REPORT TO THE BUILDING STANDARDS APPEALS BOARD July 7, 2026 FROM: ANDREW JANZ, City Attorney Office of the City Attorney BY: CHRISTINA C. PI�A, Deputy City Attorney Office of the City Attorney SUBJECT ..Title Actions pertaining to Fresno Fire Department Citation Number 7557-1, concerning Nova Surgical - 4928 E. Clinton Way #101, and the First Administrative Citation issued on September 9, 2025. 1. HEARING on the Appeal of the First Administrative Citation. 2. Take one of the following actions: 1. CONFIRM the First Administrative Citation issued September 9, 2025; and ORDER Appellant to correct the confirmed violations within thirty days; OR 2. DISMISS the First Administrative Citation issued September 9, 2025. ...Body RECOMMENDATION Staff recommends option (1): After holding the appeal hearing, the Building Standards Appeals Board (BSAB) CONFIRM the First Administrative Citation issued September 9, 2025, and ORDER Appellants to repair the remaining violations within thirty days, pursuant to FMC 1-409(f). EXECUTIVE SUMMARY On July 23, 2025, Fresno Fire Inspector Brittany Deegan (Inspector Deegan) conducted a routine Fire Prevention Inspection and discovered violations, including the use of occupancy changed from the original design use which requires a change of use to be initiated within 45 days. (Appeal Packet, pg. 47) On September 9, 2025, a First Administrative Citation was issued due to non-compliance. (Appeal Packet, pg. 52) While the other violations were corrected, the change of use violations remained as of the Fire Prevention Inspection conducted on September 11, 2025, and October 30, 2025. (Appeal Packet, pg. 53-63) Historical research reveals a zone clearance application for the same location requesting to operate as an Outpatient Ambulatory Surgical Center was rejected on October 22, 2021. (Appeal Packet, pg. 64) Zone clearance to operate as "Offices Medical and Dental" was provided on November 23, 2021. (Appeal Packet, pg. 65) Based on Inspector Deegan's observations and Operational Statement provided by Nova Surgical Center Inc dba New Age Pain Center, the center is a certified outpatient facility that performs pain management procedures with minimal levels of sedation that render patients unable to provide self-care during procedure and during recovery. (Appeal Packet, pg. 34) A total of 31 sedation procedures were completed in the year 2025. (Appeal Packet, pg.35) BACKGROUND The BSAB was established by Resolution number 2025-149 passed May 22, 2025, in order to hear various appeals, including Code Enforcement appeals related to building standards under FMC Chapter 11, Articles 3 and 4. To perform this duty, the BSAB must review the Appeal Form received by the appellant, any other information provided by the appellant, the staff report, and all attachments. Pursuant to FMC section 1-408, the scope of the hearing "shall be limited to the order, citation, decision, or determination being appealed, the grounds for relief raised in the notice of appeal, and any specific requirements of this Code." (FMC � 1-408(e).) The BSAB may admit any relevant evidence, "if it is the type of evidence on which responsible persons are accustomed to relay on in the conduct of serious affairs," and "hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions." (FMC � 1-408(d)(3).) The City has the burden of proof and production of evidence, and the burden of proof shall be preponderance of the evidence. (FMC � 1-408(f).) Preponderance of the evidence means the evidence shows a fact is more likely true than not true, or over a 50% probability. If the BSAB finds that any of the violations set forth in the appealed notice or citation is continuing and remains as of the time of the hearing, the determination must include an order for the Appellant to correct the violations within thirty days, and a progress hearing must be set to occur thirty to sixty days later. (FMC � 1-409(f).) Summary of Facts On October 22, 2021, zone clearance for the proposed use of "Outpatient ambulatory surgical center" was rejected as it is classified as "Hospitals and Clinics" per FMC 15-1302 and require a Conditional use Permit (CUP). (Appeal Packet, pg. 64) On November 23, 2021, zone clearance was provided for use of "Offices Medical and Dental" at the location. (Appeal Packet, pg. 65) On July 23, 2025, Inspector Deegan conducted a Fire Prevention Inspection and discovered violations, including the use of occupancy changed from the original design use which requires a change of use to be initiated within 45 days. (Appeal Packet, pg. 47) On September 9, 2025, a First Administrative Citation was issued due to non-compliance. (Appeal Packet, pg. 52) On September 11, 2025, Inspector Deegan conducted a Fire Prevention Inspection, while some violations were corrected, the change of use violations remained. (Appeal Packet, pg. 53) On September 23, 2025, Appellant Nova Surgical filed a Notice of Appeal of First Administrative Citation alleging there has been no change of use or occupancy or, in the alternative, requested a change of occupancy be permitted because the proposed use or occupancy is less hazardous than the existing use or occupancy. (Appeal Packet, pg. 3) On October 30, 2025, Inspector Deegan conducted a Fire Prevention Inspection, while some violations were corrected, the change of use violations remained. (Appeal Packet, pg. 58) On December 15, 2025, City of Fresno sent correspondence to Appellant's attorney clarifying the violation and requesting additional information, specifically an updated operation statement as required. (Appeal Packet, pg. 9) On January 20, 2026, Appellant's attorney provided an updated operational statement, evaluation plan, fire safety plan, floor plan and exterior site plan as well as cites to National Fire Protection Association (NFPA) guidelines that define Health Care Occupancy. (Appeal Packet, pg. 30) On January 30, 2026, City of Fresno sent correspondence to Appellant's attorney advising the documents and NFPA provided are insufficient and a change of occupancy is necessary for the continued operation of business. (Appeal Packet, pg. 45) Scope of Hearing FMC section 1-408(e) establishes two pertinent limitations to the scope of a hearing: (1) the order, citation, decision, or determination that was appealed; and (2) the grounds for relief raised by the Appellant. The scope of the BSAB hearing is limited to the First Administrative Citation issued September 9, 2025, as that is what Appellant filed an appeal for. Staff Analysis In order to confirm the First Administrative Citation, the BSAB must be satisfied by a preponderance of the evidence that: (1) violations of the FMC existed on the Property; and (2) proper notice was served on the property owner. Standard of Proof - Preponderance of the Evidence FMC section 1-408(f) establishes that the burden of proof in administrative hearings is "preponderance of the evidence". The Supreme Court of the United States has established that preponderance of the evidence is met when the trier of fact believes "the existence of a fact is more probable than its nonexistence." (Concrete Pipe and Products of California, Inc. v. Construction Laborers Pension Trust for Southern California (1993) 508 U.S. 602, 622; citing In re Winship, (1970) 397 U.S. 358, 371-372, (Harlan, J., concurring) (brackets in original).) In quantifiable terms, if the BSAB is 51% sure that a fact is true, the City has met that burden and the BSAB should find in favor of the City for that fact. (1) Violations of the FMC Existed on the Property On July 23, 2025, Inspector Deegan conducted a Fire Prevention Inspection and discovered violations, including the use of occupancy changed from the original design use (non-out-patient to out-patient) which requires a change of use to be initiated within 45 days. (Appeal Packet, pg. 47) On September 9, 2025, a First Administrative Citation was issued due to non-compliance. (Appeal Packet, pg. 52) FMC section 15-5022 requires a Certificate of Occupancy when there is a change in use. FMC section 10-50102.3 further requires the change of use or occupancy shall comply with the requirements of this code, the Fresno Fire Code and the California Existing Building Code as applicable. The 2025 California Fire Code, as promulgated by the California Building Standards Commission, which incorporates the adoption of the 2024 edition of the International Fire Code as amended with necessary California amendments, and the 2024 International Fire Code, including Appendix Chapters E and F, are hereby adopted and amended by the City of Fresno... (FMC 10-50100) The Fire Code defines Ambulatory Care Facility as: Buildings or portions thereof used to provide medical, surgical, psychiatric, nursing or similar care on a less-than-24-hour basis to persons who are rendered incapable of self-preservation by the services provided or staff has accepted responsibility for care recipients already incapable. FMC section 15-6703 defines Commercial Use Classifications to include: Hospitals and Clinics. State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. Clinic. A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Medical and Dental. Office use providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners. Based on the Fire Prevention Inspection conducted on July 23, 2025, Nova Surgical Center was operating outside the approved use as they perform medical out-patient services which classifies the office as a Clinic (ambulatory care facility) rather than a regular medical or dental office that only perform consultations, diagnosis or other personal treatment services. CONCLUSION Staff has demonstrated that violations existed on the Property at the time of the properly issued First Administrative Citation and proper notice was served. The BSAB should CONFIRM the First Administrative Citation as the violations existed on the property at the time the Notice was issued and proper notice was served to the property owner, and ORDER Appellants to correct the violations within thirty days. ENVIRONMENTAL FINDINGS. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378, the Commission's consideration of the Application is not a CEQA "project". LOCAL PREFERENCE Not applicable. FISCAL IMPACT Not applicable. Attachments: Exhibit A - Appeal Packet Exhibit B - Presentation Exhibit C - Findings Matrix