ID 26-1170: 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. PROGRESS HEARING on the Appeal of the First Administrative Citation. Take one of the following actions: i. DETERMINE Appellants HAVE NOT made substantial progress towards correcting the outstanding violations from the First Administrative Citation issued on September 9, 2025, and ORDER payment of double the fines, as well as all allowable costs and fees; OR ii. DETERMINE Appellants HAVE made substantial progress towards correcting the outstanding violations from the First Administrative Citation issued on September 9, 2025, and CONTINUE the hearing to a later date; OR iii. DETERMINE Appellants have FULLY corrected outstanding violations from the First Administrative Citation issued on September 9, 2025.

Description

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. PROGRESS HEARING on the Appeal of the First Administrative Citation. Take one of the following actions: i. DETERMINE Appellants HAVE NOT made substantial progress towards correcting the outstanding violations from the First Administrative Citation issued on September 9, 2025, and ORDER payment of double the fines, as well as all allowable costs and fees; OR ii. DETERMINE Appellants HAVE made substantial progress towards correcting the outstanding violations from the First Administrative Citation issued on September 9, 2025, and CONTINUE the hearing to a later date; OR iii. DETERMINE Appellants have FULLY corrected outstanding violations from the First Administrative Citation issued on September 9, 2025.

Summary

The packet concerns Nova Surgical’s appeal of Fresno Fire Department Citation 7557-1 for its outpatient facility at 4928 E. Clinton Way. The dispute centers on whether the operation requires a change-of-occupancy permit. Nova Surgical argues it qualifies as a general Business occupancy because no more than two patients are rendered unable to self-preserve at once. Fresno officials apply the California Fire Code, which classifies such operations as Ambulatory Care Facilities when medical services impair self-preservation, regardless of patient count. Under Fresno Municipal Code §102.3, a change of use must meet fire and building-code requirements unless officials approve an exemption. The July 7, 2026 Appeals Board confirmed the violation and ordered correction within 30 days. A September 1 progress hearing will determine whether the violation was corrected, substantial progress was made, or additional penalties apply.