protection of structural members shall not be required, including protection of roof framing and decking where every part of the roof construction is 20 feet or more above any floor immediately below. For Group A, E, I, L, R-1, and R-2 occupancies and other applications listed in Section 1.11 regulated by the Office of the State Fire Marshal, fire protection of members other than the structural frame shall not be required, including protection of roof framing and decking where every part of the roof construction is 20 feet or more above any floor immediately below. Fire-retardant-treated wood members shall be allowed to be used for such unprotected members.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.200 Amendment to 2022 CBC Section 708 (Fire Partitions).

Section 708 of the 2022 California Building Code is amended as follows:

708.1 – 708.2 {CBC text not modified}

708.3 {CBC text not modified}

Exceptions:

1. {CBC text not modified}

2. deleted

3. {CBC text not modified}

708.4 – 708.9 {CBC text not modified}

(Ord. 11-2022 § 3, 11-1-22.)

15.10.210 Amendment to 2022 CBC Section 711 (Horizontal Assemblies).

Section 711 of the 2022 California Building Code is amended as follows:

711.1 – 711.2.4.2 {CBC text not modified}

711.2.4.3 {CBC text not modified}

Exception: deleted

711.2.4.4 -711.3.2. {CBC text not modified}

(Ord. 11-2022 § 3, 11-1-22.)

15.10.220 Amendment to 2022 CBC Section 701A (Scope, Purpose and Application).

Section 701A of the 2022 California Building Code is amended as follows:

701A.1 Scope: This chapter applies to building materials, systems and/or assemblies used in the exterior design and construction of new and existing buildings or structures erected, constructed, altered, or moved within a Wildland-Urban Interface Fire Area as defined in Section 702A.

701A.2 {CBC text not modified}

701A.3 Application. New or existing buildings or structures erected, constructed, altered, or moved in any Fire Hazard Severity Zone or any Wildland-Urban Interface Fire Area designated by the enforcing agency constructed after the application date shall comply with the provisions of this chapter.

Exceptions:

1. – 3. {CBC text not modified}

4. deleted.

701A.3.1 – 701A.5 {CBC text not modified}

(Ord. 11-2022 § 3, 11-1-22.)

15.10.230 Amendment to 2022 CBC Section 702A (Definitions).

Section 702A of the 2022 California Building Code is amended by modifying the following definitions. The remaining definitions are not modified.

LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE means those areas designated by the city of Fremont as Very High Fire Hazard Severity Zones in Fremont Municipal Code Title 15, Chapter 15.65.

WILDLAND-URBAN INTERFACE FIRE AREA is a geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, and includes those areas designated by the city of Fremont as Very High Fire Hazard Severity Zones in Fremont Municipal Code Title 15, Chapter 15.65.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.240 Amendment to 2022 CBC Section 705A (Roofing).

Section 705A of the 2022 California Building Code is amended as follows:

705A.1 – 705A.2 {CBC text not modified}

705A.2.1 Wildland Urban-Interface Fire Area. The roof covering of any new structure or the re-roofing of any existing building within Wildland-Urban Interface Fire Area, regardless of the type of construction or occupancy classification, shall be a fire-retardant roof covering that is at least Class A. All alteration, repair, replacement or reroofing shall conform to the applicable provisions of the 2022 California Building Code Section 1604 “General Design Requirements” and any other applicable engineering requirements, including Chapter 15, “Roof Assemblies and Rooftop Structures” of this code.

705A.3 – 705A.4 {CBC text not modified}

(Ord. 11-2022 § 3, 11-1-22.)

15.10.250 Amendment to 2022 CBC Section 707A (Exterior Covering).

Section 707A of the 2022 California Building Code is amended as follows:

707A.1 – 707A.3.1 {CBC text not modified}

707A.3.1.2 Exterior wall covering. All exterior faces of the exterior walls shall be of an assembly qualified for exterior face of recognized 1-hour fire resistive assemblies. All exterior wall coverings shall meet a Class I flame spread requirement and be installed over materials approved for 1-hour fire-resistive construction.

Exception: Class I flame spread requirement may be waived for additions not to exceed 50%, cumulatively over the life of the structure, of the existing structure, including garage areas with 1-hour fire resistive exterior wall assembly.

707A.4 – 707A.10 {CBC text not modified}

707A.11 Utilities. Utilities, pipes, furnaces, water heaters or other mechanical devices located in an exposed under-floor area of a building or structure shall be enclosed with material as required for exterior, 1-hour, fire-resistive construction. Adequate covered access opening for servicing such utilities shall be provided as required by appropriate codes.

707A.12 Historical buildings. Repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation or continued use of a building or structure may be made without conformance to all the requirements of this code when authorized by the building official, provided:

1. The building or structure conforms to Part 8, Title 24, of the California Code of Regulations; and

2. A fire protection plan is implemented so that the building or structure will be no more of a fire hazard than any new building. The plan must be prepared and signed by a registered Fire Protection Engineer. The plan must be approved by the building official and fire chief prior to the commencement of any work.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.260 Amendment to 2022 CBC Section 902 (Definitions).

Section 902 of 2022 California Building Code is amended by adding additional definitions to Section 902.1 as follows. The remaining definitions are not modified.

CURRENT CODE means the edition of the California Building Standards Code published by the International Code Council (ICC) as adopted by the city of Fremont under Health and Safety Code Section 18941.5. The edition to be applied shall be that edition in effect at the time damage occurs.

ENGINEERING EVALUATION means an evaluation of a suspected damaged building or structure, performed under the direction of a fire protection engineer, structural engineer, civil engineer or architect retained by the owner of the building or structure. Engineering evaluations shall, at a minimum, contain recommendations for repair with an appropriate estimate of the construction cost for those repairs.

ESSENTIAL SERVICE FACILITY means that building or structure which has been designated by the city council to house facilities which are necessary for emergency operations.

FIRE PROTECTION ENGINEER means an individual registered by the State of California to practice fire protection engineering and to use the title, Fire Protection Engineer, as defined in the State of California Business and Professions Code.

HAZARDOUS FIRE AREA means the “Wildland-Urban Interface Fire Area” as defined in Section 702A as amended by the city of Fremont.

HISTORIC BUILDING OR STRUCTURE means as defined in the Section 8-201, Chapter 8-2, Part 8, 2022 California Historical Building Code, Title 24 of the California Codes of Regulations.

REPLACEMENT VALUE is the dollar value, as determined by the building official based upon the square footage and the guidelines used in establishing the valuation of new construction, of replacing the damaged structure with a new structure of the same size, construction material and occupancy on the same site.

VALUE OF REPAIR is the dollar value, as determined by the building official, of making the necessary repairs to a damaged structure.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.270 Amendment to 2022 CBC Section 903 (Automatic Sprinkler System).

Section 903 of the 2022 California Building Code is amended as follows:

903.1 General. Automatic sprinkler systems shall be provided as set forth in Section 903 of the California Fire Code as adopted and amended by FMC Section 15.35.150.

903.1.1 – 903.4.3 deleted

903.5 {CBC text not modified}

(Ord. 11-2022 § 3, 11-1-22.)

15.10.280 Amendment to the 2022 CBC Section 1020 (Corridors).

Table 1020.1 of the 2022 California Building Code is amended by modifying the third row below the header to read as follows. The remainder of Table 1020.1 is unchanged.

Occupancy	Occupant Load Served by Corridor	Required Fire-Resistance Rating (Hours) – Without Sprinkler System	Required Fire-Resistance Rating (Hours) – With Sprinkler System
Ae E	Greater than 30	1	1
B, F, M, S, U	Greater than 30	1	0

(Ord. 11-2022 § 3, 11-1-22.)

15.10.290 Amendment to 2022 CBC Section 1507 (Requirement for Roof Covering).

Section 1507 of the 2022 California Building Code is amended as follows:

1507.1 {CBC text not modified}

1507.1.3 Certification. The installer of the roof covering shall provide certification of the roof covering classification to the building owner and to the city when roof covering installation is subject to the 2022 CBC Chapter 7A.

Exceptions:

1. The certification requirements of this section shall not apply to any building which is subject to addition, repair, alterations, roof installation, or replacement of less than 50 percent of the existing building’s roof area over the life of the building commencing on or after the effective date of February 15, 1991.

2. For accessory building, refer to Section 105.2, Exception 1.

1507.2 – 1507.3 {CBC text not modified}

1507.3.1 Deck requirements. Concrete and clay tile shall be installed only over solid structural sheathing boards.

1507.3.2 – 1507.18.7 {CBC text not modified}

(Ord. 11-2022 § 3, 11-1-22.)

15.10.300 Amendment to the 2022 CBC Section 1612 (Flood Loads).

Section 1612 of the 2022 California Building Code is amended as follows:

1612.1 – 1612.2 {CBC text not modified}

1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the governing body shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled “The Flood Insurance Study for Alameda County, California”, revision dated August 3, 2009, as amended, with the accompanying Flood Insurance Rate Map (FIRM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.

Exception: {CBC text not modified}

1612.3.1. – 1612.4 {CBC text not modified}

(Ord. 11-2022 § 3, 11-1-22.)

15.10.310 Amendment to 2022 CBC Section 1613 (Earthquake Load).

Section 1613 of the 2022 California Building Code is amended as follows:

1613.1 – 1613.4 {CBC text not modified}

1613.4.1 Special Requirements for Means of Egress. Suspended ceiling assemblies located along means of egress serving an occupant load of 30 or more shall comply with the following provisions.

1613.4.2 General. Ceiling suspension systems shall be connected and braced with vertical hangers attached directly to the structural deck along the means of egress serving an occupant load of 30 or more and at lobbies accessory to Group A occupancies. Spacing of vertical hangers shall not exceed 2 feet (610 mm) on center along the entire length of the suspended ceiling assembly located along the means of egress or at the lobby.

1613.4.3 Assembly Device. All lay-in panels shall be secured to the suspension ceiling assembly with 2 hold-down clips minimum for each tile within a 4-foot (1,219 mm) radius of the exit lights and exit signs.

1613.4.4 Emergency Systems. Independent supports and braces shall be provided for light fixtures required for exit illumination. Power supply for exit illumination shall comply with the requirements of Section 1008.3 of this code.

1613.4.5 Supports for Appendage. Separate support from the structural deck shall be provided for all appendages such as light fixtures, air diffusers, exit signs, and similar elements.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.320 Amendment to 2022 CBC Section 1704 (Special Inspections and Tests, Contractor Responsibility and Structural Observations).

Section 1704 of the 2022 California Building Code is amended as follows:

1704.1 - 1704.5 {CBC text not modified}

1704.6 Structural observations. Where required by the provisions of Section 1704.6.1 and 1704.6.2, the owner or the owner’s authorized agent shall employ a structural observer to perform structural observations. Structural observation does not include or waive the responsibility of the inspections or special inspections in Section 1705 or other sections of this code. The structural observer shall be one of the following individuals:

1. The registered design professional responsible for the structural design, or

2. A registered design professional designated by the registered design professional responsible for the structural design.

Prior to the commencement of observations, the structural observer shall submit to the building official a written statement identifying the frequency and extent of structural observations.

The owner or owner’s representative shall coordinate and call a preconstruction meeting between the structural observer, contractors, affected subcontractors and special inspectors. The structural observer shall preside over the meeting. The purpose of the meeting shall be to identify the major structural elements and connections that affect the vertical and lateral load resisting systems of the structure and to review scheduling of the required observations. A record of the meeting shall be included in the report submitted to the building official.

Observed deficiencies shall be reported in writing to the owner or owner’s representative, special inspector, contractor and the building official. Upon the form prescribed by the building official, the structural observer shall submit to the building official a written statement at each significant construction stage stating that the site visits have been made and identifying any reported deficiencies which, to the best of the structural observer’s knowledge, have not been resolved. A final report by the structural observer which states that all observed deficiencies have been resolved is required before acceptance of the work by the building official.

1704.6.1 Structural observation for seismic resistance. Structural observations shall be provided for those structures to Seismic Design Category D, E, or F, where one or more of the following conditions exist:

1. The structure is classified as Risk Category III or IV in accordance with Table 1604.5.

2. The height of the structure is greater than 75 feet (22,860 mm) above the base.

3. The structure is classified as Risk Category I or II in accordance with Table 1604.5, and lateral design is required for the structure or portion thereof.

Exception: One-story wood framed Group R-3 and U Occupancies less than 2,000 square feet in area, provided the adjacent grade is not steeper than 1 unit vertical in 10 units horizontal (10 percent sloped), assigned to Seismic Category D.

4. When so designated by the registered design professional responsible for the structural design.

5. When such observation is specifically required by the building official.

1704.6.2 {CBC text not modified}

(Ord. 11-2022 § 3, 11-1-22.)

15.10.330 Amendment to 2022 CBC Section 1705 (Required Verification and Inspection).

Section 1705 of the 2022 California Building Code is amended as follows:

1705.1 – 1705.2. 4 {CBC text not modified}

1705.3 Concrete Construction. The special inspections and verifications for concrete construction shall be as required by this section and Table 1705.3.

Exceptions: Special inspection and tests shall not be required for:

1. Isolated spread concrete footings of buildings 3 stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2 Mpa).

2. Continuous concrete footings supporting walls of buildings 3 stories or less in height that are fully supported on earth or rock where:

2.1. The footings support walls of light-frame construction;

2.2. The footings are designed in accordance with Table 1809.7; or

2.3. The structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2 Mpa), regardless of the compressive strength specified in the construction documents or used in the footing construction.

3. Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.03 Mpa).

4. deleted

5. Concrete patios, driveways and sidewalks, on grade.

1705.3.1-1705.11.3 {CBC text not modified}

1705.12 Special inspections for seismic resistance. Special inspections for seismic resistance shall be required as specified in Sections 1705.12.1 through 1705.12.9, unless exempted by the exceptions of Section 1704.2.

Exception: The special inspections specified in Sections 1705.12.1 through 1705.12.9 are not required for structures designed and constructed in accordance with 1 of the following:

1. The structure consists of light-frame construction; the design spectral response acceleration at short periods, SDS, as determined in Section 1613.3.4, does not exceed 0.5; and the building height of the structure does not exceed 35 feet (10,668 mm).

2. The seismic force-resisting system of the structure consists of reinforced masonry or reinforced concrete; the design spectral response acceleration at short periods, SDS, as determined in Section 1613.3.4, does not exceed 0.5; and the building height of the structure does not exceed 25 feet (7,620 mm).

3. The structure is a detached 1- or 2-family dwelling not exceeding two stories above grade plane, is not assigned to Seismic Design Category D, E or F and does not have any of the following horizontal or vertical irregularities in accordance with Section 12.3 of ASCE 7:

3.1 Torsional or extreme torsional irregularity.

3.2 Nonparallel systems irregularity.

3.3 Stiffness-soft story or stiffness-extreme soft story irregularity.

3.4 Discontinuity in lateral strength-weak story irregularity.

1705.12.1 – 1705.18.2 {CBC text not modified}

(Ord. 11-2022 § 3, 11-1-22.)

15.10.340 Amendment to 2022 CBC Section 1707 (Alternative Test Procedure).

Section 1707.1 of the 2022 California Building Code is amended as follows:

1707.1 General. In the absence of approved rules or other approved standards, the building official shall make, or cause to be made, the necessary tests and investigations; or the building official shall accept duly authenticated reports from approved agencies in respect to the quality and manner of use of new materials or assemblies as provided for in Section 104.11. The cost of all tests and other investigations required under the provisions of this code shall be borne by the owner or the owner’s authorized agent.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.350 Amendment to 2022 CBC Section 1803 (Geotechnical Investigations).

Section 1803 of the 2022 California Building Code is amended as follows:

1803.1 – 1803.1.1.5 {CBC text not modified}

1803.2 {CBC text not modified}

Exceptions: The following occupancies are exempt:

1. Group U occupancies;

2. Additions to R3 Occupancies;

a. First floor additions:

a.1 Existing building has a continuous foundation (spread footing); and

a.2 New foundation dimensions at minimum meets requirements from CBC Table 1809.7 and are 15" embedded into undisturbed soil; and

a.3 Building site is not within seismic induced landslide hazard zone.

b. First floor additions:

b.1 Existing building has pier and grade beam foundation system; and

b.2 New piers and grade beam system shall be designed by an Architect, Civil, or Structural engineer registered in the State of California; and

b.4 New piers shall be minimum of 16 inches in diameter, and 8 feet in depth; and

b.5 Building site is not within seismic induced landslide hazard zone.

c. Second-story additions over existing structure:

c.1 The Architect or Engineer of Record certifies in writing that any new foundation type matches existing foundation; and

c.2 When an Architect, Civil or Structural engineer registered in the State of California provides the structural design; and

c.3 Building site is not within seismic induced landslide hazard zone.

3. A new soil report is not required when an existing soil report is available for the original construction of the existing structure and the soil engineer allows extension of the existing report for the proposed addition construction. An amended soil report is required to meet the investigated conditions (CBC Section 1803.5) and reporting requirements (CBC Section 1803.6).

4. Accessory Dwelling Units (ADU’s), accessory buildings, and minor additions may be exempted by the building official.

1803.3 – 1803.5.12 {CBC text not modified}

1803.6 {CBC text not modified}

1. – 11. {CBC text not modified}

12. Drainage and erosion control recommendations.

13. Minimum building setbacks to slope tops or toes.

14. Equivalent-fluid-density lateral loads used in design of retaining walls or basement walls.

15. Ground response evaluation by geologist licensed in California for:

a. Flexible structures located on site having soft to medium cohesion less soils in upper 50 feet and depth to bedrock is 400 feet or greater; and

b. Structures having irregular shapes, framing systems, or other unusual features as determined by the building official.

16. Liquefaction evaluation for the following uses:

a. Subdivisions of Group R-3 occupancy having 4 units or more;

b. Apartment or condominium complexes of Group R- 2 occupancy having 50 or more units;

c. Structure of 4 or more stories or over 35 feet high;

d. Commercial, industrial, and institutional projects having 250 occupants or more;

e. Essential facilities.

17. Slope stability evaluation in areas subject to localized or major landslides.

18. Surface rupture evaluation by geologist licensed in California for all projects for human occupancy located with a Geologic Hazards Special Studies Zone, as mapped by the California Division of Mines and Geology.

19. Soil corrosive analysis and long-term corrosion control design recommendations.

1803.7 {CBC text not modified}

1803.8 Review. Before issuing a permit for a building where soil and foundation investigation is required, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall state in writing (must be signed and stamped):

1. The plans and specifications substantially conform to the recommendations in the soil investigation.

2. The Geotechnical Engineer or Civil Engineer who prepared the soil investigation has been retained to provide soil site observation and provide periodic and final reports to the city.

1803.9 Field Report. Before requesting a foundation inspection from the city, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall provide a written field report stating:

1. The building pad was prepared and compacted in accordance with the soil report and specification.

2. The foundation or pier excavation, depth, backfill materials, and drainage (if applicable) substantially conforms with the soil report and approved plans.

1803.10 Final Report. Before final inspection for any building or structure, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall issue a final report stating the completed pad, foundation, finish grading, drainage, and associated site work substantially conforms to the approved plans, specifications, and investigation.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.360 Amendment to 2022 CBC Section 1804 (Excavation, Grading and Fill).

Section 1804 of the 2022 California Building Code is amended as follows:

1804.1 – 1804.4.1 {CBC text not modified}

1804.4.2 Slopes for permanent fills shall not be steeper than 3 horizontal to 1 vertical. Cut slopes for permanent excavations shall not be steeper than 3 horizontal to 1 vertical unless substantiating data justifying steeper cut slopes is submitted. Deviation from the foregoing limitations for cut slopes shall be permitted only upon the presentation of a soils report acceptable to the building official. All site improvements shall be designed and constructed in accordance with the recommendations contained in the soil report.

1804.4.3 Where cuts or fills are to be made as described above, pad elevation certification(s) will be required prior to foundation inspection. Required certification shall be made by a licensed Land surveyor or registered civil engineer in the State of California.

1804.5 – 1804.7 {CBC text not modified}

(Ord. 11-2022 § 3, 11-1-22.)

15.10.370 Amendment to 2022 CBC Section 1807 (Foundation Walls, Retaining Walls and Embedded Posts and Poles).

Section 1807 of the 2022 California Building Code is amended as follows:

1807.1 – 1807.1.5 {CBC text not modified}

1807.1.6 Prescriptive design of concrete and masonry foundation walls. Concrete and masonry foundation walls that are laterally supported at the top and bottom shall be permitted to be designed and constructed in accordance with this section. Prescriptive design of foundation walls shall not be used for structures assigned to Seismic Design Category D, E or F.

1807.1.6.1 – 1807.3.3 {CBC text not modified}

(Ord. 11-2022 § 3, 11-1-22.)

15.10.380 Amendment to 2022 CBC Section 1809 (Shallow Foundations).

Section 1809 of the 2022 California Building Code is amended as follows:

1809.1 – 1809.2 {CBC text not modified}

1809.3 Stepped footings. The top surface of footings shall be level. The bottom surface of footings shall be permitted to have a slope not exceeding 1 unit vertical in 10 units horizontal (10 percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than one unit vertical in 10 units horizontal (10 percent slope).

For structures assigned to Seismic Design Category D, E or F, the stepping requirement shall also apply to the top surface of grade beams supporting walls. Footings shall be reinforced with four No. 4 bars. Two bars shall be place at the top and bottom of the footings as shown in Figure 1809.3.

1809.4 – 1809.6 {CBC text not modified}

1809.7 Prescriptive footings for light-frame construction. Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light-frame construction shall be permitted to be designed in accordance with Table 1809.7. Prescriptive footings in Table 1809.7 shall not exceed 1 story above grade plane for structures assigned to Seismic Design Category D, E or F.

TABLE 1809.7

PRESCRIPTIVE FOOTINGS SUPPORTING WALLS OF

LIGHT-FRAME CONSTRUCTION a, b, c, d, e

NUMBER OF FLOORS SUPPORTED BY THE FOOTINGf	WIDTH OF FOOTING (inches)	THICKNESS OF FOOTING (inches)
1	12	6
2	15	6
3	18	8g

For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm

a. Depth of footings shall be in accordance with Section 1809.4.

b. The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing.

c. Not adopted, deleted

d. See Section 1908 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E or F.

e. For thickness of foundation walls, see Section 1807.1.6.

f. Footings shall be permitted to support a roof addition to the stipulated number of floors. Footings supporting roof only shall be as required for supporting one floor.

g. deleted

1809.8 deleted.

1809.9. – 1809.14 {CBC text not modified}

(Ord. 11-2022 § 3, 11-1-22.)

15.10.390 Amendment to 2022 CBC Section 1905 (Modifications to ACI 318).

Section 1905 of the 2022 California Building Code is amended as follows:

1905.1.1 – 1905.1.2 {CBC text not modified}

1905.1.3 ACI 318, Section 18.5. Modify ACI 318, Section 18.5, by adding new Section 18.5.3:

18.5.3 – Wall segments with a horizontal length-to-thickness ratio less than 2.5 shall be designed as columns.

1905.1.4 – 1905.1.6 {CBC text not modified}

1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the following:

14.1.4 – Plain concrete in structures assigned to Seismic Design Category C, D, E or F.

14.1.4.1 – Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:

(b) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

Exception: deleted.

(c) Plain concrete footings supporting walls are permitted provided the footings have at least 2 continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of 1 bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

Exceptions:

1. In detached 1- and 2-family dwellings 3 stories or less in height and constructed with stud-bearing walls, are permitted to have plain concrete footings with at least 2 continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less than 0.002 times the gross cross-sectional area of the footing.

2. Deleted.

3. Deleted.

1905.1.8 {CBC text not modified}

1905.1.9 ACI 318, Section 18.7.5. Modify ACI 318, Section 18.7.5, by adding Section 18.7.5.8 and 18.7.5.9 as follows:

18.7.5.8 Where the calculated point of contraflexure is not within the middle half of the member clear height, provide transverse reinforcement as specified in ACI 318, Sections 18.7.5.1, Items (a) through (c), over the full height of the member.

18.7.5.9 – At any section where the design strength, φPn, of the column is less than the sum of the shears Ve computed in accordance with ACI 318, Sections 18.6.5.1 and 18.7.6.1 for all the beams framing into the column above the level under consideration, transverse reinforcement as specified in ACI 318, Sections 18.6.5.1 through 18.6.5.3 shall be provided. For beams framing into opposite sides of the column, the moment components are permitted to be assumed to be of opposite sign. For the determination of the design strength, φPn, of the column, these moments are permitted to be assumed to result from the deformation of the frame in any one principal axis.

1905.1.10 ACI 318, Section 18.10.4. Modify ACI 318, Section 18.10.4, by adding Section 18.10.4.6 as follows:

18.10.4.6 – Walls and portions of walls with Pu > 0.35Po shall not be considered to contribute to the calculated shear strength of the structure for resisting earthquake-induced forces. Such walls shall conform to the requirements of ACI 318, Section 18.14.

1905.1.11 ACI 318, Section 18.12.6. Modify ACI 318, by adding Section 18.12.6.2 as follows:

18.12.6.2 Collector and boundary elements in topping slabs placed over precast floor and roof elements shall not be less than 3 inches (76 mm) or 6 db in thickness, where db is the diameter of the largest reinforcement in the topping slab.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.400 Amendment to 2022 CBC Section 1906 (Structural Plain Concrete).

Section 1906 of the 2022 California Building Code is deleted. (Ord. 11-2022 § 3, 11-1-22.)

15.10.410 Amendment to 2022 CBC Section 1907 (Minimum Slab Provisions).

Section 1907 of the 2022 California Building Code is amended by adding the following sentence to the end of subsection 1907.1:

Slabs shall have 6 x 6 x 10/-10 wire mesh or equal at mid-height.

1907.1.1 {CBC text not modified}

(Ord. 11-2022 § 3, 11-1-22.)

15.10.420 Amendment to 2022 CBC Section 2304 (General Construction Requirements).

Section 2304 text and Table 2304.10.1 of the 2022 California Building Code are amended as follows:

2304.1 – 2304.8.2 {CBC text not modified}

2304.8.2 Exception: 3/8" plywood is not allowed to be used as roof sheathing.

2304.10.1 Fastener requirements. Connections for wood members shall be designed in accordance with the appropriate methodology in Section 2301.2. The number and size of fasteners connecting wood members shall not be less than that set forth in Table 2304.10.1. Staple fasteners in Table 2304.10.1 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.

Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing and approved by the building official.

2304.10.1.1. – 2304.13 {CBC text not modified}

Add new footnote d. to Table 2304.10.1. to read as follows. The remaining portions of Table 2304.10.1 are not modified.

d. Staples shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.430 Amendment to 2022 CBC Section 2305 (General Design Requirements for Lateral-Force-Resisting Systems).

Section 2305 of the 2022 California Building Code is amended as follows:

2305.1 – 2305.3 {CBC text not modified}

2305.4 Quality of Nails. In Seismic Design Category D, E or F, mechanically driven nails used in wood structural panel shear walls shall meet the same dimensions as that required for hand-driven nails, including diameter, minimum length and minimum head diameter. Clipped head or box nails are not permitted in new construction. The allowable design value for clipped head nails in existing construction may be taken at no more than the nail-head-area ratio of that of the same size hand-driven nails.

2305.5 Hold-down connectors. In Seismic Design Category D, E or F, hold-down connectors shall be designed to resist shear wall overturning moments using approved cyclic load values or 75 percent of the allowable seismic load values that do not consider cyclic loading of the product. Connector bolts into wood framing shall require steel plate washers on the post on the opposite side of the anchorage device. Plate size shall be a minimum of 0.229 inches by 3 inches by 3 inches (5.82 mm by 76 mm by 76 mm) in size. Hold-down connectors shall be tightened to finger tight plus 1/2 wrench turn just prior to covering the wall framing.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.440 Amendment to 2022 CBC Section 2306 (Allowable Stress Design).

Section 2306 of the 2022 California Building Code is amended as follows:

2306.1 – 2306.1.4 {CBC text not modified}

2306.2 Wood-frame diaphragms. Wood-frame diaphragms shall be designed and constructed in accordance with AWC SDPWS. Where panels are fastened to framing members with staples, requirements and limitations of AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.2(1) or 2306.2(2) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.

Exception: Allowable shear values where panels are fastened to framing members with staples may be used if such values are substantiated by cyclic testing and approved by the building official.

The allowable shear values in Tables 2306.2(1) and 2306.2(2) are permitted to be increased 40 percent for wind design.

Wood structural panel diaphragms used to resist seismic forces in structures assigned to Seismic Design Category D, E or F shall be applied directly to the framing members.

Exception: Wood structural panel diaphragms are permitted to be fastened over solid lumber planking or laminated decking, provided the panel joints and lumber planking or laminated decking joints do not coincide.

2306.2.1 deleted.

2306.3 Wood structural panel shear walls. Wood-frame shear walls shall be designed and constructed in accordance with AWC SDPWS. For structures assigned to Seismic Design Category D, E, or F, application of Tables 4.3A and 4.3B of AWC SDPWS shall include the following:

1. Wood structural panel thickness for shear walls shall not be less than 7/16 inch thick OSB, or 1/2 inch plywood and studs shall not be spaced at more than 16 inches on center.

2. The maximum nominal unit shear capacities for wood structural panels resisting seismic forces in structures assigned to Seismic Design Category D, E or F is specified in the tables.

Exception: Other nominal unit shear capacities may be permitted if such values are substantiated by cyclic testing and approved by the building official.

3. Where shear design values using allowable stress design (ASD) exceed 350 plf or load and resistance factor design (LRFD) exceed 500 plf, all framing members receiving edge nailing from abutting panels shall not be less than a single 3-inch nominal member, or two 2-inch nominal members fastened together in accordance with Section 2306.1 to transfer the design shear value between framing members. Wood structural panel joint and sill plate nailing shall be staggered at all panel edges. See Sections 4.3.6.1 and 4.3.6.4.3 of AWC SDPWS for sill plate size and anchorage requirements.

4. Nails shall be placed not less than 1/2-inch in from the panel edges and not less than 3/8 inch from the edge of the connecting members for shear greater than 350 plf using ASD or 500 plf using LRFD. Nails shall be placed not less than 3/8-inch from panel edges and not less than 1/4-inch from the edge of the connecting members for shears of 350 plf or less using ASD or 500 plf or less using LRFD.

5. Table 4.3B application is not allowed for structures assigned to Seismic Design Category D, E, or F.

For structures assigned to Seismic Design Category D, application of Table 4.3C of AWC SDPWS shall not be used below the top level in a multi-level building for structures.

Where panels are fastened to framing members with staples, requirements and limitations of AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.3(1), 2306.3(2) or 2306.3(3) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.

Exception: Allowable shear values where panels are fastened to framing members with staples may be used if such values are substantiated by cyclic testing and approved by the building official.

The allowable shear values in Tables 2306.3(1) and 2306.3(2) are permitted to be increased 40 percent for wind design. Panels complying with ANSI/APA PRP-210 shall be permitted to use design values for Plywood Siding in the AWC SDPWS.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.450 Amendment to 2022 CBC Section 2307 (Load and Resistant Factor Design).

Section 2307 of the 2022 California Building Code is amended as follows:

2307.1 {CBC text not modified}

2307.2 Wood-frame shear walls. Wood-frame shear walls shall be designed and constructed in accordance with Section 2306.3 as applicable.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.460 Amendment to 2022 CBC Section 2308 (Conventional Light Frame Construction).

Section 2308 of the 2022 California Building Code is amended as follows:

2308.1 – 2308.6.8 {CBC text not modified except table 2308.6.1}

2308.6.8.1 Foundation requirements. Braced wall lines shall be supported by continuous foundations.

Exception: For structures with a maximum plan dimension not over 50 feet (15,240 mm), continuous foundations are required at exterior walls only for structures assigned to Seismic Design Category A, B, or C.

For structures in Seismic Design Categories D and E, exterior braced wall panels shall be in the same plane vertically with the foundation or the portion of the structure containing the offset shall be designed in accordance with accepted engineering practice and Section 2308.1.1.

2308.6.8.2 – 2308.6.8.3 {CBC text not modified}

2308.6.9 Attachment of sheathing. Fastening of braced wall panel sheathing shall not be less than that prescribed in Table 2308.6.1 or 2304.10.1. Wall sheathing shall not be attached to framing members by adhesives. Staple fasteners in Table 2304.10.1 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.

Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing and approved by the building official.

All braced wall panels shall extend to the roof sheathing and shall be attached to parallel roof rafters or blocking above with framing clips (18 gauge minimum) spaced at maximum 24 inches (6,096 mm) on center with four 8d nails per leg (total eight 8d nails per clip). Braced wall panels shall be laterally braced at each top corner and at maximum 24 inches (6,096 mm) intervals along the top plate of discontinuous vertical framing.

2308.6.10 – 2308.8.2 {CBC text not modified}

Add new footnotes f. and g. to Table 2308.6.1:

Footnote f.– DWB, SFB, PBS, GB, PCP, and HPS wall braces are not permitted in Seismic Design Category D or E.

Footnote g. – WSP sheathing shall be a minimum of 7/16 inches thick , or 1/2 inch plywood nailed with 8d common nails placed 3/8 inches from panel edges and spaced not more than 6 inches on center and 12 inches on center along intermediate framing members.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.470 Amendment to 2022 CBC Section 2505 (Shearwall Construction).

Section 2505 of the 2022 California Building Code is deleted. (Ord. 11-2022 § 3, 11-1-22.)

15.10.480 Amendment to 2022 CBC Section 2508 (Gypsum Construction).

Section 2508 of the 2022 California Building Code is amended as follows.

2508.1 – 2508.4 {CBC text not modified}

2508.5 deleted.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.490 Amendment to 2022 CBC Section 3304 (Site Work).

Section 3304 of the 2022 California Building Code is amended as follows.

3304.1 – 3304.1.5 {CBC text not modified}

3304.2 Dust and Mud Control Measures. Contractors performing grading operations or site work within the city where dry conditions or wet conditions are encountered shall adequately and effectively control dust or mud from spreading off site or onto existing structures on site. Prior to commencement of grading operations, contractor shall furnish details of proposed dust or mud control measures to the building official for approval. Failure to control dust or mud from grading operations shall result in suspension of grading operations until adequate measures are in place to allow continuance.

(Ord. 11-2022 § 3, 11-1-22.)

15.10.500 Supplemental building codes.

The provisions of Fremont Municipal Code Title 15 (Buildings and Construction), Chapter 15.50 (Building Security) supplement the 2022 California Building Code as adopted by this chapter as provided in Penal Code Section 14051. (Ord. 11-2022 § 3, 11-1-22.)