1 STAFF REPORT
COMMUNITY
DEVELOPMENT
DATE: October 11, 2022
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director Eric Garcia, Fire Chief
VIA: Mario Osuna, Assistant Community Development Director David Burke, Battalion Chief
SUBJECT: Introduction of an Ordinance to Adopt the 2022 California Building Standards Codes; Adoption of a Resolution Making Express Findings and Determinations that Modifications to the 2022 California Building Standards Code are R easonably Necessary Due to L ocal Climatic, Geological, Topographical, or Environmental Conditions; and Approval of the Very High Fire Hazard Severity Zones Map
RECOMMENDATION
1) Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE AND CITY OF BURBANK LOCAL AMENDMENTS, AND THE 2021
INTERNATIONAL PROPERTY MAINTENANCE CODE , TOGETHER WITH
CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS THERETO , AND AMENDING PORTIONS OF TITLE 9 OF THE BURBANK MUNICIPAL CODE (Attachment1);
2) Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK MAKING
EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE 2022 CALIFORNIA BUILDING STANDARDS CODE ARE REASONABLY
NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL,
TOPOGRAPHICAL, OR ENVIRONMENTAL CONDITIONS (Attachment 2); and
3) Approve the map of Very High Fire Hazard Severity Zones in the local responsibility area of the City of Burbank (Attachment 3).
2 BACKGROUND
Every three years, the City’s Building and Safety Division and Fire Department present the adoption of the new California Building Standards C ode (CBSC) and local amendments to the City Council. The State publishes the revised CBSC in Title 24 of the California Code of Regulations pursuant to California Health and Safety Code Section 17922 to improve life safety standards d eveloped during the previous three years. The CBSC includes 12 parts. The main parts are the California Building Code (CBC) in Part 2 and the California Fire Code (CFC) in Part 9. Accompanying the Fire Code is a map that designates the Very High Fire Hazard Severity Zones in the Local Responsibility Area of the City of Burbank.
The 2022 CBSC goes into effect statewide on January 1, 2023. Cities are required to adopt the CBSC by reference by that date and may adopt local amendments that are reasonably necessary because of local climatic, geological, topographical , or environmental conditions. All new plan check and building permit applications submitted after January 1, 2023 must comply with the new construction standards in the CBSC.
In addition to the CBSC , the City adopts the 2021 International Property Maintenance Code (IPMC) as the foundation for the code enforcement program . The IPMC contains minimum maintenance standards for basic equipment, light, ventilation, heating, sanitation, and fire safety. Lack of compliance with the IPMC is grounds for violation of the Burbank Municipal Code (BMC).
DISCUSSION
Although State law requires enforcement of Title 24, a local jurisdiction may add its own requirements provided that express findings are made showing such changes are reasonably necessary because of local climatic, geological, topographical , or environmental conditions. In other words, local requirements cannot be less restrictive than the CBSC , but may be more restrictive if certain findings are made. Through the process of adoption, a city may amend the CBSC with its local requirements by finding that they are reasonably necessary based on local climatic, geological, topographical, or environmental conditions. The City’s local amendments are referenced in Title 9 of the BMC. A matrix of the City’s findings justifying the local amendments is included with the Resolution (Attachment 2).
The majority of the proposed local amendments incorporate amendments that have been adopted by the City during prior building code adoption cycles. Staff is proposing to adopt these established amendments as well as recommending adoption of the following notable amendments:
• Cool Roof for Reduction of Heat Island Effect
• Electric Vehicle Charging for New Construction
• Adoption of Appendix P – Provisions for Emergency Housing
The approval of the map of the Very High Fire Hazard Severity Zone is being proposed this code cycle to enable the map to be incorporated specifically into the City’s Fire Code. 3 Adoption of this map will allow the City to file it with the State as required by the California State Fire Marshal . The map is used to determine local responsibility areas 1 and construction requirements.
ENVIRONMENTAL
The code adoption is determined to be categorically exempt under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines in that it can be seen with certainty that there is no possibility the proposed project would have a significant effect on the environment.
BOARD OF BUILDING AND FIRE CODE APPEALS
Staff introduced the 2022 code adoption to the Board of Building and Fire Code Appeals at the meeting on August 11, 2022, and further discussed these changes on September 8, 2022. At its meeting of September 8 , 2022, the Board of Building and Fire Code Appeals recommended adoption of the CBSC, the 2021 International Property Maintenance Code, the map of the Very High Fire Hazard Severity Zones, and the City’s local amendments to such codes.
FISCAL IMPACT
Adoption of the building and fire codes will not require a change to the current fiscal year budget as staff anticipated the necessary expenditures of purchasing new code books and staff training.
CONCLUSION
Based on requirements of S tate law, staff recommends introduction of the ordinance , adoption of the proposed resolution, and approval of the map designation. Should Council not take any action, the State code still goes into effect as published on January 1, 2023, but it would lack the City’s local amendments and references in the BMC that were previously in effect, which would enhance local building, fire safety, and occupancy.
ATTACHMENTS
Attachment 1 – Ordinance
Attachment 2 – Resolution
Attachment 3 – Very High Fire Hazard Severity Zones Map Attachment 4 – Summary of the 2022 Building and Fire Code Adoption
1 Incorporated cities, urban regions, agriculture lands, and portions of the desert where the local government is responsible for wildfire protection.