Berkeley City Council
May 7, 2024

apply to all matters governing the design and construction of buildings for energy efficiency.
101.4.7 Existing buildings. The provisions of the Berkeley Existing Building Code, based on the 2022 California Existing Building Code with Mid-Cycle Supplement, as amended herein, shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings. 101.4.8 Electrical. The provisions of the Berkeley Electrical Code, based on the 2022 California Electrical Code, as amended herein, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.9 Green. The provisions of the Berkeley Green Code, based on the 2022 California Green Building Standards Code with Mid-Cycle Supplement, as amended herein, shall apply to enhanced design and construction of buildings through the use building concepts having a reduced negative impact or the positive environmental impact and encouraging sustainable construction practices. 101.5 References to prior codes. Unless superseded and expressly repealed, references in City forms, documents and regulations to the chapters and sections of former Berkeley Building Code editions, shall be construed to apply to the corresponding provisions contained within the 2022 Berkeley Building Code Ordinance No. X,XXX–N.S. and all ordinances amendatory thereof. Any ordinances or parts of ordinances in conflict herewith are hereby superseded and expressly repealed.

SECTION 103 – DIVISION OF BUILDING AND SAFETY
103.1 Creation of enforcement agency. The Division of Building and Safety is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
103.2 Appointment. The building official shall be appointed by the City Manager. 103.3 Deputies. The building official shall have the authority to appoint an assistant building official, building inspectors, plans examiners, housing inspectors, other technical officers and employees. Such employees shall have powers as delegated by the building official.

SECTION 104 – DUTIES AND POWERS OF BUILDING OFFICIAL
104.7 Division records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, notices of violations, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.

Add a new Subsection 104.12 to read:
104.12 Unpermitted dwelling units. When a building permit record for a residential unit does not exist, the building official is authorized to make a determination of when the residential unit was constructed and then apply the building standards in effect when the residential unit was determined to be constructed or the current building standards, whichever is the least restrictive, provided the building or portion thereof does not become or continue to be a substandard or unsafe building. The Building Official is authorized to accept reasonable alternatives to the requirements of the prior or current code editions when dealing with unpermitted dwelling units.

SECTION 105 – PERMITS
105.3.2 Expiration of application. An application for a permit for any proposed work shall expire one year after the date of filing, unless it can be demonstrated by the applicant that such application has been pursued in good faith or a permit has been issued. The building official or the permit service center coordinator are authorized to grant one or more extensions of time for additional periods not exceeding a 180 days per extension.

The extension shall be requested in writing and justifiable cause demonstrated. Requests for time extensions shall be accompanied by the payment of a fee set by resolution of the City Council.

If a project is associated with a code enforcement case, the dates specified in the code enforcement notices take precedence over the timelines specified in this section. 105.5 Expiration of permit. Permits issued by the building official shall expire one year from the date of issuance. The building official or the supervising building inspector are authorized to grant one or more extensions of time to complete the work for additional periods not exceeding one year per extension. The extension shall be requested in writing and justifiable cause demonstrated. Requests for time extensions shall be accompanied by the payment of a fee set by resolution of the City Council.

The issuance of a building permit shall not excuse the permittee or any other person from compliance with any notice and/or order to correct a code violation issued by the City.

When a permit is expired and a new permit is required to complete the work, a new permit application and plans shall be filed describing the remaining work to be done. If a site visit or other review is required to determine the extent of the remaining work, a fee may be charged to make such determination.

SECTION 109 – FEES
109.1 Payment of fees. Except when fees are deferred, a permit shall not be valid until the fees as set forth by resolution of City Council have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the fee as set forth by resolution of the City Council. Fees for permits and inspections and other related services under this Code shall be assessed and paid as set forth by resolution of the City Council. Unless waived or deferred as provided by local regulations, a plan review fee and other fees as specified in the resolution shall be paid at the time of submitting any documents for review and additional fees as specified in the resolution shall be paid at issuance of the permit. 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permit shall be subject to a fee as set forth by resolution of the City Council equal to and in addition to the permit fees for the portion of the scope of work performed without the permit.
109.7 Re-inspection fees. A re-inspection fee, as set forth by resolution of the City Council, may be assessed for each re-inspection when such portion of work for which an inspection is scheduled is not complete or when corrections previously called for are not made.

Re-inspection fees shall not be required each time a job is disapproved for failure to comply with the requirements of this Code. Rather this section shall be used to control the practice of calling for inspections before the job is ready for such inspection, or when the approved plans are not readily available to the inspector, or for failure to provide access on the date for which the inspection is requested, or when work deviates from the approved plans but no revision is submitted to the City.

To obtain a re-inspection, the applicant shall pay the re-inspection fee as set forth by resolution of the City Council. In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

SECTION 112 – SERVICE UTILITIES
112.4 Authority to connect utilities. Clearance for connection of one utility, either gas or electrical, will be withheld until final building, electrical, plumbing, and/or mechanical inspections are made and approval has been given for any new building or change in occupancy classification to an existing building for which connection to such utilities is sought, unless approval has been first obtained from the building official, as provided by a Temporary Certificate of Occupancy or Final Certificate of Occupancy. 112.5 Unsafe service utilities. Unsafe service utilities are hereby declared to be public nuisances and shall be abated, repaired, rehabilitated, demolished or removed in accordance with the procedures set forth in Chapter 19.40 of the Berkeley Municipal Code (BMC) for residential buildings and Berkeley Building Code for all other buildings, or any alternate procedure that may be adopted by the City of Berkeley. In addition, the City

Attorney may pursue other appropriate action to prevent, restrain, correct or abate the violation as provided for in the BMC. Remedies under this section are cumulative. When service utilities are maintained in violation of this Code and in violation of a notice issued pursuant to the provisions of this section, the building official shall institute appropriate action to prevent, restrain, correct or abate the violation. 112.6 Authority to disconnect utilities in emergencies. The building official or building official’s authorized representative shall have the authority to disconnect electrical power or other energy service supplied to the building, structure or building service equipment therein regulated by this Code in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official or building official’s authorized representative shall, whenever possible, notify the serving utility, and the owner of the building, structure or electrical system or equipment and any building occupants of the decision to disconnect prior to taking such action and shall notify them, in writing, of the disconnection as soon as possible thereafter.

112.7 Authority to condemn electrical system and equipment. Whenever the building official determines that an electrical system or electrical equipment regulated by this Code is hazardous to life, health or property, the building official may order in writing that such electrical system or equipment either be removed or restored to a safe condition. The written notice shall fix a reasonable time limit for compliance with such order. Persons shall not use or maintain defective electrical systems or equipment after receiving such notice except as may be provided therein.

When equipment or an installation is to be disconnected, a written notice of such disconnection and the reasons therefore shall be given within 24-hours of the order to disconnect to the serving utility, the owner and occupants of the building, structure or premises.

When equipment or an installation is maintained in violation of this Code and in violation of a notice issued pursuant to the provisions of this section, the building official shall institute appropriate action to prevent, restrain, correct or abate the violation.

Unsafe electrical systems or equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Chapter 19.40 of the BMC for residential buildings and Berkeley Building Code for all other buildings, or any alternate procedure that may be adopted by the City of Berkeley. In addition, the City Attorney may pursue other appropriate action to prevent, restrain, correct or abate the violation as provided for in the BMC. Remedies under this section are cumulative.
112.8 Connection after order to disconnect. Persons shall not make connections to a service utility system or equipment that has been disconnected or ordered to be disconnected by the building official, or the use of which has been ordered to be discontinued by the building official, until the building official authorizes the reconnection and use of the electrical system or equipment.

SECTION 113 – BOARD OF APPEALS
113.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of this Code, there shall be and is hereby created a board of appeals consisting of the Housing Advisory Commission pursuant to Section 19.44.020 of the Berkeley Municipal Code. The building official may convene and consult with an advisory panel of qualified individuals. This advisory panel is intended to help the building official in formulating and making staff recommendations to the Housing Advisory Commission. The advisory panel may provide written and/or oral presentations to the Housing Advisory Commission as needed.
113.3 Qualifications. The board of appeals shall consist of members meeting the qualifications required for the Housing Advisory Commission. The advisory panel shall consist of individuals found by the building official to be qualified by experience and training in the specific area of the appeal who are not employees of the jurisdiction.

SECTION 114 – VIOLATIONS
114.4 Violation penalties. Any person who violates a provision of this Code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this Code, shall be subject to penalties as prescribed by law. Violations of this Code are misdemeanors, but may be cited or charged, at the election of the enforcing officer, building official, or City Attorney, as infractions, subject to an election by the defendant under Penal Code Subsection 17(d). Nothing in this Section shall prevent any other remedy afforded by law.

SECTION 116 - UNSAFE STRUCTURES AND EQUIPMENT
116.1 Conditions. Structures or existing equipment that are or hereafter become structurally unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.

All such unsafe buildings, equipment, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Chapters 1.24, 19.28, 19.40 and/or 19.44 of the BMC as applicable. As an alternative, the building official, or other employee or official of this jurisdiction as designated by the City Council, may institute any other appropriate action to prevent, restrain, correct or abate the violation.

116.6 Safety Assessment Placards.
116.6.1 Intent. This section establishes standard placards to be used to indicate the condition of a structure for occupancy after a natural or human-caused disaster and a rapid evaluation by authorized personnel. The building official or authorized representatives shall post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.
116.6.2 Application of provisions. The provisions of this section are applicable to all buildings and structures of all occupancies regulated by the City of Berkeley. The City Council may extend the provisions as necessary.
116.6.3 Definitions.
116.6.3.1 "Safety Assessment" is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy. 116.6.3.2 Placards. Following are titles and descriptions of the official jurisdiction placards to be used to designate the condition of a building structure for continued occupancy, partial or conditional occupancy, or unsafe to enter. Copies of placards are on file in the Building and Safety Division of the Planning and Development Department.

INSPECTED – Lawful Occupancy Permitted is to be posted on any building or structure wherein no apparent hazard has been found. This placard is not intended to mean there is no damage to the building or structure, but that any damage that occurred does not present a hazard to occupants.

RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy.

The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

UNSAFE – Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Building or structures posted with this placard shall not be entered under any circumstances except as authorized in writing by the building official, or the building official’s authorized representative. Safety assessment teams shall be authorized to enter these building at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. 116.6.4 Content of placard. The BMC Section number and the words "City of Berkeley" shall be permanently affixed to each placard.
116.6.5 Unlawful to remove. Once a placard has been attached to a building or structure, it is not to be removed, altered or covered until done so by an authorized representative

of the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section.

Article 2. Restrictions in Fire Zones

19.28.030 CBC Chapter 7A Materials and Construction Methods for Exterior Wildlife Exposure.

Chapter 7A of the 2022 California Building Code with Mid-Cycle Supplement is adopted in its entirety subject to the modifications thereto which are set forth below. 701A – SCOPE, PURPOSE AND APPLICATION
701A.1 Scope. This chapter applies to building materials, systems and/or assemblies used in the exterior design and construction of new buildings and structures, additions, alterations, repairs and re-roofs located within a Wildland-Urban Interface (WUI) area as defined in Section 702A.
701A.2 Purpose. The purpose of this chapter is to establish minimum standards for the protection of life and property by increasing the ability of a building located in any Fire Hazard Severity Zone within a State Responsibility Area (SRA) or Local Responsibility Areas (LRA) or any building or structure in the Wildland-Urban Interface (WUI) areas as specified in Section 701A.3.1 to resist the intrusion of flames or burning embers projected by a vegetation fire and contributes to a systematic reduction in conflagration losses.
701A.3 Application. New buildings located in any Fire Hazard Severity Zone or new buildings and structures, additions, alterations, repairs and re-roofs located in any Wildland-Urban Interface (WUI) area designated by the enforcing agency constructed after the application date shall comply with the provisions of this chapter. This shall include all new buildings and structures, additions, alterations, repairs and re-roofs with residential, commercial, educational, institutional or similar occupancy type uses, which shall be referred to in this chapter as “applicable building(s)” (see definition in Section 702A), as well as new buildings and structures, additions, alterations, repairs and re- roofs accessory to those applicable buildings (see Exceptions 1 and 4).

Exceptions:

1. Group U occupancy accessory buildings or structures, of any size located at least 50 feet (15 240 mm) from an applicable building on the same lot.

2. Group U occupancy agricultural buildings or structures, as defined in Section 202 of this code of any size located at least 50 feet (15 240 mm) from an applicable building.

3. Group C occupancy special buildings or structures conforming to the limitations specified in Section 450.4.1.

4. New accessory buildings and miscellaneous structures specified in Section 710A shall comply only with the requirements of that section.

5. Additions to and remodels of buildings originally constructed prior to July 1, 2008.
701A.3.1 Application date and where required. New buildings for which an application for a building permit is submitted on or after July 1, 2008, located in any Fire Hazard Severity Zone or buildings and structures, additions, alterations, repairs and re- roofs for which an application for a building permit is submitted on or after July 1, 2008 located in the Wildland-Urban Interface area shall comply with all sections of this chapter., including all the following areas:

1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as State Responsibility Area (SRA) including:

1.1. Moderate Fire Hazard Severity Zones.

1.2. High Fire Hazard Severity Zones.

1.3. Very-High Fire Hazard Severity Zones.

2. Land designated as Very-High Fire Hazard Severity Zone by cities and other local agencies.

3. Land designated as Wildland Interface area by cities and other local agencies.

Exceptions:

1. New buildings located in any Fire Hazard Severity Zone within State Responsibility Area, for which an application for a building permit is submitted on or after January 1, 2008, shall comply with all sections of this chapter.

2. New buildings located in any Fire Hazard Severity Zone within State Responsibility Areas or any Wildland Interface area designated by cities and other local agencies for which an application for a building permit is submitted on or after December 1, 2005 but prior to July 1, 2008, shall only comply with the following sections of this chapter:

2.1. Section 705A — Roofing.

2.2. Section 706A — Attic Ventilation.
702A – DEFINITIONS
APPLICABLE BUILDING. A building or structure that has residential, commercial, educational, institutional or similar occupancy type use.

FIRE ZONE ONE shall encompass the entire City of Berkeley except for Fire Zones Two and Three.

FIRE ZONE TWO encompasses those areas designated as Combined Hillside District in the Official Zoning map of the City of Berkeley and those areas designated as Very High in the official Fire Hazard Severity Zones (FHSZ) map of The Department of Forestry and Fire Protection (CAL FIRE), as they may be amended from time to time. The following properties, not part of the Combined Hillside District, are included in Fire Zone Two under the Very High designation of the FHSZ map: the eastern section of the University of California, Berkeley main campus, block number 2042 (Alameda County Assessor’s parcel numbering (APN) system), to the east city line; all of the Clark-Kerr campus, block number 7690, to the east city line; all of block number 7680 in the City of Berkeley; portions of block number 1702 in the City of Berkeley. See Exhibit A for the specific parcels by APN and address.

FIRE ZONE 3 encompasses those areas designated as Environmental Safety – Residential Districts on the Official Zoning Map of the City of Berkeley, as it may be amended from time to time.

LOCAL RESPONSIBILITY AREA (LRA). Areas of the state in which the financial responsibility of preventing and suppressing fires is the primary responsibility of a city, county, city and county, or district . Fire Zones 2 and 3 are designated as Local Responsibility Area.

WILDLAND-URBAN INTERFACE (WUI). A geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. Fire Zones 2 and 3 are designated as Wildland-Urban Interface (WUI) area. 705A – ROOFING
705A.1 General. Roofs shall comply with the requirements of Chapter 7A and Chapter

15. Roof assemblies in Fire Hazard Severity Zones shall be tested in accordance with ASTM E108 or UL 790 and meet a Class A fire classification. For additional compliance see Chapter 15, Section 1505.2 for Class A roof assemblies. The roof assembly shall be installed in accordance with its listing and the manufacturer’s installation instructions.

The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any 1 5-year period; the entire roof covering of every new structure; and any roof covering applied in the alteration, repair, or replacement of the roof of every existing structure shall be a fire-retardant roof covering that meets a Class A fire classification.

Wooden shakes and shingles are prohibited roof coverings regardless of the assembly rating of the roof system

705A.5 Spark Arrestors. All chimneys of fireplaces, stoves, barbecues or heating appliances using solid fuel shall be provided with an approved spark arrestor whenever modification has been made to any of these appliances, or whenever a structure is re- roofed. The net free area of the spark arrestor shall be not less than four times the net free area of the outlet of the chimney. The spark arrestor shall have heat and corrosion resistance equivalent to twelve-gauge wire, nineteen-gauge galvanized wire, or twenty- four-gauge stainless steel. Openings shall not permit the passage of spheres having a diameter larger than one-half inch and shall not block the passage of spheres having a diameter of less than three-eighths inch. The arrestor shall be securely attached to the chimney or stovepipe and shall be adequately supported. The use of bands, mollies, masonry anchors or mortar ties are recommended depending upon the individual need. 707A – EXTERIOR COVERING
707A.3.2 Replacement of Exterior Wall Covering. Materials for replacement of existing exterior wall covering shall meet or exceed the standards set forth in this Chapter.

Exception: Where less than 50% of any wall surface is being replaced or repaired, and the matching of the new plane to the existing plane on that wall is not possible. 711A 712A – UNDERGROUND UTILITY CONNECTIONS
711A.1 712A.1 Underground utility connections. For new construction, provisions shall be made for the undergrounding of all utilities serving the property, including but not limited to electrical, telephone and cable television, by the installation of appropriately sized underground conduits extending from the street property. 712A 713A – ADDITIONAL REQUIREMENTS IN FIRE ZONE THREE
712A.1 713A.1 General. In addition to meeting the other requirements of this Chapter, buildings or structures hereinafter erected, constructed, moved, altered, added, or repaired within Fire Zone Three shall comply with the following requirements for buildings and structures.
712A.2 713A.2 Fire warning system. All residential units shall be equipped with a Fire Warning System as specified by the residential smoke detector requirements of the current edition of the California Building Code and with an audible exterior alarm. The exterior alarm must meet the requirements of NFPA 72 or equivalent and generate 45 decibels ten feet from the alarm, or more.
712A.3 713A.3 Automatic fire sprinkler systems. Automatic fire sprinkler system requirements shall be as set forth in Berkeley Fire Code Section 903.2.24.

712A.4 713A.4 Utilities. Utilities, pipes, furnaces, water heaters or other mechanical devices located in an exposed underfloor area of a building or structure shall be enclosed with material as required for exterior one hour fire resistive construction. Adequate covered access openings for servicing and ventilation of such facilities shall be provided as required by appropriate codes.
712A.5 713A.5 Control of brush or vegetation. Brush and vegetation shall be controlled as required in the Berkeley Fire Code.
712A.6 713A.6 Special Conditions. The following additional conditions must be met:

1. Public access roads and fire trails. No person(s) shall use any public access road or fire trail for the storage of any construction material, stationary construction equipment, construction office, portable refuse container, or earth from any grading or excavating.

2. Water Service. The water service to the site shall be installed with a ¾” hose bib connection prior to beginning any wood framing. The person responsible for the construction shall have at the site a 75 ft ¾” hose available.

Exhibit A
Parcels in Addition to the Combined Hillside District
The following additional parcels by Assessor’s Parcel Number and address are included in Fire Zone Two:

Parcel Number (APN) Address
048-7680-001-02 3 Tanglewood Road
048-7680-002-01 5 Tanglewood Road
048-7680-031-00 7 Tanglewood Road
048-7680-019-00 11 Tanglewood Road
048-7680-014-00 19 Tanglewood Road
048-7680-032-01 25 Tanglewood Road
048-7680-027-00 29 Tanglewood Road
054-1702-067-00 10 Tanglewood Road
054-1702-068-00 18 Tanglewood Road
054-1702-069-00 22 Tanglewood Road
054-1702-070-00 28 Tanglewood Road
054-1702-063-00 2701 Belrose Avenue
054-1702-076-00 2715 Belrose Avenue
054-1702-075-00 2721 Belrose Avenue
054-1702-074-00 2729 Belrose Avenue
054-1702-073-00 2737 Belrose Avenue
054-1702-112-00 2801 Claremont Boulevard
054-1702-123-01 2811 Claremont Boulevard
054-1702-122-00 2815 Claremont Boulevard
054-1702-120-01 2821 Claremont Boulevard

054-1702-114-01 2816 Claremont Avenue
054-1702-115-00 2820 Claremont Avenue
054-1702-072-00 3005 Garber Street
054-1702-071-00 3015 Garber Street
054-1702-113-00 3020 Garber Street
054-1702-116-00 3017 Avalon Avenue
Article 3. Wood Burning Appliances

19.28.040 Wood Burning Appliances.

Chapter 31 of the 2022 California Building Code with Mid-Cycle Supplement is adopted in its entirety subject to the modifications thereto which are set forth below. 3116 Wood Burning Appliances.

A. The purpose of this section is to reduce the health risks caused by wood smoke under the climatic conditions applicable to Berkeley.

B. For purposes of this section the following terms shall be defined as set forth below.

1. “EPA” means the United States Environmental Protection Agency.

2. “EPA Certified” means any wood heater that is labeled “EPA Certified” in accordance with the standards in Title 40, Part 60, Subpart AAA, of the Code of Federal Regulations or equivalent, in effect at the time the wood heater is installed.

3. “Pellet heater” means wood heaters that burn pellet fuel exclusively and are either EPA-certified or exempted under EPA requirements set forth in Part 60 Title 40, Subpart AAA, of the Code of Federal Regulations, February 26, 1988.

4. “Wood-burning” means an appliance that burns wood or any wood-based solid fuel, including but not limited to wood pellets.

5. “Wood burning cooking device” means any wood-burning device that is designed or primarily used for cooking.

6. “Wood-burning fireplace” means any permanently-installed masonry or factory- built wood-burning appliance, either open or with doors in front of the combustion chamber, which is neither a wood heater as defined in 40 CFR

60.531 nor designed and used for cooking.

C. No wood-burning fireplace or wood heater as defined in 40 CFR 60.531, that is not EPA certified or exempted by under EPA requirements may be installed in any occupancy.

Exception: Existing masonry fireplaces may be repaired in accordance with the applicable codes in effect at the time of the proposed repair or reconstruction. For purposes of this exception, the term repair includes resurfacing the combustion chamber, but does not include replacing any other part of the combustion chamber.

D. Wood burning cooking devices are not prohibited by this section.

E. Any person planning to install a wood-burning fireplace or heating stove must submit verifiable documentation to the City showing that the appliance conforms to the requirements of this section.

Article 4. Projection into Public Right of Way

19.28.050 Encroachments into the Public Right of Way – Revocation, Removal, Indemnification and Hold Harmless.

Chapter 32 of the 2022 California Building Code with Mid-Cycle Supplement is adopted in its entirety subject to the modifications thereto which are set forth below. 3202 – ENCROACHMENTS
3202.5 Projection into the Public Right of Way – Revocation, Removal, Indemnification and Hold Harmless.

Any permits granted pursuant to this Code which allow any projection upon, over, or under the public right of way may be revoked by the City at any time. Upon such revocation, the permittee or permittee’s successor(s) or assignee(s) shall forthwith remove such projection at permittee’s cost and expense and without any cost or expense whatsoever to the City.

Any person who is granted a permit pursuant to the provisions of this Code which allows a projection upon, over or under the public right of way shall by the issuance of such permit thereby indemnify and hold harmless the City of Berkeley, its officers and employees of and from any and all liabilities, claims, demands, actions or causes of action for injury or injuries to any person or persons or death or deaths of any person or persons or damage to property arising out of or occasioned in any way by the issuance of said permit, the work performed pursuant to such permit, or the existence of such projection.

The obligation of such indemnification and hold harmless provision shall be applicable to the successor(s) and assignee(s) of the permittee.

Article 5. Existing Buildings

19.28.060 Adoption of 2022 California Existing Building Code with Mid-Cycle Supplement and certain Chapters of the 2021 International Existing Building Code by reference.
2022 California Existing Building Code with Mid-Cycle Supplement (CEBC), including Appendix A, is adopted in its entirety subject to the modifications thereto which are set forth below.

DIVISION II SCOPE AND ADMINISTRATION
All of the administrative provisions contained in Article 1 of Chapter 19.28, the Berkeley Building Code, shall apply to this Code as well and take precedence over any CEBC administrative provisions that may conflict.
101.9 Adoption of Certain Chapters of the 2021 International Existing Building Code by reference.

When seismic retrofit is not otherwise required by this Code, the following Chapters of the 2021 International Existing Building Code (IEBC) published by the International Code Council contained in the IEBC Appendix A are hereby adopted by reference as applicable to the types of buildings as designated therein as though fully set forth herein:

Chapter A2, Earthquake Hazard Reduction in Existing Reinforced Concrete and Reinforced Masonry Wall Buildings with Flexible Diaphragms Article 6. Repairs to Existing Buildings and Structures

19.28.070 Adoption of Regulations for the Repairs of Existing Structures.

Add a new Subsection 405.2.7 to Chapter 4 Section 405 of the California Existing Building Code with Mid-Cycle Supplement.
405.2.7 Seismic Evaluation and Design Procedures for Repairs. The seismic evaluation and design shall be based on the procedures specified in the California Building Code or ASCE 41 Seismic Evaluation and Retrofit of Existing Buildings. The procedures contained in Appendix A Chapters A1, A3 and A4 of the California Existing Building Code and Appendix A Chapter A2 of the International Existing Building Code shall be permitted to be used as specified in Section 405.2.7.2. 405.2.7.1 Compliance with CBC level seismic forces. Where compliance requires the use of full seismic forces, the criteria shall be in accordance with one of the following:

1. One-hundred percent of the values in the California Building Code. Where the existing seismic force-resisting system is a type that can be designated as “Ordinary,” the values of R, Ωo, and Cd used for analysis in accordance with Chapter 16 of the California Building Code shall be those specified for structural systems classified as “Ordinary” in accordance with Table 12.2-1 of ASCE 7, unless it is demonstrated that the structural

system will provide performance equivalent to that of a “Detailed,” “Intermediate” or “Special” system.

2. ASCE 41, using a Tier 3 procedure and the two-level performance objective in Table 405.2.7.1.

Table 405.2.7.1
PERFORMANCE OBJECTIVES FOR USE IN ASCE 41 FOR COMPLIANCE WITH

FULL SEISMIC FORCES
RISK CATEGORY (Based
on CBC Table 1604.5)

STRUCTURAL

PERFORMANCE LEVEL FOR
USE WITH BSE-1N

EARTHQUAKE HAZARD
LEVEL

STRUCTURAL

PERFORMANCE LEVEL

FOR USE WITH
BSE-2N EARTHQUAKE

HAZARD LEVEL
I Life Safety (S-3) Collapse Prevention (CP)
II Life Safety (S-3) Collapse Prevention (CP)
III Damage Control (S-2) Limited Safety (S-4)
IV Immediate Occupancy (S-1) Life Safety (S-3)
405.2.7.2 Compliance with reduced CBC level seismic forces. Where seismic evaluation and design is permitted to meet reduced seismic forces, the criteria used shall be in accordance with one of the following:

1. The California Building Code using 75 percent of the prescribed forces. Values of R, Ωo, and Cd used for analysis shall be as specified in Section 405.2.7.1 Item 1.

2. Structures or portions of structures that comply with the requirements of the applicable chapter in Appendix A of the California Existing Building Code (CEBC) or Appendix A of the International Existing Building Code (IEBC) as specified in Items 2.1 through 2.4 below shall be deemed to comply with this section.

2.1. The seismic evaluation and design of unreinforced masonry bearing wall buildings in Risk Category I or II are permitted to be based on the procedures specified in CEBC Appendix A Chapter A1, provided the design is no less stringent than required in Berkeley Municipal Code Section 19.38.130.

2.2. Seismic evaluation and design of the wall anchorage system in reinforced concrete and reinforced masonry wall buildings with flexible diaphragms in Risk Category I or II are permitted to be based on the procedures specified in IEBC Appendix A Chapter A2.

2.3. Seismic evaluation and design of cripple walls and sill plate anchorage in residential buildings of light-frame wood construction in Risk Category I or II are permitted to be based on the procedures specified in CEBC Appendix A Chapter A3.

2.4. Seismic evaluation and design of soft, weak, or open-front wall conditions in multiunit residential buildings of wood construction in Risk Category I or II are permitted to be based on the procedures specified in CEBC Appendix A Chapter A4.

3. ASCE 41, using the performance objective in Table 405.2.7.2 for the applicable risk category. The design spectral response acceleration parameters Sxs and Sx1 specified in ASCE 41 shall not be taken less than 75 percent of the respective design spectral response acceleration parameters S DS and S D1 defined by the California Building Code and its reference standards.

Table 405.2.7.2
PERFORMANCE OBJECTIVES FOR USE IN ACCE 41 FOR COMPLIANCE WITH

REDUCED SEISMIC FORCES

RISK CATEGORY
(Based on CBC
Table 1604.5)

STRUCTURAL PERFORMANCE
LEVEL FOR USE WITHBSE-1E

EARTHQUAKE HAZARD LEVEL

STRUCTURAL

PERFORMANCE LEVEL FOR
USE WITH BSE-2E

EARTHQUAKE HAZARD
LEVEL
I Life Safety (S-3). See Note a Collapse Prevention (S-5) II Life Safety (S-3). See Note a Collapse Prevention (S-5) III Damage Control (S-2). See Note a Limited Safety (S-4). See Note b IV Immediate Occupancy (S-1) Life Safety (S-3). See Note c a. For Risk Categories I, II, and III, the Tier 1 and Tier 2 procedures need not be considered for the BSE-1E earthquake hazard level.
b. For Risk Category III, the Tier 1 screening checklists shall be based on the Collapse Prevention, except that checklist statements using the Quick Check provisions shall be based on MS-factors that are the average of the values for Collapse Prevention and Life Safety.
c. For Risk Category IV, the Tier 1 screening checklists shall be based on Collapse Prevention, except that checklist statements using the Quick Check provisions shall be based on MS-factors for Life Safety.

Table 405.2.7.3

REFERENCED STANDARDS
Standard Reference
Number Title Referenced in Code
Section Number

ASCE 41-17
Seismic Evaluation and
Retrofit of Existing
Buildings
405.2.7
Table 405.2.7.1
405.2.7.2
Table 405.2.7.2
Article 7. Technical Amendments to Structural Standards

19.28.080 Various Technical Amendments to Structural Standards.

Chapter 17 of the 2022 California Building Code with Mid-Cycle Supplement is adopted in its entirety subject to the modifications thereto which are set forth below. 1705.3 Concrete construction. Special inspections and tests of concrete construction shall be performed in accordance with this section and Table 1705.3.

Exception: Special inspections and tests shall not be required for: 1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’ c, no greater than 2,500 pounds per square inch (psi) (17.2 MPa).

Chapter 19 of the 2022 California Building Code with Mid-Cycle Supplement is adopted in its entirety subject to the modifications thereto which are set forth below. 1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the following:

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

14.1.4.1 - Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
 Structural plain concrete basement, foundation or other walls below the base are permitted in detached one and two-family dwellings three stories or less in height constructed with stud bearing walls. In dwellings assigned to seismic design category D or E, the height of the wall shall not exceed 8 feet (2438 mm), the thickness shall not be less than 7 1/2 inches (190 mm), and the wall shall retain no more than 4 feet (1219 mm) of unbalanced fill.

Walls shall have reinforcement in accordance with 14.6.1.  Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

Exception: In detached one- and two-family dwelling three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness.

 (Plain concrete footings supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than

0.002 times the gross cross-sectional area of the footing. For footings that exceed 8” inches (203 mm) in thickness, A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

Exceptions:

1. In seismic design categories A, B and C, detached one- and two-family dwellings three stories or less in height and constructed with stud bearing walls, are permitted to have plain concrete footings without longitudinal reinforcement.

2. For foundation systems consisting of a plain concrete footing and a plain concrete stem wall, a minimum of one bar shall be provided at the top of the stem wall and at the bottom of the footing.

3. Where a slab on ground is cast monolithically with the footing, one No. 5 bar is permitted to be located at either the top of the slab or bottom of the footing.

Article 8. Construction of Exterior Appurtenances

19.28.090 Technical Amendments for Construction of Exterior Projecting Elements and Appurtenances.

Chapter 12 of the 2022 California Building Code with Mid-Cycle Supplement is adopted in its entirety subject to the modifications thereto which are set forth below:
1202.7 Ventilation of weather exposed enclosed assemblies. Balconies, landings, decks, stairs and similar exterior projecting elements and appurtenances exposed to the weather and sealed underneath shall have cross ventilation for each separate enclosed space by ventilation openings protected against the entrance of rain and snow and as set forth in Section 2304.12.2.5. Blocking and bridging shall be arranged so as not to interfere with the movement of air. The net free ventilating area shall not be less than 1/150th of the area of the space ventilated. Ventilation openings shall comply with Section 1202.2.2.

An access panel of sufficient size shall be provided on the underside of the enclosed space to allow for periodic inspection.

Exceptions:

1. An access panel is not required where the exterior coverings applied to the underside of joists are easily removable using only common tools.

2. Removable soffit vents 4 inches minimum in width can be used to satisfy both ventilation and access panel requirements.

Chapter 14 of the 2022 California Building Code with Mid-Cycle Supplement is adopted in its entirety subject to the modifications thereto which are set forth below:
1403.15 Projections exposed to weather. Balconies, landings, decks, stairs and similar floor projections exposed to the weather shall be constructed of naturally durable wood, preservative-treated wood, corrosion resistant (e.g., galvanized) steel, or similar approved materials.

Chapter 23 of the 2022 California Building Code with Mid-Cycle Supplement is adopted in its entirety subject to the modifications thereto which are set forth below:
2304.12.2.3 Supporting members for permanent appurtenances. Naturally durable or preservative-treated wood shall be utilized for those portions of wood members that form the structural supports of buildings, balconies, porches or similar permanent building appurtenances where such members are exposed to the weather without adequate protection from a roof, eave, overhang or other covering to prevent moisture or water accumulation on the surface or at joints between members. 2304.12.2.4 Supporting members for permeable floors and roofs. Wood structural members that support moisture-permeable floors or roofs that are exposed to the weather, such as concrete or masonry slabs, shall be of naturally durable or preservative- treated wood unless and shall be separated from such floors or roofs by an impervious moisture barrier. The impervious moisture barrier system protecting the structure supporting floors shall provide positive drainage of water that infiltrates the moisture- permeable floor topping.

Table 2308.6.1 WALL BRACING REQUIREMENTSa, f, g
Add new footnotes “f” and “g” to the end of Table 2308.6.1 to read:
f. Methods GB, PBS, HPS and SFB are not permitted in Seismic Design Categories D or E. In Seismic Design Categories D, the use of Method PCP is limited to one-story dwellings and accessory structures. g. Methods DWB and PCP are not permitted in Seismic Design Categories E.

Article 9. Emergency Housing

19.28.100 Emergency Housing and Emergency Housing Facilities.

HCD Appendix P of the 2022 California Building Code with Mid-Cycle Supplement is adopted on an emergency basis and reproduced in its entirety subject to the modifications thereto which are set forth below:

APPENDIX P

EMERGENCY HOUSING
SECTION P101

GENERAL

P101.1 Scope. This appendix shall be applicable to emergency housing and emergency housing facilities, as defined in Section P102. The provisions and standards set forth in this appendix shall be applicable to emergency housing established pursuant to the declaration of a shelter crisis under Government Code section 8698 et seq. and located in new or existing buildings, structures, or facilities owned, operated, erected, or constructed by, for or on behalf of the City of Berkeley on land owned or leased by the City of Berkeley.

P101.2 Application. Notwithstanding any provisions of this Code to the contrary, the following requirements shall apply to emergency housing operated during a shelter crisis, as provided for in Government Code Section 8698 et seq. Other than the specific requirements set forth in this appendix, the facilities need not comply with the requirements of this Code for Group R occupancies unless otherwise specified in this Code.

SECTION P102

DEFINITIONS
P102.1 General. The following words and terms shall, for the purposes of this appendix, have the meanings shown herein. Refer to Chapter 2 of this code for general definitions.

DECLARATION OF SHELTER CRISIS. The duly proclaimed existence of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety. (See Government Code Section 8698) DEPENDENT UNIT. Emergency housing not equipped with a kitchen area, toilet, and sewage disposal system. Recreational vehicles that are not self-contained and without utility service connections shall be considered dependent units.

EMERGENCY HOUSING. Housing in a permanent or temporary structure(s), occupied during a declaration of state of emergency, local emergency, or shelter crisis.

Emergency housing may include, but is not limited to, buildings and structures constructed in accordance with the California Building Standards Code; and emergency sleeping cabins, emergency transportable housing units, and tents constructed in accordance with this appendix.

EMERGENCY HOUSING FACILITIES. On-site common use facilities supporting emergency housing. Emergency housing facilities include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water. The use of emergency housing facilities is limited exclusively to the occupants of the emergency housing, personnel involved in operating the housing, and other emergency personnel.

EMERGENCY HOUSING SITE. A site containing emergency housing and emergency housing facilities supporting the emergency housing.

EMERGENCY SLEEPING CABIN. Relocatable hard-sided structure constructed in accordance with this appendix, which may be occupied only for emergency housing if allowed by the enforcing agency.

EMERGENCY TRANSPORTABLE HOUSING UNIT. A single- or multiple-section prefabricated structure that is transportable by a vehicle and that can be installed on a permanent or temporary site in response to a need for emergency housing. Emergency transportable housing units include, but are not limited to, manufactured homes, mobilehomes, multifamily manufactured homes, recreational vehicles, and park trailers.

For the purposes of this appendix, emergency transportable housing units may also include commercial modulars as defined in the Health and Safety Code Section 18001.8, if approved by the enforcing agency.

Emergency transportable housing units do not include factory-built housing as defined in the Health and Safety Code Section 19971.

LANDING PLATFORM. A landing provided as the top step of a stairway accessing a loft.

LOCAL EMERGENCY. Local Emergency as defined in the Government Code, Section 8558.

LOFT. A floor level located more than 30 inches (762 mm) above the main floor and open to it on at least one side with a ceiling height of less than 6 feet 8 inches (2032 mm), used as a living or sleeping space.

MANUFACTURED HOME. A structure designed to be used as a single-family dwelling, as defined in the Health and Safety Code, Section 18007.

MEMBRANE STRUCTURE. An air-inflated, air-supported, cable or frame-covered structure, not otherwise defined as a tent. (See Chapter 31 of this code.) MOBILEHOME. A structure designed to be used as a single-family dwelling, as defined in the Health and Safety Code, Section 18008.

MULTIFAMILY MANUFACTURED HOME. A structure designed to contain not less than two dwelling units, as defined in the Health and Safety Code, Section 18008.7.

PARK TRAILER. A trailer designed for human habitation that meets all requirements in the Health and Safety Code, Section 18009.3.

RECREATIONAL VEHICLE. A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation, that meets all requirements in the Health and Safety Code, Section 18010.

STATE OF EMERGENCY. State of Emergency as defined in the Government Code, Section 8558.

TENT. A structure, enclosure or shelter, with or without sidewalls or drops, constructed of fabric or pliable material supported by any manner except by air or the contents that it protects.

SECTION P103

EMERGENCY HOUSING
P103.1 General. Emergency sleeping cabins, emergency transportable housing units including commercial modulars, membrane structures and tents constructed and/or assembled in accordance with this appendix, shall be occupied only during declaration of state of emergency, local emergency, or shelter crisis.

Buildings and structures constructed in accordance with the California Building Standards Code, used as emergency housing, shall be permitted to be permanently occupied.

P103.2 Existing buildings. Existing residential and nonresidential buildings or structures shall be permitted to be used as emergency housing and emergency housing facilities provided such buildings or structures comply with the building code provisions and/or other regulations in effect at the time of original construction and/or alteration. Existing buildings or structures used as emergency housing shall not become or continue to be substandard buildings, as determined by the enforcing agency.

P103.2.1 New additions, alterations, and change of occupancy. New additions, alterations, and change of occupancy to existing buildings shall comply with the requirements of the California Building Standards Code effective at the time of addition, alteration, or change of occupancy. The requirements shall apply only to and/or within the specific area of the addition, alteration, or change of occupancy.

Exceptions:

1. Existing buildings and structures used for emergency housing and emergency housing facilities may not be required to comply with the California Energy Code, as determined by the enforcing agency.

2. Change in occupancy shall not mandate conformance with new construction requirements set forth in the California Building Standards Code, provided such change in occupancy meets the minimum fire and life safety requirements set forth in Section P112 of this appendix.

P103.3 Occupant load. Except as otherwise stated in this appendix, the maximum occupant load allowed in buildings and structures used as emergency housing shall be determined by the enforcing agency, but the interior floor area shall not be less than 70 square feet (6.5 m 2) for one occupant. Where more than one person occupies the building/structure, the required floor area shall be increased at the rate of 50 square feet (4.65 m2) for each occupant in excess of one.

Exceptions:

1. Tents.

2. Recreational vehicles and park trailers designed for human habitation that meet the requirements in the Health and Safety Code, Sections 18009.3 and 18010, as applicable

3. For emergency housing, including emergency sleeping cabins, the minimum interior floor area may be reduced to 53 square feet (4.9 m2) if the enforcing agency determines that 53 square feet (4.9 m2) is adequate space for a single- occupancy sleeping unit.

P103.4 Fire and life safety requirements not addressed in this appendix. If not otherwise addressed in this appendix, fire and life safety measures, including, but not limited to, means of egress, fire separation, fire sprinklers, smoke alarms, and carbon monoxide alarms, shall be determined and enforced by the enforcing agency.

P103.5 Privacy. Emergency housing shall be provided with a privacy lock on each entrance door and all windows for use by the occupants.

P103.6 Heating. All sleeping areas shall be provided with adequate heating as determined by the enforcing agency.

SECTION P104

EMERGENCY SLEEPING CABINS
P104.1 General. Emergency sleeping cabins shall have an interior floor area of not less than 70 square feet (6.5 m2) for one occupant. Where more than one person occupies the cabin, the required floor area shall be increased at the rate of 50 square feet (4.65 m2) for each occupant in excess of one. The interior floor area shall not exceed 400 square feet (37 m2), excluding lofts.

P104.2 Live loads. Emergency sleeping cabins shall be designed to resist intrusion of wind, rain, and to support the following live loads:

1. Floor live loads not less than 40 pounds per square foot (1.92 kPa) of floor area.

2. Horizontal live loads not less than 15 pounds per square foot (718 Pa) of vertical wall and roof area.

3. Roof live loads not less than 20 pounds per square foot (958 Pa) of horizontal roof area.

4. In areas where snow loads are greater than 20 pounds per square foot (958 Pa), the roof shall be designed and constructed to resist these additional loads.

P104.3 Minimum ceiling height. Habitable space and hallways in emergency sleeping cabins shall have a ceiling height of not less than 80 inches (2032 mm). Bathrooms, toilet rooms, and kitchens, if provided, shall have a ceiling height of not less than 76 inches (1930 mm). Obstructions shall not extend below these minimum ceiling heights including beams, girders, ducts, lighting and other obstructions.

Exception: Ceiling heights in lofts constructed in accordance with Section P108 are permitted to be less than 80 inches (2032 mm).

P104.4 Means of egress. Emergency sleeping cabins shall be provided with at least two forms of egress placed remotely from each other. One form of egress may be an egress window complying with Section P104.4.1. When a loft is provided, one form of egress shall be an egress window complying with Section P104.4.1, provided in the loft space.

P104.4.1 Egress window. The bottom of the clear opening of the egress window shall not be more than 44 inches (1118 mm) above the floor. The egress window shall have a minimum net clear opening height of 24 inches (610 mm), and a minimum net clear opening width of 20 inches (508 mm). The egress window shall have a minimum net clear opening area of 5 square feet (0.465 m2).

P104.5 Plumbing and gas service. If an emergency sleeping cabin contains plumbing or gas service, it shall comply with all applicable requirements of the California Plumbing Code and the California Mechanical Code.

P104.6 Electrical. Emergency sleeping cabins shall be provided with all of the following installed in compliance with the California Electrical Code:

1. Continuous source of electricity.

Exception: The source of electricity may be an emergency generator or renewable source of power such as solar or wind power.

2. At least one interior lighting fixture.

3. Electrical heating equipment listed for residential use and a dedicated receptacle outlet for the electrical heating equipment.

Exception: Electrical heating equipment and a dedicated receptacle outlet for the electrical heating equipment are not required if a nonelectrical source of heating is provided.

4. At least one GFCI-protected receptacle outlet for use by the occupant(s).

P104.7 Ventilation. Emergency sleeping cabins shall be provided with means of ventilation (natural and/or mechanical) allowing for adequate air replacement, as determined by the enforcing agency.

P104.8 Smoke alarms. Emergency sleeping cabins shall be provided with at least one smoke alarm installed in accordance with the California Residential Code, Section R314.

P104.9 Carbon monoxide alarms. If an emergency sleeping cabin contains a fuel- burning appliance(s) or a fireplace(s), a carbon monoxide alarm shall be installed in accordance with the California Residential Code, Section R315

SECTION P105

EMERGENCY TRANSPORTABLE HOUSING UNITS
P105.1 General. In addition to the requirements in this appendix, manufactured homes, mobilehomes, multifamily manufactured homes, commercial modulars, recreational vehicles, and park trailers used as emergency transportable housing shall comply with all applicable requirements in the Health and Safety Code, Division 13, Part 2; and Title 25, Division 1, Chapter 3, Subchapter 2.

No provisions of Sections P111 through P114 of this appendix shall be deemed to grant authorization for any additional work that may conflict with the standards specified in Section P105 applicable for emergency transportable housing units.

SECTION P106

TENTS AND MEMBRANE STRUCTURES
P106.1 General. Tents shall not be used to house occupants for more than 7 days unless such tents are maintained with tight wooden floors raised at least 4 inches (101.6 mm) above the ground level and are equipped with baseboards on all sides to a height of at least 6 inches (152.4 mm). Tents may be maintained with concrete slabs with the finished surface at least 4 inches (101.6 mm) above grade and equipped with curbs on all sides at least 6 inches (152.4 mm) high.

A tent shall not be considered a suitable sleeping place when it is found necessary to provide heating facilities in order to maintain a minimum temperature of 50 degrees Fahrenheit (10 degrees Celsius) within such tent during the period of occupancy.

Membrane structures installed and/or assembled in accordance with Chapter 31 of this code, may be permitted to be used as emergency housing and emergency housing facilities, as determined by the enforcing agency.

Tents and membrane structures shall comply with Chapter 31 of the California Fire Code and shall not be erected for a period of more than 180 days within a 12 month period.

Tents and membrane structures shall be limited to one level located at the level of Fire Department vehicle access road or lane. Tents and membrane structures complying with Chapter 31 of the California Fire Code shall not be subject to additional provisions of Sections P111 and P112 of this appendix.

Tents and membrane structures used for sleeping purposes shall be equipped with single station battery powered smoke alarms installed in accordance with Section 907.2.11 of the California Fire Code.

SECTION P107

ACCESSIBILITY

P107.1 General. Emergency housing shall comply with the applicable requirements in Chapter 11B and/or the US Access Board Final Guidelines for Emergency Transportable Housing.

Note: The Architectural and Transportation Barriers Compliance Board (US Access Board) issued the Final Guidelines for Emergency Transportable Housing on May 7, 2014. The final guidelines amended the 2004 ADA Accessibility Guidelines (2004 ADAAG) and the 2004 Architectural Barriers Act (ABA) Accessibility Guidelines (2004 ABAAG) to specifically address emergency transportable housing units provided to disaster survivors by entities subject to the ADA or ABA. The final rule ensures that the emergency transportable housing units are readily accessible to and usable by disaster survivors with disabilities.

SECTION P108

LOFTS IN EMERGENCY HOUSING
P108.1 Minimum loft area and dimensions. Lofts used as a sleeping or living space shall meet the minimum area and dimension requirements of Sections P108.1.1 through P108.1.3.

P108.1.1 Minimum area. Lofts shall have a floor area of not less than 35 square feet (3.25 m2).

P108.1.2 Minimum dimensions. Lofts shall be not less than 5 feet (1524 mm) in any horizontal dimension.

P108.1.3 Height effect on loft area. Portions of a loft with a sloping ceiling measuring less than 3 feet (914 mm) from the finished floor to the finished ceiling shall not be considered as contributing to the minimum required area for the loft.

Exception: Under gable roofs with a minimum slope of 6:12, portions of a loft with a sloping ceiling measuring less than 16 inches (406 mm) from the finished floor to the finished ceiling shall not be considered as contributing to the minimum required area for the loft.

P108.2 Loft access. The access to and primary egress from lofts shall be any type described in Sections P108.2.1 through P108.2.4.

P108.2.1 Stairways. Stairways accessing lofts shall comply with the California Residential Code or with Sections P108.2.1.1 through P108.2.1.6.

P108.2.1.1 Width. Stairways accessing a loft shall not be less than 17 inches (432 mm) in clear width at or above the handrail. The minimum width below the handrail shall be not less than 20 inches (508 mm).

P108.2.1.2 Headroom. The headroom in stairways accessing a loft shall be not less than 74 inches (1880 mm), as measured vertically, from a sloped line connecting the tread or landing platform nosings in the middle of their width.

P108.2.1.3 Treads and risers. Risers for stairs accessing a loft shall be not less than 7 inches (178 mm) and not more than 12 inches (305 mm) in height. Tread depth and riser height shall be calculated in accordance with one of the following formulas:

1. The tread depth shall be 20 inches (508 mm) minus 4/3 of the riser height, or

2. The riser height shall be 15 inches (381 mm) minus 3/4 of the tread depth.

P108.2.1.4 Landing platforms. The top step of stairways accessing lofts shall be constructed as a landing platform where the loft ceiling height is less than 74 inches (1880 mm). The landing platform shall be 18 inches (457 mm) to 22 inches (559 mm) in depth measured from the nosing of the landing platform to the edge of the loft, and 16 inches (406 mm) to 18 inches (457 mm) in height measured from the landing platform to the loft floor.

P108.2.1.5 Handrails. Handrails shall comply with the California Residential Code, Section R311.7.8.

P108.2.1.6 Stairway guards. Guards at open sides of stairways shall comply with the California Residential Code, Section R312.1.

P108.2.2 Ladders. Ladders accessing lofts shall comply with Sections P108.2.2.1 and P108.2.2.2.

P108.2.2.1 Size and capacity. Ladders accessing lofts shall have a rung width of not less than 12 inches (305 mm), and 10 inches (254 mm) to 14 inches (356 mm) spacing between rungs. Ladders shall be capable of supporting a 200 pound (90.7 kg) load on any rung. Rung spacing shall be uniform within 3/8-inch (9.5 mm).

P108.2.2.2 Incline. Ladders shall be installed at 70 to 80 degrees from horizontal.

P108.2.3 Alternating tread devices. Alternating tread devices are acceptable as allowed by the enforcing agency.

P108.2.4 Loft guards. Loft guards shall be located along the open side of lofts. Loft guards shall not be less than 36 inches (914 mm) in height or one-half of the clear height to the ceiling, whichever is less. Loft guards shall not have openings from the walking surface to the required guard height that allow passage of a sphere 4 inches (102mm) in diameter.

SECTION P109

LOCATION, MAINTENANCE AND IDENTIFICATION
P109.1 Maintenance. Emergency housing and emergency housing facilities shall be maintained in a safe and sanitary condition, and free from vermin, vectors and other matter of an infectious or contagious nature. The grounds within emergency housing sites shall be kept clean and free from accumulation of debris, filth, garbage and deleterious matter. Emergency housing and emergency housing facilities shall not be occupied if a substandard condition exists, as determined by the enforcing agency.

P109.1.1 Fire hazards. Dangerous materials or materials that create a fire hazard, as determined by the enforcing agency, shall not be allowed on the grounds within emergency housing sites.

P109.3 Identification. Emergency housing shall be designated by address numbers, letters, or other suitable means of identification. The identification shall be in a conspicuous location facing the street or driveway fronting the building or structure. Each identification character shall be not less than 4 inches (102 mm) in height and not less than 0.5 inch (12.7 mm) in width, installed/painted on a contrasting background.

SECTION P110

EMERGENCY HOUSING FACILITIES SANITATION REQUIREMENTS
P110.1 Drinking water. Potable drinking water shall be provided for all occupants of emergency housing.

P110.2 Kitchens and food facilities. Where provided, kitchens and food facilities, as defined in Section 113789 of the California Health and Safety Code, which support emergency housing sites, shall comply with applicable food safety provisions of Sections 113980 – 114094.5 of the California Health and Safety Code.

Where occupants of dependent units are permitted or required to cook for themselves, a separate area shall be equipped and maintained as a common use kitchen.

Refrigerated storage shall be provided for safe storage of food.

P110.3 Toilet and bathing facilities. When dependent units are used as emergency housing, the emergency housing site shall be provided with one toilet and one bathing facility for every 15 occupants of each gender. The enforcing agency may permit different types and ratios of toilet and bathing facilities. The approval shall be based upon a finding that the type and ratio of toilet and bathing facilities are sufficient to process the anticipated volume of sewage and waste water, while maintaining sanitary conditions for the occupants of the emergency housing.

Bathing facilities shall be provided with heating equipment which shall be capable of maintaining a temperature of 70 degrees F (21.0 degrees Celsius) within such facilities.

Lavatories with running water shall be installed and maintained in the toilet facilities or adjacent to the toilet facilities.

P110.4 Garbage, waste and rubbish disposal. All garbage, kitchen waste and rubbish shall be deposited in approved covered receptacles, which shall be emptied when filled and the contents shall be disposed of in a sanitary manner acceptable to the enforcing agency.

SECTION P111

EMERGENCY HOUSING LIGHTING AND VENTILATION REQUIREMENTS P111.1 Lighting. Buildings or structures used for emergency housing shall be provided with natural light by means of exterior glazed openings in accordance with Section 1204.2 of the California Building Code, or shall be provided with artificial light in accordance with Section 1204.3 of the California Building Code.

P111.2 Ventilation. Buildings or structures used for emergency housing shall be provided with natural ventilation in accordance with Section 1202.5 of the California Building Code, or mechanical ventilation in accordance with the California Mechanical Code.

SECTION P112

EMERGENCY HOUSING FIRE AND LIFE SAFETY REQUIREMENTS
P112.1 Location on property. Buildings or structures used for emergency housing, including sleeping cabins, shall be located in accordance with the requirements of Section 705 and Table 705.5 of the California Building Code, based on their type of construction and fire-resistance ratings of the exterior walls. During a shelter crisis, the fire separation distances are permitted to be measured to the existing buildings on the adjacent parcels rather than to the interior lot lines, provided the open spaces are to remain unobstructed for the duration of the shelter crisis.

P112.2 Buildings on same lot. Buildings or structures used for emergency housing, including sleeping cabins, shall be separated from each other and from other buildings on the same lot as set forth in Section 705.3 of the California Building Code. The Building Official and Fire Marshal may accept reasonable alternatives to these requirements provided reasonably equivalent fire and life safety is achieved.

P112.3 Means of egress. Buildings or structures used for emergency housing shall be provided with means of egress complying with Chapter 10 of the California Building Code, unless modified elsewhere in this appendix.

P112.4 Emergency escape and rescue. Each area of a building or structure used for sleeping purposes in emergency housing shall be provided with an emergency escape

and rescue opening in accordance with Section 1031 of the California Building Code, unless modified elsewhere in this appendix.

P112.5 Smoke alarms. Buildings or structures used for emergency housing, which provide sleeping accommodations, shall be equipped with single station battery powered smoke alarms installed in accordance with the location requirements of Section 907.2.11 of the California Fire Code, unless modified elsewhere in this appendix.

P112.6 Carbon monoxide alarms. Buildings or structures used for emergency housing, which provide sleeping accommodations, and equipped with fuel-burning appliances shall be provided with carbon monoxide detection in accordance with Section 915 of the California Fire Code, unless modified elsewhere in this appendix.

P112.7 Fire alarm. A manual fire alarm system capable of arousing sleeping occupants in accordance with Section 907.2.9.1 of the California Fire Code shall be installed in buildings, structures, or groups of buildings or structures used for emergency housing and having a gross floor area of more than 2,500 square feet or having more than 49 sleeping occupants.

Exception: Individual buildings or structures in a group of buildings or structures with sufficient separation distances to allow each building or structure to function independently in case of a fire, as approved by the Fire Marshal.

P112.8 Automatic sprinkler systems. Fire sprinklers shall be provided for new and existing buildings or structures used for emergency housing, including sleeping cabins, which provide sleeping facilities, as required by Section 903.3 of the California Fire Code. Strict compliance with the requirements of Section 903.3 may not be required when approved by the Fire Marshal. The Fire Marshal is authorized to accept reasonably equivalent alternatives to the installation provisions of Section 903.3 when dealing with buildings or structures used for emergency housing.

P112.9 Fire extinguishers. Portable fire extinguishers shall be provided in accordance with Section 906.1 of the California Fire Code.

P112.10 Flammable or combustible liquids. The possession or storage of any flammable or combustible liquids or gases shall not be permitted (intact cigarette lighters excepted). The use of any type of open flame indoors is prohibited unless conditionally approved by the Fire Chief.

P112.11 Storage in attics, under-floor and concealed spaces. Combustible materials, including but not limited to the possessions of occupants, users and staff shall not be stored in attics, under-floor spaces, or within other concealed spaces of buildings or structures used for emergency housing with sleeping accommodations.

P112.12 Fire department access. Fire Department access to building and premises used for emergency housing shall be in compliance with Section 503, Section 504 and Appendix D of the California Fire Code, as approved by the Fire Chief.

P112.13 Water supply. An approved fire protection water supply complying with Section 507 of the California Fire Code, or as approved by the Fire Chief, shall be provided for each structure, group of structures or premises used for emergency housing.

SECTION P113

ADDITIONAL REQUIREMENTS
P113.1 Operating procedures. Operating procedures including a security plan and service requirements shall be developed by the professional service provider and shown to be consistent with the shelter standards imposed by the Alameda County Social Services Agency. These procedures shall be designed to maintain order and safety within the buildings or structures used for emergency housing.

SECTION P114

ALTERNATIVES AND MODIFICATIONS
P114.1 Alternatives and modifications. Alternative compliance and/or modifications that are reasonably equivalent to the requirements in this appendix may be granted by the Local Administrative Authority in individual cases when dealing with buildings or structures used for emergency housing.

NOTE:

Authority Cited: Health and Safety Code Sections 17040, 17050, 17920.9, 17921, 17921.5, 17921.6, 17921.10, 17922, 17922.6, 17922.12, 17922.14, 17927, 17928, 18300, 18552, 18554, 18620, 18630, 18640, 18670, 18690, 18691, 18865, 18871.3, 18871.4, 18873, 18873.1 through 18873.5, 18938.3, 18944.11, and 19990; and Government Code Section 12955.1.

Reference: Health and Safety Code Sections 17000 through 17062.5, 17910 through 17995.5, 18200 through 18700, 18860 through 18874, and 19960 through 19997; Civil Code Sections 1101.4 and 1101.5; and Government Code Sections 12955.1 and 12955.1.1. (Ord. 7613-NS § 3, 2018)
Section 2. That Berkeley Municipal Code Chapter 19.29 is hereby repealed and reenacted to read as follows:

Chapter 19.29

BERKELEY RESIDENTIAL CODE
Sections:

19.29.010 Adoption of California Residential Code.

19.29.020 Title.

19.29.030 Administrative Provisions.

19.29.040 Subsection R301.2 Climatic and Geographic Design Criteria.

19.29.050 Section R337 Materials and Construction Methods for Exterior Wildlife Exposure.

19.29.060 Technical Amendments to Structural Standards.

19.29.010 Adoption of California Residential Code.

The California Residential Code with Mid-Cycle Supplement, 2022 Edition, as adopted in Title 24 Part 2.5 of the California Code of Regulations, including Appendices AH, AQ, AR, AS, AU and AX is hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto which are set forth in this Chapter. A copy of this Code is on file for use and examination by the public in the office of the City Clerk of the City of Berkeley.

19.29.020 Title.

This Code shall be known as the "Berkeley Residential Code" and may be cited as "this Code".

19.29.030 Administrative provisions.

All of the administrative provisions contained in Article 1 of Chapter 19.28, the Berkeley Building Code, shall apply to this Code as well and take precedence over any California Residential Code (CRC) administrative provisions that may conflict.

For regulations governing wood burning appliances see BMC 19.28.040.

19.29.040 CRC Subsection R301.2 Climatic and geographic design criteria.

TABLE R301.2

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

ICE BARRIER

UNDERLAYMENT
REQUIREDh
FLOOD
HAZARDSg

AIR FREEZING
INDEXi MEAN ANNUAL TEMPj
NO See
Footnote ‘p’ ZERO 57.2◦F
MANUAL J DESIGN CRITERIAn

WIND DESIGN SUBJECT TO DAMAGE FROM
GROUND
SNOW
LOADo
Speedd
(mph)
Topographic
effectsk
Special
wind
regionl
Wind-
borne
debris
zonem

SEISMIC
DESIGN
CATEGORYf Weatheringa Frost line
depthb Termitec
ZERO 85 NO NO NO D2 or E NEGLIGIBLE N/A VERY
HEAVY

Elevation
Altitude
correction
factor e

Coincident
wet bulb
Indoor
winter
design
relative
humidity
Indoor
winter
design
dry-bulb
temperature
Outdoor
winter design
dry-bulb
temperature
Heating
temperature
difference
345 N/A 63 N/A 70 40 30
Latitude Daily
range
Indoor
summer
design
relative
humidity
Summer
Design
Grains
Indoor
summer
design
dry-bulb
temperature
Outdoor
summer
design
dry-bulb
temperature
Cooling
temperature
difference
38 16 50 -6 75 80 5
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Where weathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this Code, the frost line depth strength required for weathering shall govern. The weathering column shall be filled in with the weathering index, “negligible,” “moderate” or “severe” for concrete as determined from Figure R301.2.(1).The grade of masonry units shall be determined from ASTM C34, ASTM C55, ASTM C62, ASTM C73, ASTM C90, ASTM C129, ASTM C145, ASTM C216 or ASTM C652.
b. Where the frost line depth requires deeper footings than indicated in Figure R403.1(1), the frost line depth strength required for weathering shall govern. The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map Figure R301.2(2). Wind exposure category shall be determined on a site- specific basis in accordance with Section R301.2.1.4.
e. The jurisdiction shall fill in this section of the table to establish the design criteria using Table 10A from ACCA Manual J or established criteria determined by the jurisdiction. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with: the date of the jurisdiction’s entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas); and the title and date of the currently effective Flood Insurance Study or other flood hazard study and maps adopted by the authority having jurisdiction, as amended.
h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall fill in this part of the table with “NO.”

i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value on the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F).”
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F).”
k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
l. In accordance with Figure R301.2(2), where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
m.In accordance with Section R301.2.1.2 the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction.
o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figures R301.2(3) and R301.2(4).
p. Flood Hazard Data for the City of Berkeley:

Date of Jurisdiction’s Entry into the NFIP: December 7, 1973; Date of adoption of the first code or ordinance for management of flood hazards:

Ordinance No. 5085-N.S., July 25, 1978;
Date of Flood Insurance study: Aug 3, 2009;
Panel numbers and dates of all currently effective maps adopted by the AHJ (Ordinance 7108-NS 9/29/09):
 FEMA’s “Use of Digital Flood Hazard Data” establishes that paper and digital maps are equivalent. Policy and related information are available from FEMA.

The policy implements section 107 of Public Law 108-264, 118 Stat. 724 (2004)  Panel 13 (not available in printed form)
 Panel 14 of 725, Map Number 06001C0014G, August 3, 2009  Panel 18 of 725, Map Number 06001C0018G, August 3, 2009  Panel 19 of 725, Map Number 06001C0019G, August 3, 2009  Panel 38 (not available in printed form)
 Panel 51 (not available in printed form)
 Panel 52 of 725, Map Number 06001C0052G, August 3, 2009  Panel 53 (not available in printed form)
 Panel 54 of 725, Map Number 06001C0054G, August 3, 2009  Panel 56 of 725, Map Number 06001C0056G, August 3, 2009  Panel 57 of 725, Map Number 06001C0057G, August 3, 2009  Panel 80 of 725, Map Number 06001C0080G, August 3, 2009

19.29.050 CRC Section R337 Materials and Construction Methods for Exterior Wildlife Exposure.

Chapter 3 of the 2022 California Residential Code with Mid-Cycle Supplement is adopted in its entirety subject to the modifications thereto which are set forth below.

R337.1 – SCOPE, PURPOSE AND APPLICATION
R337.1.1 Scope. Section R337 and all subsections apply to building materials, systems and/or assemblies used in the exterior design and construction of new buildings and structures, additions, alterations, repairs and re-roofs located within a Wildland-Urban Interface (WUI) area as defined in Section R337.2.

R337.1.2 Purpose. The purpose of Section R337 is to establish minimum standards for the protection of life and property by increasing the ability of a building or structure located in any Fire Hazard Severity Zone within State Responsibility Area (SRA) or Local Responsibility Area (LRA) or any building or structure in the Wildland-Urban Interface (WUI) area as specified in Section R337.1.3.1 to resist the intrusion of flame or burning embers projected by a vegetation fire and contributes to a systematic reduction in conflagration losses.

R337.1.3 Application. New buildings and structures, additions, alterations, repairs and re-roofs located in any Fire Hazard Severity Zone or any new buildings and structures, additions, alterations, repairs and re-roofs located in Wildland-Urban Interface (WUI) area designated by the enforcing agency constructed after the application date shall comply with the provisions of this section. This shall include all new buildings and structures with residential, commercial, educational, institutional or similar occupancy type use, which shall be referred to in this section as “applicable building” (see definition in Section R337.2), as well as new buildings and structures accessory to those applicable buildings (see Exceptions 1 and 4).

Exceptions:

1. Group U occupancy accessory buildings or structures of any size located at least 50 feet (15 m) from an applicable building on the same lot.

2. Group U occupancy agricultural building or structure, as defined in Section 202 of the California Building Code, of any size located at least 50 feet (15 m) from an applicable building.

3. Group C occupancy special buildings conforming to the limitations specified in Section 450.4.1 of the California Building Code.

4. New accessory buildings and miscellaneous structures specified in Section R337.10 shall comply only with the requirements of that section.

5. Additions to and remodels of building originally constructed prior to July 1, 2008.

R337.1.3.1 Application date and where required. New buildings and structures, additions, alterations, repairs and re-roofs for which an application for a building permit is submitted on or after July 1, 2008, located in any Fire Hazard Severity Zone or any buildings and structures, additions, alterations, repairs and re-roofs for which an application for a building permit is submitted on or after July 1, 2008 located in the Wildland-Urban Interface area shall comply with all sections of this chapter., including all the following areas:

1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as State Responsibility Area (SRA) including:

1.1. Moderate Fire Hazard Severity Zones.

1.2. High Fire Hazard Severity Zones.

1.3. Very-High Fire Hazard Severity Zones.

2. Land designated as Very-High Fire Hazard Severity Zone by cities and other local agencies.

3. Land designated as a Wildland-Urban Interface area by cities and other local agencies.

Exceptions:

1. New buildings located in any Fire Hazard Severity Zone within a State Responsibility Area, for which an application for a building permit is submitted on or after January 1, 2008, shall comply with all sections of this chapter.

2. New buildings located in any Fire Hazard Severity Zone within a State Responsibility Area, or any Wildland-Urban Interface area designated by cities and other local agencies for which an application for a building permit is submitted on or after December 1, 2005, but prior to July 1, 2008, shall only comply with the following sections of this chapter:

2.1. Section R337.5 – Roofing.

2.2. Section R337.6 – Vents.

R337.2 – DEFINITIONS
For the purposes of this Section R337, certain terms are defined below:

FIRE ZONE ONE shall encompass the entire City of Berkeley except for Fire Zones Two and Three.

FIRE ZONE TWO encompasses those areas designated as Combined Hillside District in the Official Zoning map of the City of Berkeley and those areas designated as Very High in the official Fire Hazard Severity Zones (FHSZ) map of The Department of Forestry and Fire Protection (CAL FIRE), as they may be amended from time to time. The following properties, not part of the Combined Hillside District, are included in Fire Zone Two under the Very High designation of the FHSZ map: the eastern section of the University of California, Berkeley main campus, block number 2042 (Alameda County Assessor’s

parcel numbering (APN) system), to the east city line; all of the Clark-Kerr campus, block number 7690, to the east city line; all of block number 7680 in the City of Berkeley; portions of block number 1702 in the City of Berkeley. See Exhibit A for the specific parcels by APN and address.

FIRE ZONE 3 encompasses those areas designated as Environmental Safety – Residential Districts on the Official Zoning Map of the City of Berkeley, as it may be amended from time to time.

LOCAL RESPONSIBILITY AREA (LRA). Areas of the state in which the financial responsibility of preventing and suppressing fires is the primary responsibility of a city, county, city and county, or district. Fire Zones 2 and 3 are designated as Local Responsibility Area.

WILDLAND-URBAN INTERFACE (WUI) is a geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. Fire Zones 2 and 3 are designated as Wildland-Urban Interface (WUI) areas.

R337.5 – ROOFING
R337.5.1 General. Roofs shall comply with the requirements of Sections R337 and R902. Roof assemblies in Fire Hazard Severity Zones shall be tested in accordance with ASTM E108 or UL790 and meet a Class A fire classification. For additional compliance see Section R902 for Class A roof assemblies. The roof assembly shall be installed in accordance with its listing and the manufacturer’s installation instructions.

The entire roof covering shall be replaced of every existing structure where more than 50 percent of the total roof area is replaced within any 1 5-year period,. tThe entire roof covering of every new structure, and any roof covering applied in the alteration, repair, or replacement of the roof of every existing structure shall be a fire-retardant roof covering that is at least Class A rating fire classification.

Wooden shakes and shingles are prohibited roof coverings regardless of the assembly rating of the roof system.

R337.5.5 Spark Arrestors. All chimneys of fireplaces, stoves, barbecues or heating appliances using solid fuel shall be provided with an approved spark arrestor whenever modification has been made to any of these appliances, or whenever a structure is re- roofed. The net free area of the spark arrestor shall be not less than four times the net free area of the outlet of the chimney. The spark arrestor shall have heat and corrosion resistance equivalent to twelve-gauge wire, nineteen-gauge galvanized wire, or twenty- four-gauge stainless steel. Openings shall not permit the passage of spheres having a diameter larger than one-half inch and shall not block the passage of spheres having a diameter of less than three-eighths inch. The arrestor shall be securely attached to the chimney or stovepipe and shall be adequately supported. The use of bands, mollies, masonry anchors or mortar ties are recommended depending upon the individual need.

R337.7 – EXTERIOR COVERING
R337.7.3.2 Replacement of Exterior Wall Covering. Materials for replacement of existing exterior wall covering shall meet or exceed the standards set forth in this chapter.

Exception: Where less than 50% of any wall surface is being replaced or repaired, and the matching of the new plane to the existing plane on that wall is not possible.

R337.11 R337.12 – UNDERGROUND UTILITY CONNECTIONS
R337.11.1 R337.12.1 Underground utility connections. For new construction, provisions shall be made for the undergrounding of all utilities serving the property, including but not limited to electrical, telephone and cable television, by the installation of appropriately sized underground conduits extending from the street property.

R337.12 R337.13 – ADDITONAL REQUIREMENTS IN FIRE ZONE THREE R337.12.1 R337.13.1 General. In addition to meeting the other requirements of this Chapter, buildings or structures hereinafter erected, constructed, moved, altered, added, or repaired within Fire Zone Three shall comply with the following requirements for buildings and structures.

R337.12.2 R337.13.2 Fire Warning System. All residential units shall be equipped with a Fire Warning System as specified by the residential smoke detector requirements of the current edition of the California Building Code and with an audible exterior alarm. The exterior alarm must meet the requirements of NFPA 72 or equivalent and generate 45 decibels ten feet from the alarm, or more.

R337.12.3 R337.13.3 Automatic fire sprinkler systems. Automatic fire sprinkler system requirements shall be as set forth in Berkeley Fire Code Section 903.2.24.

R337.12.4 R337.13.4 Utilities. Utilities, pipes, furnaces, water heaters or other mechanical devices located in an exposed underfloor area of a building or structure shall be enclosed with material as required for exterior one hour fire resistive construction.

Adequate covered access openings for servicing and ventilation of such facilities shall be provided as required by appropriate codes.

R337.12.5 R337.13.5 Control of brush or vegetation. Brush and vegetation shall be controlled as required in the Berkeley Fire Code.

R337.12.6 R337.13.6 Special Conditions. The following additional conditions must be met:

1. Public access roads and fire trails. No person(s) shall use any public access road or fire trail for the storage of any construction material, stationary construction equipment, construction office, portable refuse container, or earth from any grading or excavating.

2. Water Service. The water service to the site shall be installed with a ¾” hose bib connection prior to beginning any wood framing. The person responsible for the construction shall have at the site a 75 ft ¾” hose available.

Exhibit A
Parcels in Addition to the Combined Hillside District
The following additional parcels by Assessor’s Parcel Number and address are included in Fire Zone Two:

Parcel Number (APN) Address
048-7680-001-02 3 Tanglewood Road
048-7680-002-01 5 Tanglewood Road
048-7680-031-00 7 Tanglewood Road
048-7680-019-00 11 Tanglewood Road
048-7680-014-00 19 Tanglewood Road
048-7680-032-01 25 Tanglewood Road
048-7680-027-00 29 Tanglewood Road
054-1702-067-00 10 Tanglewood Road
054-1702-068-00 18 Tanglewood Road
054-1702-069-00 22 Tanglewood Road
054-1702-070-00 28 Tanglewood Road
054-1702-063-00 2701 Belrose Avenue
054-1702-076-00 2715 Belrose Avenue
054-1702-075-00 2721 Belrose Avenue
054-1702-074-00 2729 Belrose Avenue
054-1702-073-00 2737 Belrose Avenue
054-1702-112-00 2801 Claremont Boulevard
054-1702-123-01 2811 Claremont Boulevard
054-1702-122-00 2815 Claremont Boulevard
054-1702-120-01 2821 Claremont Boulevard
054-1702-114-01 2816 Claremont Avenue
054-1702-115-00 2820 Claremont Avenue
054-1702-072-00 3005 Garber Street
054-1702-071-00 3015 Garber Street
054-1702-113-00 3020 Garber Street
054-1702-116-00 3017 Avalon Avenue

19.29.060 Technical Amendments to Structural Standards
Chapter 6 of the 2022 California Residential Code with Mid-Cycle Supplement is adopted in its entirety subject to the modifications thereto which are set forth below.

Table R602.10.3(3) BRACING REQUIREMENTS BASED ON SEISMIC DESIGN CATEGORYi, j

Add new footnotes “i” and “j” to the end of Table R602.10.3(3) to read:
i. Methods GB, PBS, HPS and SFB are not permitted in Seismic Design Categories D0, D1, and D2.
j.Method DWB are not permitted in Seismic Design Categories D 0, D 1, and D 2 where S1 is greater than or equal to 0.75.

Add a new Subsection R602.10.4.5, to read:

R602.10.4.5 Limits on methods GB and PCP. In Seismic Design Categories D0, D 1, and D2, Method GB is not permitted, but gypsum board is permitted to be placed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story dwellings and accessory structures.

Section 3. That Berkeley Municipal Code Chapter 19.30 is hereby repealed and reenacted to read as follows:

Chapter 19.30

BERKELEY ELECTRICAL CODE
Sections:

19.30.010 Adoption of California Electrical Code.

19.30.020 Title.

19.30.030 Administrative provisions.

19.30.010 Adoption of California Electrical Code.

The California Electrical Code, 2022 Edition, as adopted by the California Code of Regulations, Title 24, Part 3 is hereby adopted and made a part of this Chapter as though fully set forth herein subject to the modifications thereto which are set forth in this Chapter.

A copy of this Code is on file for use and examination by the public in the office of the City Clerk of the City of Berkeley.

19.30.020 Title.

This Code shall be known as the "Berkeley Electrical Code" and may be cited as "this Code".

19.30.030 Administrative provisions.

All of the administrative provisions contained in Article 1 of Chapter 19.28, the Berkeley Building Code, shall apply to this Code as well and take precedence over any administrative provisions contained in Article 89 General Code Provisions that may conflict.

Section 4. That Berkeley Municipal Code Chapter 19.32 is hereby repealed and reenacted to read as follows:

Chapter 19.32

BERKELEY MECHANICAL CODE
Sections:

19.32.010 Adoption of the California Mechanical Code.

19.32.020 Title.

19.32.030 Administrative provisions.

19.32.040 Amendments to the California Mechanical Code

19.32.010 Adoption of the California Mechanical Code.

The California Mechanical Code with Mid-Cycle Supplement, 2022 Edition, as adopted in Title 24 Part 4 of the California Code of Regulations, is hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto which are set forth in this Chapter. A copy of this Code is on file for use and examination by the public in the office of the City Clerk of the City of Berkeley.

19.32.020 Title.

This Code shall be known as the “Berkeley Mechanical Code” and may be cited as "this Code".

19.32.030 Administrative provisions.

All of the administrative provisions contained in Article 1 of Chapter 19.28, the Berkeley Building Code, shall apply to this Code as well and take precedence over any California Mechanical Code administrative provisions that may conflict.

19.32.040 Amendments to the California Mechanical Code
Chapter 4 of the 2022 California Mechanical Code with Mid-Cycle Supplement is adopted in its entirety subject to the modifications thereto which are set forth below:
405.4 Kitchen Exhaust. A mechanical exhaust directly to the outdoors shall be provided in each kitchen. The fan shall run intermittently (on demand) or continuously. A readily accessible manual control designed to be operated as needed or an automatic control shall be provided for intermittent operations.
405.4.1 Exhaust Rate. For intermittent-controlled operations, the exhaust rate shall be not less than 100 ft3/min (0.047 m3/s) for range hoods or 300 ft3/min (0.141 m3/s) for mechanical exhaust fans including downdraft appliances. and shall be rated for sound at a maximum of 3 sone at greater than or equal to 100 cfm. For continuous operated ventilation, the exhaust rate shall be not less than 5 air changes per hour

based on kitchen volume for enclosed kitchens and shall be rated for sound at a maximum of 1.0 sone.

Exception: A vented range hood shall not be required in dwelling unit kitchens equipped with a local mechanical exhaust system installed in accordance with ASHRAE

62.2. Section 5. That Berkeley Municipal Code Chapter 19.34 is hereby repealed and reenacted to read as follows:

Chapter 19.34

BERKELEY PLUMBING CODE
Sections:

19.34.010 Adoption of the California Plumbing Code.

19.34.020 Title.

19.34.030 Administrative provisions.

19.34.040 Gas Shut-Off Valves

19.34.010 Adoption of the California Plumbing Code.

The California Plumbing Code with Mid-Cycle Supplement, 2022 Edition, as adopted in Title 24 Part 5 of the California Code of Regulations, including Appendices A, B and D, is hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto which are set forth in this Chapter. A copy of this Code is on file for use and examination by the public in the office of the City Clerk of the City of Berkeley.

19.34.020 Title.

This Code shall be known as the “Berkeley Plumbing Code” and may be cited as "this Code."

19.34.030 Administrative Provisions.

All of the administrative provisions contained in Article 1 of Chapter 19.28, the Berkeley Building Code, shall apply to this Code as well and take precedence over any California Plumbing Code administrative provisions that may conflict.

19.34.040 Gas Shut-Off Valves
Chapter 12 of the 2022 California Plumbing Code with Mid-Cycle Supplement is adopted in its entirety subject to the modifications thereto which are set forth below.

Retitle and amend Section 1209.0 Excess Flow Valves to read:

1209.0 Automatic Gas Shut-Off Valves
1209.1 General. Where automatic excess flow valves are installed, they shall be listed to CSA Z21.93 and shall be sized and installed in accordance with the manufacturer’s instructions. [NFPA 54:5.13]
1209.2 General Requirements for Automatic Gas Shut-Off Valves. Automatic gas shut-off valves shall:

1. Comply with all applicable requirements of the Berkeley Plumbing Code.

2. Be tested and listed by recognized testing agencies such as the Independent Laboratory of the International Approval Services (IAS), Underwriter's Laboratory (UL), International Association of Plumbing and Mechanical Officials (IAPMO) or any other agency approved by the State of California Office of the State Architect (OSA).

3. Be installed on downstream side of the gas utility meter.

4. Be installed in accordance with the manufacturer's instructions.

5. Provide a method for expedient and safe gas shut-off in an emergency.

6. Provide a capability for ease of consumer or owner resetting in a safe manner. 1209.3 Definitions
For the purpose of this Section, terms shall be defined as follows:

AUTOMATIC GAS SHUT- OFF VALVE shall mean either a motion activated gas shut- off valve or device or an excess flow gas shut-off valve or device.

DOWNSTREAM OF GAS UTILITY METER shall mean all gas piping on the property owner’s side of the gas meter and after the service tee.

MOTION ACTIVATED GAS SHUT OFF VALVE shall mean an approved gas valve activated by motion. Valves are set to activate in the event of a moderate or strong seismic event greater than 5.0 on the Richter scale.

UPSTREAM OF GAS UTILITY METER shall mean all gas piping installed by the utility up to and including the meter and the utility’s service tee. 1209.4 Motion Activated Gas Shut-off Valve, Required. A listed motion activated gas shut-off valve shall be installed as follows:

1209.4.1 New Construction. In any newly constructed building or structure containing fuel gas piping.
1209.4.2 Existing Buildings with a single meter. In any existing building or structure containing fuel gas piping served by a single gas meter, when any addition, alteration or repair is made for which a mechanical or plumbing permit is issued. 1209.4.3 Existing Buildings with separate meters serving individual units or tenant spaces. In any existing building or structure containing fuel gas piping served by multiple gas meters, when any addition, alteration or repair is made to an individual unit or tenant space for which a mechanical or plumbing permit is issued. The requirement for a motion activated gas shut off valve shall apply to the gas meter serving the individual unit or tenant space and the gas meter serving common area(s).

Exceptions:

1. Existing automatic gas shut-off valves installed prior to the effective date of this Section, provided the valves are maintained in operational condition.

2. Automatic gas shut-off valves installed on a gas distribution system owned or operated by a public utility.

Note: For the purpose of the requirements of this Section, excess flow valves are not permitted to be installed as a substitute for motion activated gas shut-off valves. 1209.5 Mounting. Motion activated seismic gas shut-off valves shall be mounted rigidly to the building or structure containing the fuel gas piping, unless otherwise specified in the manufacturer’s installation instructions.

Section 6. That Berkeley Municipal Code Chapter 19.36 is hereby repealed and reenacted to read as follows:

Chapter 19.36

BERKELEY ENERGY CODE
Sections:

19.36.010 Adoption of the California Energy Code.

19.36.020 Title.

19.36.030 Administrative provisions.

19.36.040 Amendments to the California Energy Code.

19.36.050 CEQA

19.36.010 Adoption of the California Energy Code.

The California Energy Code with Mid-Cycle Supplement, 2022 Edition, as adopted in Title 24 Part 6 of the California Code of Regulations, is hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto which are set forth in this Chapter. A copy of this Code is on file for use and examination by the public in the office of the City Clerk of the City of Berkeley.

19.36.020 Title.

This Code shall be known as the “Berkeley Energy Code” and may be cited as "this Code”.

19.36.030 Administrative provisions.

All of the administrative provisions contained in Article 1 of Chapter 19.28, the Berkeley Building Code, shall apply to this Code as well and take precedence over any California Energy Code administrative provisions that may conflict.

Section 7. That Berkeley Municipal Code Chapter 19.37 is hereby repealed and reenacted to read as follows:

Chapter 19.37

BERKELEY GREEN CODE
Sections:

19.37.010 Adoption of the California Green Building Standards Code with Mid-Cycle Supplement.

19.37.020 Title.

19.37.030 Administrative provisions.

19.37.040 Amendments to the California Green Building Standards Code.

The California Green Building Standards Code (CALGreen), 2022 Edition with Mid-Cycle Supplement, as adopted in Title 24 Part 11 of the California Code of Regulations, is hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto which are set forth in this Chapter. A copy of this Code is on file for use and examination by the public in the office of the City Clerk of the City of Berkeley.

19.37.020 Title.

This Code shall be known as the “Berkeley Green Code” and may be cited as "this Code".

19.37.030 Administrative provisions.

All of the administrative provisions contained in Article 1 of Chapter 19.28, the Berkeley Building Code, shall apply to this Code as well and take precedence over any California Green Building Standards Code administrative provisions that may conflict.

19.37.040 Amendments to the California Green Building Standards Code with Mid- Cycle Supplement.

Chapter 2 Definitions of the California Green Building Standards Code with Mid-Cycle Supplement is adopted in its entirety subject to the modifications thereto which are set forth below:

Add new definitions to Section 202:

NITROGEN OXIDES (NOX). The sum of nitrogen oxide (NO) and nitrogen dioxide (NO2) collectively expressed as NOX.

NOX EMITTING EQUIPMENT. Any equipment or appliance primarily used for space heating, space ventilation, water heating, cooking, clothes drying and/or lighting that emits more than 0.0 nanograms of nitrogen oxides expressed as NOX per joule of heat and/or light output.

ZERO NOX EMISSION BUILDING. A building is considered a zero NOX emission building if it utilizes only zero NOX equipment or appliances to provide space heating, space ventilation, water heating, cooking, clothes drying, and lighting for the life of the building including future alterations and additions.

ZERO NOX EMITTING EQUIPMENT. Any equipment or appliance that emits no more than 0.0 nanograms of nitrogen oxides (NOX) per joule of heat and/or light output. Equipment and appliances primarily used for space heating, space ventilation, water heating, cooking, clothes drying, and lighting.

Chapter 3 Green Building of the California Green Building Standards Code with Mid- Cycle Supplement is adopted in its entirety subject to the modifications thereto which are set forth below:

Add a new Subsection 301.1.2 to read:
301.1.2 Residential waste diversion. The requirements of Section 4.408 shall be required for:

1. Any additions or alterations, which increase the building’s conditioned area, volume or size

2. Any building alterations with a permit valuation over $100,000

3. Any interior or exterior demolitions valued over $3,000 Modify Subsection 301.3.2 to read:

301.3.2 Nonresidential waste diversion. The requirements of Section 5.408 shall be required for additions and, alterations and demolitions whenever a permit is required for work.

Chapter 4 Residential Mandatory Measures of the California Green Buildings Code with Mid-Cycle Supplement is adopted in its entirety subject to the modifications thereto which are set forth below:

Modify Subsection 4.106.4.1 to read:

4.106.4.1 New one- and two-family dwellings and townhouses with attached or detached private garages, carports, or any other on-site parking. For each dwelling unit, install a listed raceway to accommodate a dedicated 208/240-volt branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger.

Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40- ampere 208/240-volt minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device minimum 40-ampere 208/240- volt dedicated EV branch circuit in close proximity to the proposed location of an EV charger at the time of original construction in accordance with the California Electrical Code.

Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the proposed location of an EV charger at the time of original construction in accordance with the California Electrical Code.

4.106.4.1.1 Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging as “EV CAPABLEREADY”. The raceway termination location shall be permanently and visibly marked as “EV CAPABLEREADY”.

Modify Subsection 4.106.4.2.2. to read:

4.106.4.2.2 Multifamily dwellings, hotels and motels.

1. EV ready parking spaces with receptacles.
a. Hotels and motels. Forty (40) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles.
b. Multifamily parking facilities. Forty (40) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. EV charging receptacles required by this section shall be located in at least one assigned parking space per dwelling unit where

assigned parking is provided but need not exceed forty (40) percent of the total number of assigned parking spaces provided on the site.

Exception: Areas of parking facilities served by parking lifts, including but not limited to automated mechanical-access open parking garages as defined in the California Building Code; or parking facilities otherwise incapable of supporting electric vehicle charging. Areas of parking facilities served by parking lifts, provided the required percentage of EV Chargers spaces are installed elsewhere.
c. Receptacle power source. EV charging receptacles in multifamily parking facilities shall be provided with a dedicated branch circuit connected to the dwelling unit’s electrical panel, unless determined as infeasible by the project builder or designer and subject to concurrence of the local enforcing agency.

Exception: Areas of parking facilities served by parking lifts, including but not limited to automated mechanical-access open parking garages as defined in the California Building Code; or parking facilities otherwise incapable of supporting electric vehicle charging. Areas of parking facilities served by parking lifts, provided the required percentage of EV Chargers spaces are installed elsewhere.
d. Receptacle configurations. 208/240V EV charging receptacles shall comply with one of the following configurations:

1. For 20-ampere receptacles, NEMA 6-20R

2. For 30-ampere receptacles, NEMA 14-30R

3. For 50-ampere receptacles, NEMA 14-50R
Add a new section 4.106.5 to read:

4.106.5 ZERO NOX EMISSION BUILDINGS
Add a new subsection 4.106.5.1 to read:

4.106.5.1 Newly Constructed Buildings. All newly constructed buildings and accessory structures shall be Zero NOX Emissions Buildings.

Add a new Subsection 4.405.1 to read:

4.405.1 Reduction in cement use. As allowed by the enforcing agency, cement used in concrete mix design shall be reduced not less than 25 percent. Products commonly used to replace cement in concrete mix designs include, but are not limited to:

1. Fly ash

2. Slag

3. Silica fume

4. Rice hull ash
Exception: Minimum cement reductions in concrete mix designs approved by the Engineer of Record may be lower where high early strength is needed for concrete products or to meet an accelerated project schedule.

Modify Subsection 4.408.1 to read:

4.408.1 Construction waste management. Recycle and/or salvage for reuse 100% of excavated soil and land-clearing debris, 100% of concrete, 100% of asphalt, and a minimum of 65 percent of the other nonhazardous construction and demolition waste in accordance with either Section 4.408.2, 4.408.3 or 4.408.4, or meet a more stringent local construction and demolition waste management ordinance.

Exceptions:

1. Excavated soil and land-clearing debris.

2. Alternate waste reduction methods developed by working with local agencies if diversion or recycle facilities capable of compliance with this item do not exist or are not located reasonably close to the jobsite.

3. The enforcing agency may make exceptions to the requirements of this section when isolated jobsites are located in areas beyond the haul boundaries of the diversion facility.

Chapter 5 Nonresidential Mandatory Measures of the California Green Buildings Code with Mid-Cycle Supplement is adopted in its entirety subject to the modifications thereto which are set forth below:

Modify Subsection 5.106.5.3.1 to read:

5.106.5.3.1 EV Capable Spaces. [N] Twenty (20) percent of the total number of parking spaces shall be EV capable spaces. Calculation for EV capable spaces shall be rounded up to the nearest whole number. shall be provided in accordance with Table 5.106.5.3.1 and The spaces shall comply with the following requirements:

1. Raceways complying with the California Electrical Code and no less than 1- inch (25 mm) diameter shall be provided and shall originate at a service panel or a subpanel(s) serving the area, and shall terminate in close proximity to the proposed location of the EV capable space and into a suitable listed cabinet, box, enclosure or equivalent. A common raceway may be used to serve multiple EV capable spaces.

2. A service panel or subpanel(s) shall be provided with panel space and electrical load capacity for a dedicated 208/240 volt, 40-ampere minimum branch circuit for each EV capable space, with delivery of 30-ampere minimum to an installed EVSE at each EVCS.

3. The electrical system and any on-site distribution transformers shall have sufficient capacity to supply full rated amperage at each EV capable space.

4. The service panel or subpanel circuit directory shall identify the reserved overcurrent protective device space(s) as "EV CAPABLE". The raceway termination location shall be permanently and visibly marked as "EV CAPABLE."
Note: A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by an enforcement agency. See Vehicle Code Section 22511.2 for further details.

Modify Subsection 5.106.5.3.2 to read:

5.106.5.3.2 Electric vehicle charging stations (EVCS). Ten (10) percent of the total number of parking spaces shall be EV capable spaces shall be provided with electric vehicle supply equipment (EVSE) to create EVCS in the number indicated in Table

5.106.5.3.1 separate and in addition to the requirements of Section 5.106.5.3.1.

Calculation of required EVCS shall be rounded up to the nearest whole number. The EVCS required by Table 5.106.5.3.1 by this section shall be provided with Level 2 EVSE or DCFC as permitted in Section 5.106.5.3.2.1. At least one minimum 6.6 kVA Level 2 EVSE shall be provided.

One EV charger with multiple connectors capable of charging multiple EVs simultaneously shall be permitted if the electrical load capacity required by Section

5.106.5.3.1 for each EV capable space is accumulatively supplied to the EV charger.

Delete Table 5.106.5.3.1.

Modify Subsection 5.106.5.3.6 to read:

5.106.5.3.6 Electric vehicle charging stations (EVCS)—power allocation method.

The power allocation method may be used as an alternative to the requirements in Section 5.106.5.3.1, and Section 5.106.5.3.2 and associated Table 5.106.5.3.1. Use Table 5.106.5.3.6 the product of the factor 0.66 kVA/parking space times the total number of parking spaces to determine the total power in kVA required based on the total number of actual parking spaces for EVSE charging infrastructure.

Power allocation method shall include the following:

1) Use any kVA combination of EV capable spaces, low power Level 2, Level 2 or DCFC EVSEs.
2) At least one Level 2 EVSE shall be provided.
3) Any remainder power allocation kVA from Section 5.106.3.6 Item (1) shall be converted to one additional low power Level 2 EVSE.

Delete Table 5.106.5.3.6.

Add a new section 5.106.13 to read:

5.106.13 ZERO NOX EMISSION BUILDINGS
Add a new subsection 5.106.13.1 to read:

5.106.13.1 New construction. [N] All newly constructed buildings shall be Zero NOX Emission Buildings.

Exception 1: F1 and F2 Occupancy Classifications as defined by California Building Code Section 306; and H1, H2, H3, H4, and H5 Occupancy Classifications as defined by California Building Code Section 307 for processes other than service water heating, space heating, space ventilation, cooking, clothes drying, and lighting as they relate to human occupancy.

5.405 Material Sources
Add a new Subsection 5.405.1 to read:

5.405.1 Reduction in cement use. As allowed by the enforcing agency, cement used in concrete mix design shall be reduced not less than 25 percent. Products commonly used to replace cement in concrete mix designs include, but are not limited to:

1. Fly ash.

2. Slag.

3. Silica fume.

4. Rice hull ash.

Exception: Minimum cement reductions in concrete mix designs approved by the Engineer of Record may be lower where high early strength is needed for concrete products or to meet an accelerated project schedule.

Modify Subsection 5.408.3 to read:

5.408.3 Concrete, asphalt, excavated soil and land clearing debris. 100 percent of concrete, asphalt, trees, stumps, rocks and associated vegetation and soils resulting primarily from land clearing shall be reused or recycled. For a phased project, such material may be stockpiled on site until the storage site is developed.

Exception: Reuse, either on-or off-site, of vegetation or soil contaminated by disease or pest infestation.

Notes:

1. If contamination by disease or pest infestation is suspected, contact the County Agricultural Commissioner and follow its direction for recycling or disposal of the material. (www.cdfa.ca.gov/exec/county/county_contacts.html)

2. For a map of known pest and/or disease quarantine zones, consult with the California Department of Food and Agriculture. (www.cdfa.ca.gov) Section 8. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
* * * * * *

RESOLUTION NO. ##,###-N.S.

ADOPTING FINDINGS AS TO LOCAL CLIMATIC, GEOLOGICAL, AND

TOPOGRAPHICAL CONDITIONS, RENDERING REASONABLY NECESSARY

ENUMERATED LOCAL BUILDING STANDARDS THAT ARE MORE STRINGENT

THAN THOSE MANDATED BY THE CALIFORNIA BUILDING STANDARDS CODE WHEREAS, the City is proposing to adopt various enumerated changes and modifications to the 2022 California Building Standards Code with Mid-Cycle Supplements, California Code of Regulations, Title 24, as set forth below; and WHEREAS, the Federal Clean Air Act requires the Federal Environmental Protection Agency to establish federal air quality standards to protect public health and public welfare and regulate emissions of hazardous air pollutants; and WHEREAS, Nitrogen Dioxide and ozone are two of the six criteria pollutants explicitly addressed in the Federal Clean Air Act; and
WHEREAS, Congress has found that air pollution prevention and control are the primary responsibility of state and local governments; and
WHEREAS, pursuant to the California Clean Air Act Law, the California Air Resources Board regulates mobile sources of pollution while local and regional authorities are responsible for controlling air pollution discharged, released, or otherwise produced from other sources; and
WHEREAS, Health & Safety Code § 39002 recognizes local authority to set stricter air quality standards for nonvehicular sources than those set forth by state or federal law or by the California Air Resources Board; and
WHEREAS, much of the Greater Bay Area, including the City, remains a nonattainment area that does not meet federal air quality standards for ozone and other harmful air pollutants established to protect public health; and
WHEREAS, Nitrogen Oxide and Nitrogen Dioxide (collectively NOx) emissions from building appliances contribute significantly to the formation of ozone and other harmful air pollutants that are present in the Greater Bay Area at levels that violate federal standards; and
WHEREAS, the Bay Area Air Quality Management District approved rules on June 21, 2023 that outlaw the sale of NOx-emitting water heaters and furnaces in 2027 and 2029, respectively, for installation in Bay Area buildings including in the City; and

2 WHEREAS, preparing structures in the City for the upcoming implementation of the Bay Area Air Quality Management District’s rules will promote efficiency and cost savings that will benefit the City’s residents as well as protect community health; and WHEREAS, Health & Safety Code §17958 allows the City to make modifications or changes to the California Building Standards Code and other regulations adopted pursuant to Health & Safety Code §17921(a) which result in more stringent local requirements; and
WHEREAS, Health & Safety Code §17958, §17958.5 and §17958.7 require that such changes be supported by findings made by the governing body that such more stringent local requirements are necessary because of "local climatic, geological, or topographical conditions"; and
WHEREAS, such findings must be made available as a public record and a copy thereof with each such modification or change shall be filed with the California Building Standards Commission; and
WHEREAS, on November 3, 2022, the Berkeley City Council adopted Resolution No. 70,585-N.S. making findings in support of previous local code amendments.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it finds that each of the proposed changes or modifications to the California Building Standards Code which are enumerated below are reasonably necessary because of local conditions in the area encompassed by the City of Berkeley, as set forth below:

A. LOCAL CONDITIONS

1. Climatic Conditions
a. Discussion
The City of Berkeley is located at the geographic center of the Bay Area. The western limits are defined by the Bay at near sea level and the eastern limits by the abruptly rising Berkeley Hills to 1,200 feet. The eastern limit faces open parklands and open space (covered with vegetative fuel loading) to the east and is exposed to a unique danger from wild land fires during periods of hot, dry weather in the summer months.

Many of the Berkeley homes in this area have wood shake and shingle roofs and are
surrounded by brush type vegetation. The situation is made even worse by the negative effects of high wind conditions during the fire season. During May to October, critical climatic fire conditions occur where the temperature is greater than 80°F, the wind speed is greater than 15 mph, fuel moisture is less than or equal to 10.0 percent, wind
direction is from north to the east-southeast and the ignition component is 65 or greater. These conditions occur more frequently during the fire season but this does not preclude the possibility that a serious fire could occur during other months of the year.

The critical climate fire conditions create a situation conducive to rapidly moving, high

3 intensity fires. Fires starting in the wild land areas along the easterly border are likely to move rapidly westward into Berkeley's urban areas.

In September 1923, critical climatic fire conditions were in effect and Berkeley sustained one of the most devastating fires in California's history. A fire swept over the range of the hills to the northeast of Berkeley and within two hours was attacking houses within the City limits. A total of 130 acres of built-up territory burned. 584 Berkeley buildings were wholly destroyed and about 30 others seriously damaged. By far the greater portion were single-family dwellings, but among the number were 63 apartments, 13 fraternity, sorority and students' house clubs and 6 hotels and boarding houses.

In December of 1980, during critical climatic fire conditions, a small fire started at Berkeley's northeast limits and within minutes five homes were totally destroyed by fire.

On October 20, 1991, a disastrous firestorm swept down from the Oakland hills. Within the first few hours, thousands of people were evacuated. Ultimately over 3,000 dwelling units were destroyed, of which more than 70 were in Berkeley. This fire matched the pattern established by the fires of 1923 and 1980. Additionally, the conditions that led to it were the same as the conditions that led to a 1970 fire that destroyed 70 homes in Oakland.

Berkeley frequently experiences cold winter days with accompanying temperature inversions which trap wood smoke near the ground and increase air pollution. These stagnant air days are marked by increased acute respiratory disease, including asthma, and a small but consistent increase in deaths from heart and lung disease. During these periods the usual onshore flow of clean marine air ceases and wood smoke air pollution becomes an area-wide phenomena. Studies by the Bay Area Air Quality Management District suggest that between 20 and 50% of air polluting small particles come from residential wood burning.

In addition, local surface winds frequently transport moisture laden air from the surface of the Bay waters into the City. Larger scale prevailing weather patterns and winds created by the jet stream from the west also transport highly humid air and storms across the Pacific Ocean through the strait between the San Francisco peninsula and the Marin Headlands straddled by Golden Gate Bridge and into the City. The moderating effect of the Bay waters on local temperatures tends to reduce local temperature extremes, even during periods of high inland temperatures. The combination of moist air from adjacent waters and the associated mild temperatures means that it is common for local weather conditions to hover near the dew point. This can result in the formation of fog associated with local and regional marine weather layers, which commonly cover the City for hours or even days at a time with an average morning relative humidity of 82 percent.

Much of Northern California is considered to possess a predominantly Mediterranean climate. At times Berkeley does experience periods of high temperature and/or low humidity particularly between mid-July and mid-October, when the danger of hillside fires is greatest. Throughout the rest of the year, the marine weather environment is characterized by higher humidity and lower overall prevailing temperatures, resulting in a

4 higher overall moisture content in building construction materials and slower drying of building materials and assemblies once wet or humidified.

Scientific evidence has established that combustion, procurement and transportation produce significant greenhouse gas emissions that contribute to global warming and climate change. Human activities releasing greenhouse gases into the atmosphere cause increases in worldwide average temperature, which contribute to melting of glaciers and thermal expansion of ocean water, drought conditions, increase in vegetative fuel, and length of fire seasons. Alameda County, in which Berkeley is located, has significant levels of some greenhouse gases like ozone, which is also an air pollutant that impacts public health1. Ozone is formed when NOx and VOCs chemically react in the sun . As a coastal city located on the San Francisco Bay, Berkeley is experiencing the repercussions of climate change due excessive greenhouse gas emissions. Rising sea levels have caused significant coastal erosion and have increased impacts to infrastructure during extreme tides.

Scientific evidence also suggests storms are growing with higher intensity due to climate change and will be followed by an increased frequency of dry periods. By 2100, average temperatures in the San Francisco Bay Area are expected to increase up to 11o, bringing 6-10 additional heat waves to Berkeley each year. According to historical records, Bay Area sea level has risen 8 inches over the last century and the pace of sea level rise has increased since 2011. While regional variability exists, the median increase for the San Francisco Bay is expected to reach almost 1 ft by 20502 under a low risk model, while 2.7 ft is projected under an extreme risk scenario. Such climate change events are expected to increase the risk of flooding in low-lying areas of Berkeley, while hillside communities face increased risk of wildfires.
b. Summary
Local climatic conditions of periods of limited rainfall, high temperature and/or low humidity particularly between mid-July and mid-October, and high winds along with existing building construction create periodic extremely hazardous fire conditions that adversely affect the acceleration intensity and size of fires in the City. The same climatic conditions may result in the concurrent occurrence of one or more fires, which may spread in the more populated areas of the City without adequate fire department personnel to protect against and control such a situation. Throughout the rest of the year, the marine weather environment is characterized by higher humidity and lower overall prevailing temperatures, resulting in a higher overall moisture content in building construction 1 California Nonattainment/Maintenance Status for Each County by Year for All Criteria Pollutants | Green Book | US EPA
2 Griggs, G., Cayan, D., Tebaldi, C., Fricker, H., & Árvai, J. (2017). Rising Seas in California. California Ocean Science Trust, (April), 71. Retrieved from http://www.opc.ca.gov/webmaster/ftp/pdf/docs/rising- seas-in-california-an-update-on-sea-level-rise-science.pdf

5 materials and slower drying of building materials and assemblies once wet or humidified.

Berkeley is susceptible to the impacts of climate change, including sea level rise, increased average temperatures, and reduced air quality.

2. Geological Conditions
a. Discussion
The City of Berkeley is in a region of high seismic activity and is traversed by the

Hayward fault. It has the San Andreas earthquake fault to the west and the Calaveras earthquake fault to the east. All three faults are known to be active as evidenced by the damaging earthquakes they have produced in the last 100 years and can, therefore, be
expected to do the same in the future. Of primary concern to Berkeley is the Hayward Fault, which has been estimated to be capable of earthquakes exceeding a magnitude of 7.0 on the Richter scale. It extends through many residential areas and passes through a small business district and the University of California. A large number of
underground utilities cross the fault, including major water supply and natural gas lines. Intensified damage during an earthquake may be expected in liquefaction zones along the Bay west of Interstate 80 and in known slide areas, as well as hillside areas (occupied mainly by dwellings) located within or near the fault zone; some areas are steep and have been subjected to slides.

The waterfront areas and areas in the Berkeley flatlands immediately adjacent to creeks and water streams present a major potential for soil liquefaction hazard. The

Eastshore Freeway may liquefy and fail under heavy shaking or it may be inundated by a tsunami. The north hill area is most susceptible to landslides because of the presence of soft and unconsolidated sediments, extensive water content in the ground and the steepness of slopes.

Great potential damage can be related to the likely collapse of freeway overpasses.

In the event of a major earthquake, Berkeley's firefighting capability could be significantly affected by loss of its main water supply. There is also the strong possibility of inundation due to failure of water reservoirs in the hill area. Summit Reservoir at the Kensington border in Berkeley and Berryman Reservoir North have recently been replaced by steel tanks. Berryman Reservoir South has received a seismic upgrade.

Additional potential situations following an earthquake include broken natural gas mains and ensuing fire in the streets, building fires, as the result of broken service connections, the need for rescues for collapsed structures, and the rendering of first aid
and other medical attention to a large number of people. b. Summary
Local geological conditions include high seismic activity and large concentrations of
residential type buildings as well as a major freeway. Since the City of Berkeley is located in a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, the modifications cited herein are intended to better limit property damage as a result of a

6 seismic activity and to establish criteria for repair of damaged properties following a local emergency.

3. Topographical Conditions
a. Discussion
The City of Berkeley has many homes built throughout the urban portion of the Berkeley Hills that are reached by narrow and often winding paved streets which hamper access for fire apparatus and escape routes for residents. In addition, many of the hillside homes are on the extreme eastern edge of the City and require longer response times for the total required firefighting force. Panoramic Way and other hill areas with narrow and winding streets may face the problem of isolation from the rest of

the City.

In the areas north and south of the University of California, there are large concentrations of apartments, rooming houses, and fraternity and sorority houses. A number of apartments in these areas are of wood frame construction and are up to five stories in height from grade level. The fire potential is moderately high due to building congestion, heights, and wood shingle roof coverings and siding. Fires can be expected

to involve large groups of buildings in these areas. It is noted that Berkeley most probably has more physically impaired people per capita than any other community in
the United States. It is estimated that 14% of the approximate population of 124,321 per the 2021 Census in Berkeley are physically impaired. Emergency egress and rescue for these people are more difficult during a fire or other life safety emergency.

The Eastshore Freeway, running along the western edge of Berkeley, is one of the most heavily used and congested freeway sections in the state. Noted impacts have included increased rates of asthma, particularly among children. The proximity of Berkeley to this freeway and its location downwind from prevailing patterns negatively affects air quality, thus increasing the impact of wood smoke in Berkeley.

Part of the Pacific Coast Range, the Berkeley Hills, define the eastern boundary of the City and form a natural obstruction to the movement of humidified, cooler air out of the San Francisco Bay basin and the City of Berkeley into the dryer adjacent inland valleys and the interior of the State. Although these hills do not form an absolute air barrier, they do play a significant role in the creation of local microclimates. This effect is evidenced by the disparity in temperatures and relative humidity commonly experienced during periods of warm weather between communities adjacent to the San Francisco Bay / Pacific Ocean and communities in the Bay Area inland valleys only a few miles inland.

The City of Berkeley is part of a densely populated metropolitan area with limited space for landfills. It is important to preserve the limited landfill space for materials which cannot be diverted and to keep land-clearing debris out of landfills, where decomposition of such organic material would result in methane.
b. Summary

7 Local topographical conditions include hillside housing with many narrow and winding streets with slide potential for blockage in the abruptly rising Berkeley hills. These conditions create an extremely serious problem for the Fire Department when a major fire or earthquake occurs. Many situations will result in limiting or total blockage of fire department emergency vehicular traffic, overtaxed fire department personnel and a total lack of resources for the suppression of fire in buildings and structures in the City of Berkeley. In addition, under these local conditions, the presence of wood smoke can cause increased disease, including asthma, and increased deaths from heart and lung disease. The built environment also provides little space for landfills.

B. REASONABLE NECESSITY
The proposed changes and modifications to the California Building Standards Code are reasonably necessary due to the local conditions set forth above because they reduce
the risks to life, public safety, health, welfare and property which result from the City’s changing climate and location astride an active earthquake fault. They are further justified for the reasons set forth below.

In adopting the California Building Standards Code as the Berkeley Building Codes, the City proposes to make certain substantive modifications whose effect is to impose more stringent requirements locally than are mandated by the California Building Standards Code. These are:
( 1 ) Building standards relating to increased fire resistance in Fire Zones 2 and 3 (Berkeley Building Code Chapter 19.28 Article 2, Berkeley Residential Code Chapter 19.29 Section 19.29.050);
(2) Standards to reduce the health risk caused by wood smoke under the climatic conditions of Berkeley (Berkeley Building Code Chapter 19.28 Article
3);
(3) Building standards for retrofit of certain existing building types with seismic weaknesses (Berkeley Building Code Chapter 19.28 Article 5); (4) Standards for repair of existing buildings (Berkeley Building Code Chapter

19.28, Article 6);
(5) Provisions requiring retrofitting of unreinforced masonry buildings (Berkeley Building Code Chapter 19.28 Article 6 and Berkeley Municipal Code Chapter

19.38);
(6) Provisions requiring retrofitting of soft, weak, or open front buildings (Berkeley Building Code Chapter 19.28 Article 6 and Berkeley Municipal Code Chapter

19.39);
(7) Various technical amendments to structural standards (Berkeley Building Code
Chapter 19.28 Article 7, Berkeley Residential Code Chapter 19.29 Section 19.29.060);

8 (8) Building standards for construction of exterior elevated elements (E3) to resist moisture intrusion (Berkeley Building Code Chapter 19.28 Article 8); (9) Building standards for emergency housing during the declaration of a shelter crisis (Berkeley Building Code Chapter 19.28 Article 9); (10) Provisions requiring range hood ventilation with sound ratings in residential dwelling units (Berkeley Mechanical Code Chapter 19.32 Section 19.32.040); (11) Provisions requiring installation of motion activated gas shut-off valves (Berkeley Plumbing Code Chapter 19.34 Section 19.34.040); (12) Provisions increasing and expanding the applicability of construction and demolition waste diversion requirements (Berkeley Green Code Chapter

19.37 Section 19.37.040);
(13) Provisions to reduce the cement content in construction concrete mix designs (Berkeley Green Code Chapter 19.37 Section 19.37.040); and (14) Provisions for increasing electric vehicle charging requirements in new low-rise residential, multifamily, and nonresidential buildings supporting lower vehicle miles travelled (VMT) from internal combustion engine (ICE) vehicles. (Berkeley Green Code Chapter 19.37 Section 19.37.040). (15) Provisions for Zero NO x Emission Buildings to reduce indoor air pollution. (Berkeley Green Code Chapter 19.37 Section 19.37.040).

These more stringent local requirements are reasonably necessary to address risks created by local conditions set forth above for
the following reasons:
 Construction in the fire zones, modifications made by Chapter 19.28 Article 2, and Chapter 19.29 Section 19.29.050 reduce the risk to life and property created by wildfires in
the hillside areas of the City.
 The air pollution modifications made by Chapter 19.28 Article 3 Section

19.28.040, and Chapter 19.32 Section 19.32.040 reduce the risk to public safety created by air pollution throughout the City.
 The structural modifications made by Chapter 19.28 Article 5, Article 6, Article 7, Chapter 19.29 Section 19.29.060, Chapter 19.32 Section 19.32.40, Chapter 19.34 Section 19.34.040,
Chapters 19.38 and 19.39 reduce the risk
to life and property and hasten recovery from predictable future natural disasters.
 The E3 modifications made by Chapter 19.28, Article 8, reduce the risk to life and property resulting from the effect of the City's climate and topography on exterior building construction features and materials.
 The waste diversion modifications made by Chapter 19.37 Section 19.37.040 improve public health, safety and welfare by preserving the limited landfill space for materials which cannot be diverted resulting from the effect of local topography with limited space for landfills, and mitigating the impacts of climate change.

9  The cement reduction modifications made by Chapter 19.37 Section 19.37.040 support the City’s decarbonization efforts by reducing the embodied emissions associated with the production of concrete, thus mitigating the impacts of climate change.
 The EV infrastructure modifications made by Chapter 19.37 Section 19.37.040 support the City’s decarbonization efforts by increasing electric vehicle charging infrastructure in both low-rise residential, multifamily, and nonresidential buildings, thus mitigating the impacts of climate change.  The provisions for Zero NOx Emission Buildings made by Chapter 19.37 Section

19.37.040 will reduce known adverse human health impacts related to exposure to binary compounds of nitrogen and oxygen and will do so by guaranteeing all replacement building stock contain Zero NOx appliances and mechanically ventilated kitchens.
 The provisions for Zero NOx Zero Emission Buildings made by Chapter 19.37 will have the effect of reducing the emission of ozone, a greenhouse gas that contributes to climate change, because NOx reacts in sunlight with other volatile organic compounds to create ozone, a powerful GHG with a Global Warming Potential (GWP) of 520.

BE IT FURTHER RESOLVED that certain local amendments to the Codes are not more stringent than the provisions of the California Codes but rather cover matters
not addressed by those Codes or are administrative in nature and do not modify building standards pursuant to Health & Safety Code §17958, §17958.5 and §17958.7. These amendments establish administrative regulations for the effective

enforcement of building standards throughout the City of Berkeley as follows:

Chapter 19.28, Article 1 (Administrative provisions and definitions) and Article 4 (Construction in the Right of Way), and Administrative amendments to Chapter 19.29 (California Residential Code), and to Chapter 19.37 (California Green Building Standards Code), which are local amendments to the California Codes affecting administration provisions only.

BE IT FURTHER RESOLVED that this Resolution shall go into effect on July 1, 2024.

BE IT FURTHER RESOLVED that Resolution No. 70,585-N.S. is hereby rescinded effective July 1, 2024.

Agenda and Rules Committee

ACTION CALENDAR
May 7, 2024
To:

From:

Subject:

Members of the City Council
Agenda and Rules Committee
Council Referral - Proposed Changes to Public Comment

RECOMMENDATION
Refer to the City Manager to review and implement recommendations by the Open Government Commission to improve public access, transparency, meeting procedures and public comment at City Council and commission meetings.

Direct the City Manager to return back to Council with amendments to the City Council Rules of Procedure and Order to implement these recommendations.

POLICY COMMITTEE RECOMMENDATION
On March 4, 2024, the Agenda and Rules Committee adopted the following action:

M/S/C (Arreguin/Hahn) that the Agenda and Rules Committee makes a Qualified Positive Recommendation on the Open Government Commission’s proposal “Proposed Changes to Public Comment” with the following amendments/comments:

A. For immediate implementation:

1. Continue to allow the public to participate remotely via videoconference.

Comment: Approve as recommended by OGC

2. Enable live transcription at all committee, board, and commission meetings with a videoconference component. Configure Zoom to permit saving of the transcription by the public.

Comment: Partially approve this recommendation with the clarification that this would only apply to all Committee, Board and Commission meetings which conduct their meetings through videoconference. Also refer to the City Manager to record all other board and commission meetings, and post recordings to the city webpage. In deploying the recording of meetings start first with quasi-judicial meetings, and then move to commissions with a specific statutory charge, followed by all others.

3. Limit councilmember initial comments on consent and action items to 5 minutes/person and enforce this rule.

Comment: Approve as recommended by OGC but also apply to consent calendar items

ACTION CALENDAR
May 7, 2024

4. Start the Consent Calendar with an acknowledgement that consent items are important but should be ready to pass without prolonged discussion. Minimize discussion of items on the Consent Calendar.

Comment: Approve as recommended by OGC

5. Amend City Council Rules of Procedure Section IV Conduct of Meeting, Sub B, Consent Calendar, last paragraph to add “If three or more Councilmembers object to a Consent item by expressing their intent to abstain or vote no, the item shall be moved from Consent to Action.”
Comment: Approve as recommended by OGC, with addition that the Mayor or Councilmember must register their abstention or no vote before the vote on the Consent Calendar.

6. Acknowledge and verbally summarize comments received via email.

Comment: Reject

7. Use Berkeley Considers more frequently, especially for controversial issues.

Comment: Approve as recommended by OGC

8. Endeavor to inform attendees of approximate time for high interest items, e.g. “Item 32 will not be heard before 9:30.”
Comment: Approve as recommended by OGC

9. Endeavor to determine early if an item will be postponed, e.g. at 9:30 move to continue an item, instead of waiting until 10:50.

Comment: Approve as recommended by OGC

10. Require that City Manager and staff publish supporting materials for Agenda items in advance of the Agenda Committee meeting.

Comment: Reject

11. Amend City Council Rules of Procedure Section IV Conduct of Meeting, Sub B, Consent Calendar, last paragraph as follows: Consent Calendar items will be moved to the Action Calendar if requested by three or more councilmembers. by the Council. Action items may be reordered at the discretion of the Chair with the consent of the Council.

Comment: Approve as recommended by OGC
B. For further consideration and/or research:

1. Schedule more meetings with fewer items on the agenda at each meeting Comment: Endeavor to schedule multiple meetings with fewer items as recommended by OGC.

ACTION CALENDAR
May 7, 2024

2. Schedule separate meetings for items that are controversial or attract especially high public
interest.

Comment: Endeavor to schedule separate meetings for items that are controversial or attract especially high public interest

3. Have separate meetings for City department reports and/or informational items that will take longer than 20 minutes .

Comment: Endeavor to meet this standard as needed

4. Limit to 20 minutes any City department reports included within a regular meeting.

Comment: Take no action

5. Have Special Meetings on a different day from Regular Meetings.

OR
Schedule Special Meetings to have a hard stop fifteen minutes before the posted time of a Regular Meeting.

Comment: For staff presentations where no action is requested, limit Council comments to 5 minutes to enable the meeting to adjourn on time. Also approve of an adjournment of 15 minutes before the posted time of a regular Council meeting, with the option to extend by a 2/3 vote.

6. Strongly urge that supplemental materials be submitted earlier.

Comment: Refer to Agenda and Rules Committee for further discussion

7. Change the minimum amount of time for a public comment to 90 seconds, with more time if
ceded by others.

Comment: Reject

8. After the meeting, provide a webpage link for transcriptions created by the captioners for any Council, Committee, Board or Commission meetings for which captioners were employed.

Comment: Take no action

9. Provide virtual access to Board and Commission meetings which are now held in person.

Comment: Establish a goal and work towards making all Board and Commission meetings hybrid (in person/virtual), dependent on technology and implementation.

Additional Hahn recommendation:

To have Councilmembers submit any announcements (e.g. upcoming community events) to the Mayor the day of the meeting, to be announced by the Mayor during the Ceremonial Calendar.

ACTION CALENDAR
May 7, 2024
Limit Council comment on Consent Calendar to Consent items.

Add an agenda item at the foot of the agenda to allow for up to 2 minutes of general comments per Mayor and Councilmember prior to adjournment.

Vote: All Ayes.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
At the March 14, 2023 City Council meeting, the Council passed a resolution to allow two periods of public comment on Action Items and voted to “Refer the suggestions regarding improvements to the meeting process to the Agenda & Rules Committee and the Open Government Commission for consideration.” The OGC reviewed the recording of this meeting, comments sent in prior to the meeting, and comments submitted by email or in person at Commission meetings and adopted the following recommendations at its September 21, 2023 meeting.

Action: M/S/C (Blome/O'Donnell) Motion to approve report to City Council with non- substantive edits
Vote: Ayes: O'Donnell, Saginor, Blome, Isselbacher, Hernandez; Noes: none; Abstain:
none; Absent: Ching, Hynes.

The Agenda and Rules Committee referred the OGC item for further committee review. At its February 26, 2024 meeting, the Committee received a presentation from representatives of the OGC and engaged in a robust discussion with them on their recommendations. The Mayor prepared a motion reflecting committee comments and the Committee passed a Qualified Positive Recommendation on March 4, 2024 to recommend most of the OGC proposals with some modifications.

BACKGROUND
The City Council asked the Open Government Commission (OGC) to explore improvements to the way City Council meetings offer opportunities for public comment.

The OGC agrees with the resolution passed by City Council on March 14, 2023 that added an opportunity for public comment at the start of the Action Calendar and also maintained the opportunity to comment at the time each Action Item is discussed as this allows the public to hear comments, questions, and proposed changes from City

ACTION CALENDAR
May 7, 2024
Councilmembers before making public comment. In addition to this change, the OGC and Agenda and Rules Committee proposes the following:

A. For immediate implementation:

OGC Suggested Change Agenda Committee
Recommendation
Intended Result

1. Continue to allow the public to
participate remotely via
videoconference.

Approve as recommended
by OGC
Removes barriers to
participation, especially for
those with disabilities.

2. Enable live transcription at all
committee, board, and
commission meetings with a
videoconference component.

Configure Zoom to permit saving
of the transcription by the public.

Partially approve this
recommendation with the
clarification that this would
only apply to all Committee,
Board and Commission
meetings which conduct
their meetings through
videoconference. Also refer
to the City Manager to
record all other board and
commission meetings, and
post recordings to the city
webpage. In deploying the
recording of meetings start
first with quasi-judicial
meetings, and then move to
commissions with a specific
statutory charge, followed
by all others.

People joining remotely can
better understand what is
being said.

3. Limit councilmember initial
comments on action items to 5
minutes/person and enforce this
rule.

Approve as recommended by
OGC but also apply to consent
calendar items
Bring practice more into
alignment with City
Council Rules of
Procedure, Sec. V,
Procedural Matters, Sub.

G, Debate Limited, limits
debate on any item to 20
minutes.

4. Start the Consent Calendar
with an acknowledgement that
consent items are important but
should be ready to pass without
prolonged discussion. Minimize
discussion of items on the
Consent Calendar.

Approve as recommended by
OGC
Bring practice into
alignment with City Council
Rules of Procedure, Sec.

IV, Conduct of Meeting,
Sub. B, Consent Calendar,
“It is the policy of the
Council that the Mayor or
Councilmembers wishing
to ask questions
concerning Consent
Calendar items should ask
questions of the contact
person identified prior to
the Council meeting so
that the need for

ACTION CALENDAR
May 7, 2024
discussion of consent
calendar items can be
minimized.”

5. Amend City Council Rules of
Procedure Section IV Conduct of
Meeting, Sub B, Consent
Calendar, last paragraph to add
“If three or more
Councilmembers object to a
Consent item by expressing their
intent to abstain or vote no, the
item shall be moved from
Consent to Action.”
Approve as recommended by
OGC, with addition that the
Mayor or Councilmember must
register their abstention or no
vote before the vote on the
Consent Calendar.

An item that is not going to pass
does not fit the plain English
definition of “consent.” Such
items properly belong in the
Action calendar where members
of the public may advocate for
them and where
Councilmembers may discuss
their views.

6. Acknowledge and verbally
summarize comments received via
email.

Reject

7. Use Berkeley Considers more
frequently, especially for
controversial issues.

Approve as recommended by
OGC
Provides transparency in
gauging public opinion.

8. Endeavor to inform attendees of
approximate time for high interest
items, e.g. “Item 32 will not be
heard before 9:30.”
Approve as recommended by
OGC
Members of the public can
determine when to join, stay, or
leave in person or via zoom.

9. Endeavor to determine early if
an item will be postponed, e.g. at
9:30 move to continue an item,
instead of waiting until 10:50.

Approve as recommended
by OGC
Members of the public can
determine whether to stay or
leave in person or via zoom.

10. Require that City Manager and
staff publish supporting materials
for Agenda items in advance of the
Agenda Committee meeting.

Reject

ACTION CALENDAR
May 7, 2024

11. Amend City Council Rules of
Procedure Section IV Conduct of
Meeting, Sub B, Consent
Calendar, last paragraph as
follows: Consent Calendar items
will be moved to the Action
Calendar if requested by three
councilmembers. by the Council.

Action items may be reordered at
the discretion of the Chair with
the consent of Council.

Approve as recommended by
OGC
Reflect and formalize current
practice. Allows councilmembers
to respond to public requests for
further consideration of an item.

B. For further consideration and/or research:

Suggested Change Agenda Committee
Recommendation
Intended Result

1.Schedule more meetings with
fewer items on the agenda at
each meeting
Endeavor to schedule multiple
meetings with fewer items as
recommended by OGC.

Members of the public would wait
less long to speak on an item.

2. Schedule separate meetings
for items that are controversial
or attract especially high public
interest.

Endeavor to schedule
separate meetings for items
that are controversial or attract
especially high public interest
Avoid running overtime or having
to continue long items.

3. Have separate meetings for
City department reports and/or
informational items that will
take longer than 20 minutes.

Endeavor to meet this
standard as needed
Agenda items at these meetings
would be at a prescribed time.

4. Limit to 20 minutes any City
department reports included
within a regular meeting.

Take no action

5. Have Special Meetings on a
different day from Regular
Meetings.

OR
For staff presentations where
no action is requested, limit
Council comments to 5
minutes to enable the meeting
to adjourn on time. Also
approve of an adjournment of
15 minutes before the posted
time of a regular Council
meeting, with the option to
extend by a 2/3 vote.

Regular Meetings can start on
time and end earlier.

Schedule Special Meetings to
have a hard stop fifteen minutes
before the posted time of a
Regular Meeting.

6. Strongly urge that
supplemental materials be
submitted earlier.

Refer to Agenda and Rules
Committee for further
discussion
Allows councilmembers and the
public to review materials before
the meeting.

ACTION CALENDAR
May 7, 2024

7.Change the minimum amount
of time for a public comment to
90 seconds, with more time if
ceded by others.

Reject

8. After the meeting, provide a
webpage link for transcriptions
created by the captioners for any
Council, Committee, Board or
Commission meetings for which
captioners were employed.

Take no action Improve access for members of
the public to meetings they were
unable to attend. Improves
access for persons with hearing
disabilities and allows keyword
searching of meeting content.

9. Provide virtual access to Board
and Commission meetings which
are now held in person.

Establish a goal and work
towards making all Board and
Commission meetings hybrid
(in person/virtual), dependent
on technology and
implementation.

Improve public access to these
meetings.

Additional Hahn
Recommendation: To have Councilmembers submit any announcements (e.g. upcoming community events) to the Mayor the day of the
meeting, to be announced by the Mayor during the Ceremonial Calendar. Limit Council comment on Consent Calendar to
Consent items.

Add an agenda item at the foot of the agenda to allow for up to 2 minutes of general comments per Mayor and Councilmember prior to adjournment.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
None.

RATIONALE FOR RECOMMENDATION
The two main problems these recommendations aim to address are 1) that meetings run long, often ending late at night; and 2) long wait times make it difficult for members of the public to comment on issues being discussed, especially when substantive changes are proposed at the last minute.

The OGC plans to continue monitoring the situation to evaluate whether these changes produce the desired outcome of shorter meetings and shorter wait times for the public to speak.

The Agenda and Rules Committee is also currently engaged work around redesigning the City Council’s legislative process. This will include further review of Council meeting rules and procedures which may result in additional recommendations for Council action.

CONTACT PERSON
Jesse Arreguin, Mayor (510) 981-7100

Environment and Climate Commission
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

INFORMATION CALENDAR
May 7, 2024
To: Honorable Mayor and Members of the City Council
From: Environment and Climate Commission (ECC)
Submitted by: Cecilia Lunaparra, Chair, ECC
Subject: Environment and Climate Commission 2024 Work Plan

INTRODUCTION
The Environment and Climate Commission (ECC) is responsible for advising the City Council on matters related to environmental sustainability and climate change. ECC’s scope includes work to advance the goals of: advancing green buildings and resource efficiency; decarbonizing buildings and transportation; engaging and educating the community; addressing the impacts and welfare of all species, including animals, insects, and plants; reducing greenhouse gas emissions; reducing toxics and preventing pollution; and supporting environmental justice. The ECC works closely with the City of Berkeley’s Office of Energy & Sustainable Development (OESD).

CURRENT SITUATION AND ITS EFFECTS
The ECC has a broad scope and a responsibility to support and work closely with OESD staff. The ECC created subcommittees to work on the following projects:

Project Status Description
Transportation
Public Space
Re-allocation &
Vehicle Miles
Traveled (VMT)
Targets
In Committee Re-allocate public street space away from
autocentric uses towards pedestrians, bicyclists,
and buses, even more than currently envisioned in
Berkeley's Climate Action Plans, bike and
pedestrian master plans, etc. Begin by evaluating
the city of Berkeley's existing transportation plans
to determine to what degree they achieve the VMT
necessary to meet climate goals.

Native Plants In Committee Identify opportunities and strategies to support native plants.

Electrification
Equity and
Access
In Committee Identify opportunities for access to e-mobility and electric vehicle charging infrastructure,
electric home appliances, distributed energy
resources, and microgrids by renters, others in
multifamily housing, and those Berkeley
residents who have historically been left behind
in the clean energy transition. Explore funding

ECC 2024 Work Plan INFORMATION CALENDAR
May 7, 2024

opportunities for those populations.

Water
Conservation,
Recycling, and
Reuse;
Stormwater
Management
In Committee Explore how existing policies and initiatives around water conservation, recycling and reuse,
and stormwater management, including the
City's Hazard Mitigation Plan, are evolving to
address sustainability goals, adaptation and
resilience for a future of larger storms, longer
droughts, and seawater rise. Coordinate with
work of other commissions.

OESD Input &
Support
Ongoing Support OESD staff with feedback on programs,
standards, and other initiatives, including the
Building Emissions Saving Ordinance (BESO),
the Berkeley Existing Buildings Electrification
Strategy (BEBES), the Climate Equity Fund,
Just Transition, Climate Action planning, etc.

At the February 28, 2024 meeting the ECC approved the work plan to send to the City Council as follows: Motion/second to approve the 2024 Workplan with the addition of Electrification Equity and Access content (Lunaparra, Tregub). The motion carried 10-0-0- 0; Ayes: Tregub, Ranney, LaBonte, McGuire, Tahara, Allen, Guliasi, Lunaparra, Athanasiou, Syed. Noes: None. Abstain: None. Absent: None.

BACKGROUND
First established in 2022, the ECC was formed by merging the Community Environmental Advisory Commission and the Energy Commission. ECC commissioners bring a wide range of expertise, with backgrounds in government, academia, nonprofit, and private sector environmental work, and include youth perspectives. These backgrounds inform the ECC’s work and help it to consider diverse and equitable approaches to addressing the City’s environmental challenges.

This work plan is intended to provide a guide to the work the ECC plans to take on in 2024.

As additional items or issues arise, or are referred to the Commission from Council, the ECC will adjust this plan accordingly.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The ECC’s initiatives will improve environmental sustainability, reduce greenhouse gas emissions, and support a just transition.

ECC 2024 Work Plan INFORMATION CALENDAR
May 7, 2024

POSSIBLE FUTURE ACTION
ECC is considering the following potential additional efforts:

Project Status Description
Green New
Deal policies
Conceptual Develop and support Green New Deal policies
for Berkeley.

Electrification
Information
Campaign
Conceptual Make it easier for homeowners and renters who are interested in electrification (building +
vehicle) to get information and get excited. Give
people positive feelings about induction and
electrification. Create checklist / resources / what
you might do / should think about for people who
are not doing major remodel or buying home, etc.

Expanded OESD
Support – events;
Resiliency Hubs
Conceptual Provide additional support at public events where OESD is staffing tables or otherwise engaging
with the public. Support OESD with resiliency
centers.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
Future action items that the ECC may send to City Council could require staff time to develop, finalize, and/or implement. The ECC strives to ensure proposals provide significant net triple bottom line benefits to the City when evaluating total costs and benefits across environmental, social, and economic impacts.

CONTACT PERSON
Sarah Moore, Secretary, Environment and Climate Commission, [email protected]

Communications

All communications submitted to the City Council are
public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900

Records Online
https://records.cityofberkeley.info/

To search for communications associated with a particular City Council meeting using Records Online:

1. Select Search Type = “Public – Communication Query (Keywords)”

2. From Date: Enter the date of the Council meeting

3. To Date: Enter the date of the Council meeting (this may match the From Date field)

4. Click the “Search” button

5. Communication packets matching the entered criteria will be returned

6. Click the desired file in the Results column to view the document as a PDF