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Staff Report
City Council
Item No. 7.B
Meeting Date: November 9, 2022
From: Robert Rodriguez, Director of Planning/Building
Title: 2022 Building and Fire Codes Adoption
RECOMMENDATION:
1) Introduce and provide first reading, by title only (waiv ing further reading), of an ordinance adopting the 2022 editions of the California Building and Fire Codes with the requisite findings in support of local additions and amendments to the codes; and 2) Schedule a public hearing date of November 30, 2022 to consider adoption of the ordinance pursuant to Government Code Section 50022.3.
BACKGROUND:
On January 1, 202 3, the State of California will mandate the implementation of a complete set of new building and fire codes based on the latest national and international model building and fire codes. These codes, known as the California Building Standards Code (BSC), and as Title 24 of the California Code of Regulations, were published in July 2022. While many of the national model code standards have been incorporated into the BSC, it is the BSC that applies in all parts of California, not the model codes.
Unless the City adopts amendments on or prior to that date, t he new codes will be effective in Cathedral City on January 1, 202 3 and are immediately applica ble to all building permits submitted after that date.
The City is permitted to adopt local additions and amendments to the Building Standards Code, provided the additions and amendments are based on findings that the additions and amendments are necessar y due to local climatic, topographic, or geological conditions.
Any additions and amendments adopted by the City are not effective until copies of both the express findings and the additions and amendments, with the additions and amendments expressly mark ed and identified as to the applicable findings, have been filed with the California Building Standards Commission (CBSC).
DISCUSSION:
The Codes
The California Building Standards Code (BSC) is a compilation of three types of building
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standards from three different origins:
• Building standards that have been adopted by state agencies without change from building standards contained in national model codes.
• Building standards that have been adapted and adopted from the national model code standards to meet California conditions.
• Building standards, authorized by the California legislature, that constitute extensive additions not covered by the model codes that have been adopted to address specific California concerns.
Purpose of the Ordinance
The purpose of the proposed ordinance is to adopt the 2022 Building and Fire Codes and make the requisite findings regarding the local climatic, topographic, or geological conditions that require the adoption of more restrictive standards than provided in the BSC and to adopt the additions, deletions and/or amendments proposed by the City's Chief Building Official and Fire Chief.
Findings:
1. The City of Cathedral City has an arid desert climate with annual rainfall of approximately 3 inches. Temperatures exceed 100°F on average for four months of the year, with daily highs near 110°F during July and August. Surface area temperatures exceeding 160°F degrees are common. Additionally, the area is subject to hot, dry winds during most months of the year. These hot, d ry, windy climate conditions increase fire danger by drying and pre -heating combustible material and by fostering spontaneous combustion of flammable material. These conditions can hasten the spread and heighten the intensity of fires, thus creating a need for an increased level of fire protection. The fire dangers that result from these desert conditions can be mitigated by: (i) requiring the installation of the proposed on-site fire protection systems; (ii) mandating use of clay or concrete tiles as roofi ng material because clay and concrete is more fire -resistive than other roofing materials permitted under the BSC; and (iii) prohibiting the use of aluminum and copper -coated aluminum wiring smaller than size 1/0 (one -aught) gauge because the smaller gauge aluminum wiring is more likely to fail under the desert conditions and result in mechanical failure which can lead to fires, electrical shocks and other hazardous conditions.
2. Cathedral City is located on or near several significant sources that have the potential to cause moderate to large earthquakes: San Andreas Fault Zone, Garnet Hill Fault, San Jacinto Fault, East Mojave Shear Zone, and Pinto Mountain Fault. Severe seismic activity could disrupt communications, damage gas mains, cause extensive electr ical hazards, and place extreme demands on the limited and widely dispersed resources of the City's Fire Department.
Requiring the installation of on -site fire protection systems including automatic fire sprinkler systems and the other proposed fire protec tion measures described above can partially mitigate the demand for fire protection services following a severe seismic event, resulting in improved fire safety for building occupants and the community at-large.
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3. Elevations within the City limits ranges fr om 270 feet in the eastern portions of the City adjacent to the Whitewater River to 1,360 feet in the mountains in the most Northern boundaries of the City. Topography extends from flat to 6% slope for habitable land. Traffic and circulation congestion to buildings located in the commercial areas of the City often slows fire department response time to emergencies. Requiring the installation of on -site fire protection systems and the other proposed fire protection measures will supplement normal fire depart ment response in new developments and result in improved life safety and fire protection for building occupants and the community at large during fire occurrence.
4. On March 28, 2022, Governor Newsom issued Executive Order N-7-22 aimed at water conservation due to extreme and expanding drought conditions throughout the State of California. As a result of th e continuing water emergency in California, the City must take extensive steps to reduce the consumption of water, including its dependency on large volum es of water for fire suppression.
Requiring the installation of on -site fire protection systems and the other proposed life safety and fire protection measures will provide an increased level of community protection and reduce the City's dependency on larg e volumes of water for fire suppression.
5. The local climatic, geological, and topographical conditions identified above create a heightened fire danger that requires the adoption of stringent fire protection measures. If not amended, the California Buildin g and Fire Codes would permit the construction within the City of many new buildings and structures and the improvement of many existing buildings without on -site fire protection systems, with roofing materials other than clay or concrete tile, and with al uminum and copper -coated aluminum wiring smaller than size 1/0 (one - aught) gauge.
6. The City Council therefore finds that the additions and amendments to the 2022 California Building and Fire Codes set forth herein, in addition to those previously adopted ( effective January 1, 2020) afford more stringent requirements for fire protection than required by the State and that such additions and amendments are necessary for the protection of the public's health, welfare and safety.
Code Updates
The 2022 CA Buil ding and Residential Codes are locally amended and include the following:
1. CBC Section 105.2 - Reduces the height requirement for fence permits from over seven feet to over three feet.
2. CBC Section 105.3.2 - Adds plan submittal requirements once the plan check application has expired.
3. CBC Section 105.5 - Extends the validity of a permit from time of issuance from
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180 days to one year. Adds requirements for permit renewal once permit has expired.
4. CBC Section 105.8 - Adds a requirement that on other than R-3 and U occupancies, permits shall only be issued to California licensed contractors.
5. CBC Section 1505.1 - As adopted in past Code cycles, this Section adds the requirement for clay or concrete tile roofs on residential structures where the roof pitch design is 2½ units vertical to 12 units horizontally.
6. CRC Section R303.11 - Adds a requirement for air conditioning in all habitable rooms.
The 2019 Fire Code is locally amended as follows:
1. Section 903.2 - Revise the method for buildings to be protec ted by an automatic fire sprinkler system. Previously the method required buildings to be automatic fire sprinkled if a 1,500 gallons per minute or greater fire flow was necessary.
The new method requires buildings when an aggregate fire area under the ro of exceeds 3,000 square feet to be automatic fire sprinkled. The new method will not require “light hazard” buildings to be fire sprinkled such as car washes, convenience stores and small restaurants.
2. Section 106.2.3 - Eliminate a previous requirement fo r the sale or transfer of a residential property in Cathedral City to be inspected by the fire department, to ensure functioning smoke alarms, a posted address and no window bars on bedroom windows, prior to the close of escrow.
3. Section 901 - Existing non -conforming buildings shall comply with all the fire safety requirements for a newly constructed building or structure under the following circumstances:
a. When the floor area in an existing non -conforming building is increased greater than fifty (50) perce nt of the total square footage of the original building.
b. When a change in occupancy occurs in an existing non conforming building which, in the opinion of the Fire Chief or Chief Building Official, significantly changes the use of the building.
c. When stru ctural repairs and/or alterations are made to an existing non - conforming building which exceeds fifty (50) percent aggregate replacement of the total square footage of the original building
Section 5608 - Prohibits the sale and discharge of “Safe and Sane ’ fireworks in Cathedral City from June 28 – July 4 annually. The discharge of all consumer fireworks is prohibited year-round.
FISCAL IMPACT:
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The adoption of this ordinance is not anticipated to have a significant fiscal impact on the City’s budget.
ATTACHMENTS:
Ordinance