Fresno, CA

[see word document]

Cal. Labor Code § 230 Jury duty; legal actions by victims of domestic violence, sexual assault, or stalking; employer prohibited from discharging or discriminating against employee for taking time off for court appearance or due to employee’s status as a victim; advance notice for time off; reasonable accommodation; reinstatement and reimbursement; right to file complaint with the Division of Labor Standards Enforcement; compensatory time off
Effective: 1/1/21 – Through: 7/1/22
(a) An employer shall not discharge or in any manner discriminate against an employee for taking time off to serve as required by law on an inquest jury or trial jury, if the employee, prior to taking the time off, gives reasonable notice to the employer that the employee is required to serve.

(b) An employer shall not discharge or in any manner discriminate or retaliate against an employee, including, but not limited to, an employee who is a victim of a crime, for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding.

(c) An employer shall not discharge or in any manner discriminate or retaliate against an employee who is a victim for taking time off from work to obtain or attempt to obtain any relief. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child.

(d) (1) As a condition of taking time off for a purpose set forth in subdivision (c), the employee shall give the employer reasonable advance notice of the employee’s intention to take time off, unless the advance notice is not feasible.

(2) When an unscheduled absence occurs, the employer shall not take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer. Certification shall be sufficient in the form of any of the following:

(A) A police report indicating that the employee was a victim.

(B) A court order protecting or separating the employee from the perpetrator of the crime or abuse, or other evidence from the court or prosecuting attorney that the employee has appeared in court.

(C) Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, victim advocate, licensed health care provider, or counselor that the employee was undergoing treatment or receiving services for physical or mental injuries or abuse resulting in victimization from the crime or abuse.

(D) Any other form of documentation that reasonably verifies that the crime or abuse occurred, including but not limited to, a written statement signed by the employee, or an individual acting on the employee’s behalf, certifying that the absence is for a purpose authorized under this section or under Section 230.1.

(3) To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (f), the employer shall maintain the confidentiality of any employee requesting leave under subdivision (c).

(e) An employer shall not discharge or in any manner discriminate or retaliate against an employee because of the employee’s status as a victim of crime or abuse, if the employee provides notice to the employer of the status or the employer has actual knowledge of the status.

(f) (1) An employer shall provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work.

(2) For purposes of this subdivision, reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, changed work station, installed lock, assistance in documenting domestic violence, sexual assault, stalking, or other crime that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, stalking, or other crime, or referral to a victim assistance organization.

(3) An employer is not required to provide a reasonable accommodation to an employee who has not disclosed the employee’s status as a victim of domestic violence, sexual assault, or stalking.

(4) The employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.

(5) In determining whether the accommodation is reasonable, the employer shall consider an exigent circumstance or danger facing the employee.

(6) This subdivision does not require the employer to undertake an action that constitutes an undue hardship on the employer’s business operations, as defined by Section 12926 of the Government Code. For the purposes of this subdivision, an undue hardship also includes an action that would violate an employer’s duty to furnish and maintain a place of employment that is safe and healthful for all employees as required by Section 6400 of the Labor Code.

(7) (A) Upon the request of an employer, an employee requesting a reasonable accommodation pursuant to this subdivision shall provide the employer a written statement signed by the employee or an individual acting on the employee’s behalf, certifying that the accommodation is for a purpose authorized under this subdivision.

(B) The employer may also request certification from an employee requesting an accommodation pursuant to this subdivision demonstrating the employee’s status as a victim of domestic violence, sexual assault, or stalking. Certification shall be sufficient in the form of any of the categories described in paragraph (3) of subdivision (d).

(C) An employer who requests certification pursuant to subparagraph (B) may request recertification of an employee’s status as a victim of domestic violence, sexual assault, or stalking, or ongoing circumstances related to the crime or abuse, every six months after the date of the previous certification.

(D) Any verbal or written statement, police or court record, or other documentation provided to an employer identifying an employee as a victim shall be maintained as confidential by the employer and shall not be disclosed by the employer except as required by federal or state law or as necessary to protect the employee’s safety in the workplace. The employee shall be given notice before any authorized disclosure.

(E) (i) If circumstances change and an employee needs a new accommodation, the employee shall request a new accommodation from the employer.

(ii) Upon receiving the request, the employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.

(F) If an employee no longer needs an accommodation, the employee shall notify the employer that the accommodation is no longer needed.

(8) An employer shall not retaliate against a victim for requesting a reasonable accommodation, regardless of whether the request was granted.

(g) (1) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by their employer because the employee has taken time off for a purpose set forth in subdivision (a) or (b) shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.

(2) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by their employer for reasons prohibited in subdivision (c) or (e), or because the employee has requested or received a reasonable accommodation as set forth in subdivision (f), shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief.

(3) An employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor.

(h) (1) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by their employer because the employee has exercised their rights as set forth in subdivision (a), (b), (c), (e), or (f) may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations pursuant to Section 98.7.

(2) Notwithstanding any time limitation in Section 98.7, an employee may file a complaint with the division based upon a violation of subdivision (c), (e), or (f) within one year from the date of occurrence of the violation.

(i) An employee may use vacation, personal leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective bargaining agreement, for time taken off for a purpose specified in subdivision (a), (b), or (c). The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition.

(j) For purposes of this section:

(1) “Crime” means a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime.

(2) “Domestic violence” means any of the types of abuse set forth in Section 6211 of the Family Code, as amended.

(3) “Immediate family member” means a person who is any of the following:

(A) Regardless of age, a biological, adopted, or foster child, stepchild, or legal ward, a child of a domestic partner, a child to whom the employee stands in loco parentis, or a person to whom the employee stood in loco parentis when the person was a minor.

(B) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or an employee’s spouse or domestic partner, or a person who stood in loco parentis when the employee or the employee’s spouse or domestic partner was a minor child.

(C) A person to whom the employee is legally married under the laws of any state, or a domestic partner of an employee as registered under the laws of any state or political subdivision.

(D) A biological, foster, or adoptive sibling, a stepsibling, or a half-sibling.

(E) Any other individual whose close association with the employee is the equivalent of a family relationship described in subparagraph (A), (B), (C), or (D).

(4) “Sexual assault” means any of the crimes set forth in Section 261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 287, 288, 288.5, 289, or 311.4 of, or former Section 288a of, the Penal Code, as amended.

(5) “Stalking” means a crime set forth in Section 646.9 of the Penal Code or Section 1708.7 of the Civil Code.

(6) “Victim” includes any of the following:

(A) A victim of stalking, domestic violence, or sexual assault.

(B) A victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury.

(C) A person whose immediate family member is deceased as the direct result of a crime.

(D) For the purposes of subdivision (b) only, any person against whom any crime has been committed.

(7) “Victim advocate” means an individual, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of an agency or organization that has a documented record of providing services to victims, or under the auspices or supervision of a court or a law enforcement or prosecution agency.

Cal. Labor Code § 246 Paid sick days
Effective: 6/29/20 – Through: 7/1/22
(a) (1) An employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in this section. For an individual provider of waiver personal care services under Section 14132.97 of the Welfare and Institutions Code who also provides in-home supportive services in an applicable month, eligibility shall be determined based on the aggregate number of monthly hours worked between in-home supportive services and waiver personal care services pursuant to subdivision (d) of Section 14132.971.

(2) On and after July 1, 2018, a provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code, who works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in subdivision (e) and subject to the rate of accrual in paragraph (1) of subdivision (b). For an individual provider of waiver personal care services under Section 14132.97 of the Welfare and Institutions Code, entitlement to paid sick days begins on July 1, 2019.

(b) (1) An employee shall accrue paid sick days at the rate of not less than one hour per every 30 hours worked, beginning at the commencement of employment or the operative date of this article, whichever is later, subject to the use and accrual limitations set forth in this section.

(2) An employee who is exempt from overtime requirements as an administrative, executive, or professional employee under a wage order of the Industrial Welfare Commission is deemed to work 40 hours per workweek for the purposes of this section, unless the employee’s normal workweek is less than 40 hours, in which case the employee shall accrue paid sick days based upon that normal workweek.

(3) An employer may use a different accrual method, other than providing one hour per every 30 hours worked, provided that the accrual is on a regular basis so that an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period.

(4) An employer may satisfy the accrual requirements of this section by providing not less than 24 hours or three days of paid sick leave that is available to the employee to use by the completion of the employee’s 120th calendar day of employment.

(c) An employee shall be entitled to use accrued paid sick days beginning on the 90th day of employment, after which day the employee may use paid sick days as they are accrued.

(d) Accrued paid sick days shall carry over to the following year of employment. However, an employer may limit an employee’s use of accrued paid sick days to 24 hours or three days in each year of employment, calendar year, or 12-month period. This section shall be satisfied and no accrual or carryover is required if the full amount of leave is received at the beginning of each year of employment, calendar year, or 12-month period. The term “full amount of leave” means three days or 24 hours.

(e) For a provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, and an individual provider of waiver personal care services under Section 14132.97 of, the Welfare and Institutions Code, the term “full amount of leave” is defined as follows:

(1) Eight hours or one day in each year of employment, calendar year, or 12-month period beginning July 1, 2018.

(2) Sixteen hours or two days in each year of employment, calendar year, or 12-month period beginning when the minimum wage, as set forth in paragraph (1) of subdivision (b) of Section 1182.12 and accounting for any years postponed under subparagraph (D) of paragraph (3) of subdivision (d) of Section 1182.12, has reached thirteen dollars ($13) per hour.

(3) Twenty-four hours or three days in each year of employment, calendar year, or 12-month period beginning when the minimum wage, as set forth in paragraph (1) of subdivision (b) of Section 1182.12 and accounting for any years postponed under subparagraph (D) of paragraph (3) of subdivision (d) of Section 1182.12, has reached fifteen dollars ($15) per hour.

(f) An employer is not required to provide additional paid sick days pursuant to this section if the employer has a paid leave policy or paid time off policy, the employer makes available an amount of leave applicable to employees that may be used for the same purposes and under the same conditions as specified in this section, and the policy satisfies one of the following:

(1) Satisfies the accrual, carryover, and use requirements of this section.

(2) Provided paid sick leave or paid time off to a class of employees before January 1, 2015, pursuant to a sick leave policy or paid time off policy that used an accrual method different than providing one hour per 30 hours worked, provided that the accrual is on a regular basis so that an employee, including an employee hired into that class after January 1, 2015, has no less than one day or eight hours of accrued sick leave or paid time off within three months of employment of each calendar year, or each 12-month period, and the employee was eligible to earn at least three days or 24 hours of sick leave or paid time off within nine months of employment. If an employer modifies the accrual method used in the policy it had in place prior to January 1, 2015, the employer shall comply with any accrual method set forth in subdivision (b) or provide the full amount of leave at the beginning of each year of employment, calendar year, or 12-month period. This section does not prohibit the employer from increasing the accrual amount or rate for a class of employees covered by this subdivision.

(3) Notwithstanding any other law, sick leave benefits provided pursuant to the provisions of Sections 19859 to 19868.3, inclusive, of the Government Code, or annual leave benefits provided pursuant to the provisions of Sections 19858.3 to 19858.7, inclusive, of the Government Code, or by provisions of a memorandum of understanding reached pursuant to Section 3517.5 that incorporate or supersede provisions of Section 19859 to 19868.3, inclusive, or Sections 19858.3 to 19858.7, inclusive of the Government Code, meet the requirements of this section.

(g) (1) Except as specified in paragraph (2), an employer is not required to provide compensation to an employee for accrued, unused paid sick days upon termination, resignation, retirement, or other separation from employment.

(2) If an employee separates from an employer and is rehired by the employer within one year from the date of separation, previously accrued and unused paid sick days shall be reinstated. The employee shall be entitled to use those previously accrued and unused paid sick days and to accrue additional paid sick days upon rehiring, subject to the use and accrual limitations set forth in this section. An employer is not required to reinstate accrued paid time off to an employee that was paid out at the time of termination, resignation, or separation of employment.

(h) An employer may lend paid sick days to an employee in advance of accrual, at the employer’s discretion and with proper documentation.

(i) An employer shall provide an employee with written notice that sets forth the amount of paid sick leave available, or paid time off leave an employer provides in lieu of sick leave, for use on either the employee’s itemized wage statement described in Section 226 or in a separate writing provided on the designated pay date with the employee’s payment of wages. If an employer provides unlimited paid sick leave or unlimited paid time off to an employee, the employer may satisfy this section by indicating on the notice or the employee’s itemized wage statement “unlimited.” The penalties described in this article for a violation of this subdivision shall be in lieu of the penalties for a violation of Section 226. This subdivision shall apply to employers covered by Wage Order 11 or 12 of the Industrial Welfare Commission only on and after January 21, 2016.

(j) An employer has no obligation under this section to allow an employee’s total accrual of paid sick leave to exceed 48 hours or 6 days, provided that an employee’s rights to accrue and use paid sick leave are not limited other than as allowed under this section.

(k) An employee may determine how much paid sick leave they need to use, provided that an employer may set a reasonable minimum increment, not to exceed two hours, for the use of paid sick leave.

(l) For the purposes of this section, an employer shall calculate paid sick leave using any of the following calculations:

(1) Paid sick time for nonexempt employees shall be calculated in the same manner as the regular rate of pay for the workweek in which the employee uses paid sick time, whether or not the employee actually works overtime in that workweek.

(2) Paid sick time for nonexempt employees shall be calculated by dividing the employee’s total wages, not including overtime premium pay, by the employee’s total hours worked in the full pay periods of the prior 90 days of employment.

(3) Paid sick time for exempt employees shall be calculated in the same manner as the employer calculates wages for other forms of paid leave time.

(m) If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable.

(n) An employer shall provide payment for sick leave taken by an employee no later than the payday for the next regular payroll period after the sick leave was taken.

(o) The State Department of Social Services, in consultation with stakeholders, shall convene a workgroup to implement paid sick leave for in-home supportive services providers as specified in this section. This workgroup shall finish its implementation work by November 1, 2017, and the State Department of Social Services shall issue guidance such as an all-county letter or similar instructions by December 1, 2017.

(p) No later than February 1, 2019, the State Department of Social Services, in consultation with the Department of Finance and stakeholders, shall reconvene the paid sick leave workgroup for in-home supportive services providers. The workgroup shall discuss how paid sick leave affects the provision of in-home supportive services. The workgroup shall consider the potential need for a process to cover an in-home supportive services recipient’s authorized hours when a provider needs to utilize their sick time. This workgroup shall finish its work by November 1, 2019.

(q) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, or make specific this section by means of an all-county letter, or similar instructions, without taking any regulatory action.

Cal. Labor Code § 230.1. Employers with 25 or more employees; victims of crime or abuse; employer prohibited from discharging or discriminating against employee for taking time off for specific purposes; advance notice; confidentiality; reinstatement and reimbursement; right to file complaint with Division of Labor Standards Enforcement; compensatory time off or unpaid leave
Effective: 1/1/21 – Through: 7/1/22
(a) In addition to the requirements and prohibitions imposed on employees pursuant to Section 230, an employer with 25 or more employees shall not discharge, or in any manner discriminate or retaliate against, an employee who is a victim, for taking time off from work for any of the following purposes:

(1) To seek medical attention for injuries caused by crime or abuse.

(2) To obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse.

(3) To obtain psychological counseling or mental health services related to an experience of crime or abuse.

(4) To participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation.

(b) (1) As a condition of taking time off for a purpose set forth in subdivision (a), the employee shall give the employer reasonable advance notice of the employee’s intention to take time off, unless the advance notice is not feasible.

(2) When an unscheduled absence occurs, the employer shall not take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer. Certification shall be sufficient in the form of any of the categories described in paragraph (2) of subdivision (d) of Section 230.

(3) To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (f) of Section 230, employers shall maintain the confidentiality of any employee requesting leave under subdivision (a).

(c) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by their employer because the employee has taken time off for a purpose set forth in subdivision (a) is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief. An employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor.

(d) (1) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by their employer because the employee has exercised their rights as set forth in subdivision (a) may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations pursuant to Section 98.7.

(2) Notwithstanding any time limitation in Section 98.7, an employee may file a complaint with the division based upon a violation of subdivision (a) within one year from the date of occurrence of the violation.

(e) An employee may use vacation, personal leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective bargaining agreement, for time taken off for a purpose specified in subdivision (a). The entitlement of any employee under this section shall not be diminished by any term or condition of a collective bargaining agreement.

(f) This section does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.).

(g) For purposes of this section:

(1) “Crime” means a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime.

(2) “Domestic violence” means any of the types of abuse set forth in Section 6211 of the Family Code, as amended.

(3) “Immediate family member” means a person who is any of the following:

(A) Regardless of age, a biological, adopted, or foster child, stepchild, or legal ward, a child of a domestic partner, a child to whom the employee stands in loco parentis, or a person to whom the employee stood in loco parentis when the person was a minor.

(B) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or an employee’s spouse or domestic partner, or a person who stood in loco parentis when the employee or the employee’s spouse or domestic partner was a minor child.

(C) A person to whom the employee is legally married under the laws of any state, or a domestic partner of an employee as registered under the laws of any state or political subdivision.

(D) A biological, foster, or adoptive sibling, a stepsibling, or a half-sibling.

(E) Any other individual whose close association with the employee is the equivalent of a family relationship described in subparagraph (A), (B), (C), or (D).

(4) “Sexual assault” means any of the crimes set forth in Section 261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 287, 288, 288.5, 289, or 311.4 of, or former Section 288a of, the Penal Code, as amended.

(5) “Stalking” means a crime set forth in Section 646.9 of the Penal Code or Section 1708.7 of the Civil Code.

(6) “Victim” includes any of the following:

(A) A victim of stalking, domestic violence, or sexual assault.

(B) A victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury.

(C) A person whose immediate family member is deceased as the direct result of a crime.

(7) “Victim services organization or agency” means an agency or organization that has a documented record of providing services to victims.

(h) (1) Employers shall inform each employee of their rights established under this section and subdivisions (c), (e), and (f) of Section 230 in writing. The information shall be provided to new employees upon hire and to other employees upon request.

(2) The Labor Commissioner shall develop a form that an employer may use to comply with the notice requirements in paragraph (1). The form shall set forth the rights and duties of employers and employees under this section in clear and concise language. The Labor Commissioner shall post the form on the commissioner’s internet website to make it available to employers who are required to comply with this section. If an employer elects not to use the form developed by the Labor Commissioner, the notice provided by the employer to the employees shall be substantially similar in content and clarity to the form developed by the Labor Commissioner. The Labor Commissioner shall revise the form and post it in accordance with this paragraph on or before January 1, 2022.

(3) Employers shall not be required to comply with paragraph (1) until the Labor Commissioner posts the form on the commissioner’s internet website in accordance with paragraph (2).

Cal. Labor Code § 245.5 Definitions
Effective: 7/1/17 – Through: 7/1/22
As used in this article:

(a) “Employee” does not include the following:

(1) An employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees, final and binding arbitration of disputes concerning the application of its paid sick days provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.

(2) An employee in the construction industry covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and regular hourly pay of not less than 30 percent more than the state minimum wage rate, and the agreement either (A) was entered into before January 1, 2015, or (B) expressly waives the requirements of this article in clear and unambiguous terms. For purposes of this subparagraph, “employee in the construction industry” means an employee performing work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades.

(3) An individual employed by an air carrier as a flight deck or cabin crew member that is subject to the provisions of Title II of the federal Railway Labor Act (45 U.S.C. Sec. 151 et seq.), provided that the individual is provided with compensated time off equal to or exceeding the amount established in paragraph (1) of subdivision (b) of Section 246.

(4) An employee of the state, city, county, city and county, district, or any other public entity who is a recipient of a retirement allowance and employed without reinstatement into his or her respective retirement system pursuant to either Article 8 (commencing with Section 21220) of Chapter 12 of Part 3 of Division 5 of Title 2 of the Government Code, or Article 8 (commencing with Section 31680) of Chapter 3 of Part 3 of Division 4 of Title 3 of the Government Code.

(b) “Employer” means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities.

(c) “Family member” means any of the following:

(1) A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.

(2) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.

(3) A spouse.

(4) A registered domestic partner.

(5) A grandparent.

(6) A grandchild.

(7) A sibling.

(d) “Health care provider” has the same meaning as defined in paragraph (6) of subdivision (c) of Section 12945.2 of the Government Code.

(e) “Paid sick days” means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246.5.

Cal. Labor Code § 246.5 Employer provided sick days; employee request; replacement workers; accrued sick days
Effective: 1/1/15 – Through: 7/1/22
(a) Upon the oral or written request of an employee, an employer shall provide paid sick days for the following purposes:

(1) Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member.

(2) For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in subdivision (c) of Section 230 and subdivision (a) of Section 230.1.

(b) An employer shall not require as a condition of using paid sick days that the employee search for or find a replacement worker to cover the days during which the employee uses paid sick days.

(c) (1) An employer shall not deny an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days, attempting to exercise the right to use accrued sick days, filing a complaint with the department or alleging a violation of this article, cooperating in an investigation or prosecution of an alleged violation of this article, or opposing any policy or practice or act that is prohibited by this article.

(2) There shall be a rebuttable presumption of unlawful retaliation if an employer denies an employee the right to use accrued sick days, discharges, threatens to discharge, demotes, suspends, or in any manner discriminates against an employee within 30 days of any of the following:

(A) The filing of a complaint by the employee with the Labor Commissioner or alleging a violation of this article.

(B) The cooperation of an employee with an investigation or prosecution of an alleged violation of this article.

(C) Opposition by the employee to a policy, practice, or act that is prohibited by this article.

Fresno Municipal Code § 9-2507 Exposure of Minors to Tobacco Products
Effective: 6/16/99 – Through: 7/1/22
(a) Declaration:

b; The Council of the City of Fresno finds and declares that reducing and eventually eliminating the illegal purchase and consumption of tobacco products by minors is critical to ensuring the long-term health of the citizens of this city. The Council further finds and declares self-service tobacco displays may contribute to youth use of tobacco by promoting shoplifting and illegal sales. More than 188 cities in Arizona, California, Colorado, Kansas, Maine, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Oregon, Pennsylvania, Texas, Utah and Wisconsin have successfully adopted ordinances banning self-service tobacco displays. It is believed that such ordinances have successfully reduced shoplifting of tobacco by minors and sales of tobacco to minors. In order to protect the health, safety and welfare of minors from the health risks of tobacco use, to minimize the exposure by minors to tobacco products and to prevent minors from breaking existing laws by purchasing, stealing or possessing tobacco products, the Council of the City of Fresno adopts this ordinance.

(b) Definitions:

(1) ”Employee” means any person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed. Employee also includes any person volunteering his or her time or service.

(2) ”Minor” means any person under 18 years of age.

(3) ”Tobacco Product” means any tobacco, cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco, which may be utilized for smoking, chewing, inhaling, snuffing or other manner of ingestion or absorption in the human body.

(4) ”Tobacco Shops” means a business establishment in which fifty percent (50%) or more of any one or more of the following is devoted to or attributable to the sale of pipe tobacco or cigars:

(i) Wall Space or any other display area such as tables, racks or display structures; or,

(ii) Gross revenues.

(c) Use of Tobacco By Minor. No minor shall, in the streets, or in any public place, smoke a cigar, pipe, cigarette or shall use tobacco in any form.

(d) Display of Tobacco Products. It shall be unlawful for any person, firm, corporation, business, partnership or other entity doing business within the City of Fresno to store, stock, keep or display for sale or transfer any tobacco product in an area other than a place that is locked and secured or is otherwise made unavailable to the public and which is accessible only to the employees of the business. This prohibition shall not apply to “Tobacco Shops.”

(e) Violations. A violation of this section is punishable pursuant to Article 3 of Chapter 1 of the Fresno Municipal Code.

Cal. Health & Safety Code § 104559.5 Prohibition of sale of flavored tobacco product or tobacco product flavor enhancer; definitions; exceptions; violation; preemption
Effective: 1/1/21 – Through: 1/1/23
(a) For purposes of this section, the following definitions apply:

(1) “Characterizing flavor” means a distinguishable taste or aroma, or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product. Characterizing flavors include, but are not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes a characterizing flavor.

(2) “Constituent” means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product.

(3) “Flavored shisha tobacco product” means any shisha tobacco product that contains a constituent that imparts a characterizing flavor.

(4) “Flavored tobacco product” means any tobacco product that contains a constituent that imparts a characterizing flavor.

(5) “Hookah” means a type of waterpipe, used to smoke shisha or other tobacco products, with a long flexible tube for drawing aerosol through water. Components of a hookah may include heads, stems, bowls, and hoses.

(6) “Hookah tobacco retailer” means a tobacco retailer that is engaged in the retail sale of shisha tobacco products, hookah, and hookah smoking accessories.

(7) “Labeling” means written, printed, pictorial, or graphic matter upon a tobacco product or any of its packaging.

(8) “Loose leaf tobacco” consists of cut or shredded pipe tobacco, usually sold in pouches, excluding any tobacco product which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes, including roll-your-own cigarettes.

(9) “Packaging” means a pack, box, carton, or container of any kind, or, if no other container, any wrapping, including cellophane, in which a tobacco product is sold or offered for sale to a consumer.

(10) “Premium cigar” means any cigar that is handmade, is not mass produced by use of mechanization, has a wrapper that is made entirely from whole tobacco leaf, and has a wholesale price of no less than twelve dollars ($12). A premium cigar does not have a filter, tip, or nontobacco mouthpiece and is capped by hand.

(11) “Retail location” means both of the following:

(A) A building from which tobacco products are sold at retail.

(B) A vending machine.

(12) “Sale” or “sold” means a sale as that term is defined in Section 30006 of the Revenue and Taxation Code.

(13) “Shisha tobacco product” means a tobacco product smoked or intended to be smoked in a hookah. “Shisha tobacco product” includes, and may be referred to as, hookah tobacco, waterpipe tobacco, maassel, narghile, and argileh. “Shisha tobacco product” does not include any electronic devices, such as an electronic hookah, electronic cigarette, or electronic tobacco product.

(14) “Tobacco product” means a tobacco product as defined in paragraph (8) of subdivision (a) of Section 104495, as that provision may be amended from time to time.

(15) “Tobacco product flavor enhancer” means a product designed, manufactured, produced, marketed, or sold to produce a characterizing flavor when added to a tobacco product.

(16) “Tobacco retailer” means a person who engages in this state in the sale of tobacco products directly to the public from a retail location. “Tobacco retailer” includes a person who operates vending machines from which tobacco products are sold in this state.

(b) (1) A tobacco retailer, or any of the tobacco retailer’s agents or employees, shall not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer.

(2) There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer’s agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, images, or all, on the product’s labeling or packaging that are used to explicitly or implicitly communicate that the tobacco product has a characterizing flavor.

(c) Subdivision (b) does not apply to the sale of flavored shisha tobacco products by a hookah tobacco retailer if all of the following conditions are met:

(1) The hookah tobacco retailer has a valid license to sell tobacco products issued pursuant to Chapter 2 (commencing with Section 22971.7) of Division 8.6 of the Business and Professions Code.

(2) The hookah tobacco retailer does not permit any person under 21 years of age to be present or enter the premises at any time.

(3) The hookah tobacco retailer shall operate in accordance with all relevant state and local laws relating to the sale of tobacco products.

(4) If consumption of tobacco products is allowed on the premises of the hookah tobacco retailer, the hookah tobacco retailer shall operate in accordance with all state and local laws relating to the consumption of tobacco products on the premises of a tobacco retailer, including, but not limited to, Section 6404.5 of the Labor Code.

(d) Subdivision (b) does not apply to sales of premium cigars sold in cigar lounges where products are purchased and consumed only on the premises.

(e) Subdivision (b) does not apply to loose leaf tobacco or premium cigars.

(f) A tobacco retailer, or agent or employee of a tobacco retailer, who violates this section is guilty of an infraction and shall be punished by a fine of two hundred fifty dollars ($250) for each violation of this section.

(g) This section does not preempt or otherwise prohibit the adoption of a local standard that imposes greater restrictions on the access to tobacco products than the restrictions imposed by this section. To the extent that there is an inconsistency between this section and a local standard that imposes greater restrictions on the access to tobacco products, the greater restriction on the access to tobacco products in the local standard shall prevail.

Cal. Health & Safety Code § 104495 Definitions; tobacco product use near youth sports events or playground sandbox areas; punishment; applicability of section
Effective: 1/1/17 – Through: 1/1/23
(a) For the purposes of this section, the following definitions shall govern:

(1) “Playground” means any park or recreational area specifically designed to be used by children that has play equipment installed, or any similar facility located on public or private school grounds, or on city, county, or state park grounds.

(2) “Tot lot sandbox area” means a designated play area within a public park for the use by children under five years of age. Where the area is not contained by a fence, the boundary of a tot lot sandbox area shall be defined by the edge of the resilient surface of safety material, such as concrete or wood, or any other material surrounding the tot lot sandbox area.

(3) “Public park” includes a park operated by a public agency.

(4) “Youth sports event” means any practice, game, or related activity organized by any entity at which athletes up to 18 years of age are present.

(5) “Smoke or smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.

(6) “Cigarette” means the same as defined in Section 104556.

(7) “Cigar” means the same as defined in Section 104550.

(8) (A) “Tobacco product” means any of the following:

(i) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.

(ii) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.

(iii) Any component, part, or accessory of a tobacco product, whether or not sold separately.

(B) Notwithstanding subparagraph (A), “tobacco product” does not include a nicotine replacement product approved by the United States Food and Drug Administration.

(b) A person shall not smoke a cigarette, cigar, or other tobacco product within 25 feet of any playground or tot lot sandbox area.

(c) A person shall not dispose of cigarette butts, cigar butts, or any other tobacco-related waste within 25 feet of a playground or a tot lot sandbox area.

(d) A person located in the same park or facility where a youth sports event is taking place shall not use a tobacco product within 250 feet of the youth sports event.

(e) A person shall not intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this section.

(f) Any person who violates this section is guilty of an infraction and shall be punished by a fine of two hundred fifty dollars ($250) for each violation of this section. Punishment under this section shall not preclude punishment pursuant to Section 13002, Section 374.4 of the Penal Code, or any other law proscribing the act of littering.

(g) The prohibitions contained in subdivisions (b) and (c) shall not apply to a public sidewalk located within 25 feet of a playground or a tot lot sandbox area.

(h) This section shall not preempt the authority of any county, city, or city and county to regulate smoking around playgrounds or tot lot sandbox areas. Any county, city, or city and county may enforce any ordinance adopted prior to January 1, 2002, or may adopt and enforce new regulations that are more restrictive than this section, on and after January 1, 2002.

(i) This section shall not preempt the authority of any county, city, or city and county to regulate the use of a tobacco product around a youth sports event. Any county, city, or city and county may enforce any ordinance adopted before January 1, 2017, or may adopt and enforce a new regulation that is more restrictive than this section, on and after January 1, 2017.

Fresno Resolution 22-633 (https://fresno.legistar.com/View.ashx?M=F&ID=10819121&GUID=53EE82F2-C1C3-488C-9B77-FA4C83F12860)

Fresno Code of Ordinances § 10-1606. – EXEMPTIONS.
Effective: 7/8/21 – Through: 7/1/22
(a) The following shall be subject to registration under this article, but shall be exempt from routine and baseline inspection:

(1) Newly Constructed Buildings. Newly constructed buildings shall be exempt from this article for a period of ten years. The ten year period begins to run on the date of issuance of the certificate of occupancy. Such exemption shall continue for additional five year periods, up to twenty years, if the City receives no complaints about the Property.

(2) Government Regulated, Subsidized Residential Rental Units or those with Government-Sponsored Financing. Those Properties that are subject to routine inspections by another government or quasi-governmental agency (i.e., Housing Authority) or government-sponsored enterprises (i.e., Fannie Mae, Freddie Mac, etc.).

(b) An Owner is required to provide an affidavit signed under penalty of perjury certifying the Property is exempt.

(c) A Residential Rental Unit that is determined to be exempt shall become subject to the requirements of this article if a notice and order relating to the Property is issued pursuant to the provisions of this code. A Property that loses its exemption pursuant to this subsection may reinstate its exemption if:

(1) After the last inspection conducted pursuant to this article, the Inspector determines that no violations exist; and

(2) The Owner is not delinquent on any payment to the city of fees, penalties, business taxes or other monies related to the Property.

Fresno Code of Ordinances § 10-1601. – PURPOSE AND INTENT.
Effective: 7/8/21 – Through: 7/1/22
This article shall be known as the “Rental Housing Improvement Act.” The intent of this article is to safeguard and preserve the housing stock of decent, safe and sanitary residential rental units within the city and to protect persons residing in them by providing for a regular and comprehensive system of inspection and, through such inspections, identify and require the correction of substandard conditions. Additionally, the Council finds the safety of rental housing properties is increased through the participation of owners, tenants, the city and the community. The purpose of this article is to identify substandard housing violations through an effective pro-active and re-active inspection program to ensure rental housing units in the city meet minimum health and safety standards required by the State of California and are safe to occupy, and provide: (1) adequate resources to effectively and timely remedy violations; and (2) to greatly reduce substandard housing in the city.

Fresno Code of Ordinances § 10-1602. – DEFINITIONS.
Effective: 7/8/21 – Through: 7/1/22
For purposes of this article, unless the particular provision or the context otherwise clearly requires, the definitions in this section shall govern the construction, meaning and application of words and phrases used in this article:

(a) “Director” shall mean the City Attorney, or his or her designee.

(b) “City” shall mean the City of Fresno and/or any agent hired to implement this article.

(c) “Health and Safety Standards” shall mean the standards set forth in California Civil Code 1941.1.

(d) “Owner” means the person or entity identified and listed as having title by the latest property tax assessment roll, maintained by the Fresno County Assessor.

(e) “Property” or “Residential Rental Property” means any lot or parcel of land containing Residential Rental Units, and all improvements thereon, including common areas.

(f) “Residential Rental Unit” means any structure or part of a structure that is used or may be used by one or more persons as a home, residence, dwelling, or sleeping place for longer than thirty days, including single family dwellings, duplexes, triplexes, or multi-family (four units or more) residential buildings, which is not an owner occupied unit, including rooming houses, boarding houses, apartment units, condominium units, non-transient hotel and motel units, and single room occupancies, but excluding: (1) mobile home parks; (2) any dwelling unit in a building that is registered as “vacant property” under Section 10-617 of this Code; (3) hotels, motels, and bed and breakfasts used only for transient lodging; (4) any rental units in a state licensed hospital, hospice, community care facility, intermediate care facility, or nursing home; and (5) rental housing units owned, managed or operated by an educational, religious, or medical institution, or by a third party for an educational, religious, or medical institution, when units are used for the sole purpose of housing employees, students, clergy, patients, or others directly related to the institution.

(g) “Tenant’s Affirmative Obligations” shall mean the standards set forth in California Civil Code 1941.2. An Inspector’s determination that a tenant is or is not in substantial violation of Tenant’s Affirmative Obligations, or the cause of the existence of a dilapidation or violation, or interferes substantially with the Owner’s obligation to effect necessary maintenance or repairs is not intended as evidentiary proof of the condition of the unit, and shall be used only for purposes of implementing and enforcing this article.

Fresno Code of Ordinances § 10-1605. – REGISTRATION AND PAYMENT OF FEES.
Effective: 7/8/21 – Through: 7/1/22
(a) All Residential Rental Properties are required to be registered and updated whenever there is a change of ownership or contact information.

(b) A Residential Rental Property is registered with the city when the Owner submits the following to the city:

(1) A completed registration form, made available by the city that contains all of the following information:

(i) Description of the Residential Rental Property, including but not limited to, the street address and APN;

(ii) Number and description, including identifying number, of all Residential Rental Units on the Property;

(iii) Name and current contact information of the Owner;

(iv) Name and current contact information for a local contact representative with full authority to act on behalf of the Owner for all purposes under this article, including the acceptance of service of all notices from the City.

(v) Date of first occupancy.

(vi) The registry will only include the information specified in subparagraphs (i) through (v) of this section.

(vii) To the extent legally permissible, the contact information shall remain confidential and for internal city use only, and not available to any member of the public.

(2) Payment of any outstanding fees, business taxes, or other monies owed to the city related to the Property.

(c) It is unlawful for any person to knowingly make a false statement or knowingly omit any information that is required to register a Residential Rental Unit pursuant to this section.

(d) Registration shall remain valid unless or until one of the following circumstances occurs:

(1) The Owner fails to notify the Director of any change in the information submitted pursuant to this section within thirty days of such change; or

(2) The Owner fails to pay any fees established in this article when payment is due.

Fresno Code of Ordinances § 10-1604. – INSPECTIONS; COMPLIANCE WITH APPLICABLE CODES AND STANDARDS.
Effective: 7/8/21 – Through: 7/1/22
(a) Inspections. The Director, or his or her designee, hereinafter referred to as the Inspector, is authorized to inspect all Residential Rental Units to determine whether such Residential Rental Units meet minimum Health and Safety Standards. A reasonable fee may be charged for inspections, as set forth in the Master Fee Schedule.

(b) Baseline Inspection. All Residential Rental Properties in the city shall be subject to this program. A percentage of units at each Property to be inspected shall be randomly selected and inspected. However, if the units inspected at random reveal numerous or pervasive violations, whether corrected or not, the city may inspect a greater number or all of the units at a Property, as well as any other Properties under the same ownership or management. In addition, Properties with numerous or pervasive violations will be referred to the Anti-Slum Enforcement Team or Reactive Rental Housing Unit for review. The city shall have the right to select those Properties it has identified as frequent health and safety code violators, and/or to select all Residential Rental Properties within a given census tract or precinct, using statistical and case information and other data sources, and inspect those Properties first when implementing the program. The city shall prioritize for inspection those Properties that have been the subject of complaints, excessive police or fire calls for service, or based on any other available relevant information, including age, neighborhood condition, and likelihood of finding substandard conditions.

(c) Compliance with Codes and Standards. Residential Rental Units shall be required to be in conformance and maintained in accordance with the code standard that was in effect at the time the Residential Rental Unit was constructed, substantially altered, or remodeled, erected, or converted, except for any additional requirements mandated by this Code or state law.

Fresno Code of Ordinances § 10-1607. – SELF-CERTIFICATION PROGRAM.
Effective: 7/8/21 – Through: 7/1/22
(a) The city shall develop a self-certification program. A Property may be placed in the self-certification program if the Property is inspected at least once every twelve months (plus a thirty day grace period), and re-inspected upon change of tenancy, by a professional property management company licensed by the State of California, or the Owner can provide adequate documentation that such annual and routine inspections take place and the substance of such inspections. Such documentation shall be on forms provided by the city, or forms that the Director determines to be substantially equivalent to those forms.

(b) Self-certification forms shall be signed under penalty of perjury. It shall be unlawful to knowingly falsify any material information on a self-certification form, and any such falsification may be prosecuted as a misdemeanor.

(c) 10% of Residential Rental Properties in the self-certification program, and a sampling of the units thereon, will be inspected by the city on a random basis each year. A Property that is selected for random inspection and passes will be exempt from further random inspections for five years. A Property in which any unit contains violations posing imminent danger of death or serious injury to occupants shall immediately be removed from the self-certification program.

Fresno Code of Ordinances § 10-1613. – PERFORMANCE METRICS.
Effective: 7/8/21 – Through: 7/1/22
The city shall develop performance metrics to measure the success of this program. The City Manager shall provide a report annually to the Council that includes detailed statistics showing the progress in reducing substandard rental housing units in the city. That report will be posted on the website after it is presented to the Council.

City of Fresno Rental Housing Health and Safety, Sample Baseline Inspection Checklist
Effective: 5/19/19 – Through: 7/1/22
[…]

Exterior Inspection Items

Please check in the appropriate box.

P=Pass F=Fail NA= Not applicable TC= Tenant Caused

1.Building and grounds kept clean, sanitary and free from garbage

2. Adequate garbage receptacles if provided by landlord

3. Sewage disposal system, no evidence of raw sewage

4.Foundation does not appear to pose safety risk

5. Wiring maintained in good working order 6.Visible inspection of roof, appears to be in sound condition and waterproof

7. Exterior walls with effective waterproofing and weather protection

8. Windows maintained in good working order-Capable of locking and screens (if intended for use) in good condition

9. Electrical maintained in good working order, including panels and meters.

10. Water heaters maintained in good working order, including seismic strapping

11. Landing, stairways and railing in good condition

12. Chimney does not pose risk to safety

13. Common areas in safe and sanitary condition. Walkways free of tripping hazards, pool, fencing, etc.

[…]

Interior Inspection Items

Please check in the appropriate box.

P=Pass F=Fail NA= Not applicable TC= Tenant Caused

1.Floors, stairway, and railings maintained in good working order

2. Effective weatherproofing and weather protection 3. Wiring maintained in good working order

4.Ceilings display no evidence of leaks

5. Plumbing and/or gas facilities maintained in good working order, including gas fireplace

6. Windows intended for opening can be opened, no missing or broken glazing, egress windows not blocked, security bars can be released from the interior

7. Paint intact if built prior to 1978 – Deteriorated or disturbed paint requires proper abatement if lead present

8. Doors secured and sealed – Main swinging door secured, standard dead bolt at interior and weather sealed

9. Smoke detectors in good working order

10. Carbon monoxide detectors in good working order

11. Hot and cold running water, water supply connected to sewage disposal system maintained in good working order

12. Heating system maintained in good working order

13. Cooling system in good working order if part of original construction

14. Unit clear from infestation; pest, rodent, bedbugs, vermin, etc.

15. Appearance of mold (not to include mold that is minor and found on surfaces that can accumulate moisture as part of their properly function and intended use)

[…]

City of Fresno Rental Housing Improvement Act Regulations
Effective: 12/13/17 – Through: 7/1/22
Attached file: Rental-Housing-Improvement-Program-Regulations-December-2017.pdf
A. Authority and Definitions

1. These regulations are created under the authority provided in the Rental Housing Improvement Act, Fresno Municipal Code Chapter 10, Article 16. To the extent anything in these Regulations is inconsistent with the provisions of the Fresno Municipal Code, the Fresno Municipal Code shall take precedence.

2. Terms used in these Regulations shall have the same meaning as defined in Fresno Municipal Code Section 10-1602.

B. Registration

1. All Residential Rental Properties are required to be registered and the registration updated whenever there is a change of ownership or contact information. The City will mail a notice to the address listed as the address for service on the last certified tax roll.

2. A Residential Rental Property is registered with the City when the Owner submits the following to the City:

a. A completed registration form, preferably completed through the City’s online rental registry, made available by the City that contains the following information:

i. Description of the Residential Rental Property, including but not limited to, the street address and APN;

ii. Number and description, including identifying number, of all Residential Rental Units on the Property;

iii. Name and current contact information of the Owner;

iv. Name and current contact information for a local contact representative, if different from the Owner, with full authority to act on behalf of the Owner for all purposes under this program, including the acceptance of service of all notices from the City.

b. The registry will only include the information specified in Section i. through iv., above.

c. Payment of any outstanding fees, taxes, fines, penalties, or other monies owed to the City related to the Property.

3. To the extent legally permissible, the contact information shall remain confidential and for internal City use only, and not available to any member of the public.

4. It is unlawful pursuant to Fresno Municipal Code 10-1605 for any person to knowingly make a false statement or knowingly omit any information that is required to register a Residential Rental Unit pursuant to the Fresno Municipal Code or these Regulations.

5. Registration shall remain valid until one of the following occurs:

a. The Owner fails to notify the Director of any change in the information submitted pursuant to this section within thirty days of such change; or

b. The Owner fails to pay when due any fees set forth in these Regulations or the Rental Housing Improvement Act.

6. The City will cause the registration database to be updated annually.

C. Baseline Inspection

1. All Residential Rental Properties shall be subject to a baseline inspection, pursuant to a random sampling formula.

2. The City shall have the right to select first for inspection those Properties it has identified as frequent health and safety code violators, and/or Residential Rental Properties within a given census tract or precinct, using statistical and case information, including data compiled from FresGo, census data, and other data sources. Subject to these criteria, the City may next prioritize multi-family Properties of two units or more, and single family homes used as rental properties that are known frequent health and safety violators. As a third priority, the City may conduct baseline inspections of remaining single family homes used as rental properties. It is within the City’s sole discretion to determine the order in which it will conduct baseline inspections of Residential Rental Units.

3. In advance of program implementation, the City shall promulgate and make available online and upon request a Rental Inspection Checklist. The Checklist shall clearly define and describe the criteria the Director will apply to determine whether or not violations of Health and Safety Standards exist on the Property.

D. Number of Units Subject to Inspection for Both Baseline and Routine Inspections.

1. For multi-family Properties containing the following number of Residential Rental Units, a percentage of units shall be randomly selected and subject to inspection as follows:

a. One unit: 100% of units inspected.

b. Two to four units: 50% of units inspected.

c. Five to fifteen units: 25% of units inspected.

d. Sixteen to fifty units: 15% of units inspected.

e. Fifty-one units and over: 10% of units inspected.

2. For single family home rental property owners (ownership share more than 50%) who own multiple single family rental homes, units shall be subject to inspection as follows:

a. Two to nine homes: 50% inspected.

b. Ten to twenty homes: 30% inspected.

c. Twenty-one to forty-nine homes: 20% inspected.

d. Fifty homes or more: 10% inspected.

E. Inspection Procedures.

1. Notification

a. Written notice of inspection shall be provided to the Owner of the Property and the tenant of affected units stating the date and time of the inspection. The notice of inspection shall provide a minimum fourteen days’ notice. At the same time that the City issues the notice of inspection to the Owner, it shall post the notice to inspect in common areas such as laundry rooms, community mailboxes, building entries, etc. in English, Spanish, and Hmong. Notice shall provide a phone number to which questions may be directed. It shall be the responsibility of the Owner to provide actual notice to individual tenants to facilitate access to the units to be inspected.

b. If an inspection is cancelled or rescheduled by the Inspector, a written notice shall be provided to the Owner and posted for occupants at least five days prior to the scheduled inspection date.

c. If an inspection is cancelled or rescheduled by the Owner, the new inspection date must be within thirty days of the prior scheduled inspection date. The Owner must provide notice to occupants of the changed inspection date, and provide proof of notice upon request by the City.

d. If an Owner or tenant in possession of the Property refuses to allow access to conduct the inspection, the City Attorney may use all legal remedies permitted by law. Inspections under the Rental Housing Improvement Act are considered a “necessary service” for which entry by the Owner, upon proper notice, is allowed per Civil Code 1954.

2. Payment of the Inspection Fee.

a. The Notice of Inspection shall contain an invoice for the amount of the inspection fee. The inspection fee shall not exceed $100 per unit to be inspected. Payment of the inspection fee is due by the inspection date, and a unit shall not pass inspection until all fees are paid. Payment is to be made to the City through electronic payment, U.S. Mail or by visiting the City. Inspectors shall not accept payment for inspection(s).

3. If an Inspector sees other obvious health and safety violations not within the scope of the inspection, the Inspector shall refer the unit to the Code Enforcement Division and/or the Anti-Slum Enforcement Team for review.

F. Inspection Cycle.

1. Following an initial inspection of a Property, the Property shall be classified into a tier, and periodic re-inspections shall occur as follows:

a. Tier 1: Properties that pass the initial inspection or correct any deficiencies within thirty days, and are not delinquent on owing the City for fees, penalties, or taxes, shall be inspected again no sooner than five years after the date of the initial inspection. All Tier 1 Properties shall be self-certified pursuant to the self-certification program set forth in these Regulations.

b. Tier 2: Properties in Tier 2 shall be inspected every two years, and every unit shall be inspected. Once the Property passes two consecutive inspections, is in compliance with all City codes, and is current on all fees, penalties, or taxes owed the City, it may be reclassified into Tier 1. A Tier 2 Property meets one or more of the following criteria:

i. Properties that fail the initial Baseline Inspection and first Compliance Re-inspection.

ii. Properties with some code violations, but not violations posing imminent danger of death or serious injury to occupants, or otherwise rising to the level of a Tier 3 Property.

iii. Properties whose fees, penalties or taxes are delinquent longer than 90 days.

c. Tier 3: Tier 3 shall be inspected annually, and every unit shall be inspected, until all units are brought into compliance with all City code requirements and are current on all fees, penalties or taxes owed the City. Thereafter, a percentage of units shall be inspected annually for the next three years. If the Property passes inspection all three years, is in compliance with all City codes, and is current on all fees, taxes, and penalties owing to the City, it may be reclassified into Tier 1. A Tier 3 Property meets one or more of the following criteria:

i. The Property failed two or more consecutive compliance reinspections;

ii. Fees, penalties, or taxes are delinquent longer than 120 days. 2. Following initial Baseline Inspection, an Owner will be notified what tier their Property is classified in, and what the inspection cycle will be.

3. Properties in Tiers 2 and 3 may be referred to the Code Enforcement Division and/or the Anti-Slum Enforcement Team for further review and action, so long as the noted violations are not caused by a tenant’s breach of Tenant’s Affirmative Obligations. A Property’s classification, and the enforcement measures associated with that classification, do not limit the City’s discretion to impose any and all other sanctions, fines, fees, penalties, or enforcement measures otherwise available under this code, or under state or federal statute.

G. Inspection Compliance.

1. Upon initial inspection, the Inspector may require the Owner of a Residential Rental Unit to perform work, take action, or refrain from an action to ensure compliance with the inspection standards.

2. During the inspection, the Owner may make immediate repairs to correct any violation noted in the course of the inspection.

3. Owners may complete a Proof of Correction form, preferably through the City’s online Rental Registry, and/or request a Courtesy Re-inspection, for timely repairs to correct applicable violation before the Compliance Re-inspection, but no later than thirty days after the Baseline Inspection. The burden is on the Owner to notify the City of repairs made no later than thirty days after the Baseline Inspection by either providing evidence to the City of repairs made, and/or by requesting a Courtesy Re-inspection. There is no charge for providing sufficient evidence through a Proof of Correction form provided by the City, for the correction of applicable violations to the City, and 10% of submitted Proof of Correction forms will be inspected by the City on a random basis each year. Courtesy Re-inspection(s) shall not exceed $50 per unit.

4. If all necessary repairs are made in a timely manner as determined by the severity of the violation, and in no case later than thirty days after inspection, the unit shall pass the inspection and shall not be subject to a Compliance Re-Inspection. Repairs that cannot be made within thirty days of the Baseline Inspection shall be subject to a Compliance Re-Inspection.

5. Violations that are a result of a breach of Tenant’s Affirmative Obligations shall not be a basis for a unit to fail an inspection, but are still subject to issuance of a Correction Notice and correction. The burden is on an Owner to prove (a) that a tenant of an inspected unit is in substantial violation of Tenant’s Affirmative Obligations, and (b) that any such violation caused the existence of dilapidation or interferes substantially with the Owner’s obligation to effect necessary maintenance or repairs. An Owner shall be required to provide proof to the City that a tenant of an inspected unit is in substantial violation of Tenant’s Affirmative Obligations. By example, this could be established by providing an inspection form signed by a tenant that the unit passed inspection, provided the inspection occurred no more than twelve months before the inspection, or the Owner was legally unable to obtain access to the unit. If it is determined the dilapidation is caused by a breach of Tenant’s Affirmative Obligations, the City will not impose additional restrictions under subsection 6, and shall not assess a Compliance Re-Inspection fee. Irrespective of who is at fault, the Owner is responsible to correct all deficiencies. In situations that are a result of a breach of Tenant’s Affirmative Obligations, an Owner is given reasonable time to correct violations.

6. In the event a unit fails an initial Baseline Inspection and the first Compliance Re-inspection, all of the remaining units on the Property shall be subject to inspection.

H. Exemptions.

1. The following shall be subject to registration, but shall be exempt from routine inspections:

a. Newly constructed buildings. Newly constructed buildings shall be exempt for a period of ten years. The ten year period begins to run on the date of issuance of the certificate of occupancy.

b. Subsidized Residential Rental Units. Those Properties that are subject to routine inspection(s) by another government agency.

2. An Owner is required to provide an affidavit signed under penalty of perjury certifying that the Property is exempt.

3. A Residential Rental Unit that is determined to be exempt shall become subject to the requirements of this article if a notice and order relating to the Property is issued pursuant to the provisions of the Fresno Municipal Code. A Property that loses its exemption may reinstate its exemption if:

a. After the last inspection conducted pursuant to this program, the Inspector determines that no violations exist; and b. The Owner is not delinquent on any payment to the City of fees, penalties, taxes or other monies related to the Property.

I. Self-Certification Program.

1. Qualification. Following an initial inspection, a Property may be placed in the self-certification program if:

a. The Property is classified as a Tier 1 Property.

b. The Property is inspected at least once every twelve months (plus a thirty day grace period), and re-inspected upon change of tenancy, by a professional property management company licensed by the State of California or an Owner or manager with a demonstrated track record of responsible management, and the Owner can provide adequate documentation that such annual and routine inspections take place and the substance of such inspections. Such documentation shall be on the City’s on-line Rental Registry, forms provided by the City, or forms the Director determines to be substantially equivalent to those forms.

c. The Owner and/or property manager certify the Property(ies) are in compliance with all applicable provisions of the Rental Housing Improvement Act.

d. The Owner is not delinquent on any payment to the City of fees, penalties, taxes or other monies related to the Property.

e. If a Residential Rental Property in the self-certification program is transferred to a new Owner, the Property shall remain in the self-certification program for one year following the date of transfer, unless it is sooner removed from the self-certification program pursuant to Section 2, below. After the one year period, the Residential Rental Housing Property shall become subject to routine inspection unless the new Owner self-certifies the Property.

2. Removal. If any of the following occur, one or more of an Owner’s Properties may be removed from the self-certification program:

a. A Residential Rental Unit inspected as part of the random inspection program fails to comply with the provisions of this article, and fails to comply after the initial re-inspection; or

b. Two or more Notice and Orders for serious health and safety violations relating to a Property are issued during any calendar year, even if the violations are abated within thirty days; or

c. Any of the circumstances set forth in subsection 1 of this Section cease to exist.

3. Certifying. Owners in the self-certification program shall inspect, or shall cause to be inspected by a licensed property manager, each and every Residential Rental Unit on the Property at least once every twelve months (plus a thirty day grace period) and upon each change in tenancy. Self-certification shall be accomplished as follows:

a. Inspect each Residential Rental Unit for health and safety violations, in compliance with the requirements of the self-certification form provided by the City, or other document deemed substantially similar by the Director.

b. Immediately make any repairs to the Residential Rental Unit that are necessary to achieve compliance with the requirements of the selfcertification form; and

c. Complete the self-certification form and submit a copy to the occupants of the corresponding unit.

d. If any Residential Rental Unit cannot be self-certified because necessary repairs cannot or will not be made, the Owner shall immediately notify the City and the Property shall immediately be removed from the self-certification program.

e. Forms shall be signed under penalty of perjury and it shall be unlawful to knowingly falsify any material information on the self-certification form, and any such falsification may be prosecuted as a misdemeanor.

f. The Owner and/or local representative shall retain all completed self-certification forms for at least four years from the date the inspection was made, and shall produce all completed self-certification forms to any City representative upon request.

4. Sampling Inspections. 10% of Residential Rental Properties in the selfcertification program, and the units thereon, will be inspected by the City on a random basis each year.

a. A Property that is selected for random inspection and passes will be exempt from further random inspections for five years.

b. If a Residential Rental Unit inspected as part of the sampling fails to comply with the provisions of the Rental Housing Improvement Act or these Regulations, it shall be subject to re-inspection. If the unit fails to comply after the first Compliance Re-inspection, the Property shall immediately be removed from the self-certification program, unless all violations are caused by tenant’s breach of Tenant’s Affirmative Obligations.

J. Correction Notices

1. Content. Whenever it is determined by the Inspector that a violation of Health and Safety Standards exists, and the violation was not corrected during the inspection, the Inspector shall issue a written Correction Notice. The Correction Notice shall contain a description of the violation, the specific action required to correct the violation, a demand the violations be corrected within the specified time period, and the scheduled Compliance Re-inspection date and time. The Correction Notice shall also contain information for Owners who may provide evidence that the violation(s) has been corrected by submitting Proof of Correction, or how the Owner may request a Courtesy Re-inspection no later than 30 days after the Baseline Inspection, but prior to the scheduled Compliance Re-Inspection listed on the notice.

2. Time for Correction. The Correction Notice shall provide a reasonable time for correction. The time shall depend on the time it would take a reasonably diligent person to complete the required action; the potential harm to the public welfare, health and safety; the harm to the tenant or nearby properties; and the extent of the corrections required. Certain imminently dangerous life-safety violations shall require immediate correction.

3. Service of Notice. The Correction Notice may be served personally on the Owner or local representative. If the Owner or local representative is not able to be personally served, a copy of the notice may be served by deposit in the United States mail, in a sealed envelope, postage prepaid, addressed to the Owner and local representative at the last known business or residence address as appears in the public records of the City or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed complete at the time of mailing.

4. Proof of Correction(s) and Courtesy Re-Inspection(s): Before the first Compliance Re-inspection, but no later than 30 days after the Baseline Inspection, Owners may provide completed Proof of Correction forms, and/or request a Courtesy Re-inspection to verify the violations identified in the Correction Notice have been abated. Violations that were not noted on the initial Correction Notice but are discovered during any re-inspection due to subsequent activities, damage or deterioration, shall be subject to correction.

5. Compliance Re-Inspection(s). Compliance Re-inspections shall be conducted to verify the violations identified in the Correction Notice have been abated. Violations that were not noted on the initial Correction Notice but are discovered during any re-inspection due to subsequent activities, damage or deterioration, shall be subject to correction.

K. Enforcement; Penalties; Appeal

1. If, after a Correction Notice has been issued, the Owner fails to abate the violations, the City may proceed with all remedies available under law to compel compliance, including but not limited to issuing administrative citations, abatement proceedings, civil injunction, criminal prosecution, or any combination of remedies, with respect to all violations not caused by tenant’s breach of Tenant’s Affirmative Obligations. In any action or proceeding brought by the City to enforce the Rental Housing Improvement Act, the City shall be entitled to recover its attorney’s fees when it is the prevailing party.

2. An Owner shall have appeal rights as set forth in the Rental Housing Improvement Act.

3. Delinquent fees, late fees, and penalties, shall be as set forth in the Rental Housing Improvement Act.

Fresno Code of Ordinances § 10-1615. – ANNUAL REVIEW.
Effective: 7/8/21 – Through: 7/1/22
This article shall require an annual review for the first three years following implementation, then every five years thereafter. The city shall review all elements of this article to determine how effective provisions have been to improve substandard housing in the city and make appropriate adjustments to improve its efficiency.

Fresno Code of Ordinances § 10-1603. – SCOPE.
Effective: 7/8/21 – Through: 7/1/22
(a) The provisions of this article shall apply to all Residential Rental Units located within the city.

(b) Provisions of this article shall be supplementary and complementary to all of the provisions of this Code, and any local, state or federal law. Nothing herein shall be construed or interpreted to limit any existing right or power of the city to abate and prosecute any and all nuisances or to enforce any other conditions in violation of state or local laws, including but not limited to any building, housing, property maintenance and public nuisance laws.

[see word document]

Fresno, Cal. Municipal Code § 15-2706

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C. Applicability.
1. New or Expanded Use. Any proposed new establishment or any existing establishment that requests to modify their alcohol or business license type(s), reinstate their alcohol or business license(s) after an expiration or revocation, extend their hours of operation, or expand their floor area, shall obtain a Conditional Use Permit issued in compliance with the standards of this section.
Should an establishment not comply with the strict application of the regulations provided for in this section, said improvements shall be made prior to commencing the sale of alcoholic beverages. Violation of these standards at any time may result in the revocation of a Conditional Use Permit.
2. Exemptions. This section does not apply to the following:
a. Establishments that are 10,000 square feet or larger.
b. Establishments that serve alcohol for on-site consumption, where an off-site sales component is incidental to the main use.
c. Temporary uses issued a Temporary License by the California Department of Alcoholic Beverage Control and established in compliance with all City laws and ordinances.
D. Modifications to Existing Establishments. A modification to an existing establishment shall not be approved when a condition exists that has caused or resulted in repeated activities that are harmful to the health, peace, or safety of persons residing or working in the surrounding area.
E. Location Restrictions for New Establishments. The following location restrictions apply, unless the establishment can be found qualified for exception by the Review Authority.
1. Near Sensitive Uses. The establishment shall not be located within 500 feet of the following:
a. A public park, playground, recreational area, or youth facility, including a nursery school, preschool, or day care facility;
b. A public or private State-licensed or accredited school; or
c. An alcohol or other drug abuse recovery or treatment facility.
2. Near Other Alcoholic Beverage Establishments. The establishment shall not be located within 500 feet of an existing establishment, nor may it lead to a grouping of more than four establishments within a 1,000 foot radius.
3. Within High Crime Areas. The establishment shall not be located in an area of high crime, as defined by the California Business and Professions Code 23958.4(a)(1) et seq., and as determined by the Department of Alcoholic Beverage Control.
4. Within High Concentration Areas. The establishment shall not be located in an area of high concentration, as defined by the California Business and Professions Code 23958.4(a)(3) et seq., and as determined by the Department of Alcoholic Beverage Control.
5. Exceptions. A new establishment may be excepted from location restrictions if the Review Authority determines any of the following:
a. The proposed use is not located within an area in which the Chief of Police has determined, based upon quantifiable information, that the proposed use a) would be detrimental to the public health, safety, or welfare of persons located in the area, or b) would increase the severity of existing law enforcement or public nuisance problems in the area.
b. The proposed off-premises sale of alcoholic beverages is incidental and appurtenant to a larger retail use and provides for a more complete and convenient shopping experience.
c. The proposed outlet for the off-premises sale of alcoholic beverages would act as a public convenience or necessity to an underserved portion of the community and/or enhance the vitality of an existing commercial area without presenting a significant adverse impact on public health or safety.