Desert Hot Springs City Council
November 1, 2022

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include newly constructed or acquisition/rehabilitation developments that provide affordable housing opportunities for individuals, families, seniors, veterans, and special needs tenants.

CalHFA’s Conduit Issuer Program is designed to facilitate access to tax-exempt and taxable bonds by developers that seek financing for eligible projects that provide affordable multifamily rental housing for individuals, families, seniors, veterans or special needs tenants. The conduit bonds may be used to finance the acquisition, rehabilitation, and/or development of an existing project, or they can be used for the construction of a new project.

9. HCD No Place Like Home Program (NPLH) Program
This program provides funding and tools that enables HCD to address affordability issues associated with creating housing units that are specifically set aside for persons with serious mental illness who are chronically homeless, homeless, or at-risk of becoming chronically homeless. Under the program, the Department may make loans to reduce the initial cost of acquisition and/or construction or rehabilitation of housing, and may set funds aside to subsidize extremely low rent levels over time.

10. HCD Multifamily Housing Program
Funds for the program were authorized by the Veterans and Affordable Housing Act of 2018. The program funds new construction, rehabilitation of housing, development or conversion of a nonresidential structure to a rental housing development. Eligible uses include land acquisition and construction. The maximum rent limit is 30% of 60% of Area Median Income (AMI), adjusted by unit size.

11. HCD Supportive Housing Multifamily Housing Program
Funds available are for multifamily rental housing projects involving new construction, rehabilitation, acquisition and rehabilitation, or conversion of nonresidential structures for the purpose of development of rental housing containing permanent supportive housing units for the target population.

12. HCD Veterans Housing and Homelessness Prevention Program This program involves collaboration between HCD, California Department of Veteran Affairs, and California Housing Finance Agency to provide $600 million in Proposition 41 general obligation bonds to fund affordable multifamily rental, supportive and transitional housing. The goal is to fund 4,800 new veteran housing units including 2,880 to 3,300 permanent supportive housing units for homeless veterans. Of the permanent supportive housing units, 1,200 to 1,400 will be for chronically homeless veterans. Priority is placed on housing to be developed in areas with especially high concentrations of California’s most vulnerable veterans while preserving funding for other areas.
“Veteran” means any person who served in the active military, naval, or air service of the United States or as a member of the National Guard who was called to and released from active duty or active services for a period of not fewer than 90 consecutive days or was discharged from service due to a service-related disability. This includes veterans with other-than-honorable discharges.

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At least 50% of the funds awarded shall serve veteran households with extremely low incomes. Of those units targeted to extremely low-income veteran housing, 60% shall be supportive housing units.

13. Housing for Healthy California (HHC) Program
In September of 2017, as part of a landmark housing package, Governor Jerry Brown signed AB 74 into law. The HCD is authorized to develop the Housing for a Healthy California (HHC) Program. The HHC program creates supportive housing for individuals who are recipients of or eligible for health care provided through the California Department of Health Care Services, MediCal program. The goal of the HHC program is to reduce the financial burden on local and state resources due to the overutilization of emergency departments, inpatient care, nursing home stays and use of corrections systems and law enforcement resources as the point of health care provision for people who are chronically homeless or homeless and a high-cost health user.

14. AB 101
a. New State Low Income Housing Tax Credits Program
Provides for the allocation of $500 million in new state low-income housing tax credits for new construction projects that receive the federal 4% tax credit. For these new credits, the bill would increase the eligible basis for these projects from 13% to 30%. It would require at least $300 million of this to be available to new construction projects receiving the federal 4% tax credit, and would allow up to $200 million to be available to projects receiving assistance from the California Housing Finance Agency (CalHFA) Mixed Income Program.

Eligible basis refers to depreciable basis; it does not include land, syndication, organization, or permanent financing costs. A more complete explanation of eligible basis is available at:
https://www.ncsha.org/wp-content/uploads/2018/11/Eligible-Basis-and-Credit-Calculations.pdf b. CalHome Program
AB 101 (2019) allows the CalHome program to include accessory dwelling units (ADUs) and junior accessory dwelling units (JADU), and to authorize the program to make grants for housing purposes in declared disaster areas.

B. ADMINISTRATIVE RESOURCES
Administrative resources include organizations that are able to assist the City in implementing housing activities, including some of those described in Section II - Housing Program.

1. California Department of Housing and Community Development (HCD) HCD is able to provide technical assistance on a myriad of housing topics, including model housing programs and ordinances.

2. Housing Authority of the County of Riverside
This agency administers the Section 8 Housing Voucher Program and Public Housing Program.

The HA’s area of operation is all of the unincorporated areas of the County and all incorporated cities.

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3. Riverside County Continuum of Care (CoC)
The Continuum of Care for Riverside County – CoC Program provides homeless assistance by leveraging funding needed through the HUD Consolidated Application; this provides collaboration between providers of housing and homeless assistance programs and other federal programs.

The CoC is a network of private and public sector homeless service providers, designed to promote community-wide planning and the strategic use of resources addressing homelessness.

The CoC seeks to improve coordination and integration with mainstream resources and other community programs for people who are experiencing or are at-risk of becoming homeless. The CoC seeks to improve and expand the collection of data countywide, develop performance measurements, and allows for each community to tailor its’ program to the particular strengths and challenges within that community. The goal is to assist people to achieve stability through self -sufficiency.

Some of the CoC’s activities include the annual HUD Continuum of Care Programs Notice of Funds Availability (NOFA), for homeless services and housing programs, the Emergency Food and Shelter Program (EFSP) NOFA and the biennial Point in Time Count and Survey of homeless individuals in the County.

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APPENDIX G PROGRESS REPORT
A. GOVERNMENT CODE REQUIREMENTS
HCD suggests that the Progress Report (officially known as review and revision) discuss:
"Appropriateness of goals, objectives and policies" (Section 65588(a)(1)): A description of how the goals, objectives, policies and programs of the updated element incorporate what has been learned from the results of the prior element. "Effectiveness of the element" (Section 65588(a)(2)): A comparison of the actual results of the earlier element with its goals, objectives, policies and programs. The results should be quantified where possible (e.g., rehabilitation), but may be qualitative where necessary (e.g., mitigation of constraints).
"Progress in implementation” (Section 65583(a)(3): An analysis of the significant differences between what was projected or planned in the earlier element and what was achieved.

B. APPROPRIATENESS OF GOALS, OBJECTIVES AND POLICIES

1. Goals and Policies
On July 7, 2021, the City Council adopted the 5th Cycle Housing Element. Because the goals and policies remain appropriate, the 6th Cycle Housing Element has incorporated the goals and policies of the 2013-2021 Housing Element. The goals and policies, however, have been organized according to the housing element mandated program categories:
§ Identify Actions to Make Sites Available to Accommodate the City’s Share of the Regional Housing Need That Could Not Be Accommodated on the Sites Identified in the Land Inventory [Government Code Section 65583(c)(1)] § Assist in the Development of Adequate Housing to Meet the Needs of Extremely Low, Very Low-, Low- and Moderate Income Households [Government Code Section 65583(c)(2)]
§ Address and, Where Appropriate and Legally Possible, Remove Governmental and Nongovernmental Constraints to the Maintenance, Improvement and Development of Housing Including Housing for All Income Levels and Housing for Persons with Disabilities [Government Code Section 65583(c)(3] § Conserve and Improve the Condition of the Existing Affordable Housing Stock [Government Code Section 65583(c)(4)]
§ Promote and Affirmatively Further Fair Housing Opportunities throughout the Community or Communities for All Persons Regardless of Race, Religion, Sex, Marital Status, Ancestry, National Origin, Color, Familial Status, or Disability [Government Code Section 65583(c)(5)]
In addition, goals and policies were added to address the housing needs of special populations. The goals and policies provide a link between the findings of the assessment of

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housing needs and actions to address the needs of the elderly, disabled, and other special needs populations.

2. Objectives
The “construction” quantified objectives for the 2014-2021 period are:
§ Lower Income 4,653 housing units
§ Moderate Income 650 housing units
§ Above moderate Income 1,817 housing units
Between 2014 and 2020, building permits have been issued for the following:
§ Very Low Income 53
§ Low Income 2
§ Moderate Income 83
§ Above Moderate Income 0
The “rehabilitation” objective for the 2014-2021 period is 80 rehabilitated homes. For reasons explained elsewhere in the Progress Report, the objective was not met.

The “conservation/preservation” is 355 lower income households and represents the number of households assisted by the Section 8 Housing Choice Voucher Program. The objective was exceeded as 370 households are being assisted as of September 1, 2021. The City has successfully assisted lower income households in conservation and preservation of affordable housing units during the previous planning period. Note that lower income households in the City are often also special needs populations such as the elderly, persons with disabilities, female headed households, large households, persons experiencing homelessness, and farmworkers.

C. EFFECTIVENESS OF THE ELEMENT
Each program and its effectiveness are described starting on page G-4. There are a total of 16 programs: 14 were continuously implemented since 2014 and two were added on July 7, 2020.

As described under the individual discussions of programs below, the City has successfully helped special needs populations, including the elderly, persons with disabilities, female headed households and persons experiencing homeless through its support of Section 8 and other County programs, establishment of Mixed Use zones that provide housing opportunities in proximity to services, transportation and jobs, and rehabilitation and conservation of housing throughout the community.

D. PROGRESS IN IMPLEMENTATION
Progress in implementation is reported below for two time periods.

Programs Implemented During 2013-2021
2 No Net Loss – implemented and included in 6th Cycle Housing Element

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3 Housing Choice Voucher Program - implemented and included in 6th Cycle Housing Element
4 Density Bonus – not successfully implemented
5 Homebuyer Assistance Program – not successfully implemented; included in 6th Cycle Housing Element

6. Affordable Housing Incentives – not implemented but will contribute to Lift to Rise Program

7. Zoning Ordinance Update – will be implemented with LEAP funding

8. Mixed Use Development - implemented
9 Water and Sewer Providers – implemented

11. Code Enforcement - implemented

12. Housing Repair and Rehabilitation Programs – not successfully implemented; included in 6th Cycle Housing Element

13. Abandoned Residential Property Registration - implemented

14. At-Risk Housing Monitoring - implemented

15. Fair Housing Services - implemented
Programs Added July 7, 2020

1. Adequate Sites - implemented

16. Affirmatively Furthering Fair Housing – implemented

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CITY OF DESERT HOT SPRINGS
EFFECTIVENESS OF THE 5TH CYCLE HOUSING ELEMENT
PROGRAM 1: ADEQUATE SITES
To accommodate the lower-income RHNA shortfall of 4,026 units (for the 2008-2014 and 2014-2021 RHNA planning periods), the City will rezone just under 219 acres of sites within, R-H: Residential High, and MU-C: Mixed-Use Corridor designations.

The rezone was completed in June 2020. The sites were rezoned to have capacity for at least 16 units per site at a minimum density of 20 units per acre, and at least half of the very lowand low-income housing need will be accommodated on sites designated for residential use and for which nonresidential uses or mixed-uses are not permitted. The rezone provides adequate sites and zoning to facilitate affordable housing development, which will benefit special needs populations by meeting their housing needs in the City.

Program 1 was effectively implemented.

PROGRAM 2: NO NET LOSS
Pursuant to Government Code Section 65863, the City will ensure that its Housing Element sites inventory can accommodate its share of the RHNA by income level throughout the 8- year planning period. The City implemented the No Net Loss Program throughout the 2013- 2021 planning period. Since 2013, the City has not approved a project at a reduced density.

In accordance with the No Net Loss law, if a proposed reduction of residential density will result in the residential sites inventory failing to accommodate the RHNA by income level, the City will identify and make available additional adequate sites to accommodate its share of housing need by income level within 180 days of approving the reduced density project.

HCD has suggested that:

A jurisdiction should implement an ongoing, project-by-project evaluation of each approved residential development to ensure that sufficient adequate site capacity is available to accommodate the remaining RHNA by income category throughout the planning period. This evaluation could also be used to complete the Annual Progress Report (APR) required to be sent to the Department by April 1 of each year.

Source: California Department of Housing and Community Development, No Net Loss Law (Government Code Section 65863) Memorandum, page 11 In June 2021, the City prepared a No Net Loss Monitoring Procedure modeled after HCD’s No Net Loss Capacity Calculation Tool. The City having not approved a project at a reduced density since 2013, together with the No Net Loss Monitoring Procedure, ensure affordable housing supply and the ability to meet the housing needs of special needs populations in the City.

Program 2 was effectively implemented.

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PROGRAM 3: HOUSING CHOICE VOUCHER PROGRAM
This Program was included in both the 4th and 5th Cycle Housing Elements.

The Section 8 rental voucher program provides rental assistance to help very low income and special needs households families afford decent, safe, and sanitary rental housing. The Program is administered by the Housing Authority of the County of Riverside.

The family receiving assistance typically pays no more than 30% of their income on rent and the Housing Authority pays the owner the remaining portion of the rent (a housing assistance payment (HAP)) on behalf of the familyrenter.

The Housing Authority receives program funding from HUD.

Since 2013, the City has continued to support the County Housing Authority’s applications for additional Section 8 funding from HUD and assist the Housing Authority in marketing the program to renters and landlords.

As of September 1, 2021, 370 renter households living in Desert Hot Springs were receiving Section 8 rental assistance. This represents an increase of 15 households since July 2018.

The City’s support in marketing and implementing the Section 8 program directly helps renter households with special needs by relieving their housing cost burden.

Program 3 was effectively implemented.

PROGRAM 4: DENSITY BONUS
The City currently has two density bonus provisions. The first provision is based upon State Government Code Section 65915. The second provision provides density bonus incentives for the incorporation of on-site amenities. The two provisions provide flexibility for projects that provide affordable housing and on-site amenities.

The City will encourage use of the State Affordable Housing Density Bonus Law and the Incentive-Based Density Bonus provisions through technical assistance and information dissemination.

Between October 2013 and September 2021, the City has not received a density bonus application.

Program 4 was not effective due in large part to lack of multi-family housing production since 2014.

PROGRAM 5: HOMEBUYER ASSISTANCE PROGRAM
This Program was supported throughout the 2013-2021 period.

Desert Hot Springs is a CDBG/HOME cooperating city with the County of Riverside. Through this cooperative effort, City residents and projects are eligible for the – § First-Time Homebuyer Program (up to 20% of the purchase price) § Mortgage Credit Certificate Program (reduced federal income tax liability)

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The 5th Cycle Housing Element established an objective of assistance to four households annually or 32 during an 8-year period.

The program has been unsuccessful in reaching the quantified objective because it exceeds what the City should realistically expect in terms of program participation and the County funding that would be expended in Desert Hot Springs.

The County’s FTHB Program assists lower income renters living in the unincorporated area and 13 cooperating cities. The 5-year Consolidated Plan set an objective of assistance to 125 FTHB or 25 annually. The objective for the 2021/2022 Program Year is 20 assisted households. Since the FTHB Program is available to renters living in the County and 13 cities it is not likely that funding would be allocated to four households living in the City when the grand total of households that could be assisted is 20 per year.

The 2021-2029 Housing Element reduces the objective to eight households, or one per year.

The objective represents 5% of the County objective for the unincorporated area and 13 cooperating cities.

The City was to have conducted targeted marketing to eligible homebuyers as part of the program. However, this action was not accomplished. The 6th Cycle Housing Element replaces this action with First Time Homebuyer Workshops to be conducted by the Fair Housing Council of Riverside County.

For the reasons stated above, Program 5 was not effective. The 6th Cycle Housing Element creates a new approach to informing the public of the homebuyer assistance program.

The Housing Survey revealed a high interest from the respondents in first time homebuyer information. Instead of the fifth cycle Housing Element’s target marketing program, the 2021- 2029 Housing Element recommends that the Fair Housing Council of Riverside County, Inc. conduct First Time Homebuyer Workshops. The Fair Housing Council periodically holds these Workshops in various locations in Riverside County. At the Workshops the Council will not only describe the “nus and bolts” of buying a home, but also how to apply for assistance from the County’s program.

PROGRAM 6: AFFORDABLE HOUSING INCENTIVES
Through this program, the City will encourage and support the development of rental projects that meet the needs of lower-income renters, extremely low-income households, seniors, and persons with disabilities, including developmental disabilities.

The incentives include, but are not limited to:
§ Providing site information for residential and mixed use developments § Offering technical assistance and information on City funding sources § Encouraging the use of density bonuses
§ Deferring, reducing and/or waiving development fees in order to facilitate the production of affordable housing.
§ Providing incentives and regulatory concessions
The quantified objective was one affordable housing development per year.

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The objective is overly ambitious given the limited funding allocated to the Inland Empire by the Low Income Housing Tax Credit Program and the fact that no developers have submitted to the City projects funded by Affordable Housing Sustainable Communities Program. (The Inland Empire includes the three counties of Riverside, San Bernardino and Imperial.) Many of the incentives, however, will contribute to the implementation of the Lift to Rise Program, which is a key program included in the 2021-2029 Housing Element.

For the reasons stated above, Program 6 was not effective. However, the incentives will contribute to implementation of the Lift to Rise program.

PROGRAM 7: ZONING ORDINANCE UPDATE
This Program is included in the 5th Cycle and 6th Cycle Housing Elements.

The City will undertake an update of the Zoning Ordinance to achieve consistency with the General Plan, encourage affordable and special needs housing, and conform to state law.

The City received Local Early Action Planning (LEAP) funds to complete the Zoning Ordinance Update.

Program 7 will be completed through the LEAP grant.

PROGRAM 8: MIXED-USE DEVELOPMENT
As part of a comprehensive General Plan update in 2019, the City will adopt two new mixeduse designations to encourage infill development at the City’s core that is compact and walkable, offers a mix of uses, and creates a sense of place. The City will also amend the Zoning Ordinance to include development standards and permitted uses for the mixed-use designations.

The City established three mixed-use zones on June 2, 2020, which are described below.

1. MU-N (Mixed-Use Neighborhood). The district is intended to provide local- and neighborhood-supporting mixed-use activity centers with maximum residential densities of 15 dwelling units per acre and/or nonresidential intensity with a maximum floor area ratio (FAR) of 1.0. Commercial retail uses are the primary uses allowed on the ground floor. Professional office and residential uses are also allowed, either integrated with a commercial use or as separate, free-standing use.

2. MU-C (Mixed-Use Corridor). The district is intended to provide higher-intensity, commercially oriented activity with maximum residential densities of 30 dwelling units per acre and/or maximum nonresidential intensities of 1.50 FAR. Residential development is allowed, either as part of a mixed-use project or as a freestanding use and are encouraged to be developed at the highest allowable density.

3. VS-M (Visitor-Serving Mixed). This district is intended to provide for areas appropriate for accommodations, goods, and services intended to serve primarily visitors to the City. Also allowed are detached and attached residential uses at a maximum density of 20 dwelling units per acre. Either commercial or residential development is allowed, but not concurrently on the same property.

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Multifamily, supportive and transitional housing are uses permitted by right in the three mixed use zones. These new zones can accommodate housing for special needs populations such as large households and persons experiencing homelessness. Mixed use development in these zones will bring jobs and services closer to homes and potentially benefit people with limited mobility such as the elderly and persons with disabilities. The MU-N zone with neighborhood-supporting mixed-use activity centers can especially benefit female headed households by providing amenities closer to homes and reducing transportation costs.

Program 8 was effective.

PROGRAM 9: WATER AND SEWER SERVICE PROVIDERS
This program was implanted following adoption by the City Council of the 2013-2021 Housing Element on July 7, 2021.

In accordance with Government Code Section 65589.7 as revised in 2005, the City delivered the adopted Housing Element to the Mission Springs Water District and the Coachella Valley Water District.

The Mission Springs Water District (MSWD) is the primary water service provider in Desert Hot Springs. The District’s service area encompasses 135 square miles including the City of Desert Hot Springs, 10 smaller communities in Riverside County, and communities in the City of Palm Springs.

Government Code Section 65589.7(a) requires:
§ Each public agency or private entity providing water or sewer services shall grant a priority for the provision of these services to proposed developments that include housing units affordable to lower income households.
§ A public agency or private entity providing water or sewer services shall adopt written policies and procedures, not later than July 1, 2006, and at least once every five years thereafter, with specific objective standards for provision of services in conformance with this section
The two Districts are currently updating their Master Plans. The City staff has transmitted to the Districts the RHNA, draft Sites Inventory, and the locations of the lower income housing sites.

The City staff has informed the Districts that they are available to assist in the preparation of policies and procedures.

Program 9 was effective.

PROGRAM 10: SB 35 STREAMLINING INFORMATION
SB 35 requires cities and counties to streamline review and approval of eligible affordable housing projects by providing a ministerial approval process, exempting such projects from environmental review under the California Environmental Quality Act (CEQA). The City has not received any SB 35 development applications or inquiries. To accommodate any future

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SB 35 applications or inquiries, the City will create and make available to interested parties an informational packet that explains the SB 35 streamlining provisions in Desert Hot Springs and provides SB 35 eligibility information.

Although the information packet was to be available by December 2020, it has not been prepared. The staff is planning to complete the information packet by December 2021.

The Community Development Department has been understaffed for 12 months. During this time the Director position has been filled for a period of only eight weeks. The less than full staffing has hindered the implementation of this and other programs.

For the reasons stated above, Program 10 was not effective.

PROGRAM 11: CODE ENFORCEMENT
Code enforcement is an important tool for maintaining the quality of residential neighborhoods. The City’s Code Enforcement Program involves the enforcement of all Municipal Codes and Ordinances, various State and local laws and health and Safety regulations as they relate to conditions or activity within the City. The primary method that the City uses to obtain code compliance is Voluntary Compliance. If this method does not attain compliance, then other actions are taken such as a Notice of Violation and Administrative Citation.

This program was implemented as the City continued to provide inspection services throughout the 5th Cycle planning period.

Program 11 was effective.

PROGRAM 12: HOUSING REPAIR AND REHABILITATION PROGRAMS
City residents and projects are eligible for two County funded programs:
§ Home Repair Loan Program (HRLP)
§ Senior Home Repair Grant (Program SHRG)
During the past eight years, the City continued to cooperate with the County in program implementation efforts. However, the targeted marketing program has not been completed.

City staff plans to complete the targeted marketing program by December 2021.

Contingent on funding availability, the program objective was to assist 10 households annually or 80 over an eight-year period. The objective is overly ambitious given the CDBG funding the County allocates to the program. The County’s annual goal ranges between 22 and 25 rehabilitated homes or less than 200 over an eight-year period. As noted earlier, the County’s service area includes the unincorporated area and 13 cities.

Program 12 was not effective.

The 2021-2029 Housing Element revised the objective to eight homes during the 2021-2029 planning period.

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PROGRAM 13: ABANDONED RESIDENTIAL PROPERTY REGISTRATION In 2008, the City Council adopted an ordinance establishing an Abandoned Residential Property Registration to address the negative impact of foreclosures on the community. The program requires lenders to maintain homes they seize, register the abandoned properties with the City, and hire local property management firms to prevent vacant homes from becoming neglected. While foreclosures in the City have dropped substantially from a high of 452 homes in 2010, to 28 homes in 2018. The City will continue overseeing the Abandoned Residential Property Registration Program as it prevents the City’s Code Enforcement department from spending limited resources to act as the property manager.

The program has been continuously implemented since 2008. By holding property owners and managers accountable for maintaining vacant homes in compliance with City standards, the program prevents negative impacts on the community such as squatting, maintains adequate housing and community conditions, and prevents loss of housing stock due to dilapidation. This program indirectly benefits special needs populations by maintaining the City’s housing stock and opportunities.

PROGRAM 14: AT-RISK HOUSING MONITORING
Housing Element law requires jurisdictions to provide an analysis and program for preserving the affordability of assisted housing developments at risk of converting to market rate housing. . Based on City records and information from the California Housing Partnership Corporation, in the next 10 years no assisted housing developments in Desert Hot Springs are at risk of losing their affordability status.

Although the City has not identified any housing units at risk of converting to market rate during the planning period, City staff will monitor the status of existing and future affordable housing.

Should any of the properties become at risk of converting to market rate, the City will work with property owners, interest groups, and the State and federal governments to conserve the affordable housing stock.

During the 2013-2021 period, the City monitored the nine affordable rental developments.

None of the developments are at risk of converting to market rate housing on or before 2031.

The program helps special needs populations by maintaining affordable housing supply and preventing loss of affordable rental units in the City.

Program 14 has been effective.

PROGRAM 15: FAIR HOUSING SERVICES
The City takes affirmative steps to promote fair housing practices by contracting the services of a non-profit organization to provide fair housing services in the City. The City works with the Fair Housing Council of Riverside County, Inc.(FHCRC) to provide fair housing services for residents and housing professionals.

The City will:
• Continue to refer cases and questions to the FHCRC for enforcement of prohibitions on discrimination in lending practices and in the sale or rental of housing. • Work to increase awareness of fair housing protections.

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• Make fair housing information available at City Hall, Chamber of Commerce, Senior Center, and the Public Library. The information will include brochures and other written information that will be obtained from the FHCRC. In addition, the City will make information available on its Website and provide links to additional resources.

The City has implemented the above three actions.

However, it should be noted that the “contract” is actually executed between the County and FHCRC. The City’s support for fair housing services and dissemination of relevant information and resources assists special needs populations in getting fair housing protections and avoiding or rectifying discrimination in housing processes.

PROGRAM 16: AFFIRMATIVELY FURTHER FAIR HOUSING
The City will promote and affirmatively further fair housing opportunities and promote housing for all persons including those protected by the California Fair Employment and Housing Act and any other state and federal fair housing and planning law. The City will:
• Provide equal access to housing for special needs residents such as people experiencing homelessness, elderly individuals, and persons with disabilities. • Promote the provisions of disabled-accessible units and housing for persons with mental and physical disabilities.
• Ensure that all development applications are considered, reviewed, and approved without prejudice to the proposed residents, contingent on the development application’s compliance with all entitlement requirements. • Accommodate persons with disabilities who seek reasonable waiver or modification of land use controls and/or development standards pursuant to procedures and criteria set forth in the Zoning Ordinance.
• Work with the County of Riverside to implement the Regional Analysis of Impediments to Fair Housing Choice and HUD consolidated plans.
• Facilitate public education and outreach by creating informational flyers on fair housing that will be made available at public counters, libraries, and on the City’s/County’s website.
• Conduct public meetings at suitable times, accessible to persons with disabilities, and near public transit. Resources will be invested to provide interpretation and translation services when requested at public meetings.
• Ensure environmental hazards are analyzed and abated before developing affordable housing.
• Prioritize community and stakeholder engagement during controversial development decisions in and around low-income neighborhoods.

As a matter of policy, the City implements all the actions listed above. However, the City has not yet created the fair housing informational flyers. The City’s policy implementation to affirmatively further fair housing opportunities directly benefits special needs populations by preventing and eliminating discrimination and providing equal access and additional assistance to persons with disabilities and language barriers.

Program 16 has been partially effective. To assist the large Hispanic population and residents with their housing needs, the City has hired a Development Director that is bilingual in English and Spanish to help remove any language or cultural barriers during housing processes.

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Moving forward, the City will expand bilingual assistance on housing and development processes, including translating relevant regulatory and other materials such as comments and reviews into Spanish and hosting bilingual workshops on pre-approved ADU building plans and construction classes. These measures are intended to address housing needs and burdens experienced by Hispanic residents, a majority group in the City.

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
September 6, 2022
Erick Becerril, Director
Community Development Department
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Dear Erick Becerril:

RE: Desert Hot Springs’ 6th Cycle (2021-2029) Revised Draft Housing Element Thank you for submitting the City of Desert Hot Springs’ (City) revised draft housing element received for review on July 28, 2022, along with revisions received on August 26, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on August 17, 2022, with you; Doria Wilms, Deputy City Manager; Jennifer Mizrahi, City Attorney; Patricia Villagomez, Principal Planner; and Nicole Criste, the City’s consultant. In addition, HCD considered comments from Inland County Legal Services pursuant to Government Code section 65585, subdivision (c).

The revised draft element, incorporating the revisions submitted, meets the statutory requirements of State Housing Element Law, as described in HCD’s February 16, 2022, review. The housing element will comply with State Housing Element Law (Article 10.6 of the Gov. Code) when it is adopted, submitted to, and approved by HCD, in accordance with Government Code section 65585.

For your information, pursuant to Senate Bill 197 (Chapter 70, Statutes of 2022), as the City did not adopt a compliant housing element within 120 days of the statutory deadline (October 15, 2021), the City’s adopted element must be found in compliance by October 15, 2022 to maintain its scheduled rezone deadline of October 2024 (Program

1.2). If the element is not found in compliance by October 15, 2022, HCD cannot find the element in compliance until the rezoning is complete.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate.

Erick Becerril, Director

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

HCD appreciates the hard work and dedication you and your staff provided in the preparation of the City’s housing element and looks forward to receiving the City’s adopted housing element. If you have any questions or need additional technical assistance, please contact Claire Sullivan-Halpern, of our staff, at Claire.Sullivan[email protected].

Sincerely,
Paul McDougall
Senior Program Manager

SENT VIA EMAIL ONLY
September 13, 2022
Erick Becerril ([email protected])
Community Development Director
City of Desert Hot Springs
11999 Palm Dr.

City of Desert Hot Springs, CA 92240
Re: City of Desert Hot Springs Draft Sixth Cycle Housing Element Dear Mr. Becerril,
We write to provide comments on the City’s Draft Sixth Cycle Housing Element, currently posted for review on the City’s website
(https://www.cityofdhs.org/draft-housing-element-6th-cycle/) (Draft). It is our understanding that this Draft revises the Subsequent Draft Sixth Cycle Housing Element that the City submitted to the Department of Housing and Community Development (HCD) on July 28, 2022. We previously provided comments to the City regarding substantive deficiencies in this draft during the public review period by letters of July 8 and July 19, 2022. Both letters are attached for ease of reference as Exhibit 1.

We appreciate that the City has made revisions that respond to some of our earlier comments. However, the Draft remains deficient in that: (1) its assessment of fair housing and programs to affirmatively further fair housing remain inadequate; (2) it does not justify its capacity projections for sites designated to accommodate the lower-income RHNA; and (3) it does not justify its projections regarding Site 9.

Realistic Capacity. The Draft relies heavily on mixed-used sites to accommodate the lower-income RHNA. However, the inventory of sites does not reflect a realistic capacity of the sites because it does not provide adequate justifications for its projected capacities or add programs to facilitate the development of affordable housing on mixed-use sites. Draft, C-16. Moreover, because the City has no history of affordable housing development on mixed-use sites, the Draft relies on affordable housing projects outside of the City to justify capacity. The Draft now adds a housing project in Coachella and states that all the cities within Coachella Valley “have similar residential densities and development patterns.” Draft, C-13 to C-14. However, the Draft only provides that the housing projects outside of the City average 25 units per acre. It fails to provide enough information on the affordable housing projects to determine whether development conditions were comparable to those in the City; it does not include information about zoning or land use designations, density bonuses or other incentives, or financial support from the cities where these projects were developed.

2 | Page
Affirmatively Furthering Fair Housing. The Draft continues to fail to provide an adequate assessment of fair housing. The Draft now acknowledges the City’s two census tracts designated as R/ECAPs and it includes more information about these two tracts, in accordance with HCD’s directive in its February findings to provide a comprehensive analysis. Draft, B-41 to B-46, B54, C-23 to C-24. However. the Draft only includes Program 5.9 to address the City’s R/ECAPs.

Program 5.9 commits the City to recruit residents to serve on the City’s boards, committees, task forces and other bodies. Draft, II-25. The program otherwise refers to Programs 4.1 and 4.2 and states that it will expand access to community meetings, by continuing to provide Spanish translation at Planning Commission and City Council meetings on request. Id. However, these programs are not significant and meaningful enough to overcome the fair housing issues within the City’s R/ECAPs. Moreover, the Draft asserts sites for all income levels are dispersed in Low and Moderate Resource areas. Draft, C-26. However, the City’s obligation is that lower-income RHNA sites must be distributed throughout the community in a manner that affirmatively furthers fair housing. The Draft concludes, without justification, that the distribution will encourage integrated living patterns and have a positive impact on any segregation patterns. The City should engage in a more robust analysis and include programs to improve access to opportunity for identified sites.

Site 9. The Draft adds an APN for the recently added Site 9, on which the City relies to accommodate 220 units of its lower-income RHNA. Draft, C-15. Table C-4 states that the size of the site is “9 out of 26.” Draft, C-14. Further, the City now states that it will “provide incentives for subdivision and development, including those incentives described above, as well as the waiver of application fees for the subdivision of the site to separate the 9 acres of R-H from the 17 acres of MU-C." Draft, II-9. However, it continues to fail to provide adequate analysis required for sites larger than 10 acres. Gov. Code, § 65583.2(c)(2)(B) because it fails to “demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site”, or provide other evidence.

We provide these comments to urge the City to correct the deficiencies in the City’s Sixth Cycle Housing Element to substantially comply with Housing Element Law, before re-adopting the element.

If you have any questions, please contact Maria T. Delgado by phone at 951-320-7515 or by email, or Melissa A. Morris by phone at 408-692-4320 or by email at [email protected].

Sincerely,
Maria T. Delgado Melissa A. Morris
INLAND COUNTIES LEGAL SERVICES, INC. PUBLIC INTEREST LAW PROJECT CC: Claire Sullivan Halpern ([email protected]) Jennifer Mizrahi ([email protected])

EXHIBIT 1

SENT VIA EMAIL ONLY
July 19, 2022

Erick Becerril ([email protected])
Community Development Director
City of Desert Hot Springs
11999 Palm Dr.

City of Desert Hot Springs, CA 92240
Re: City of Desert Hot Springs Draft Sixth Cycle Housing Element dated June 28, 2022
Dear Mr. Becerril,
We write to follow up on our July 8, 2022, comments on the City’s draft Sixth Cycle Housing Element. We realized after sending the letter that it included an error regarding the deadline for rezoning, as recently amended by SB 197(2022).

If the City adopts a Sixth Cycle Housing Element and HCD finds that adopted Housing Element in compliance with Housing Element Law by October 15, 2022, then the City has three years and 120 days from the statutory deadline—or until February 12, 2025—to complete the rezoning. See Gov. Code 65583.4. However, if HCD has not found the adopted Housing Element in compliance by October 15, 2022, then the rezone deadline remains October 15, 2022, and the City will remain out of compliance until the rezoning is completed. Because this rezoning is necessary to comply with Housing Element Law and important for meeting the City’s affordable housing needs, we continue to urge the City to amend Program

1.2 to require the City to complete the rezoning by October 25, 2024, or by one year of adoption of the Housing Element, whichever is sooner.

If you have any questions or would like to discuss our comments, you may contact Maria Delgado by phone at 951-320-7515 or by email at [email protected], or Melissa A. Morris by phone at 408-692-4320 or by email at [email protected].

Sincerely,

Maria Delgado
CC: Jennifer Mizrahi ([email protected]), City Attorney Divya Ram ([email protected]), California Department of Housing and Community Development

SENT VIA EMAIL ONLY
July 8, 2022
Erick Becerril ([email protected])
Community Development Director
City of Desert Hot Springs
11999 Palm Dr.

City of Desert Hot Springs, CA 92240
Re: City of Desert Hot Springs Draft Sixth Cycle Housing Element dated June 28, 2022
Dear Mr. Becerril,
Inland Counties Legal Services, Inc. (ICLS) and the Public Interest Law Project (PILP) write to provide comments on the City of Desert Hot Springs’s Draft Sixth Cycle Housing Element dated June 28, 2022 (June Draft). On February 16, 2022 the California Department of Housing and Community Development issued a letter of findings (HCD’s February findings), determining that the City’s Sixth Cycle Housing Element adopted on November 2, 2021 did not comply with Housing Element Law. HCD’s February findings outlined the necessary revisions the City must make to comply with Housing Element law. We have identified further deficiencies in the June Draft as described below.

I. The June Draft does not identify adequate sites to accommodate the City’s Sixth Cycle RHNA.

HCD’s Sites Inventory Form. The City does not utilize HCD’s mandatory sites inventory form. HCD’s February findings, and in our prior comment letters, indicate that the City did not utilize, and is required to utilize HCD’s mandatory form, and its accompanying analysis do not demonstrate adequate sites to accommodate the City’s Sixth Cycle RHNA. See HCD’s February Findings, 3; Gov. Code § 65583.3(b).

Vacant Sites Identified in Prior Cycles. The Draft now provides that all the vacant sites to accommodate the lower-income RHNA, listed in Tables C-4 and C-5, have been identified in the previous two housing element cycles. June Draft, C-13. These sites may not be counted towards the lower-income RHNA unless:
(1) the sites are zoned at the “default” densities presumed adequate in section 65583.2 (c)(3), and (2) the “site is subject to a program in the housing element requiring rezoning within three years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households.” Gov. Code §

2 | Page
65583.2(c). The Draft provides that the City shall rezone to allow residential use by right under the R-H and MU-C zones, and require at least 20% of the units are affordable to lower-income housing within three years of adoption of the 2021-2029 Housing Element. June Draft, II-4.

However, Government Code section 65583.2(c) requires that such sites be rezoned “within three years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households.” (Emphasis added.) Three years from the beginning of the planning period is October 15, 2024; three years from adoption of this new draft will be many months—possibly more than a year—after the statutory deadline. Additionally, if the City has not adopted a Sixth Cycle Housing Element that HCD has found in compliance with Housing Element Law by October 15, 2022, then all rezoning to accommodate the lower-income RHNA must be completed within one year of adoption. Gov. Code §§ 65583(c)(1), 65583.4. Accordingly, the City should revise Program 1.2 to ensure that it requires rezoning to occur by October 15, 2024, or within one year of adoption of the Housing Element, whichever is sooner.

Realistic Capacity. The Draft acknowledges that there is no development history to demonstrate the likelihood that the mixed-use sites will develop as affordable housing. June Draft, C-15. The Draft does not consider the likelihood of nonresidential development or add programs to facilitate the development of affordable housing on mixed-use sites; instead it increases the capacity projections for the R-H zoned sites in Table C-4 from 20 du/acre to 25 du/acre. June Draft, C-14. However, to justify the new projected capacities, the Draft relies on affordable housing projects in other cities: Palm Springs, Palm Desert, La Quinta, and Indio because there are no housing projects within Desert Hot Springs. June Draft, C-13. The Draft does not indicate what the zoning or land use designations for these projects were, whether they utilized density bonuses, or whether they received other incentives or financial support from the cities where they developed. That a project developed at a particular density in one city is no indication that projects at the same density in another city, especially without any information to indicate that development conditions in the two cities are comparable. Additionally, the fact that the Draft provides no examples of projects within Desert Hot Springs that developed at or near 25 du/acre suggests that its projections for the R-H zone are unrealistic. The Draft references a Site 9, which is zoned partially MU-C and partially R-H but is not included in Table C-4 or C-5. However, the Draft does not include an APN for that site, nor does it include a map of Site 9.1 Additionally, the Draft indicates that Site 9 is 26 acres but does not engage in the analysis required by Government Code section 65583.2(c)(2)(B) (sites larger than 10 acres).

Because the Draft’s site identification and analysis do not support the City’s conclusion that it has adequate sites to accommodate its lower-income RHNA, the City must identify additional sites with additional capacity, adopt programs to rezone sites and otherwise facilitate development of affordable housing, or both.
1 Exhibit C-3: Locations of Lower Income R-H Zoned Sites map is blank.

3 | Page
II. The June Draft’s assessment of fair housing is inadequate.

The City’s adopted Sixth Cycle Housing Element provided that the City does not have racially and ethnically concentrated areas of poverty (R/ECAPs), despite HCD’s February findings indicating that there are two Census tracts in the City have been identified as R/ECAPs. HCD’s February Findings, 2; see also ICLS comment letters of January 13, 2022 and October 5, 2021.

Rather than engaging in analysis regarding R/ECAPs and the actions necessary to address segregation of the City’s low-income Latinx residents, the Draft challenges HUD’s and HCD’s identification of Census tracts 445.07 and 445.09 as out-of-date. At the same time, the Draft acknowledges that these are areas of high segregation and poverty. The Housing Element should engage in comprehensive analysis and mapping of sites relative to these and other areas of high segregation and poverty and, to the extent that identified sites are in existing areas of high segregation and poverty, the Housing Element should include programs to improve conditions and access to opportunity in those areas, and to prevent displacement of existing residents by new above-moderate income housing.

III. The June Draft does not adequately analyze constraints to the development of affordable housing, nor to the development of housing for people with disabilities.

The Draft adds information about the City’s reasonable accommodation process and states that the Planning Commission is the final reviewing authority for development permits. However, the Draft does not describe and analyze permit processing procedures and typical timelines, as instructed by HCD’s February findings. June Draft, D-14; HCD’s February Findings, 4. The Housing Element should include thorough analysis and, if necessary, programs to remove identified constraints to the development of affordable housing and housing for people with disabilities.

IV. The June Draft’s programs remain inadequate.

The Draft adds two programs: Program 5.7 Bilingual Assistance on Development and Housing Processes and Program 5.8 Accessibility of Development and Housing Processes. June Draft, II23. Program 5.7 commits to provide translation for housing and development processes requires the City to establish the processes by December 2022. Program 5.8 commits to host workshops on housing and development processes and develop a schedule by December 2022. June Draft, II-24. However, the City is required to engage the community in the housing development processes prior to the adoption of its housing element, and make the process accessible.

Moreover, HCD instructed the City to amend its programs regarding ELI housing and to consider comments previously submitted by ICLS. HCD’s February Findings, 4. The current Draft does not address HCD’s directive. The Draft updated Program 2.4 to include that “the City will commit to facilitate the development of 200 affordable housing units, which is 10% of the Lift to Rise’s regional goal, with a focus on units affordable to ELI households”, but the Draft does not explain how it will facilitate the development. June Draft, II-10.

4 | Page
Conclusion
While the City had made further revisions, the City’s Draft Housing Element dated June 28, 2022 does not substantially comply with Housing Element Law.

If you have any questions or would like to discuss our comments, you may contact Maria T.

Delgado by phone at 951-320-7515 or by email at [email protected], or Melissa A. Morris by phone at 408-692-4320 or by email at [email protected].

Sincerely,
Maria T. Delgado
INLAND COUNTIES LEGAL SERVICES, INC.

Melissa A. Morris

PUBLIC INTEREST LAW PROJECT
CC: Jennifer Mizrahi ([email protected]), City Attorney Divya Ram ([email protected]), California Department of Housing and Community Development

RESOLUTION NO. 2022-______
A RESOLUTION OF THE CITY COUNCIL TO 1) FIND THE CITY’S

PREVIOUS DETERMINATION THAT THE PROJECT (THE HOUSING
ELEMENT FOR THE 6TH CYCLE) IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT STANDS, BECAUSE THE

AMENDMENTS WILL NOT CHANGE THE REASONS FOR THE
EXEMPTION, WHICH ARE OUTLINED IN THE RESOLUTION; 2)

ADOPT THE AMENDMENTS TO THE HOUSING ELEMENT FOR THE
6 TH CYCLE (2021-2029), AND 3) DIRECT STAFF TO PROVIDE THE AMENDED HOUSING ELEMENT FOR THE 6TH CYCLE TO THE

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
(HCD)
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, after a duly noticed public hearing, on May 26, 2020, the City Council adopted and approved a General Plan Update and an amendment to the General Plan Land Use Map to update the General Plan and re-designate several properties in the City, GPA 20-1 (the “General Plan Amendment”); and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code Sections 21000, et seq., and its implementing regulations, California Code of Regulations Section 15000, et seq., (“CEQA Guidelines”), the City, acting as Lead Agency, reviewed and certified a draft Environmental Impact Report (State Clearinghouse number 2019080101) prepared for the proposed General Plan Amendment; and
WHEREAS, as part of the General Plan, the City adopted its Housing Element for the Fifth Cycle; and
WHEREAS, on July 7, 2020, the City adopted its 4-year Revision to the Fifth Cycle; and
WHEREAS, on July 7, 2020, the City complied with CEQA in adopting an Initial Study and Mitigated Negative Declaration for the 4-year Revisions to the Fifth Cycle; and
WHEREAS, on June 8, 2021, the City of Desert Hot Springs Planning Commission held a public community meeting, and
WHEREAS, such community meeting was advertised on the City’s website, the City’s Facebook page, registered mailed notices sent to 10 pro-housing groups as clearly specified in the Fifth Cycle Garcia Settlement Agreement for case number PSC1807458; and
WHEREAS, all notifications mentioned above were provided in English and Spanish, including Facebook postings and City website notifications; and

WHEREAS, in such community meeting there was Spanish translation provided by City Staff for those who needed such translation; and WHEREAS, on June 8, 2021, the Planning Commission directed Staff to hold a second community meeting and then recommended that the City Council review; and WHEREAS, on Saturday July 24, 2021, the City held a second community meeting, as directed by the Planning Commission; and
WHEREAS, at the second community meeting, both a Fair Housing Consultant and a representative from Lift to Rise were in attendance to answer questions and to provide input; and
WHEREAS, again, such second community meeting was advertised on the City’s website, the City’s Facebook page, registered mailed notices sent to 10 pro-housing groups as clearly specified in the Garcia Settlement Agreement for case number PSC1807458; and
WHEREAS, on October 20, 2021, the Planning Commission held a public hearing on the Project; and
WHEREAS, such public hearing was advertised on the City’s website, the City’s Facebook page, registered mailed notices sent to 10 pro-housing groups as clearly specified in the Garcia Settlement Agreement for case number PSC1807458; and WHEREAS, at such Planning Commission public hearing on October 20, 2021, no persons testified in opposition of the Project; and
WHEREAS, at such Planning Commission public hearing on October 20, 2021, the Planning Commission voted unanimously in favor of recommending the Project and adopted a Planning Commission Resolution to do so; and
WHEREAS, all notifications mentioned above were provided in English and Spanish, including Facebook postings and City website notifications; and WHEREAS, the adoption of the Sixth Cycle of the Housing Element is required under law (“Project”); and
WHEREAS, on November 2, 2021, the City Council adopted the Housing Element for the 6th Cycle (2021-2029) and staff transmitted the adopted document to the Department of Housing and Community Development (HCD) for its review; and
WHEREAS, on February 16, 2022 HCD responded to the submittal, and provided additional comments on changes which it required in order to find the document compliant with Government Code; and
WHEREAS, on March 23, 2022, City staff met with HCD to review the February 16 letter, and received input on the language and information that HCD wanted to see added to the Housing Element. At that same time, the City’s

consultant terminated its contract with the City, and staff hired a new consultant to complete the work; and
WHEREAS, a public comment period was provided in July of 2022, when the City posted its revised element for review on its website. At that time, the City sent email notices, with the Draft Housing Element attached, to all of the stakeholders and all parties who had requested notices, as well as announcements on its social media pages. The Housing Element was posted and emails sent on June 29th, 2022, with a request for comments by July 8, 2022; and
WHEREAS, on July 19th, 2022, the City received one comment letter from ICLS, which asserted that the City had not responded to HCD’s or its previous comments. The Housing Element was corrected to add the parcel number for site #9 in the inventory and to clarify that sites listed in previous inventories are zoned to permit multi-family housing by right at densities required by law; and WHEREAS, on July 28, 2022, the revised Housing Element was submitted to HCD for review. HCD had 60 days to comment, the Department contacted the City on August 4, 2022, to request a meeting to review the changes. At that meeting, minor additional changes were requested by HCD, which the City completed on August 26th and re-submitted to HCD for informal review; and WHEREAS, on September 6, 2022, HCD provided the City with a “conditional certification” letter; and
WHEREAS, the City of Desert Hot Springs provided an additional comment period for the amended Draft 6th Cycle Housing Element which opened September 7th, 2022, and closed September 14th, 2022; and
WHEREAS, the City of Desert Hot Springs received one comment letter on September 13th, 2022, from Inland Counties Legal Services; and WHEREAS, the Housing Element has remained on the City’s website, and available for review and comment by the public since September 7th, 2022; and WHEREAS, the adoption of the Sixth Cycle of the Housing Element is required by law; and
WHEREAS, on October 10, 2022, after a duly noticed public hearing the Planning Commission adopted a Resolution to recommend approval of the Project; and WHEREAS, the Project was properly noticed in a newspaper of general circulation; and
WHEREAS, the City Council held a duly noticed public hearing for the Project; and
WHEREAS, the City Council finds that this Resolution would promote the public interest, health, safety, convenience, or welfare of the City

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Desert Hot Springs as follows:

Section 1. RECITALS
That the foregoing recitals are true and correct and are herein adopted by this reference.

Section 2. CEQA FINDINGS
The City Council finds as follows:

1. The Project is exempt from the CEQA guidelines14 Cal. Code. Regs Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Resolution in question may have a significant effect on the environment as set forth in Section 21080.17 of the Public Resources Code.” The Project involves policies, programs, and actions to meet the City’s RHNA allocation that either would not cause a significant effect on the environment or incorporates actions that have already been taken by the City pursuant to General Plan Amendment, as defined below. As a matter of fact, the City’s fair share of the Regional Housing Need for the 2021-2029 period is much lower than the previous period: the current need for the Sixth Cycle is 3,873 units, which is much lower than the previous cycle’s housing needs which was 7,459 units. Instead, due to the lower number of the City’s fair share of the Regional Housing Need for the 2021-2029 period, proposed impacts are much lower than those that were previously analyzed. Based on these factors, it can be seen with certainty that there is no possibility that the proposed Sixth Cycle Housing Element would have a significant effect on the environment; therefore, the Sixth Cycle Housing Element is exempt from CEQA under the common sense exemption.

2. The Project is exempt pursuant to 14 Cal. Code. Regs Section 15162(a) of the CEQA Guidelines, once an EIR has been certified, no subsequent environmental review needs to be completed unless there are substantial changes in the project that warrant additional review. After a duly noticed public hearing, on May 26, 2020, the City Council adopted and approved a General Plan Amendment. Pursuant to the CEQA, Public Resources Code Sections 21000, et seq., and its implementing regulations, California Code of Regulations Section 15000, et seq., the City, acting as Lead Agency, reviewed and certified a draft Environmental Impact Report (State Clearinghouse number 2019080101) prepared for the proposed General Plan Amendment and determined that, following the implementation of certain mitigated measures. As a matter of fact, the City’s fair share of the Regional Housing Need for the 2021-2029 period is much lower than the previous period: the current need for the Sixth Cycle is 3,873 units, which is much lower than the previous cycle’s housing needs which was 7,459 units.

Instead, due to the lower number of the City’s fair share of the Regional Housing Need for the 2021-2029 period, proposed impacts are much lower than those that were previously analyzed. The Fifth Cycle Housing Element was part of the environmental review and EIR process for the General Plan.

For this Project, the Sixth Cycle there are no substantial changes that warrant additional review.

3. To the extent the Regional Housing Needs determinations are made, the Project is further exempt from the California Environmental Quality Act (“CEQA”) guidelines14 Cal. Code. Regs Section 15283, which provides, “CEQA does not apply to regional housing needs determinations made by the Department of Housing and Community Development, a council of governments, or a city or county pursuant to Section 65584 of the Government Code.”
Section 3. GENERAL PLAN CONSISTENCY FINDINGS
The City Council finds the Project is:

A. Internally consistent with the General Plan;
B. Would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Section 4. ADOPTION
That the City Council 1) finds the Housing Element for the Sixth Cycle (2021- 2029) project exempt under the California Environmental Quality Act, 2) adopts the Housing Element for the Sixth Cycle (2021-2029) and 3) directs staff to mail the Housing Element for the Sixth Cycle to the Department of Housing and Community Development.

Section 5. SEVERABILITY
That should any provision, section, paragraph, sentence or word of this resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

Section 6. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this Resolution are hereby repealed.

Section 7. CERTIFICATION
That the City Clerk shall certify to the passage of this Resolution and shall cause the same to be published according to law.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the 1st day of November, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Scott Matas, Mayor
ATTEST:
________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
________________________________
Jennifer A. Mizrahi, City Attorney

SR-22-235
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: November 1, 2022
Department: Community Development
Prepared by: Erick Becerril, Community Development Director Subject: Adoption of 2022 Building and Fire Codes
RECOMMENDATION:

Approve Second Readings, read by title only and adopt:

A) “An Ordinance of the City Council of the City of Desert Hot Springs amending Title 15 “Buildings and Construction” of the Desert Hot Springs Municipal Code to adopt the 2022 edition of the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Green Building Standards Code, California Referenced Standards Code, International Property Maintenance Code, and to adopt local revisions to those Codes with selected appendices and amendments; AND
B) “An Ordinance of the City Council of the City of Desert Hot Springs, amending Chapter 15.22 “California Fire Code” of Title 15 “Buildings and Construction” of the Desert Hot Springs Municipal Code to adopt the 2022 edition of the California Fire Code with selected appendices and amendments.

BACKGROUND:

The California Building Standards Code (“BSC”), which is set forth in Title 24 of the California Code of Regulations, is a compilation of building standards, including the California Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code, and others. Each of these codes are based on corresponding national or uniform model code standards.

The BSC is updated by the State of California on a triennial basis, and the 2022 Edition of the BSC was published on July 1, 2022, with an effective date of January 1, 2023. The BSC applies throughout California, and each “Part” of the BSC constitutes a separate California Code. The City may adopt by SR-22-235 reference the BSC along with amendments, provided the amendments are based on findings that the amendments are necessary due to local climatic, topographic or geological conditions (Cal. Health & Safety Code §§ 17958, 17958.5, 17958.7, 18941.5.).

Amendments are not effective until a copy of the findings, together with the amendments that are expressly marked and identified, are filed with the California Building Standards Commission (Cal Health & Safety Code §§17958.7, 18941.5).

SR-22-235
If the City does not make amendments to the BSC, its provisions, without amendment, will become applicable to the City and will become effective 180 days after publication by the California Building Standards Commission (Cal. Health & Safety Code §17958).

Title 15 of the Desert Hot Springs Municipal Code (DHSMC) currently references the 2019 edition of the various building codes. The adoption of the most recent building codes will update the Municipal Code and ensure that all building life safety measures and standards are implemented.

DISCUSSION:

The City’s Building Official is recommending adoption of the 2022 Edition of the BSC with no amendments.

The City’s Fire Officials are recommending certain fire amendments as listed in the attached exhibit due to specific regional conditions.

In order to adopt the 2022 Edition of the BSC and all recommended fire amendments, Staff has drafted two ordinances, one for building codes, and one for fire codes. If enacted, these ordinances will take effect on the same date as the 2022 Edition of the BSC on January 1, 2023.

Building Code Ordinance
The first proposed ordinance seek to adopt the following 2022 editions of the BSC:

1. Building Code

2. Residential Code

3. Electrical Code

4. Mechanical Code

5. Plumbing Code

6. Energy Code

7. Historical Building Code

8. Existing Building Code

9. Green Building Standards Code

10. Referenced Standards Code
The above-referenced codes are being adopted without substantive changes. As a result, no findings are required to make the local amendments.

In addition, this proposed ordinance adopts the 2022 International Property Maintenance Code, which is a non-BSC code. The International Property Maintenance Code provides additional standards that are useful for the Code Compliance Division to apply, especially in areas of blight, ventilation, plumbing, mechanical, and electrical requirements. Since this code is not part of the BSC, no findings are required for any local amendments.

Fire Code Ordinance
Staff has worked with the City’s Fire Officials to develop a second ordinance, the main purpose of which is to adopt the 2022 California Fire Code, subject to local amendments that are more stringent than the State-adopted standards.

SR-22-235
As a result, findings based on local climatic, topographical, or geographical conditions are necessary to support the amendments, these findings are listed in the ordinance. The local amendments are necessitated by the conditions of the City, including but not limited to long periods of high temperatures, strong winds, proximity to fault lines, and road circulation.

Click HERE to view the 2022 BSC which includes the Fire Code found in Chapter 9 FISCAL IMPACT:

None.

ENVIRONMENTAL ANALYSIS:

The adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment.

ATTACHMENTS:

Exhibit 1 - Building Code Ordinance
Exhibit 2 - Fire Code Ordinance
Exhibit 3 - Building Code Changes

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS AMENDING TITLE 15 “BUILDINGS AND
CONSTRUCTION” OF THE DESERT HOT SPRINGS MUNICIPAL
CODE TO ADOPT THE 2022 EDITION OF THE CALIFORNIA BUILDING

CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA

ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE,

CALIFORNIA PLUMBING CODE, CALIFORNIA ENERGY CODE,

CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA EXISTING

BUILDING CODE, CALIFORNIA GREEN BUILDING STANDARDS

CODE, CALIFORNIA REFERENCED STANDARDS CODE,

INTERNATIONAL PROPERTY MAINTENANCE CODE, AND TO ADOPT

LOCAL REVISIONS TO THOSE CODES WITH SELECTED
APPENDICES AND AMENDMENTS.

WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, California Health and Safety Code Section 18938 provides that triennial edition of the California Building Standards Code, as adopted by the California Building Standards Commission, shall apply to all occupancies throughout the state of California; and
WHEREAS, pursuant to California Health and Safety Code Section 17922, the California Building Standards Code must be adopted by reference; and WHEREAS, pursuant to California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5, cities and counties may make modifications or changes in the requirements contained in the California Building Standards Code subject to findings that the changes or modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, the City Council is authorized, pursuant to Section 50022.2 et seq. of the California Government Code, to adopt ordinances and codes of the Federal, State, or any agency by reference in whole or in part, and the primary code may adopt by reference a secondary code in whole or in part; and
WHEREAS, the City Council finds that local amendments of the California Building Standards Code are administrative in nature and not substantive changes that would otherwise require findings based on local climatic, geological, or topographical conditions; and
WHEREAS, the City Council finds that adoption of the California Building Standards Code, as locally amended, is in the best interest of the public health, safety and welfare of the residents of the City; and
WHEREAS, the City Council finds that the adoption of this ordinance is categorically exempt from environmental review under the California Environmental

Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Desert Hot Springs as follows:

Section 1. RECITALS
That the foregoing recitals are true and correct and are herein adopted by this reference.

Section 2. AMENDMENT OF CHAPTER 15.04 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.04 (“Building Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.04 BUILDING CODE

15.04.010 Adoption of 2019 2022 California Building Code.

Except as otherwise provided in this chapter, the California Building Code, Title 24, California Code of Regulations, Part 2, Volumes 1 and 2, including, Appendix C, “Group U-Agricultural Buildings,” Appendix F “Rodent Proofing,” Appendix I “Patio Covers,” and Appendix J “Grading,” is hereby adopted by this reference as the Code for the City for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the City providing for the issuance of permits and collection of fees therefor; and each and all of the amendments to such Building Code as may hereafter be adopted by the State of California shall be made a part of this chapter without further action by the City Council.

15.04.020 Amendments to the California Building Code.

The Building Code is amended in part as follows:

Chapter 18: SOILS AND FOUNDATIONS, Section 1801.1 is amended to add:
“Where relevant to grading, drainage and soil investigation, ‘Building Official’ shall also mean and include City Engineer/Director of Public Works or his/her designee.” Appendix “J” GRADING, Section J103.1 is amended by adding:
“Wherever the word ‘Building Official’ is used, it shall also mean and include City Engineer/Director of Public Works or his/her designee.”

15.04.030 Violation—Penalty.

Violation of the provisions of this chapter or failure to comply with any of the requirements of the Building Code is a public nuisance and punishable as an infraction.

Section 3. AMENDMENT OF CHAPTER 15.08 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.08 (“Residential Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.08 RESIDENTIAL CODE

15.08.010 Adoption of 2019 2022 California Residential Code.

Except as otherwise provided in this chapter, the California Residential Code, Title 24 California Code of Regulations, Part 2.5, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Residential Code.

15.08.020 Violation—Penalty.

Violation of the provisions of this chapter or failure to comply with any of the requirements of the Residential Code is a public nuisance and punishable as an infraction.

Section 4. AMENDMENT OF CHAPTER 15.10 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.10 (“Electrical Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.10 ELECTRICAL CODE

15.10.010 Adoption of 2019 2022 California Electrical Code.

Except as otherwise provided in this chapter, the California Electrical Code, Title 24, California Code of Regulations, Part 3, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Electrical Code.

15.10.020 Violation—Penalty.

A. Violation of the provisions of this chapter or failure to comply with any of the requirements of the Electrical Code is a public nuisance and punishable as an infraction.

B. It shall be a violation of this chapter, punishable as an infraction, for any person, firm or corporation to make connection from a source of electrical energy to an installation for which a permit is required, unless such person, firm or corporation has obtained a certificate of approval from the building inspector that such wiring devices, appliances or equipment are in conformity with all the requirements of this code.

Section 5. AMENDMENT OF CHAPTER 15.12 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.12 (“Mechanical Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.12 MECHANICAL CODE

15.12.010 Adoption of 2019 2022 California Mechanical Code.

Except as otherwise provided in this chapter, the California Mechanical Code, Title 24, California Code of Regulations, Part 4, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the Mechanical Code of the City.

15.12.020 Violation—Penalty.

Violation of the provisions of this chapter or failure to comply with any of the requirements of the Mechanical Code is a public nuisance and punishable as an infraction.

Section 6. AMENDMENT OF CHAPTER 15.14 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.14 (“Plumbing Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.14 PLUMBING CODE

15.14.010 Adoption of California 2019 2022 Plumbing Code.

Except as otherwise provided in this chapter, the California Plumbing Code, Title 24, California Code of Regulations, Part 5, including any and all amendments thereto

that may hereafter be made and adopted by the State of California, is hereby adopted as the Plumbing Code of the City.

15.14.020 Violation—Penalty.

Violation of the provisions of this chapter or failure to comply with any of the requirements of the Plumbing Code is a public nuisance and punishable as an infraction.

Section 7. AMENDMENT OF CHAPTER 15.16 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.16 (“Energy Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.16 ENERGY CODE

15.16.010 Adoption of 2019 2022 California Energy Code.

Except as otherwise provided in this chapter, the California Energy Code, Title 24, California Code of Regulations, Part 6, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Energy Code.

15.16.020 Violation—Penalty.

Violation of the provisions of this chapter or failure to comply with any of the requirements of the Energy Code is a public nuisance and punishable as an infraction.

Section 8. AMENDMENT OF CHAPTER 15.20 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.20 (“Historical Building Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.20 HISTORICAL BUILDING CODE

15.20.010 Adoption of 2019 2022 California Historical Building Code.

Except as otherwise provided in this chapter, the California Historical Building Code, Title 24, California Code of Regulations, Part 8, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Historical Building Code.

15.20.020 Violation—Penalty.

Violation of the provisions of this chapter or failure to comply with any of the requirements of the Historical Building Code is a public nuisance and punishable as an infraction.

Section 9. AMENDMENT OF CHAPTER 15.24 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.24 (“Existing Building Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.24 EXISTING BUILDING CODE

15.24.010 Adoption of 2019 2022 California Existing Building Code.

Except as otherwise provided in this chapter, the California Existing Building Code, Title 24, California Code of Regulations, Part 10, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Existing Building Code.

15.24.020 Violation—Penalty.

Violation of the provisions of this chapter or failure to comply with any of the requirements of the Existing Building Code is a public nuisance and punishable as an infraction.

Section 10. AMENDMENT OF CHAPTER 15.26 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.26 (“Green Building Standards Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.26 GREEN BUILDING STANDARDS CODE

15.26.010 Adoption of 2019 2022 California Green Building Standards Code.

Except as otherwise provided in this chapter, the California Green Building Standards Code, Title 24, California Code of Regulations, Part 11, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Green Building Code.

15.26.020 Violation—Penalty.

Violation of the provisions of this chapter or failure to comply with any of the requirements of the Green Building Code is a public nuisance and punishable as an infraction.

Section 11. AMENDMENT OF CHAPTER 15.28 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.28 (“California Referenced Standards Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.28 CALIFORNIA REFERENCED STANDARDS CODE

15.28.010 Adoption of 2019 2022 California Referenced Standards Code.

Except as otherwise provided in this chapter, the California Referenced Standards Code, Title 24, California Code of Regulations, Part 12, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Referenced Standards Code.

Section 12. AMENDMENT OF CHAPTER 15.44 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.44 (“International Property Maintenance Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.44 INTERNATIONAL PROPERTY MAINTENANCE CODE

15.44.010 Incorporation by reference.

A. Except for the local amendments set forth herein, there is adopted by reference the International Property Maintenance Code 2018 2021 Edition. A copy of the International Property Maintenance Code together with the local amendments is on file with the Code Compliance Division.

B. The International Property Maintenance Code, 2018 2021 Edition (hereinafter “IPMC”) together with the amendments set forth in this chapter shall regulate and govern the conditions and maintenance of all property, buildings and structures within the City.

15.44.020 Modifications, amendments, and deletions of the International Property Maintenance Code.

A. Chapter 1, Scope and Administration, of the IPMC is modified by adding, deleting or amending the following provisions:

1. Section 103 is deleted entirely.

2. Section 104 is deleted entirely.

3. Section 105 is deleted entirely.

4. Section 106 is deleted entirely.

5. Section 107 is deleted entirely.

6. Section 108 is deleted entirely.

7. Section 109 is deleted entirely.

8. Section 110 is deleted entirely.
6 9. Sections 111.4 through 111.6 is are deleted entirely. Section 113.2 shall read: “Notices and orders shall comply with Title 4 of this code.” The remaining provisions are incorporated without change.

7. Section 112 is deleted entirely.

B. Section 202 of Chapter 2, Definitions, of the IPMC is amended as follows:

1. CODE OFFICIAL. The City of Desert Hot Springs Code Compliance Manager or designee who is charged with the administration and enforcement of this code.

C. Chapter 3, General Requirements, of the IPMC is modified by adding, deleting or amending the following provisions:

1. Section 302.8 is deleted entirely.

2. Section 302.9 is deleted entirely.

D. Chapter 7, Fire Safety Requirements, of the IPMC is modified by adding, deleting or amending the following provisions:

1. Chapter 7 is deleted, except as to Section 704 and Section 705.

E. Appendix A, Boarding Standards, is deleted entirely.

F. Appendix B, Board of Appeals, is deleted entirely.

15.44.030 Violation—Penalty.

Violations of the provisions of this chapter or the IPMC are a public nuisance and punishable as an infraction.

Section 13. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 14. REPEAL OF CONFLICTING PROVISIONS
All the provisions of the Municipal Code as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this ordinance are hereby repealed.

Section 15. AMENDING OF BAIL SCHEDULE

The City Attorney’s Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.

Section 16. EFFECTIVE DATE
That this ordinance shall be effective January 1, 2023.

Section 17. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ___ day of ______, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_______________________________
Scott Matas, Mayor
ATTEST:
________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
________________________________
Jennifer A. Mizrahi, City Attorney

1 C2014/000 - 423933.1
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS AMENDING CHAPTER 15.22 “CALIFORNIA FIRE
CODE” OF TITLE 15 “BUILDINGS AND CONSTRUCTION” OF THE
DESERT HOT SPRINGS MUNICIPAL CODE TO ADOPT THE 2022

EDITION OF THE CALIFORNIA FIRE CODE WITH SELECTED

APPENDICES AND AMENDMENTS
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, the City previously adopted the 2019 Edition of the California Fire Code; and
WHEREAS, California Health and Safety Code Section 18938 provides that the most recent editions of the California Fire Code, as referenced in the California Building Standards Code (“CBSC”), shall apply to all occupancies in the state and shall become effective 180 days after publication in the CBSC by the CBSC Commission ("Commission") or at a later date after publication established by the Commission; and WHEREAS, the 2022 Edition of the California Fire Code and Appendices have been published by the Commission and incorporated into Title 24 of the California Code of Regulations, as Part 9; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 the City may make certain amendments to the CBSC, provided that the amendments are more restrictive than the state adopted standards, and are supported by findings of necessity based on local climatic, topographic or geological conditions can be made; and
WHEREAS, the City may, pursuant to Section 50022.2 et seq. of the California Government Code, to adopt ordinances and codes of the Federal, State, or any agency by reference in whole or in part, and the primary code may adopt by reference a secondary code in whole or in part; and
WHEREAS, this Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the Guidelines for California Environmental Quality Act (California Code of Regulations, Title 14, Chapter 3), because this projects does not have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and
WHEREAS, the City Council finds that adoption of the 2022 Edition of the California Fire Code, as locally amended, is in the best interest of the public health, safety and welfare of the residents of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS DOES ORDAIN AS FOLLOWS:

2 C2014/000 - 423933.1
Section 1. RECITALS
That the above recitals are true and correct and are incorporated as though fully set forth herein.

Section 2. FINDINGS
That the City Council hereby adopts the following findings:

I. Climatic Conditions:

A. The City of Desert Hot Springs is located in Riverside County in Southern California and covers a vast and varied geographic area. The base climate in western Riverside County consists of semi-arid Mediterranean weather patterns. Eastern Riverside County is a desert area with Mohave Desert temperatures and weather patterns. Those two primary areas are divided by the San Bernardino Mountain Range.

Both areas outside of the mountain terrain annually experience extended periods of high temperatures with little or no precipitation. Hot, dry winds, which may reach speeds of 70 M.P.H. or greater, are common to the area. Examples are: Santa Ana/ Foehn winds, afternoon surface-heating generated winds, and prevailing desert winds.

These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration) which necessitates rapid identification, locating and extinguishment of all fires in the smallest stage possible. In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, will greatly impact the response time to reach an incident scene. During these winds, the inability to use aerial type firefighting apparatus would further decrease our ability to stop fires in large buildings and place rescue personnel at increased risk of injury.

B. Although Riverside County and the City of Desert Hot Springs occasionally experiences periods of significant drought, the County can also experience periods of substantial rainfall. When experiencing heavy rain, or rain over a period of days or weeks, many areas of the County are subject to flooding. Runoff from rain drains either naturally into rivers, washes, and creeks or into flood control facilities. Flash flooding is typically associated with short duration, high intensity precipitation events often associated with summer thunderstorms. Such events can occur even during a drought.

C. Water demand in densely populated Southern California far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features. It would also leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water to floors in a fire.

3 C2014/000 - 423933.1
D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features such as identification and notification will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.

II. Topographical conditions
A. Natural: A large number of sensitive habitats for various animal species and vegetation consist within large open space areas between major urban centers that impact building and structure location, which impedes emergency access and response.

This variety in regions contributes to an increased emergency response time, which necessitates cooperation between local agencies.

B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Riverside County.

C. These topographical conditions combine to create a situation, which places fire department response time to fire occurrences at risk, and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.

III. Geological Conditions
Located within Riverside County are several known active and potentially active earthquake faults, including the San Andreas, San Jacinto, and Elsinore Fault. In the event of an earthquake, the location of the epicenter as well as the time of day and season of the year would have a profound effect on the number of deaths and casualties, as well as property damage.

The major form of direct damage from most earthquakes is damage to construction.

Bridges are particularly vulnerable to collapse, and dam failure may generate major downstream flooding. Buildings vary in susceptibility, dependent upon construction and the types of soils on which they are built. Earthquakes destroy power and telephone lines; gas, sewer, or water mains; which, in tum, may set off fires and/or hinder firefighting or rescue efforts. The hazard of earthquakes varies from place to place, dependent upon the regional and local geology. Ground shaking may occur in areas 65 miles or more from the epicenter (the point on the ground surface above the focus).

Ground shaking can change the mechanical properties of some fine grained, saturated soils, where upon they liquefy and act as a fluid (liquefaction).

A. Previous earthquakes in southern California have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings.

4 C2014/000 - 423933.1
B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design accompanies with occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable.

There are areas in Riverside County that naturally have extended emergency response times that exceed the 5 minute goal.

Amendments to the 2022 Edition of the California Fire Code, as contained in this Ordinance, are found reasonably necessary based on the climatic, geological and/or topographical conditions and are listed as follows:
2022 CODE

SECTION TITLE/SUBJECT FINDINGS I, II, III
101.4 Severability Administrative
102.5 Application of the residential code I, II & III
104.1.1 Authority of the Fire Chief and Fire
Department Administrative
104.7, 104.7.1 Liability Administrative
104.13 Authority of the Fire Chief to close
hazardous fire areas Administrative
107.2 Schedule of permit fees Administrative
107.7 Cost Recovery Administrative
111.1 Board of Appeals established Administrative
112.4 Violation and Penalties Administrative
202 Fire Chief Administrative
308.1.6.3 Sky Lanterns I, II & III
503.2.1 Dimensions Administrative
503.2.2 Authority Administrative
503.6.1 Automatic opener Administrative
503.7 Loading areas and passenger drop-offs Administrative 507.5.7 Fire hydrant size and outlets I & III
507.5.8 Fire hydrant street marker I, II & III
508.1, 508.1.1,
508.1.3, 508.1.6,
508.1.8
Fire command center I, II & III
509.2.1 Minimum clearances I & III
608.11.1.2 Manual operation II & III
903.2 Where required (automatic sprinkler
systems) I, II & III
903.3.5.3 Hydraulically calculated systems I & II
3204.2.1 Minimum requirements for client leased or
occupant I, II & III
4904.2.1 High Fire Hazard Severity Zone Maps Administrative App Ch B, Table
B105.2
Buildings other than one- or two-family
dwellings I, II & III
App Ch C, C103.1 Fire hydrant location I, II & III

5 C2014/000 - 423933.1
Section 3. AMENDMENT OF CHAPTER 15.22 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
That Chapter 15.24 (“California Fire Code”) of Title 15 )“Buildings and Construction”) of the City of Desert Hot Springs Municipal Code is amended to read in its entirety as follows:

Chapter 15.22 CALIFORNIA FIRE CODE

15.22.010 Findings and declarations.

The City Council of the City of Desert Hot Springs does specifically and expressly find and declare that the nature and uniqueness of the local climate, geographical and topographical conditions in the City of Desert Hot Springs does reasonably necessitate and demand specific changes in and variations from the 2019 2022 California Fire Code, which are noted in and made part of this chapter as authorized by California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5. These conditions result from climatic, geological and topographical conditions.

15.22.020 Purpose.

The purpose of this chapter is to facilitate the implementation, administration and enforcement of the 2019 2022 California Fire Code which establish the minimum requirements consistent with nationally recognized good practices to safeguard the public health, safety and general welfare from the hazard of fire, explosion or dangerous conditions in new and existing buildings or structures and premises and to provide safety and assistance to firefighters and emergency responders during emergency operations.

15.22.030 Incorporation by reference.

Except as stated in this section or as amended below in Section 15.22.050, all of the provisions and appendices of the 2019 2022 California Fire Code, inclusive of all of the inclusions and exclusions set for in each chapter’s matrix, are hereby adopted and shall apply to the City of Desert Hot Springs. In addition, the following provisions that are excluded in the 2019 2022 California Fire Code are hereby adopted—Chapter 1, Division II of the California Fire Code is hereby adopted, except that Sections 103.2 and 109.3 111.3 are not adopted, and Chapters 3, 25, and Sections 403.12 403.11, 503, 510.2, and 1103.2 and 5707 are adopted.

15.22.040 Relation to California Buildings Standards Code.

Any amendment to the 2019 2022 California Fire Code and standards contained therein as set forth in this chapter shall also be deemed an amendment to the 2019 2022 California Fire Code for purposes of implementing, administering and enforcing the California Building Standards Code.

15.22.050 Amendments to the California Fire Code.

Section 101.4 of the California Fire Code is deleted in its entirety and replaced with the following:

6 C2014/000 - 423933.1
101.4 Severability. If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable.

Section 102.5 of the California Fire Code is amended as follows:
102.5 Application of residential code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:

1. Construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Where interior or exterior systems or devices are installed, construction permits required by Section 105.7 105.5 of this code shall apply.

2. Administrative, operational and maintenance provisions of this code shall apply.

3. Automatic fire sprinkler system requirements of this code shall apply to detached accessory buildings 3,600 square feet or greater in accordance with Section 903.2. The provisions contained in Section 903.2.18 of the California Fire Code or Section R309.6 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached private garages.

Sections 103.4 104.7 and 103.4.1 104.7.1 of the California Fire Code are deleted in their entirety and replaced with the following:
103.4 104.7 Liability. Any liability against Riverside County or the City of Desert Hot Springs or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.

Section 104.1.1 is added to Section 104.1 of the California Fire Code to read as follows:
104.1.1 Authority of the Fire Chief and Fire Department.

1. The Fire Chief is authorized and directed to enforce all applicable State fire laws and provisions of this ordinance and to perform such duties as directed by the City Council.

2. The Fire Chief is authorized to administer, interpret and enforce this ordinance. Under the Fire Chief’s direction, the Riverside County Fire Department is authorized to enforce ordinances of the City of Desert Hot Springs pertaining to the following:

2.1. The prevention of fires.

2.2. The suppression or extinguishment of dangerous or hazardous fires.

7 C2014/000 - 423933.1

2.3. The storage, use and handling of hazardous materials.

2.4. The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment.

2.5. The maintenance and regulation of fire escapes.

2.6. The maintenance of fire protection and the elimination of fire hazards on land, in buildings, structures and other property, including those under construction.

2.7. The maintenance of means of egress.

2.8. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials.

3. The following persons are hereby authorized to interpret and enforce the provisions of this ordinance and to make arrests and issue citations as authorized by law:

3.1. The Unit Chief, Peace Officers and Public Officers of the California Department of Forestry and Fire Protection.

3.2. The Fire Chief, Peace Officers and Public Officers of the Riverside County Fire Department.

3.3. The Riverside County Sheriff and any deputy sheriff.

3.4. The Police Chief and any police officer of any city served by the Riverside County Fire Department.

3.5. Officers of the California Highway Patrol.

3.6. Code Officers of the City of Desert Hot Springs Code Enforcement Department.

3.7. Peace Officers of the California Department of Parks and Recreation.

3.8. The law enforcement officer of the Federal Bureau of Land Management.

Section 104.12 104.13 is added to Section 104 of the California Fire Code to read as follows:
104.12 104.13 Authority of the Fire Chief to close hazardous fire areas. Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof. Any closure by the Fire Chief for a period of more than fifteen (15) calendar days must be approved by the Riverside County Board of Supervisors and/or the City Council within fifteen (15) calendar days of the Fire Chief’s original order of closure. Upon such closure, no person shall go in or be upon any hazardous fire area, except upon the public roadways and inhabited areas.

8 C2014/000 - 423933.1
During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure. This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in or being upon their lands. This section shall not apply to any entry, in the course of duty, by a peace officer, duly authorized public officer or fire department personnel. For the purpose of this section, “hazardous fire area” shall mean public or private land that is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult resulting in great damage. Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief.

Section 106.2 107.2 of the California Fire Code is deleted in its entirety and replaced with the following:
106.2 107.2 Schedule of permit fees. Fees for services and permits shall be as set forth in the City of Desert Hot Springs fee schedule.

Section 106.6 107.7 is added to Section 106 107 of the California Fire Code to read as follows:
106.6 107.7 Cost recovery. Fire suppression, investigation, rescue or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1, as may be amended from time to time. Additionally, any person who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code Section 53150, et seq., as may be amended from time to time. Any expense incurred by the Riverside County Fire Department for securing such emergency shall constitute a debt of such person and shall be collectable by Riverside County in the same manner as in the case of an obligation under contract, express or implied.

Section 107.5 is added to Section 107 of the California Fire Code to read as follows:
107.5 Inspection of residential occupancy upon transfer of ownership. Any residential dwelling unit which falls within “Residential Group “R” as provided by the 2019 California Fire Code that is the subject of a transfer in ownership shall be required to have smoke detectors properly installed and operable prior to the property transfer and shall be required to comply with Section 907.2.10.

Any residential dwelling unit which falls within “Residential Group “R” as provided by the 2019 California Fire Code that is the subject of a transfer in ownership shall be required to have Emergency Escape and Rescue openings and any exit doors inspected to assure they are free of any obstructions other than those allowed by Section 1030 and as such are compliant to Section 1030.1.1 “Operational constraints” of the 2019 California Fire Code.

Before any such property may close escrow, the current owner, seller, broker or agent shall arrange for an inspection of these devices to be conducted by the Fire

9 C2014/000 - 423933.1
Department Fire Safety Specialist to assure that the residential dwelling is compliant with these devices as set forth in the 2019 California Fire Code.

Such inspections shall be subject to fees as set by resolution, sufficient to pay the costs of the inspection pursuant to this chapter and outlined in Section 106 of the California Fire Code.

Section 109.1 111.1 of the California Fire Code is deleted in its entirety and replaced with the following:
109.1 111.1 Board of appeals established. The Board of Appeals shall be the City Manager. If he or she determines an outside board is needed, he or she shall designate an outside hearing officer to hear the appeal. The Fire Chief shall be notified of any appeal and the Fire Chief or designee shall be in attendance at the appeal hearing.

Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the Appeals Board.

Section 110.4 112.4 of the California Fire Code is deleted in its entirety and replaced with the following:
110.4 112.4 Violation and penalties. It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this ordinance, or to violate the provisions of any permit granted pursuant to this code or ordinance. Punishments and penalties for violations shall be in accordance with Title 4 of the City of Desert Hot Springs Municipal Code this code and Health and Safety Code Sections 17995 through 17995.5.

Section 202, definition of “Fire Chief” in the California Fire Code is deleted in its entirety and replaced with the following:

FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief’s designee.

Section 308.1.6.3 of the California Fire Code is deleted in its entirety and replaced with the following:
308.1.6.3 Sky lanterns or similar devices. A person shall not release or cause to be released a sky lantern or similar device.

Section 503.2.1 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7,315 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4,115 mm). For additional requirements or alternatives see Riverside County Fire Department Standards and Policies, as may be amended from time to time.

Section 503.2.2 of the California Fire Code is deleted in its entirety and replaced with the following:

10 C2014/000 - 423933.1
503.2.2 Authority. The fire code official shall be the only authority authorized to designate fire apparatus access roads and fire lanes and to modify the minimum fire lane access widths for fire or rescue operations.

Section 503.6.1 is added to Section 503.6 of the California Fire Code to read as follows:
503.6.1 Automatic opener. New motorized gates shall be provided with means to be automatically opened remotely by emergency vehicle in accordance with Riverside County Fire Department standards and Policies, as may be amended from time to time.

Exception: Gates serving individual one- and two-family dwelling parcels.

Section 503.7 is added to Section 503 of the California Fire Code to read as follows:
503.7 Loading areas and passenger drop-off areas. On private properties, where fire apparatus access roads are utilized for loading or unloading or utilized for passenger drop-off or pick-up, an additional eight (8) feet of width shall be added to the minimum required width for the fire apparatus access road.

Section 507.5.7 is added to Section 507 of the California Fire Code to read as follows:
507.5.7 Fire hydrant size and outlets. As determined by the fire code official, fire hydrant sizes and outlets shall be based on the following:

1. Residential Standard – one (1) four (4) inch outlet and one (1) two and half (2 ½) inch outlet.

2. Super Hydrant Standard – one (1) four (4) inch outlet and two (2) two and one half (2 ½) inch outlet.

3. Super Hydrant Enhanced – two (2) four (4) inch outlet and one (1) two and one half (2 ½) inch outlet.

Section 507.5.8 is added to Section 507 of the California Fire Code to read as follows:
507.5.8 Fire hydrant street marker. Fire hydrant locations shall be visually indicated in accordance with Riverside County Fire Department Technical Policy 06-11, as may be amended from time to time. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage.

Section 508.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1 General. Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, in buildings greater

11 C2014/000 - 423933.1
than 300,000 square feet in area and in Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided and comply with Sections 508.1.1 through 508.1.8.

Section 508.1.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1.1 Location and access. The fire command center shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or as approved by the fire code official. The room shall have direct access from the building exterior at the lowest level of fire department access.

Section 508.1.3 of the California Fire Code is amended to add the following:

Exception: A fire command center solely required because a building is greater than 300,000 square feet in area shall be a minimum of 96 square feet (9 m2) with a minimum dimension of 8 feet (2,438mm).

Size. The fire command center shall be not less than 0.015 percent of the total building area of the facility served or 200 square feet (19 m2) in area, whichever is greater, with a minimum dimension of 0.7 times the square root of the room area or 10 feet (3048 mm), whichever is greater.

Where a fire command center is solely required because a building is greater than 300,000 square feet (27 870 m2), the fire command center shall have a minimum size of 96 square feet (9 m2) with a minimum dimension of 8 feet (2438 mm) where approved by the fire code official.

Section 508.1.6 of the California Fire Code is amended to add the following:

Exception: A fire command center solely required because a building is greater than 300,000 square feet in area shall comply with NFPA 72 and contain the features set forth in Section 508.1.6 subsections 5, 8, 10, 12, 13 and 14. The features set forth in Section 508.1.6 subsections 1, 2, 3, 4, 6, 7, 9, 11, 15, 16, 17, 18 and 19 shall be required when such building contains systems or functions related to these features.

Section 508.1.8 is added to Section 508 of the California Fire Code to read as follows:
508.1.8 Fire command center identification. The fire command center shall be identified by a permanent easily visible sign stating “Fire Dept. Command Center,” located on the door to the fire command center.

Section 509.2.1 of the California Fire Code is amended to add the following:
509.2.1 Minimum clearances. A 3-foot (914 mm) clear space shall be maintained around the circumference of exterior fire protection system control valves, or any other

12 C2014/000 - 423933.1
exterior fire protection system component that may require immediate access, except as otherwise required or approved.

Section 606.10.1.2 608.11.1.2 of the California Fire Code is deleted in its entirety and replaced with the following:
606.10.1.2 608.11.1.2 Manual operation. When required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room in a secure metal box or equivalent and marked as Emergency Controls.

Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following:
903.2 Where required. In all new buildings and structures which are 3,600 square feet or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where the Sections 903.2.1 – 903.2.20 903.2.21 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence.

Exception: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following:

1. Detached Group U occupancies used for agricultural purposes constructed in accordance with the California Building Code.

2. Detached non-combustible equestrian arena shade canopies that are open on all sides and used for riding only - no commercial, assembly or storage uses.

3. Detached fabric or non-combustible shade structures that are open on all sides and used to shade playground equipment, temporary storage of vehicles and dining areas with no cooking.

4. Where determined by the Fire Chief that no major life safety hazard exists, and the fuel load does not pose a significant threat to firefighter safety or to other structures or property, automatic fire sprinklers may be exempted.

One- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobilehomes, manufactured homes and multifamily manufactured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations.

The following exceptions in the California Fire Code shall not be allowed:
a. Exception in Section 903.2.3
b. Exception 2 for Occupancies in Group F-2 in Section 903.2.11.3

13 C2014/000 - 423933.1
Section 903.3.5.3 is added to Section 903 of the California Fire Code to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

Section 3204.2.1 is added to Section 3204.2 of the California Fire Code to read as follows:
3204.2.1 Minimum requirements for client leased or occupant owned warehouses.

Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. The responsible fire protection engineer shall perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The fire protection engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. The technical report shall describe the basis for determining the commodity and sprinkler design selection, how the commodities will be isolated or separated, and include references to the design document(s). If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review.

Section 4904.3 4904.2.1 is added to Section 4904 of the California Fire Code to read as follows:
4904.3 4904.2.1 High Fire Hazard Severity Zone Maps. In accordance with Government Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones are designated as shown on a map titled Very High Fire Hazard Severity Zones, dated December 24, 2009 and retained on file at the office of the Fire Chief, which supersedes other maps previously adopted by Riverside County designating high fire hazard areas. In accordance with Government Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones (VHFHSZ), located in the Local Responsibility Areas, are designated as shown on the most recently published VHFHSZ map, as recommended and published by the Director of the California Department of Forestry and Fire Protection (CAL FIRE), which may be revised from time to time. The most recent VHFHSZ map is on file at the office of the Fire Chief, which supersedes other maps previously adopted designating high fire hazard areas.

Table B105.2 of the California Fire Code is amended as follows:

TABLE B105.2

REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND

TOWNHOUSES

AUTOMATIC MINIMUM FIRE-FLOW FLOW DURATION

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SPRINKLER SYSTEM
(Design Standard)
(gallons per minute) (hours)
No automatic sprinkler
system
Value in Table B105.1(2) Duration in Table
B105.1(2)
Section 903.3.1.1 of the
California Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table
B105.1(2) at the
reduced flow rate
Section 903.3.1.2 of the
California Fire Code
50% of the value in Table
B105.1(2)b
Duration in Table
B105.1(2) at the
reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,000 gallons per minute. b. The reduced fire-flow shall be not less than 1,500 gallons per minute.

Section C103.1 of the California Fire Code is deleted in its entirety and replaced with the following:

C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the California Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1.

Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3. Fire hydrants shall be provided at street intersections.

Section 5. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 6. REPEAL OF CONFLICTING PROVISIONS
All the provisions of the Municipal Code as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this ordinance are hereby repealed.

Section 7. AMENDING OF BAIL SCHEDULE

The City Attorney’s Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.

Section 8. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its second reading, but no earlier than January 1, 2020.

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Section 9. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ____day of ________, 2022 by the follow vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________S
Scott Matas, Mayor
ATTEST:
_________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_________________________________
Jennifer Mizrahi, City Attorney

2022 TITLE 24
California Code Changes
July 2022
1 st Edition

Acknowledgements
Governor Gavin Newsom
Secretary of the Government Operations Agency, Amy Ton
Director of the Department of General Services, Ana Lasso Members of the California Building Standards Commission Chair, Secretary Amy Tong
Vice Chair, Rajesh Patel
Commissioners:

Kent Sasaki Erick Mikiten
Elley Klausbruckner Rajesh Patel
Peter Santillan Juvilyn Alegre
Aaron Stockwell Laura Rambin
Frank Ramirez James Haskin
Executive Director, Mia Marvelli
Deputy Executive Director, vacant
The California Building Standards Commission is a commission within the Department of General Services
Visit our website at dgs.ca.gov/BSC
Please submit comments and suggestions for improvements or additions to this publication to [email protected]
or mail to
California Building Standards Commission
Mia Marvelli, Executive Director
2525 Natomas Park Drive, Suite 130
Sacramento, CA 95833
Some of CBSC’s publications available on the website’s Resources page:

Guide to Title 24
It’s Your Building Department
Guide for Local Amendments of
Building Standards
Public Guide to the Building
Standards Adoption Process
Frequently Asked Questions
Glossary of Terms

i

TABLE OF CONTENTS
Introduction...............................................................................................1 California Administrative Code – Part 1..................................................3 Chapter 1 – Building Standards Commission ............................................................ 3 Chapter 3 – State Fire Marshal.................................................................................. 3 Chapter 4 – Division of the State Architect ................................................................ 3 Chapter 7 – Office of Statewide Health Planning and Development.......................... 4 Chapter 10 – California Energy Commission ............................................................. 5 California Building Code – Part 2 ............................................................6 Tall Wood/Mass Timber provisions in various chapters of Part 2 .............................. 6 Chapter 1 – Scope and Administration ...................................................................... 6 Chapter 2 – Definitions .............................................................................................. 7 Chapter 3 – Occupancy Classification and Use......................................................... 8 Chapter 4 – Special Detailed Requirements .............................................................. 9 Chapter 5 – General Building Heights and Areas ...................................................... 9 Chapter 7A – Materials and Construction Methods.................................................... 9 Chapter 9 – Fire Protection Systems ....................................................................... 10 Chapter 10 – Means of Egress ................................................................................ 10 Chapter 11B – Accessibility to Public Buildings ....................................................... 11 Chapter 12 – Interior Environment........................................................................... 11 Chapter 14 – Exterior Walls ..................................................................................... 16 Chapter 16 – Structural Design................................................................................ 16 Chapter 16A – Structural Design ............................................................................. 16

ii
Chapter 17 – Special Inspections and Tests............................................................ 17 Chapter 17A – Special Inspections and Tests ......................................................... 18 Chapters 18 and 18A – Soils and Foundations........................................................ 18 Chapter 19 – Concrete............................................................................................. 18 Chapter 19A – Concrete .......................................................................................... 19 Chapter 21 – Masonry ............................................................................................. 20 Chapter 21A – Masonry ........................................................................................... 20 Chapter 24 – Glass and Glazing.............................................................................. 21 Chapter 25 – Gypsum Board, Gypsum Panel Products and Plaster........................ 21 Chapter 27 – Electrical............................................................................................. 22 Chapter 31 – Special Construction .......................................................................... 22 Chapter 31B – Public Swimming Pools.................................................................... 22 Chapter 35 – Referenced Standards ....................................................................... 23 California Residential Code – Part 2.5...................................................24 Chapter 1 – Scope and Application.......................................................................... 24 Chapter 2 – Definitions ............................................................................................ 24 Chapter 3 – Building Planning ................................................................................. 24 Chapter 4 – Foundations ......................................................................................... 26 Chapter 7 – Wall Covering....................................................................................... 27 Chapter 8 – Roof-Ceiling Construction .................................................................... 27 Chapter 9 – Roof Assemblies .................................................................................. 28 Chapter 44 – Referenced Standards ....................................................................... 28 Appendix AS – Strawbale Construction ................................................................... 28 Appendix AX............................................................................................................ 29

iii
California Electrical Code – Part 3.........................................................30 California Energy Commission................................................................................. 30 Housing and Community Development.................................................................... 30 State Fire Marshal.................................................................................................... 30 Office of Statewide Health Planning and Development............................................ 30 California Mechanical Code – Part 4 .....................................................32 Chapter 1 – Scope and Application.......................................................................... 32 Chapter 2 – Definitions ............................................................................................ 33 Chapter 3 – General Regulations............................................................................. 33 Chapter 4 – Ventilation Air....................................................................................... 33 Chapter 6 – Duct systems........................................................................................ 34 Chapter 9 – Installation of Specific Appliances ........................................................ 34 Chapter 11 – Refrigeration....................................................................................... 35 Chapter 12 – Hydronics ........................................................................................... 35 California Plumbing Code – Part 5 ........................................................36 Chapter 1 – Scope and Application.......................................................................... 36 Chapter 4 – Plumbing Fixtures and Fixture Fittings ................................................. 36 Chapters 5 and 6 – Water Heaters and Water Supply and Distribution ................... 37 Chapter 6 – Water Supply and Distribution.............................................................. 37 Chapter 13 – Health Care Facilities and Medical Gas and Vacuum Systems.......... 37 Chapter 15 – Alternate Water Sources for Nonpotable Applications........................ 37 Chapter 17 – Referenced Standards ....................................................................... 38 California Energy Code – Part 6 ............................................................39

iv
California Fire Code – Part 9..................................................................40 Overview.................................................................................................................. 40 Chapter 1 – Scope and Application.......................................................................... 40 Chapter 2 – Definitions ............................................................................................ 41 Chapter 3 – General Regulations............................................................................. 42 Chapter 4 – Emergency Planning and Preparedness.............................................. 42 Chapter 9 – Fire Protection and Life Safety Systems .............................................. 42 Chapter 10 – Means of Egress ................................................................................ 43 Chapter 12 – Energy Systems ................................................................................. 43 Chapter 31 – Tents, Temporary Special Event Structures and Other Membrane Structures....... 43 Chapter 38 – Higher Education Laboratories........................................................... 43 Chapter 49 – Requirements for Wildland-Urban Interface (WUI) Fire Areas ........... 44 Chapter 80 – Referenced Standards ....................................................................... 45 Appendix P – Community Wildland-Urban Interface (WUI) Fire Hazard Evaluation Framework .. 45 California Existing Building Code – Part 10..........................................46 Chapter 1 – Scope and Application.......................................................................... 46 Chapter 2 – Definitions ............................................................................................ 46 Chapter 3 – Provisions for All Compliance Methods................................................ 47 Chapter 5 – Prescriptive Compliance Method.......................................................... 48 Chapter 16 – Referenced Standards ....................................................................... 48 Department of Housing and Community Development............................................ 49 California Green Building Standards Code – Part 11...........................50 Chapter 2 – Definitions ............................................................................................ 50 Chapter 4 – Residential Mandatory Measures......................................................... 50

v
Chapter 5 – Nonresidential Mandatory Measures.................................................... 52 Chapter A4 – Residential Voluntary Measures ........................................................ 53 Chapter A5 – Nonresidential Voluntary Measures ................................................... 53 California Referenced Standards – Part 12...........................................55 Building Standards Commission .............................................................................. 55 State Fire Marshal.................................................................................................... 55

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1 INTRODUCTION
During the 2021 Triennial Code Adoption Cycle, California state agencies reviewed the most recent edition of national model codes and standards, and made amendments and additions to most parts of the California Building Standards Code, Title 24 of the California Code of Regulations (Title 24). This publication contains information regarding substantive changes of interest to code users as they familiarize themselves with the 2022 edition of Title 24. For ease of reading, this document uses all normal font style (no italics). When looking at Title 24, it is a good idea to learn about and understand the various margin markings, banners and text styles that will indicate where changes have been made to the code and what amendments are model code changes versus California amendments. An explanation of margin markings can be found in the preface of each part of Title 24.

State agency acronyms that may be used in this publication BSC – Building Standards Commission
CDPH – California Department of Public Health
CEC – California Energy Commission
DSA – Division of the State Architect
DWR – Department of Water Resources
HCD – Department of Housing and Community Development
OSHPD – Office of Statewide Health Planning and Development (now Department of Health Care Access and Information – HCAI)
SFM – State Fire Marshal
For the applications of amendments adopted by the various state agencies, reference Chapter 1 of each part of Title 24.

The parts of Title 24 may be abbreviated as follows:

CBC – California Building Code, Part 2, Volumes 1 and 2 CRC – California Residential Code, Part 2.5
CMC – California Mechanical Code, Part 4
CPC – California Plumbing Code, Part 5
CFC – California Fire Code, Part 9
CEBC – California Existing Building Code, Part 10
CALGreen – California Green Building Standards Code, Part 11 CRSC – California Referenced Standards Code, Part 12
To avoid confusion with other acronyms, abbreviations are not used for the California Administrative Code (Part 1), California Electrical Code (Part 3) or California Energy Code (Part 6).

2 Note that there were no significant updates to the California Historical Building Code, Part 8 of Title 24, and Part 7 is vacant, so those parts are not listed here. There are no changes to Part 8 because the State Historical Building Safety Board adopted the 2022 California Historical Building Code by carrying forward existing provisions from the 2019 edition without further amendment.

Model code developers:

Every three years the national model codes and standards are published, and by law California is required to incorporate specific model codes and standards into Title 24.

The model code publishers often issue significant code change documents explaining national code updates and the reasons for them. Links to those documents are provide below.

IAPMO – The International Association of Plumbing and Mechanical Officials (Parts 4 and 5)
Uniform Mechanical and Plumbing Code Updates webpage
ICC – The International Code Council (Parts 2, 2.5, 9 and 10) Purchase ICC’s 2021 Significant Changes publications
NFPA – National Fire Protection Association (Part 3)
2020 National Electrical Code updates links
Please watch the California Building Standards Commission’s (CBSC) video About Title 24 to learn about the code's layout and contributing state agencies. For more indepth information, visit CBSC’s Resources webpage to view and download educational publications such as a Guide to Title 24.

3 CALIFORNIA ADMINISTRATIVE CODE – PART 1
Chapter 1 – Building Standards Commission
1-209 Code Advisory Committees
Amended existing section footnote to clarify the requirements of the Fire Official and Local Government Water Efficiency Official positions in the Code Advisory Committees.

Sections 1-407, 1-411, 1-415, 1-419
Added document accessibility as a requirement for documents included in state agencies’ rulemaking submittals and added reference to Government Code Section 11546.7.(a).
1-507 Fee Collection
Amended existing section to remove information regarding the check-only payment method, added instructions for submitting payment and forms by mail (check) or email (electronic payment platform), and let fee payers know that they may only use the approved electronic payment platform, and that there is information regarding the platform on CBSC’s website.

Chapter 3 – State Fire Marshal
Article 3-1 General Provisions and Article 3-2 Definitions Added sections to Chapter 3 that was reserved for SFM in the 2019 edition. These sections provide clarifying language regarding the SFM fire and life safety authority for state-owned buildings, specified state-occupied buildings, and state institutions.

Chapter 4 – Division of the State Architect
4-309(c).2.B Reconstruction or alteration projects in excess of $100,000 in cost
Repealed exception to the section as it is inconsistent with the definition of “rehabilitation” in the regulations. The exception also implied that only the “…elements of the lateral force resisting system” need be evaluated, which led to confusion as DSA’s Seismic Performance Requirements per Table 317.5 explicitly require that the evaluation include assessment of non-structural components. 4-330 Time of beginning construction and partial construction Changed requirements that construction must commence on all school buildings with an approved project within four years instead of one year or else the approval is void.

Given this new four-year rule, extensions no longer apply and were repealed. Added an exception permitting DSA to withdraw approval or institute post-approval

4 requirements as necessary to address life-safety concerns in response to information received after approval of plans and before commencement of construction. 4-335(f)4 Structural tests and special inspections
Clarified requirements to provide DSA with daily special inspection reports when requested.

Group 3, Article 3 and deletion of Article 4
Revised procedure regarding submission of landscape plans for modifications, rehabilitations and new construction of landscape areas at public K-12 schools and community colleges.

The revisions include the elimination of a fee for review of landscape plans and revisions to the self-certification form, a provision that periodic site observations during construction will occur to ensure the work is completed in accordance with CALGreen Section 5.304 requirements, and replacement of two previously required selfcertification forms with a single form.

Chapter 7 – Office of Statewide Health Planning and Development 7-111 Definitions
Added clarification that the equipment referred to in the definition of “Actual Construction Cost” is construction equipment only.

Added the definition of “Start of Construction” to clarify that the start date of construction may include actual physical work as well as the preparation for construction such as manufacturing components offsite.

Sections 7-111, 7-121, 7-130, 7-133 and others
Combined “Phased Plan Review” and “Collaborative Review and Construction” into a single process called “Integrated Review.” Renamed “Phased Plan Review” to “Integrated Review” so the definition of “Integrated Review” is added, the definition of “Phased Plan Review” is repealed, all references to “Phased Plan Review” and “Collaborative Review and Construction” are removed, and Memorandum of Understanding (MOU) is renamed to Integrated Review Plan (IRP).

Sections 7-113, 7-153 and others
Amended existing language to provide requirements for electronic submittals and field records.
7-123 Preliminary plans and specifications
Amended existing language to remove “outline” from the submittal requirements for specifications during a preliminary review as it has been proven an outline specification is insufficient for most preliminary reviews.

5 7-129 Time limitations
Amended following subsections:
7-129(b) to provide revised time limitations based on the cost of a project. 7-129(d) to include a description of when a project is considered abandoned. 7-129(d) Exception to limit the exception to paragraphs (a) and (b) so they do not apply to managed projects. Manage project time limitations would not apply as the durations are negotiated.
7-133 Fees
Amended following subsections:
7-133(a) to allow for projects with estimated construction cost of less than $250,000 to be invoiced at the rate of 2.0 percent of the estimated construction cost. 7-133(h) to remove collaborative review and replace phased review with integrated review. The fee of 1.95% is to be applied to integrated review. 7-145 Continuous inspection of the work
Clarified the requirement for the Inspector of Record to notify the office in writing when work is started and for the field record report to include the time and date of all correspondence with the contractor regarding incomplete work, potential deficiencies or deviation which require the contractor’s attention. Added additional requirements for the reports.

Chapter 10 – California Energy Commission
Please visit the California Energy Commission’s website for updates. energy.ca.gov/programs-and-topics/programs/building-energy-efficiencystandards/online-resource-center/overview

6 CALIFORNIA BUILDING CODE – PART 2
Tall Wood/Mass Timber provisions in various chapters of Part 2 BSC—DSA—HCD—OSHPD—SFM
Sections regarding construction elements of Tall Wood/Mass Timber and Heavy Timber were early adopted by various state agencies as amendments to the 2019 California Building Code (CBC) during the 2019 Intervening Code Adoption Cycle and issued as a supplement with a July 1, 2021, effective date. The amendments are repealed, as they are now included in the adopted 2021 International Building Code (IBC).

Part 2 Chapter Sections
Chapter 1 110.3.5
Chapter 2 202
Chapter 5 508.4.4.1, 509.4.1.1
Chapter 6 602.4 through 602.4.4.2
Chapter 7 703.6, 703.7, 718.2.1, 722.7 through 722.7.2.2 Chapter 17 - Sections 1705.5.3, 1705.5.5, 1705.11.1, 1705.11.2, 1705.12.2, 1705.12.3, 1705.20, 1705A.4.1, 1705A.5.5, 1705A5.7
Chapter 17 - Tables 1705.5.3, 1705.5.7, 1705A.5.3
Chapter 23 2304.10.1.2, 2304.11.3, 2304.11.4
Chapter 31 3102.3, 3102.6.1.1
Chapter 35 ANSI/APA PRG 320-2019, ASTM D3498-03(2011)
Chapter 1 – Scope and Administration
Building Standards Commission
105.5.1 [Permit] Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Statutes of 2018), which became operative January 1, 2019, and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.

CBSC Information Bulletin 19-03 regarding permit expiration dates was issued May 23, 2019, to local building departments, state agencies and CBSC interested parties.

7 Office of Statewide Health Planning and Development

1.10.2 OSHPD 2, 2A and 2B
OSHPD added new occupancy classifications to address distinctions between skilled nursing facility and intermediate care facility buildings erected with specific construction materials.

OSHPD 2 has been split into two (2) categories. OSHPD 2A is for skilled nursing facility and intermediate care facility buildings of single-story, wood-frame, or light steel frame construction or buildings of single-story, wood-frame, or light steel frame construction where only skilled nursing or intermediate care services are provided if the building is separated from a building housing other patients of the health facility receiving higher levels of care and must meet model code requirements.

OSHPD 2B skilled nursing facility and intermediate care facility buildings of all other types must meet the requirements designated by the OSHPD 2B banner.

If the only designation is OSHPD 2, the application is for both 2A and 2B.

State Fire Marshal

1.11.1 Specified state-occupied buildings
New definition with 11 criteria has been added in response to Senate Bill 85 (Public resources: omnibus trailer bill. (2019-2020)) that required the State Fire Marshal to provide a more accurate definition.

1.11.6 Certificate of Occupancy
Amendment citing a reference to Section 105.2 clarifying work exempt from permit.

Division of the State Architect, Department of Housing and Community Development, Office of Statewide Health Planning and Development, and State Fire Marshal
110.3.12 Types IV-A, IV-B and IV-C connection protection inspection This amendment was added in the 2019 intervening cycle but is now part of model code language in the 2021 IBC, therefore, this section is repealed to avoid duplication.

Chapter 2 – Definitions
California Energy Commission
CLIMATE ZONE Amended definition with specific reference to Figure 100.1-1 of the California Energy Code pertaining to the applicability of assigned climatic criteria for geographic regions to distinguish between the International Energy Conservation Code (IECC) and the California Energy Code.

8 State Fire Marshal
CHILD CARE Added a new defined term for child care that is consistent with the definition in Title 22 (Social Security) of the California Code of Regulations (Title 22).

DAY-CARE Amended the defined term day-care to specify the time period for the care of persons is not to exceed 24 hours, and is to be consistent with Title 22.

INFLATABLE AMUSEMENT DEVICE New defined term to specify characteristics of inflatable structures that need to be properly constructed and anchored.

PHOTOVOLTAIC (PV) PANEL SYSTEM, GROUND-MOUNTED New defined term to be consistent with references in CBC Chapters 16 and 31, CRC Chapter 3 and CFC Chapter 12.

PHOTOVOLTAIC (PV) SUPPORT STRUCTURE, ELEVATED New defined term for an elevated PV support structure designed with space underneath intended for secondary use such as providing shade for motor vehicle parking. Requirements for installation are addressed in Chapters 15 and 16.

TODDLER New defined term to align with the legal definition of toddlers from Health and Safety Code Section 1596.55. By distinguishing age differences, officials will be able to classify the related occupancies based on social services’ classifications used for licensing.

Chapter 3 – Occupancy Classification and Use
State Fire Marshal
304.1 Business Group B and 304.4 Higher education laboratories Removed new model code language about higher education laboratories from Section 304.1 and deleted new model code Section 304.4 since model code language for higher education laboratories is not used in California and conflicts with California’s Group L occupancy classification.
305.2 Group E, Child care facilities
Amendments clarifying child care regarding emergency situations applying to Groups I, E and R Occupancies.
310.3 Residential Group R-2
Amended the definition for Group R-2 to meet requirements of SB 234 (Chapter 244, Statutes of 2019): Small and large family child care in apartment houses can operate in R-2 occupancies when they comply with the regulations and with Health and Safety Code Section 1597.46.

9 Chapter 4 – Special Detailed Requirements
State Fire Marshal
455 Large Family Day-Care Homes
455.2. Amendment to meet requirements of SB 234 (Chapter 244, Statutes of 2019):

Small and large family child care in apartment houses can operate in R-2 occupancies when they comply with the regulations and with Health and Safety Code Sections 1597.45 and 1597.46 (reprinted in this section). 455.6 Compliance
Repealed an amendment regarding the enforcement of Health and Safety Code Sections 13145 and 13146 to align with Section 455.2.

Chapter 5 – General Building Heights and Areas
State Fire Marshal
508 Mixed Use and Occupancy
508.2.4 Separation of occupancies
Amendment permitting the consideration of some uses as accessory occupancies.

Among other requirements, the amendment revises Section 508.2.4 Exception and limits permitted, unseparated accessory covered entrances to those required by Section 11B-206.4.10 for weather protection at entrances to medical care and long-term care facilities or Section 1224.33.2.1, emergency medical service exterior entrances. The amendment eliminates a conflict with provisions enforced by Centers for Medicare-Medicaid Services (CMS).

Table 508.4 Required separation of occupancies (hours), Footnote J Amendment to the footnotes in Table 508.4 that reduces the fire-resistive separation criteria for covered vehicle entrances required by other provisions of the California Building Code associated with Group I-2 occupancies from 2-hour to 1- hour fire-resistance-rated construction.

Chapter 7A – Materials and Construction Methods
State Fire Marshal
Extensive amendments to Chapter 7A Wildland-Urban Interface (WUI) regulations.

The amendments were developed through the Office of the State Fire Marshal WUI task group and collaboration with local fire departments, other state agencies, building industry, testing labs, and stakeholders.

Other amendments have been made to be consistent with newly defined terms and to clarify established guidelines in WUI regulations that address different fire severity areas and agency responsibilities that are outlined in Chapter 49 of the CFC.

10 702A Definitions
FIRE PROTECTION PLAN Amended this defined term to align with the same defined term in Section 4903 of the CFC.

FIRE-RESISTANT VEGETATION New definition of plants less likely to ignite, contribute heat or spread flame. Also provides a list of resources for more information about these types of plants.
704A IGNITION-RESISTANT CONSTRUCTION Added testing standard for wood structural panels in Subsection 704A.3.1 Fire testing of wood structural panels.

Additional amendments in Section 704A are consistent with previous amendments made in Chapter 23 regarding fire-retardant-treated-wood and pressure treated materials.
710A Accessory Buildings and Miscellaneous Structures
710A.1 General Clarifies that Group U Occupancy accessory buildings shall conform to this section.
710A.3 Where required Amendment and subsections that are organized by uniform categories of distances from applicable buildings, and mandate enforcement for buildings greater than 120 square feet, and leave discretion to local Authority Having Jurisdiction (AHJ) for buildings less than 120 square feet. 710A.4 Roof construction Amendment that for an accessory building required to be constructed of noncombustible or ignition resistant materials, its roof must meet Class A fire rating.

Chapter 9 – Fire Protection Systems
State Fire Marshal
903.3.1.1.3 Solar photovoltaic power systems
Amendment to delete a requirement for the installation of smoke detectors in outdoor locations as a substitute for sprinkler protection.

Department of Housing and Community Development
915 Carbon monoxide detection
Modified to reference NFPA 72 National Fire Alarm and Signaling Code.

Chapter 10 – Means of Egress
State Fire Marshal
1032.2.1.2 Maintenance and 1032.2.1.3 Examination
Adjustments and revisions to CFC Sections 1104.16.7 and 1104.16.5.1 regarding the maintenance requirements for fire escapes have been relocated to Section 1032.

11 Chapter 11B – Accessibility to Public Buildings
Division of the State Architect – Access Compliance
11B-108 Maintenance of Accessible Features
Added requirements to include facilities regulated in Chapter 11B, including public and commercial buildings, as well as public housing in addition to public accommodations.

Chapter 12 – Interior Environment
California Energy Commission
User Note
Modified to properly reference the California Energy Code. 1202.3.1 California Energy Code and International Energy Conservation Code (IECC) Climate Zones and Table 1202.3.1 IECC vs California Energy Code Climate Zone Comparison
Added section and table to prevent confusion between climate zones identified in ICC model codes and climate zones identified in the California Energy Code by explaining the relationship between the two codes and adding Table 1202.3.1 to represent these differences.

Department of Housing and Community Development
1202.2.1 Ventilated attics and rafter spaces and 1202.3 Unvented attic and unvented enclosed rafter assemblies
Repealed reference to Climate Zones 14 and 16 and California Energy Code Figure 100.1-A since the California Energy Commission adopted a new Table 1202.3.1 from the International Energy Conservation Code.

Table 1202.3 Insulation for condensation control
Repealed reference to specific climate zones from the table since the California Energy Commission adopted a new Table 1202.3.1 from the International Energy Conservation Code.

Office of Statewide Health Planning and Development
1224.3 Definitions
HANDWASHING STATION Amended existing language to clarify that hands-free operation is required at the door and not at the handwashing fixture.

INVASIVE PROCEDURE New definition to be used to determine the classification of the imaging room or procedure room required.

LOCATION TERMINOLOGY Terms for relationship to an area or room.

12 READILY ACCESSIBLE Amended existing language to avoid ambiguity by removing the requirement that the area or room also be “directly accessible.” New language added to include option for locating readily accessible areas or rooms to within 200 feet of department or space served to accommodate space orientation or security concerns.

PROCEDURE ROOM New definition specifically designates the procedure room as the intermediate level room for procedures that do not require a full surgical environment.

RESTRICTED AREA Amended existing language to better align with Facilities Guidelines Institute (FGI), which stipulates that a restricted area is a designated space contained within the semi-restricted area and accessible only through a semirestricted area. This definition is required to determine the level of procedure room to be used and the requirements therein.

SEMI-RESTRICTED AREA New defined term per request of CDPH. This area applies to intermediate level procedures and imaging as well as peripheral areas that support surgical services.

START OF CONSTRUCTION OSHPD added the definition to Part 1, California Administrative Code. The banner note added to this definition avoids ambiguity and clarifies that the term is not adopted by OSHPD.

UNRESTRICTED AREA New defined term per CDPH request. This area applies to any area of the department that is not defined as semi-restricted or restricted. This definition is required to determine the level of control outside a surgical area or within a medical department.
1224.4.4.1 Examination, treatment, and procedure rooms
Amended existing language to add “procedure room” to the heading. 1224.4.4.1.2 Treatment room
OSHPD has coordinated with CDPH to add a requirement for providing a new service space for exercise stress testing. This space can be in several locations within a hospital and not assigned to any one service. Amended language allows for exercise stress testing in a treatment room due to the need for space for a crash cart and possible resuscitation.
1224.4.4.1.4 Procedure room
Added new language to align with Facilities Guidelines Institute (FGI) requirements and renumbered following sections.
1224.4.4.4.1 Medication preparation room
Per CDPH request, amended existing language to remove the requirement that a medication preparation room be directly accessible from the nursing station.

13 Table 1224.4.6.1
Line 6 has been identified specifically for “Intensive Care” to avoid confusion with the similarly named room on Line 3.

Table 1224.4.6.5
Added Note 1 to the line for Patient Toilet Room under column 1226. Current language is confusing and is often misinterpreted that a nurse call station is required in all clinic patient toilets under column 1226. The note clarifies that a nurse call station is not required for Primary Care, Chronic Dialysis or Psychology Clinic patient toilet rooms.
1224.4.11 and 1224.4.11.4.1 Interior Finishes
Added a pointer to the new table for different levels of procedure and imaging rooms. Includes new Table 1224.4.11.4a which identifies the different levels of exam/procedure rooms as well as the different classes of imaging rooms, including the room type, the uses in each type of room, if the room is unrestricted, semirestricted or restricted, how it is accessed, and the level of finishes required. 1224.14.2 Support areas
Amended existing language to allow for support areas that service nursing units to be shared if there is direct access, including nurses’ office, a clean utility/workroom, soiled workroom or soiled holding room, nourishment area and equipment storage room.
1224.14.2.15 Special bathing facilities
Amended existing language for special bathing facilities to be optional. Per review with CDPH, special bathing facilities for roll-in gurneys should not be a requirement as there are several other methods of bathing or cleaning bedridden patients. 1224.15.1 General
Amended existing language to clarify that a sterile core where clean equipment is stored prior to bringing into an operating room is required to be in a restricted area. 1224.15.2.2 Procedure room(s)
Added a pointer to the requirements for a procedure room. The following section 1224.15.2.2.1 was renumbered.
1224.16.3 Recovery and Post-Anesthesia Care Unit (PACU) Amended existing language to clarify the clearances required between beds and the access aisle at the foot of a bed.
1224.18 Radiological/diagnostic imaging service space
Amended existing language to provide direction for applying the new classes of imaging rooms. To alleviate confusion, pointers are provided to Table 1224.4.11.4a and to address more acute-level procedures using imaging systems in hybrid operating rooms.

14 1224.18.1 Minimum requirements
Amended existing language to allow a CT scanner to be used as the primary imaging modality once Title 22 is revised. Existing language was also amended to allow the space used for processing images to also be used exclusively for viewing, as processing technology is no longer required on newer equipment. Requirements for handwashing stations were added to provide direction for applying the new classes of imaging rooms.
1224.18.1.1 Radiation protection
Added requirements for radiation protection in the new classes of imaging rooms. 1224.18.1.2 Multiple-modality devices
Added new language to clarify that when two or more modalities are integrated into one device, the requirements of both must be met. This would apply to space requirements, radiation protection and any differences in the requirements. 1224.18.4 Magnetic resonance imaging (MRI)
Added new language to provide safety zones for MRIs. Existing language for the imaging equipment room was amended to align with other imaging equipment room annotation.
1224.18.5 Ultrasound
Amended existing language to properly identify an ultrasound exam room. An exception is added to not require a directly accessible toilet if only specific exams are conducted. Language is added for the requirements of a processing room if it is to be provided as a support service.
1224.19.7 Support areas for staff
Amended existing language to align with Title 22 and Board of Pharmacy regulations that pharmacy staff lounge, lockers and toilet may be readily accessible in lieu of immediately accessible.
1224.20.3 Outside service
Amended existing language to clarify that if a temporary mobile kitchen is approved by CDPH for use during construction, a separate warming kitchen is not needed internally.
1224.22 Central sterile supply
Per a request from CDPH, amended existing language to clarify that a central sterile supply process includes distinct spaces within one or more rooms. 1224.25 Employee dressing rooms and lockers
Amended existing language to clarify that the lockers must be separate from the toilet room and not within it.
1224.28.2.1 Procedure room and 1224.28.2.3 Equipment space Amended existing language to update “x-ray” to “imaging” equipment.

15 1224.28.4.8 Imaging equipment room
Amended existing language for the imaging equipment room to align with other imaging equipment room annotations.
1224.28.4.12 Staff changing areas
Amended existing language to clarify that both male and female staff changing areas are required as interventional procedures are equivalent to surgery and have the same changing requirements.
1224.28.5.2 Control room
Added new language to allow cameras to be used for patient observation in hybrid operating rooms as the configuration of the rooms may prevent full patient visibility within the equipment bore from within the control room. 1224.28.5.5.2 iMRI
Corrected reference pointer in Item 3 of 1224.28.5.5.2 to indicate that the anteroom must comply with Section 1224.18.4.2, Item 2.
1224.28.5.5.3 Vascular imaging
Corrected reference pointer to indicate that hybrid operating rooms with vascular imaging systems must comply with Section 1224.18.4.
1224.29.1.12 Medication station
Added to existing language to clarify that refrigerated storage is required for the medication station in an ICU.
1224.29.1.13 Airborne infection isolation room
Amended existing language to clarify that ICU units that are protected environments do not require airborne infection isolation rooms as all rooms are already negative pressure.
1224.29.2 Newborn intensive care units (NICU)
Amended existing language to clarify that the headwall in a NICU does not need to be 13 feet long as in an ICU. This would force the NICU bed spaces to be much larger than needed.
1224.30 Pediatric and Adolescent Unit
Amended existing language to align with Title 22 language for pediatric and adolescent units, and clarified that both an exam room and a treatment room are required in or adjacent to the pediatric unit.
1224.31.1.1 General
Amended existing language to clarify that the requirements for a psychiatric nursing unit in Section 1224 is for a psychiatric medical unit and Section 1228 is for a psychiatric ambulatory unit.

16 1224.31.1.10 Occupational therapy
Amended existing language to remove the requirement for an area for teaching daily living activities.
1224.31.1.17 Administrative center(s) or nurse stations(s) Added new language to state that a nurse station can be no further than 90 linear feet from the furthest patient room doorway. This is a Title 22 requirement for a medical psychiatric unit which was not currently in the building code.

Chapter 14 – Exterior Walls
California Energy Commission
1404.3.3 California Energy Code and International Energy Conservation Code Climate Zones
Amendment added to prevent confusion between climate zones identified in ICC model codes and climate zones identified in the California Energy Code and to crossreference Table 1202.3.1, which describes the differences between these codes.

Chapter 16 – Structural Design
Office of Statewide Health Planning and Development
1605.2 (Formerly 1605.3.2) Alternative allowable stress design load combinations
Added variable load requirement for the alternative allowable stress design load combinations for OSHPD 1R, 2B and 5.

Table 1613.2.3(1) and Table 1613.2.3(2)
Amendment language for Site Class E (Table 1613.2.3(1) only) and Footnote C to be consistent with ASCE 7-16 Supplement 3 as amended in CBC Chapter 35.

Division of the State Architect
1617.3.2 Alternative allowable stress design load combinations Added variable load requirement where the alternative allowable stress design load combinations of Section 1605.2 are used.

Chapter 16A – Structural Design
Division of the State Architect and
Office of Statewide Health Planning and Development
Updates, clarifications and revisions to ASCE 7 standards: Seismic ground motion values, response modification coefficient; Two-Stage Analysis Procedure; Horizontal and Vertical Irregularities for Seismic Design Categories; Foundation connections; Wall, Roof or Floor Hung Equipment; Provisions for piping and tubing systems.

17 1605A.2 Alternative allowable stress design load combinations Added a variable load requirement for the alternative allowable stress design load combinations.

Table 1613A.2.3(1) and Table 1613A.2.3(2)
Amendment language in Site Class E (Table 1613.2.3(1) only) and footnote C to be consistent with ASCE 7-16 Supplement 3 as amended in CBC Chapter 35. 1617A.1.3 ASCE 7, Section 11.4
Modifications to ASCE 7 including an amendment added to adopt ASCE 7-16 Supplement 3 which updates various subsections in ASCE 7-16 Section 11.4 to the seismic ground motions values.
1617A.1.5 ASCE 7, Section 12.2.3, 12.2.3.1, and 12.2.3.2 Amended to incorporate the ballot change proposals related to combining of different lateral force resisting systems and the Two Stage Analysis Procedures that passed main committee ballot of ASCE 7-22. Some of these amendments will need to be deleted when ASCE 7-22 is adopted to avoid duplication. 1617A.1.10 ASCE 7, Section 12.3.3.1
Exception 2 added to address structures having a horizontal structural irregularity Type 1b of Table 12.3-1.
1617A.1.16 ASCE 7, Section 12.13.9.2
Clarification added that lateral building response including seismic load combinations do not need to be considered concurrently with differential settlements for shallow foundations on liquefiable sites, and to clarify that force demands due to differential settlements are not required to be additive to the seismic earthquake demands.
1617A.1.18 ASCE 7, Section 13.1.4
This section applying to different types of equipment is now being co-adopted by DSA with varying weight requirements. Wall, Roof or Floor Hung Equipment requirements added by both DSA and OSHPD.
1617A.1.27 and 1617A.1.28
Clarification added that minimum horizontal acceleration requirement is an allowable stress design load.

Chapter 17 – Special Inspections and Tests
Office of Statewide Health Planning and Development
1705.3.9 (formerly 1705.19) Shotcrete and 1705.3.9.1 (formerly 1705.19.1) Visual examination for structural soundness of in-place shotcrete Existing amendments about shotcrete inspections and tests relocated to Section 1705.3 that addresses concrete construction.

18 1705.3.9.2 Preconstruction tests
ICC deleted requirements for shotcrete from the model code Section 1908 as they are now incorporated in referenced standard ACI 318-19, so OSHPD added new section 1705.3.9.1 to incorporate requirements previously located in an amendment to Section 1908A.10.2 and model code Sections 1908.4.1 and 1908.5.

Chapter 17A – Special Inspections and Tests
Division of the State Architect and
Office of Statewide Health Planning and Development
1705A.3.9 (formerly 1705A.19) Shotcrete and 1705A.3.9.1 (former 1705A.19.1) Visual examination for structural soundness of in-place shotcrete Existing amendments about shotcrete inspections and tests relocated to Section 1705.3 that addresses concrete construction.
1705A.3.9.2 Preconstruction tests
ICC deleted requirements for shotcrete from the model code Section 1908 as they are now incorporated in referenced standard ACI 318-19, so OSHPD added new section 1705.3.9.1 to incorporate requirements previously located in amendment to Section 1908A.10.2 and model code Sections 1908.4.1 and 1908.5. 1705A.8.1 Micropile tests and 1705A.9.1 Helical pile tests Added preproduction and production load tests requirements. 1705A.13.5.2 Structural sealant glazing and 1705A.14.2.1 Structural sealant glazing testing
Added testing, manufacturer’s certification, and special inspection requirements.

Chapters 18 and 18A – Soils and Foundations
Division of the State Architect and
Office of Statewide Health Planning and Development
Amendments regarding construction documentation, seismic designs of precast concrete piles and corrosion protection throughout Chapters 18 (OSHPD only) and 18A (OSHPD and DSA) are to correspond with revisions and updated references in model code regarding OSHPD and DSA occupancies and compliance to ACI 318 and ASCE 7.

Chapter 19 – Concrete
Office of Statewide Health Planning and Development
1901.3.4 Tests for post-installed anchors in concrete and 1901.3.4.3 Test frequency
OSHPD 2A excluded from the scope of Section 1901.3.4. Exception added for OSHPD 2B to clarify that for in-state detention and correctional facilities, tension

19 testing is not required for post-installed anchors used for attaching nonstructural components under certain circumstances.
1905.1.7 ACI 318, Section 14.1.4
Amendment to ACI 318 has been revised to not permit plain concrete in place of required longitudinal reinforcing of footings in Seismic Design Categories D, E and F.
1908 Shotcrete
The model code has repealed all shotcrete requirements in favor of those contained in the new version of the adopted material standard ACI 318-19, so some amendments have been relocated to Section 1905 or 1705 and amendments were added to coordinate with the updated standards.

Division of the State Architect
1909.2.8 Flat wall insulating concrete form (ICF)
Amendment to facilitate the enforcement of code and industry standards where appropriate based on unique aspects of ICF construction. 1909.3 Modifications to ACI 318 and 1909.4 Shotcrete
Existing amendments revised as necessary to coordinate with the new version of the adopted material standard ACI 318-19. The 2021 IBC repealed shotcrete requirements in deference to requirements contained in the adopted material standard ACI 318-19, so continued DSA amendments associated with the repealed model code language are relocated to amend the applicable sections.

Chapter 19A – Concrete
Division of the State Architect and
Office of Statewide Health Planning and Development
1903A.4 Flat wall insulating concrete form (ICF) systems Amendment to facilitate the enforcement of code and industry standards where appropriate based on unique aspects of ICF construction (DSA only). 1905A.1.3 ACI 318, Section 9.6.1.3
Amendment to allow the minimum steel reinforcement limit given in the adopted material standard ACI 318-19 to apply to foundation members resisting seismic loads designed for load combinations, including the overstrength factor.

Sections 1905A.1.15, 1905A.1.16, 1908A
The 2021 IBC has repealed shotcrete requirements in deference to requirements contained in the adopted material standard ACI 318-19 so continued DSA amendments associated with the repealed model code language are relocated to amend the applicable sections.

20 1910A.5.3 Test frequency
Exception added for OSHPD 4 to clarify that in state detention and correctional facilities, tension testing is not required for post-installed anchors used for attaching nonstructural components under certain circumstances (OSHPD only).

Chapter 21 – Masonry
California Energy Commission
2109.2.4.8.2 Vapor permeance
Amendment added with specific reference to Table 1202.3.1 to distinguish between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.

Division of the State Architect
2115 Additional requirements for community colleges
Existing amendments in sections 2115.5, 2115.6, 2115.7 and 2115.9 revised as necessary to align with changes DSA and OSHPD made in sections 2104A.3, 2105A.2 and 2106A.1, and changes OSHPD made in 2104.2, 2105.2 and 2106.1. All the above-mentioned amendments in Chapters 21 and 21A have been made to provide better clarity and alignment with TMS 402/602.

Office of Statewide Health Planning and Development
Sections 2101, 2103, 2104, 2105, 2106, 2107 and 2108
Added a new occupancy classification OSHPD 2B to address skilled nursing and intermediate care facilities to distinguish application to care facilities other than OSHPD 2A regarding grout pours, approved masonry admixtures and quality assurance measures. Revisions also made to the existing amendments to provide better clarity and alignment with TMS 402/602.
2103.4 Metal reinforcement and accessories
Amendment added clarifying that unidentified reinforcement also includes bar reinforcement without mill certification.
2103.5 Air entrainment
Amendment repealing the use of air-entraining materials or air-entraining admixtures in masonry grout.

Chapter 21A – Masonry
Division of the State Architect and
Office of Statewide Health Planning and Development
2103A.4 Metal reinforcement and accessories
Amendment added clarifying that unidentified reinforcement also includes bar reinforcement without mill certification.

21 2103A.5 Air entrainment
Amendment repealing the use of air-entraining materials or air-entraining admixtures in masonry grout.
2104A Construction, 2105A Quality assurance, 2106A Seismic design, 2107A Allowable stress design and 2108A Strength design of masonry Revisions to existing amendments including relocation to other sections that modify associated sections in TMS 402 and 602 and adding amendments to provide better clarity and alignment with the referenced standards.

California Energy Commission
2109.2.4.8.2 Vapor permeance. Exception
Amendment to distinguish between climate zones identified in ICC model codes and climate zones identified in the California Energy Code, and to cross-reference Table 1202.3.1 that describes the differences between these codes.

Chapter 24 – Glass and Glazing
Division of the State Architect and
Office of Statewide Health Planning and Development
2410 Structural sealant glazing (SSG)
OSHPD 2A facilities excluded from the scope of Section 2410. 2410.1.2 Testing and inspection
In Item 1, the reference to ASCE 7 Section 13.5.9.2 is removed for clarity, as the language contradicts the requirements of Item 1 by allowing engineering analysis in lieu of testing. DSA added an exception to reduce testing requirements for Risk Category I, II, and III buildings within DSA-SS and DSA-SS/CC authority where the prevention of glass fallout is not dependent on the structural sealant in two-sided configurations.

Chapter 25 – Gypsum Board, Gypsum Panel Products and Plaster California Energy Commission
2510.6.3 California Energy Code and International Energy Conservation Code Climate Zones
Amendment with reference to Table 1202.3.1 pertaining water-resistive barriers and applicability of climate zone criteria to distinguish between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.

22 Chapter 27 – Electrical
State Fire Marshal
Section 2702 Emergency and Standby Power Systems
[F] 2702.1.2 Fuel-line piping protection
Added new Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access to the section.

Chapter 31 – Special Construction
California Building Standards Commission
3109.2 California swimming pool safety act (statewide)
Amended to reflect Senate Bill 1078, Statutes of 2018.

Department of Housing and Community Development
3115 Intermodal Shipping Containers, Exception 5
Adopted IBC Section 3115 and added an amendment to clarify that the use of shipping containers constructed or converted off-site that qualify as Factory-built Housing pursuant to HSC Section 19971 or Commercial Modular(s) pursuant to HSC Section 18001.8, must be approved by HCD.

State Fire Marshal
3111.3.5 Elevated photovoltaic (PV) support structures and 3111.3.5.1 PV panels installed over open grid framing or non-combustible deck Amendment establishing appropriate fire testing and listing criteria for overhead photovoltaic (PV) support structures that could have people or vehicles in the space beneath them.

Division of the State Architect
3115 Intermodal shipping containers
Added regulations regarding the use of shipping containers.

Chapter 31B – Public Swimming Pools
Department of Housing and Community Development
Chapter 31B Public swimming pools
Adopted as applicable to swimming pools which are permanent accessory structures in Mobilehome Parks (MHP) and Special Occupancy Parks (SOP). The adoption provides health and safety standards similar to those for public pools outside of MHPs and SOPs.

23 Chapter 35 – Referenced Standards
Division of the State Architect and
Office of Statewide Health Planning and Development
Amendments to update the edition of various referenced standards including but not limited to AAMA 501.4, AAMA 501.6, ACI 355.2 and ACI 355.4. Add amendment to adopt Supplements 2 and 3, in addition to Supplement 1 of ASCE/SEI 7-16. Add amendments to adopt 506.4R-94 and 506.6T-17 for facilities within OSHPD authority.

State Fire Marshal
ASTM F2374 Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices
Added provisions for inflatable amusement devices.

Several updates to NFPA referenced standards including NFPA 10-21, 13-22, 13D22, 13R-22, 24-19, 37-18, 54-18, 72-22, 111-19, 130-20, 289-19, 502-20 to follow 2021 IBC model code revisions and to align with state laws and regulations based on California specific topographical, climatic and geological issues.

NFPA 13-22 Installation of Sprinkler Systems
Corrections made to the referenced standard to resolve conflicts in requirements for positive alarm features and pre-signaling devices in I-2 and R2.1 occupancies affected by CBC Section 1008.3.2 regarding signaling delay issues and emergency power and egress illumination.

NFPA 45-19 is deleted since it conflicts with CFC regulations.

NFPA 72-22 National Fire Alarm and Signaling Code
Corrections made to the referenced standard to resolve conflicts in requirements for positive alarm features and pre-signaling devices in I-2 and R2.1 occupancies affected by CBC Section 1008.3.2 regarding signaling delay issues and emergency power and egress illumination.

24 CALIFORNIA RESIDENTIAL CODE – PART 2.5
Chapter 1 – Scope and Application
Building Standards Commission
R105.5.1 [Permit] Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Statutes of 2018), which became operative January 1, 2019 and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.

CBSC Information Bulletin 19-03 regarding permit expiration dates was issued May 23, 2019 to local building departments, state agencies and CBSC interested parties.

State Fire Marshal

1.11.1 Specified State-occupied Buildings
New definition with 11 criteria has been added in response to Senate Bill 85 (Chapter 31, Statutes of 2019) that required the State Fire Marshal to provide a more accurate definition.

Chapter 2 – Definitions
State Fire Marshal
Added new DEFINITIONS to support 2022 code changes: Child Care; Exterior Wall Assembly; Exterior Wall Covering; Inflatable Amusement Device; Photovoltaic (PV) Panel System, Ground Mounted; Photovoltaic (PV) Support Structure, Elevated; Toddler; Wildland-Urban Interface (WUI).

Chapter 3 – Building Planning
Department of Housing and Community Development
R301.2.2.10 Anchorage of water heaters
Repealed model code language about seismic design categories and replace references to IRC sections not adopted in California with reference to CPC.

R320.2 Live/work units
Amendment to correct references to CBC Chapters 11A and 11B for accessibility requirements.

25 R327 Aging-in-place design and fall prevention
Added new section that replaces IRC Section 327, Swimming Pools, Spas and Hot Tubs. Added to address specific aging-in-place design elements in new residential construction to facilitate access to operational features and to allow people to stay longer in their homes as they age.

State Fire Marshal
R310.1 Emergency escape and rescue opening required
Repealed language that conflicts with the CFC and California Code of Regulations, Title 19, Public Safety.

R313.3.2 Sprinklers
Amended existing California amendment to add dry pipe sprinkler.

R324.8 Elevated photovoltaic (PV) support structures, R324.8.1 and R324.8.2 Added new sections to establish appropriate fire testing and listing criteria for overhead photovoltaic (PV) support structures that could have people or vehicles in the space beneath them.

Figure R328.8.1 ESS vehicle impact protection
Added to illustrate the zones in which a typical residential garage Energy Storage System (ESS) installation would trigger the need for impact protection.

R328.8.2 Other locations subject to vehicle impact
Added to address other-than-garage locations that may also have vehicle access, such as residential driveways, and allows some flexibility to the AHJ and installer for larger, non-typical, or custom residential garages where the normal path of vehicle travel falls outside of the area defined in R328.8.1.

R328.8.3 Impact protection options
Added to define an impact protection area and set the expectation that the barriers are intended to deflect, resist or visually deter an impact. This language matches Section 312.3 in the IFC.

R336.2. Health and Safety Code Section 1597.46
Amendment to comply with changes made to the California Health and Safety Code (HSC) by Senate Bill 234 (Chapter 244, Statutes of 2019) regarding large family day-care homes. The revised HSC Section 1597.46 is printed in this section.

R336.6 Compliance
The paragraph regarding enforcement of HSC Sections 13145 and 13146 is repealed to comply with SB 234 (Chapter 244, Statutes of 2019).

R337.2 Definitions
APPLICABLE BUILDING Added to define an applicable building relative to the regulations of Chapter 7A.

26 EXTERIOR WALL ASSEMBLY and EXTERIOR WALL COVERING Added to distinguish between different exterior wall products in Section 707 of the California Building Code.

FIRE PROTECTION PLAN Modified existing definition to provide a reference pointer to CFC Chapter 49 for Wildland-Urban Interface (WUI) Fire Area requirements.

FIRE-RESISTANT VEGETATION Add new definition of plants less likely to ignite, contribute heat or spread flame. Also provides a list of resources for more information about these types of plants.

IGNITION-RESISTANT MATERIAL Revised because SFM Standard 12-7A-5 has been repealed and rendered obsolete.

LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE Repealed existing definition.

R337.6.2.1 Off ridge and ridge vents
Repealed language regarding vents mounted on a vertical surface that has been incorporated into CBC Section 706A.2 requirements. The new language in R337.6.2.1 allows for a compliance path for off ridge and ridge vents to be used in the wildland urban interface, with protections against ember intrusion.

R337.7.3 Exterior wall coverings and R337.7.3.1 Exterior wall assembly Separated into two sections.

R337.7.4 Exterior wall assemblies and R337.7.4.1 Conditions of acceptance when tested in accordance with ASTM E2707
Revised language to clarify that the fire resistance rating for the newly defined “exterior wall assemblies” is consistent with exterior wall coverings in Section R337.7.3.

R337.10.4 Roof construction
Revised language to clarify that when an accessory building is required to be constructed of noncombustible materials or of ignition-resistant materials, its roof must meet Class A fire rating.

Chapter 4 – Foundations
Department of Housing and Community Development
R408.3 Unvented crawl space
Repealed amendment regarding crawl space perimeter wall insulation and reference to the California Energy Code.

27 California Energy Commission
R408.8 Under-floor vapor retarder
New Note with a specific reference to Table R702.7(5) in this section regarding the applicability of vapor retarders and insulation with respect to the difference between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.

Chapter 7 – Wall Covering
Department of Housing and Community Development
R702.7.1 Class III vapor retarders
Repealed amendments pertaining to the California Climate Zones relative to vapor retarders for interior wall coverings. The California Energy Commission amended sections specific to climate zones in CRC Chapters 4, 7, 8, and Appendix AS and in the California Energy Code.

California Energy Commission
R702.7.2 California Energy Code and International Energy Conservation Code Climate Zones.

New section with a specific reference to Table R702.7(5) pertaining to the use spray foam plastic insulation and the difference between the applicability of climate zones identified in ICC model codes and the climate zones identified in the California Energy Code.

Table R702.7(5) IECC vs. California Energy Code Climate Zone Comparison New Table depicting specific differences between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.

Chapter 8 – Roof-Ceiling Construction
California Energy Commission
R806 Roof Ventilation, Note
Informational Note added to the section with specific reference to Table R702.7(5) regarding the applicability of energy efficiency measures and to reinforce the difference between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.

State Fire Marshal
R806.1.1 Vents in the Wildland Urban Interface (WUI)
Amended to ensure that where vents are provided in WUI areas, they are required to be protected from the intrusion of burning embers and flame.

28 Chapter 9 – Roof Assemblies
State Fire Marshal
R902.1.2 Roof coverings within state responsibility areas This existing amendment is repealed to correlate with CBC Chapters 7A and 15 for roof coverings in WUI areas.

Chapter 44 – Referenced Standards
State Fire Marshal
ASTM F2374
Added to address safety requirements for inflatable amusement devices also known as “bounce houses,” and to correlate with the type of devices covered by IFC requirements.

UL 9540-2020
Modifies the existing standard. The second edition of UL 9540 has new requirements that limit the maximum energy capacity of individual nonresidential electrochemical Energy Storage Systems (ESS) to 50 kWh with certain exceptions.

UL 9540A-Edition 4 2019
Modified the existing California amendment to correlate with other updates and new regulations regarding battery ESS.

Appendix AS – Strawbale Construction
California Energy Commission
Appendix AS – Strawbale Construction
Informational Note added to the appendix title heading with specific reference to Table R702.7(5) regarding the applicability of energy efficiency measures and to reinforce the difference between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.

Department of Housing and Community Development
Amended this appendix to repeal references to climate zones and the California Energy Code.

29 Appendix AX
Building Standards Commission
Swimming Pool Safety Act
Amended the note under the title to reflect this law is mandatory, not optional for local adoption. To align with the CBC, Chapter 31, Appendix AX section numbers were reformatted to reflect the numbering used in HSC 115920 through 115929.

30 CALIFORNIA ELECTRICAL CODE – PART 3
California Energy Commission
Sections of the California Electrical Code were amended by CEC to assist code users by identifying additional applicable energy efficiency-based electrical requirements in the California Energy Code that are applicable to the following systems:
• Electrical power distribution systems.
• Panelboards in single-family and multifamily buildings • Heat pump water heaters, electric cooktops, electric clothes dryers and their electric readiness in single-family and multifamily buildings • Electrical requirements for energy storage systems (ESS) and their electric readiness in multifamily buildings
Part 3 Chapter Sections
Chapter 1 89.101.8.2
Chapter 4 408.2(A), 408.2(B), 422.3(A),
422.3(B), 440.3(E), 440.3(F)
Chapter 7 706.10
Housing and Community Development

90.2 Scope
New amendment to avoid conflict with text in Section 89.101.3.3 regarding installations in ships, watercraft other than floating dwelling units, railway rolling stock, aircraft, automotive vehicles, commercial coaches, mobile homes and recreational vehicles.

State Fire Marshal
620.71 Guarding Equipment
Repealed California amendment that prohibited the installation of an elevator motor controller and/or motion controller in the hoistway.

Office of Statewide Health Planning and Development
110.2 Approval
Defined new requirements for equipment that must be satisfied in order to be approved by OSHPD for use.
110.26 Spaces About Electrical Equipment. (C) Entrance to and Egress from Working Space. (3) Personnel Doors
Amendment to reference the CBC for additional exit door requirements for electrical equipment room rated 800-amperes or more.

31 404.4 Damp or Wet Locations. (C) Switches in Tub or Shower Spaces Amendment to reduce the restriction distance for the installation of receptacles from five feet to three feet horizontally. This aligns with model code language in Section 406.9(C).
517.30 Sources of Power. (B) Types of Power Sources. (3) Battery Systems Amendment to allow battery systems to be used as an alternate power source. 517.32 Branches Requiring Automatic Connection. (A) Life Safety and Critical Branch Used in a Type 1 EES
Restore the 10-second restoration time for Type 1 life safety and critical branches. 517.34 Critical Branch. (A) Task Illumination, Fixed Equipment, and Selected Receptacles
Amendment for imaging equipment used for diagnostic services of emergency/trauma patients to be powered by the critical branch or equipment branch.
517.44 Connection to Equipment Branch. (B) Delayed Automatic or Manual Connection to the Equipment Branch. 517.44.1 [OSHPD 2, 4 & 5] Connection to Equipment Branch
Amendment to restore the requirement that Type 2 EES equipment branch load listed in Section 517.44(A) must automatically restore to operation at appropriate time-lag intervals following the energization of the life safety branch. 517.123 [OSHPD 1, 2, 3, 4 & 5] Call Systems
(A) General. Added references to the CBC’s applicable sections for nurse call systems.
(C) Bath Stations. Changed the mounting height requirements for nurse call system “bath station” devices located at the patient toilets.
700.12 General Requirements. (C) Storage Battery
Amendment to require a storage battery system used as an alternate power source to have the equivalent capacity and operating duration as an equivalent generator set operating on an on-site fuel supply.

32 CALIFORNIA MECHANICAL CODE – PART 4
Chapter 1 – Scope and Application
Building Standards Commission
104.4.3.1 Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Chapter 655, Statutes of 2018), which became operative January 1, 2019 and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.

CBSC Information Bulletin 19-03 regarding permit expiration dates was issued May 23, 2019 to local building departments, state agencies and CBSC interested parties.

State Fire Marshal

1.11.4.4 Fire Clearance Preinspection and 1.11.4.5 Care Facilities Updated to meet Health and Safety Code Section 13244 and to align with other parts of Title 24 regarding fee structures for Fire Clearance Pre-inspection and Care Facilities.

1.11.6 Certificate of Occupancy
Updated to correlate with the requirements for certificate of occupancy in the CBC.

California Energy Commission
Section 1.1.8 California Energy Code Requirements for Locally Adopted Energy Standards
Amendment clarifies that “local jurisdictions that adopt changes to energy conservation or insulation standards (including energy efficiency measures) may not enforce such changes until the California Energy Commission has made the findings required by Public Resources Code Section 25402.1(h)(2), following the process specified in Section 10-106 of the California Administrative Code.”

33 Chapter 2 – Definitions
Office of Statewide Health Planning and Development
228.0 Z
ZONE [OSHPD 1, 2, 3, 4 & 5]
New code section has been added. OSHPD has added the definition of Zone to OSHPD 1, 2, 3, 4 & 5 to specify the meaning of this term within Part 4 and reduce confusion.

Chapter 3 – General Regulations
Department of Housing and Community Development
311.2 Air Filters
Repealed amendment in the exceptions referencing the California Energy Code, since the California Energy Commission included this amendment in their rulemaking.

California Energy Commission
Section 311.5 California Energy Code Requirements for Residential Air Filtration
New code section added pointers specifying requirements for outdoor air delivery to occupied spaces where specified in California Energy Code Sections 150.0(m)12 and 160.2(b).

Chapter 4 – Ventilation Air
Building Standards Commission
402.1 Occupiable Spaces
Repealed amendment in the exceptions referencing the California Energy Code, since the California Energy Commission included this amendment in their rulemaking.

Department of Housing and Community Development
405.3 Bathroom Exhaust
Amendment providing a reference pointer to CALGreen (Part 11 of Title 24), Division

4.5, Environmental Quality.

Office of Statewide Health Planning and Development
407.5.1.3 Variable Air Volume
Amendment clarifies that spaces with pressure requirements per Table 4-A shall utilize an automatic modulating damper in the return or exhaust air for each space and that the damper will modulate from full open to minimum position in conjunction with the supply air VAV terminal equipment.

34 407.6 Economizers
New code section requires that systems with economizers shall include modulating relief and/or return fans to ensure compliance with the pressure requirements of spaces listed in Table 4-A.
420.0 Air Distribution Devices [OSHPD 1, 2, 3, 4 & 5]
New code section requires all air distribution devices and supply air outlets meet ASHRAE 170-2013, Section 6.7.2 and Table 6.7.2. This is consistent with other regulations that address prevention measures to abate disease-causing microorganisms within mechanical systems.

Chapter 6 – Duct systems
Department of Housing and Community Development
601.2 Sizing Requirements
Repealed amendment in the exceptions referencing the California Energy Code, since the California Energy Commission included this amendment in their rulemaking 603.10.1.1 Duct Leakage Tests for Residential Buildings Repealed amendment in the exceptions referencing the California Energy Code, since the California Energy Commission included this amendment in their rulemaking.

California Energy Commission
Section 601.2.1 California Energy Code Residential Return Duct Sizing Requirements
New code section applicable to new construction and alterations with pointers to California Energy Code Tables 150.0-B and 150.0-C to specify return duct sizing requirements for single return and multiple return duct systems, respectively. 603.9.2.1 Duct Leakage Tests for Buildings that Meet Air Distribution System Duct Leakage Sealing Criteria in Title 24, Part 6
New code section with pointers to the California Energy Code applicable to singlefamily and multifamily buildings, hotels/motels and nonresidential buildings.

Chapter 9 – Installation of Specific Appliances
Department of Housing and Community Development
911.2.2 In Manufactured Homes and 912.1 1 Prohibited Installations and Exception
HCD does not adopt model code sections 911.2.2 and 912.1.1 to avoid possible conflict and to properly align with CCR, Title 25, and HSC Section 18025 regarding references and standards incorporated by reference for construction of manufactured homes, including decorative gas appliances for installation in fireplaces. HCD has reserved these sections accordingly.

35 Chapter 11 – Refrigeration
State Fire Marshal
1104.6 Applications for Human Comfort and for Nonindustrial Occupancies Exceptions 1 and 2 added to allow the use of A2L refrigerant in specific selfcontained factory sealed air conditioning units.

Chapter 12 – Hydronics
Department of Housing and Community Development
1217.5.2 Insulation, 1217.7 Wall and Ceiling Panels and 1220.4.5 Insulation HCD repealed amendments in the exceptions referencing the California Energy Code, since the California Energy Commission included this amendment in their rulemaking for insulation requirements for concrete radiant flooring heated slabs, pipe insulation, and concrete snow melt heated slab floors.

California Energy Commission
1217.7.1 California Energy Code Pipe Insulation Requirements New code section to reference the California Energy Code Sections 150.0(j)2 and 120.3(c) for pipe insulation requirements based on fluid temperature and pipe diameter. Also, where California Energy Code Table 120.3-A specifies insulation greater than R-12, the higher value is required.
1220.4.5.1 California Energy Code Insulation Requirements for Heated Slab Floors
New code section to reference the California Energy Code Section 110.8(g) and Table 110.8-A for additional insulation requirements for heated slab floors. Also, a higher level of insulation is required for Climate Zone 16, and more detailed requirements for installing insulation are specified in all climate zones.

36 CALIFORNIA PLUMBING CODE – PART 5
Chapter 1 – Scope and Application
Building Standards Commission
R105.5.1 [Permit] Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Chapter 655, Statutes of 2018), which became operative January 1, 2019 and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.

CBSC Information Bulletin 19-03 regarding permit expiration dates was issued May 23, 2019 to local building departments, state agencies and CBSC interested parties Chapter 4 – Plumbing Fixtures and Fixture Fittings
Building Standards Commission
412.1.4.1 Nonwater Urinals with Drain Cleansing Action
Changed the term from “Urinals, Hybrid.”
Building Standards Commission and Division of the State Architect Table 4-1 Occupant Load Factor
Co-adopted with BSC, who made the changes during the 2019 Intervening Code Adoption Cycle.
422.1 Fixture count and Table 422.1
Co-adopted with BSC to permit an alternate Table 4-1 (replaced Table A) as an exception which can be used if the jurisdiction has adopted it. In the 2019 edition of the CPC, DSA inadvertently omitted the language. DSA co-adopted the BSC amendment in the statement at the top of Table 422.1 to allow usage of Table 4-1 as an alternate for calculations.

Table A/Table 4-1
Table A is superseded by Table 4-1 which incorporates numerous additions, deletions and revisions for determining plumbing fixture count minimums.

37 California Energy Commission
401 General
Amended to prevent confusion regarding the interaction between standards for plumbing fixtures and fittings subject to regulation as water-using appliances, and standards for plumbing systems specified in adopted model code language.

Chapters 5 and 6 – Water Heaters and Water Supply and Distribution California Energy Commission
501 General and 609.12 Residential Fire Sprinkler Systems Amended to assist readers of the CPC by identifying additional energy efficiency requirements applicable to water heating systems and pipe insulation.

Chapter 6 – Water Supply and Distribution
State Fire Marshal
612.2 through 612.7.2 Water Supply and Distribution
Removed residential fire sprinkler systems from California Plumbing Code, and comply with California Residential Code and California Fire Code.

Chapter 13 – Health Care Facilities and Medical Gas and Vacuum Systems Office of Statewide Health Planning and Development
1304.1.1 [OSHPD 1, 1R, 2, 3, 4 & 5]
Added a reference to the California Fire Code Chapter 80. 1304.1.2 [OSHPD 1, 1R, 2, 3, 4 & 5]
New exception that a medical gas source system serving only an OSHPD 1R or 3 building may be located within it.

Chapter 15 – Alternate Water Sources for Nonpotable Applications Department of Water Resources
1505.1 General
Amended this section to clarify the applicability of Section 1505 to landscape irrigation systems using recycled water.
1505.4 Connections to Potable or Recycled Water Supply Systems – Exception (4)
Added an exception for the use of a swivel ell or changeover device to supply potable water to a dual-plumbed system during an interruption in recycled water service.

38 Chapter 17 – Referenced Standards
Office of Statewide Health Planning and Development
Table 1701.1
Added ANSI/AAMI reference standard for water treatment equipment for hemodialysis applications.

39 CALIFORNIA ENERGY CODE – PART 6
Please visit the California Energy Commission’s website for Part 6 updates. energy.ca.gov/programs-and-topics/programs/building-energy-efficiencystandards/online-resource-center/overview

40 CALIFORNIA FIRE CODE – PART 9
Overview
State Fire Marshal
The Office of the State Fire Marshal (SFM) has authority for the building standards in the California Fire Code (CFC). Unless otherwise noted, all updates noted in this section were made by SFM.

The bulk of amendments regarding Energy Storage Systems (ESS) occur in Chapters 1, 2, 9, 12 and Chapter 80, Referenced Standards. SFM repealed California ESS Intervening Code Adoption Cycle amendments and definitions that were early adopted ICC provisions in the 2019 Intervening Code Adoption Cycle, then adopted and replaced with unamended 2021 International Code Council (ICC) model code provisions in several chapters.

The bulk of amendments regarding Type IV construction—tall wood/mass timber and cross-laminated timber—occur in Chapter 7 Section 701.6, Chapter 9 Section 914.3.1.2, and Chapter 33 Section 3303.5, based on changes in model code. SFM repealed California tall wood/mass timber amendments that were early-adopted ICC provisions in the 2019 Intervening Code Cycle, then adopted and replaced with unamended 2021 ICC model code provisions.

Part 9 Chapter Sections
Chapter 2 202 Definitions
MASS TIMBER (CA amended defined term remains)
Chapter 7 Section 701 General
701.6 Owners responsibility (Updated model code
references)
Chapter 9 Section 914 Fire Protection Based on Special Detailed Requirements of Use and Occupancy
914.3.1.2 Water supply to required fire pumps. (CA
amendment remains)
Chapter 33 Section 3303 Owners Responsibility for Fire Protection. 3303.5 (Adopted model code section and repealed
California Section 3308.9)
Chapter 1 – Scope and Application
Building Standards Commission
R105.5.1 [Permit] Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This

41 amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Chapter 655, Statutes of 2018), which became operative January 1, 2019 and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.

CBSC Information Bulletin 19-03 regarding permit expiration dates was issued May 23, 2019 to local building departments, state agencies and CBSC interested parties.

State Fire Marshal

1.11.1 Scope Specified state-occupied buildings
New definition with 11 criteria has been added in response to Senate Bill 85 (Chapter 31, Statutes of 2019) that required the State Fire Marshal to provide a more accurate definition.

1.11.6 Certificate of Occupancy
Amendment referencing CBC Section 105.2 to clarify work exempt from permitting requirements.
105.6.53 Lithium batteries
Amendment to require an operational permit for an accumulation of more than 15 cubic feet of lithium-ion and lithium metal batteries and storage shall comply with new amendments in CFC Section 322.

Chapter 2 – Definitions
CHILD CARE Added a new defined term for child care that is consistent with Title 22 (Social Security) of the California Code of Regulations.

DAY-CARE Amended the defined term day-care to specify the time period for the care of persons is not to exceed 24 hours, and is to be consistent with Title 22.

INFLATABLE AMUSEMENT DEVICE New defined term to specify characteristics of inflatable structures that need to be properly constructed and anchored.

MOBILE FOOD PREPARATION VEHICLES Repealed this term to align with California Code of Regulations Title 25, Housing and Community Development. See Chapter 3 changes below.

PHOTOVOLTAIC (PV) PANEL SYSTEM, GROUND-MOUNTED New defined term to be consistent with references in CBC Chapters 16 and 31, CRC Chapter 3 and CFC Chapter 12.

PHOTOVOLTAIC (PV) SUPPORT STRUCTURE, ELEVATED New defined term for an elevated PV support structure designed with useable space underneath intended for secondary use such as providing shade for motor vehicle parking. Requirements for installation are addressed in CBC Chapters 15 and 16.

42 TODDLER New defined term to align with the legal definition of toddlers from Health and Safety Code Section 1596.55. By distinguishing age differences, officials will be able to classify the related occupancies based on social services’ classifications used for licensing.

Chapter 3 – General Regulations
User Note, Section 301.2 Permits and Section 319 Mobile Food Preparation Vehicles
Repealed model code and references to mobile food vehicles throughout the code to address concerns regarding conflicting jurisdiction requirements between Title 25 and the CFC.

Section 322 Storage of Lithium-ion and Lithium Metal Batteries Adopted new section to address safety requirements, as well as associated sections in Chapter 4 below.

Chapter 4 – Emergency Planning and Preparedness
403.10.6 Lithium-ion and lithium metal batteries and 403.10.6.1 Mitigation planning
Amendments in these sections address fire safety and emergency action regarding battery storage and mitigation planning in the event of thermal runaway.

Chapter 9 – Fire Protection and Life Safety Systems
Amendments in this chapter address nearly every subsection regarding every occupancy and SFM application.

SFM repealed several California amendments and adopted 2021 IFC model code language for automatic sprinkler systems, energy storage systems, explosion control, venting, and gas detection systems.

Major amendments were made to requirements for compliance with updated NFPA 72 standards in model code regarding solar photovoltaic power systems, portable fire extinguishers and gas detection systems.
907.2.6.4 Group I-4
New section to include the intent of the smoke detection requirements for Group I-4 occupancies with a reference to Section 436.1.
907.2.11.8 Specific location requirements
Modified to address the references based on changes to both the NFPA 72 Standard

29.11.3.4, and the model code regarding smoke alarms and smoke detection systems.

43 913.1 General
Amend the exception for automatic sprinkler pumps to correlate with the California Residential Code section R313.

Chapter 10 – Means of Egress
1032.2.1.2 Maintenance and 1032.2.1.3 Examination
Adjustments and revisions to address maintenance requirements for fire escapes that have been relocated to Section 1032.

Chapter 12 – Energy Systems
Sections 1202, 1203, 1204, 1205, 1206 and 1207
Repealed, renumbered, amended and carried forward existing amendments in Chapter 12 to adopt updated 2021 IFC model code language. 1207.11.7 through 1207.11.7.3
Section 1207.11.7
Amendments regarding specific appliances, ESS equipment and devices that need protection from impact in a clearly defined area in residential garages and carports.

Figure 1207.11.7.1
Added to illustrate the zones in which a typical residential garage ESS installation would trigger the need for impact protection, following prescriptive barrier and post designs.

Chapter 31 – Tents, Temporary Special Event Structures and Other Membrane Structures
3101.1 Scope
Carried forward existing amendments and added new amendment regarding temporary structures, water filled vessels and inflatable amusement devices. 3103.8.2 Location
Repealed the reference to Title 19 regulations regarding vehicle parking near tents. 3103.9.1 Water Filled Vessels
Amendment requiring the tent manufacturer to provide the documentation permitting use of water filled vessels for anchoring and securing their tents.

Section 3106 Inflatable Amusement Devices
Amendment requiring basic design and safety criterion in accordance with ASTM F2374 for inflatable amusement devices also known as “bounce houses.” Chapter 38 – Higher Education Laboratories
IFC Chapter 38 is omitted in its entirety to correlate with the California Building Code and amendments regarding the Group L occupancy.

44 Chapter 49 – Requirements for Wildland-Urban Interface (WUI) Fire Areas The WUI amendments to the CFC were developed through the Office of the State Fire Marshal WUI task group and collaboration with local fire departments, state agencies, building industry, testing labs, and stakeholders.

The user note under the Chapter 49 title is added to give the code user a general understanding and background information on the development process of the regulations and their application.
4902 Definitions
FIRE-RESISTANT VEGETATION New definition of plants less likely to ignite, contribute heat or spread flame. Also provides a list of resources for more information about these types of plants.

LOCAL RESPONSIBILITY AREA (LRA) Amended to be consistent with language used in rest of the WUI regulations.
4903 Plans
Added to grant authority to local fire officials to require building owners to provide a fire protection plan to mitigate the wildfire hazards that may exist based on a projectspecific wildfire hazard assessment that includes considerations of location, topography, aspect, and climatic and fire history.

The fire protection plan shall address fire department access, egress, road and address signage, water supply, fuel reduction and defensible space requirements in accordance with the California Public Resources Code.
4904.3 Local Agency Requirements
New amendment establishes requirements for local agencies to provide information to the public regarding the identification of very high fire hazard severity zones (VHFHSZ) within a 30-day period. Other new requirements in this subsection address local agency responsibilities and duties to develop fire severity zone maps accessible to the general public, as well as requirements to designate by ordinance VHFHSZ.

Section 4906 Vegetation Management
New amendments in this section include additional requirements for the development, identification and maintenance of the vegetation management zones adjacent to structures, as well as design criteria for specific types of fire-resistant and non-fire-resistant vegetation.
4908 Fire Safe Development Regulations & Section 4909 Subdivision Review Survey
New code sections added to comply with AB 2911 (Chapter 641, Statutes of 2018) which requires a survey of local governments every five years to identify existing subdivisions in the state responsibility area (SRA) or VHFHSZ without a secondary egress route. Subsections authorize the Board of Forestry and SFM-specified local

45 government bodies to make recommendations to include creating secondary access or access road improvements, among other options.
4910 General Plan Safety Element
Added to comply with AB 2911 (Chapter 641, Statutes of 2018) which requires cities and counties to adopt a comprehensive general plan with various elements including a safety element for protection of the community from unreasonable risks associated with various hazards, including wildfires.

Chapter 80 – Referenced Standards
Amended several referenced standards to correlate with model code revisions and new California amendments.

ASTM F2374
Added regarding provisions for inflatable amusement devices.

Appendix P – Community Wildland-Urban Interface (WUI) Fire Hazard Evaluation Framework
Although SFM does not adopt Appendix P statewide in the California Fire Code, when adopted by local jurisdictions and fire districts, this appendix is meant to be a tool to enable communities to collect, assemble and represent the associated risks within a WUI fire area.

46 CALIFORNIA EXISTING BUILDING CODE – PART 10
Chapter 1 – Scope and Application
Building Standards Commission
R105.5.1 [Permit] Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Chapter 655, Statutes of 2018), which became operative January 1, 2019 and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.

CBSC Information Bulletin 19-03 regarding permit expiration dates was issued May 23, 2019 to local building departments, state agencies and CBSC interested parties.

Division of the State Architect

1.9.2.1.4 Reference to other chapters and 1.9.2.2.4 Reference to other chapters Added to redirect references for public schools and community colleges to the applicable “A” chapters of the CBC.

State Fire Marshal

1.11.1 SFM—Office of the State Fire Marshal
Added a definition of Specified State-occupied Building.

1.11.4.4 Fire clearance preinspection and 1.11.4.5 Care facilities Update the fees that are charged for inspections to meet the requirements of Health and Safety Code Section 13244.

1.11.6 Certificate of Occupancy
Correlated the requirements for certificate of occupancy with the regulations in the California Building Code.

Chapter 2 – Definitions
Building Standards Commission and Division of the State Architect 202 General Definitions
Relocated existing definitions for BUILDING OFFICIAL and ENFORCEMENT AGENCY from Section 318.1 to Section 202.

47 Division of the State Architect
201 General
Adopted Section 201 (it was not adopted in 2019 CEBC).
201.3 Terms defined in other codes
Amended to reference applicable sections of the California Administrative Code (Part 1 of Title 24) where the definitions contained therein govern.

Chapter 3 – Provisions for All Compliance Methods
Building Standards Commission and Division of the State Architect Table 317.5 Minimum seismic design performance levels for structural and nonstructural components
Revised table footnote #2 and added footnote #3 to clarify that there are two alternate compliance paths in addition to the criteria presented in the table. 317.8 ASCE 41 Chapter 14
Coordinated with the latest version of referenced standard ASCE 41. 319.7 Prescriptive selection of the design method
Revised Subsection 319.7.2 to clarify the condition triggering Method B approach based on building irregularities.
319.10 Structural observation, testing and inspection
Revised the language to coordinate with associated regulations in Chapter 17 of the California Building Code and repeal redundant and/or contradictory regulations.

Building Standards Commission
318 Definitions
Relocated BUILDING OFFICIAL and ENFORCEMENT AGENCY definitions to Chapter 2 and repealed the rest of the definitions from Section 318.1 except ADDITION, ALTERATION, and REPAIR.

Division of the State Architect
318 Definitions
Relocated BUILDING OFFICIAL and ENFORCEMENT AGENCY definitions to Chapter 2 and repealed the rest of the definitions from Section 318.1 except for REPAIR. Added reference to applicable sections of California Administrative Code (Part 1), where the definitions contained therein govern. 319.1 Basis for evaluation and design
Revised Exception 2 to restore original intent and update for compatibility with current code adoption cycle. As originally authored, Exception 2 was intended to apply to the conversion of a nonconforming building to use as a school building in accordance with Section 4-307 of Part 1. It was not intended to apply to the rehabilitation of an

48 existing school building when required by Section 4-309(c) of Part 1. Restored the phrase “as it was adopted by the governing jurisdiction” to make clear that the previous code is permitted to be used as originally applied rather than requiring compliance with its DSA-SS or DSA-SS/CC amendments (e.g., the “A” chapters). 321.2.3 Peer review
Added language to align with the current practice of review and approval by the California Geological Survey. This updates regulations to reflect the current requirements for seismic ground motion records used in time history analysis.

Office of Statewide Health Planning and Development
Because several sections were added to the IEBC, OSHPD sections in Chapters 3 and 3A were relocated and renumbered.
312.3.3.2 (formerly 309.3.3.2) Psychiatric nursing service Amended existing language to replace 1224.31 with Section 1228 for psychiatric nursing service. Section 1224.31 applies to medical psychiatric services and is not acceptable for an OSHPD 1R building.
304A.3.4.5 (formerly 303A.3.4.5) SPC-4D using ASCE 41
Replaced entire section on seismic separations in ASCE 41-13 to be more consistent with the initial intent of the change and current inventory of SPC-3 and higher buildings, at the same time ensuring adequate level of safety from collapse of the adjacent building due to potential pounding impacts.
304A.3.5.9 ASCE 41 Section 8.4.2.3.2.1
Added new section for foundations modeled as a fixed base or a flexible base. 304A.3.5.13 ASCE 41 Section 10.12.3
Added new section to modify ASCE 41 Section 10.12.3 and provide a new exception to this section.

Chapter 5 – Prescriptive Compliance Method
Building Standards Commission
502.1 General
Repealed the language requiring Sections 502.4 and 503.3 be replaced by the requirements of Sections 317 through 322. Sections 502.4 and 503.3 have been adopted by BSC since 2016.

Chapter 16 – Referenced Standards
State Fire Marshal
Added amendments to the adopted and referenced NFPA 13R and NFPA 72 standards from the California Fire Code, so the same information is found in both codes.

49 Division of the State Architect
Adopted Supplement 3 of ASCE 7 in addition to Supplement 1, which is already adopted by the model code.

Office of Statewide Health Planning and Development
Adopted ASCE 7-16 Supplement 3 for OSHPD 1, 1R, 2, 4 and 5. Adopt ASCE 41-17 Supplement 1 for OSHPD 1R, 2, 4 and 5.

Department of Housing and Community Development
HCD proposed editorial changes only with no intended change in regulatory effect, such as moving existing amendments following model code changes. Example: carbon monoxide alarm requirements were moved from Chapter 5 to Chapter 3.

50 CALIFORNIA GREEN BUILDING STANDARDS CODE – PART 11
Chapter 2 – Definitions
Building Standards Commission (BSC), Division of the State Architect (DSA), Department of Housing and Community Development (HCD)
AUTOMATIC LOAD MANAGEMENT SYSTEMS – ALMS (BSC, DSA, HCD) Added to clarify the term as used within CALGreen and in the EV charging industry and refers to ALMS which is allowed for use by the California Electrical Code.

ELECTRIC VEHICLE (EV) CAPABLE SPACE (BSC, HCD, DSA) Added to clarify the term as used within CALGreen and in the EV charging industry and refers to a space which has capability or infrastructure to facilitate future EV charging.

ELECTRIC VEHICLE (EV) READY SPACE (HCD) Added to clarify the term as used within CALGreen and in the EV charging industry and refers to a space which is ready for EV charging and equipped with a receptacle or charger.

LEVEL 2 ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE) (HCD) Added to residential sections of CALGreen and clarifies that the new term as used within Sections 4.106.4.2. and A4.106.8.2.1 refers a Level 2 EV charger and supporting electrical equipment.

LOW-POWER LEVEL 2 ELECTRIC VEHICLE (EV) CHARGING RECEPTACLE (HCD) Added to residential sections of CALGreen to clarify the electrical requirements for this type of receptacle as required in Sections 4.106.4.2.1 and

4.106.4.2.2.

ZERO-EMITTING AND HIGH-EFFICIENT VEHICLES (BSC, DSA) Amended from “Low-Emitting and Fuel-Efficient Vehicles” to “Zero-emitting and High-efficient Vehicles.” OFF-STREET LOADING SPACES (BSC, DSA) Added to align with the new code language for EV charging for medium-duty and heavy-duty vehicles.

NONWATER URINAL WITH DRAIN CLEANSING ACTION (BSC, HCD, DSA) Amended from “Urinal, Hybrid” to “Nonwater Urinal with Drain Cleansing Action” to align terminology with the California Plumbing Code; no change in regulatory effect.

Chapter 4 – Residential Mandatory Measures
Department of Housing and Community Development
HCD repealed various existing code sections and provisions to reformat, modify, and adopt new sections addressing EV charging for multifamily buildings, and hotels and motels.

51 4.106.4 and subsections. EV charging for new construction Expanded EV charging requirements to installation of EV charging receptacles and EV chargers (EVSE).
• Modified Exception 1 to address situations in which there is no local utility power supply or when the local utility is unable to supply adequate power. • Repealed references to specific dollar amounts for exceptions due to variations in utility costs based upon locations.
• Included an exception related to adverse impact to construction cost of a project, similar to the provision for nonresidential EV charging.

4.106.4.2 New multifamily dwellings, hotels and motels and new residential parking facilities
New regulation to clarify that calculations for EV spaces are to be rounded up to the nearest whole number and EV spaces to be counted as parking spaces only for the purposes of meeting parking space requirements at the local level (Vehicle Code Section 22511.2).

4.106.4.2.1 Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms New regulation requiring that ten percent of the total number of parking spaces on a building site support future Level 2 EVSE, the installation of EV ready spaces for twenty-five percent (25%) of the total number of parking spaces equipped with low power Level 2 EV charging receptacles, and clarification that no more than one receptacle must be installed per dwelling unit.

4.106.4.2.2 Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms New regulations requiring that ten percent (10%) of the total number of parking spaces on site support future Level 2 EVSE; the installation of EV-ready spaces for twenty-five percent (25%) of the total number of parking spaces equipped with low power Level 2 EV charging receptacles; and five percent (5%) of the total number of parking spaces shall be equipped with Level 2 EVSE. The use of an ALMS is allowed when low-power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required.

4.106.4.2.2.1 Electric vehicle charging stations (EVCS) Added requirements for space location and dimensions, with a reference to the California Building Code to address accessibility.

4.106.4.2.3 EV space requirements
Amended requirements for single and multiple EV spaces, and added a requirement for EV-ready space signage.

52 4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings
Expanded EV charging infrastructure for additions and alterations triggered when new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered, and the work requires a building permit. The new regulation requires that 10 percent (10%) of the total number of parking spaces being added or altered be EV capable to support future Level 2 EVSE.

4.410.1 Operation and maintenance manual
Amended existing Item 11 to add Department of Forestry and Fire Protection, and added a new Item 12 to require that the operation and maintenance manual contain information and/or drawings identifying the location of grab bar reinforcements.

Chapter 5 – Nonresidential Mandatory Measures
Building Standards Commission and Division of the State Architect

5.106.5.2 Designated parking for clean air vehicles
Repealed the mandatory requirement for designated parking for clean air vehicles.

5.106.5.3 Electric vehicle (EV) charging and subsections Amended to increase the EV capable space percentages and add a new requirement for installed Level 2 or DCFC chargers.

5.504.4.7 Thermal insulation
Relocated thermal insulation from voluntary to mandatory and added verification of compliance.

5.504.4.8 Acoustical ceilings and wall panels
Relocated acoustical ceilings and wall panels from voluntary to mandatory along with verification of compliance.

Building Standards Commission

5.106.5.4 Electric vehicle (EV) charging: medium-duty and heavy-duty and subsections
Added new regulations for electric vehicle charging readiness requirements for new construction of warehouses, grocery stores and retail stores with planned off-street loading spaces.

Division of the State Architect – Structural Safety

5.506.3 Carbon dioxide (CO2) monitoring in classrooms
Added new requirement for carbon dioxide monitors in classrooms only in new building construction, and not alterations and additions.

53 5.106.12 Shade trees and subsections
Amended exceptions for surface parking and hardscape areas to provide clarity that excepted play areas for organized sports activities, such as basketball courts, are removed from the total area calculation of the hardscape areas on the campus.

Chapter A4 – Residential Voluntary Measures
California Energy Commission
A4.2 Energy efficiency
A4.201.1 Scope
Updated and provided a new web link to the CEC website.

A4.203.1.1 Hourly source energy design rating (EDR1) and Table A4.203.1.1 Updated for EDR1 margins for climate zones.

A4.203.1.2.3 HERS – Verified compact hot water distribution system and A4.203.1.2.4 HERS – Verified drain water heat recovery
Amended to add details for compliance.

A4.203.1.2.5 High performance vertical fenestration, A4.203.1.2.6 Heat pump water heater demand management, A4.203.1.2.7 Battery storage system controls and A4.203.1.2.8 Heat pump space and water heating Added as prerequisite options to standardize phrasing to remove unneeded references to HERS verification and to apply a broader range of equipment types and construction performance approaches to meet the overall requirements.

A4.203.1.3 Performance standard (repealed), A4.203.1.3.1 Tier 1 (repealed), A4.203.1.3.2 Tier 2. (repealed) and A4.203.1.3 Consultation with local electric service provider (renumbered)
Sections repealed and amended to remove reference to CALGreen tiers and to recommend consultation with a local electric service provider for jurisdictions considering reducing the Energy Design Rating (EDR) target when using solar PV systems larger than required by the California Energy Code.

Chapter A5 – Nonresidential Voluntary Measures
Building Standards Commission
A5.106.5.1.1, A5.106.5.1.2, Table A5.106.5.1.1 and Table A5.106.5.1.2 Designated parking for clean air vehicles
Amended the Tier 1 and Tier 2 voluntary requirements and repealed Tables A5.106.5.1.1 and A5.106.5.1.2.

A5.106.5.3.1 and A5.106.5.3.2 Electric vehicle charging Increased voluntary EV capable space percentages.

54 A5.303.4.1 Nonwater urinal with drain cleansing action Amended to align with the new definition and California Plumbing Code.

A5.504.4.8 Thermal insulation
Amended to move Tier 2 requirements to Tier 1 (Tier 1 moved to mandatory) and verification of compliance was renumbered to A5.504.8.1.

A5.6 Voluntary Tiers and CALGreen Verification Guidelines Amend checklists affected by proposed mandatory and voluntary updates.

California Energy Commission
A5.201.1 Scope
Updated and provided a new web link to the CEC website.

55 CALIFORNIA REFERENCED STANDARDS – PART 12
Building Standards Commission
Cross Reference Table
Amended the chapter titles and associated sections in Title 24. This table serves as a non-regulatory aid to the code user.

State Fire Marshal
Chapter 12-7A, Materials and Construction Methods for Exterior Wildfire Exposure
Repealed ignition-resistant material SFM Standard 12-7A-5.

SR-22-238
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: November 1, 2022
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Award Professional Services Agreement for Police Department Recruiting Services
RECOMMENDATION:

Authorize the City Manager to execute the Professional Services Agreement for Police Department Recruiting Services with Epic Recruiting in the amount not to exceed $250,000 over two years.

BACKGROUND:

In recent years, the City of Desert Hot Springs Police Department has hired staff at various capacities but has had difficulty in recruiting and filling all vacant positions that are necessary for the department to properly function. Recently, the City, the region, and the State have seen an overall downward trend in officer recruitment due to limited applicants, which has had a direct impact to hiring and filling key vacant positions.

In an effort to attract and recruit police officers to the City of Desert Hot Springs, Staff drafted a Request for Proposals for Police Department Recruiting Services. The desired firm would implement a comprehensive recruiting services program that attracts diverse police officer candidates by providing the following scope of work:
• Brand development research and strategy for recruitment • Professional video and photography production
• Website design and hosting of a recruitment website
• 12 month online recruitment campaign
DISCUSSION:

On September 12, 2022, the City of Desert Hot Springs released a Request for Proposal (RFP) for Police Department Recruiting Services. The Request for Proposal was posted on the City’s website and Staff reached out to three recruiting firms informing them of the RFP.

The Request for Proposal closed on October 10th, 2022, and the City received one (1) proposal from the consultant firm, Epic Recruiting. Staff completed an evaluation of the proposal and found the proposal to be complete and acceptable. The following criteria was used in the evaluation.

1. Experience

SR-22-238

2. Responsiveness

3. Ease of use of employees

4. Time Frame

5. Adaptability to City IT infrastructure and communications Based on the evaluation and the bid proposal, Staff found Epic Recruiting, to be a qualified consultant.

Established in 2004, Epic has extensive experience with federal, state, county, and city government agencies. Detailed examples of successful recruitment campaigns (including links to videos and websites) are included in their proposal (Exhibit 3). The proposal includes brand development research and strategy, video and photo production, and a dedicated recruitment website that is owned by the Desert Hot Springs Police Department. After the content development and creation phase, a 12-month online recruitment campaign will be launched including search engine optimization, Google and YouTube advertising, social media outreach, data analytics, and monthly service reports.

Staff is recommending City Council authorize the City Manager to execute the Professional Services Agreement for Police Department Recruiting Services with Epic Recruiting in the amount not to exceed $250,000 over two years.

FISCAL IMPACT:

Funding for Police Department Recruiting is funded through Public Safety Fund – Contract Services in the amount of $250,000 and will be budgeted for the following fiscal years:
• FY 2022/2023 in the amount of $125,000
• FY 2023/2024 in the amount of $125,000
ATTACHMENTS:

Exhibit 1 - Request For Proposals - DHS Police Department Recruiting Exhibit 2 - Professional Services Agreement - Epic Recruiting Exhibit 3a - Epic Recruting Proposal
Exhibit 3b - Epic Recruiting - Staff Assignments
Exhibit 3c - Epic Recruting - Bid Proposal

DATE: September 12, 2022 (UPDATED SEPTEMBER 13, 2022)

REQUEST FOR PROPOSALS
The City of Desert Hot Springs requests proposals from qualified professional recruiting consultants who possess the skill set of a recruiting agency, incorporating marketing and advertising, video production, and web development, all in a single entity with a specific focus on law enforcement. The City will accept sealed proposals for “RFP - Police Officer Recruiting and Advertising for the Desert Hot Springs Police Department (DHSPD)” until 2:00 p.m., (PST) on October 10th, 2022.

All questions/requests for information regarding this RFP must be submitted via email to [email protected] by 5:00 p.m. on October 3rd, 2022 to allow staff sufficient time to respond to questions deemed appropriate. Please submit all questions/requests for information in bulk (e.g., in a Word document attachment to an email) to limit the total number of emails received.

Copies of this request may be obtained from the City’s website at www.cityofdhs.org

PURPOSE & OVERVIEW
The City of Desert Hot Springs Police Department (DHSPD) is requesting proposals from qualified service providers (Firms) to develop and implement recruiting services to attract qualified and diverse police officer candidates.

The Firm will develop and implement a multifaceted recruitment and advertising strategy that incorporates video production and professional photography, website design and hosting (or arranging for hosting) of an DHSPD recruitment website and be responsible for digital advertising across a variety of platforms.

MINIMUM FIRM AND PROPOSAL QUALIFICATIONS:

Firms must demonstrate that they have the resources and capability to provide the materials and services as described herein. All firms must submit the documentation indicated below within their proposal. Failure to provide any of the required documentation may be cause for proposal to be deemed non-responsible and rejected.

The written proposal shall, at a minimum, include the following information to be eligible for this contract:

1. Firm’s Name – The firm’s name and contact person, together with the address, telephone number, and email address of the office from which the services will be provided. Corporate office information shall also be provided if applicable. 11999 Palm Drive • Desert Hot Springs • CA • 92240
(760) 329-6411• www.cityofdhs.org

CITY OF DESERT HOT SPRINGS

OFFICE OF THE

CITY MANAGER

2. Brief History – A brief history of the firm (limit two pages), including organization structure, location of management, and evidence that the firm is authorized to do business in the State of California.

3. Examples – Examples of at least three (3) comparable projects with similar scope in design and operation in progress or completed within the past five years for other police agencies.

4. Time Frame - Time frame in which deliverables of the project as defined within this RFP can be completed, including the approach to the project and any unusual problems anticipated.

5. Capacity and Capability – The capacity and capability of the firm to perform the work within the time limitations indicated.

6. References – A list of references that the City may contact to assist in the evaluation of your past performance. For each reference listed the information provided should consist of the following:
• Name and mailing address of the governmental entity.
• Name and telephone number of your contact person within said governmental entity.

7. Thoroughness and conformity - The thoroughness and conformity of the proposal package and cost of services to complete the Scope of Work identified in Exhibit A.

8. Estimate – Provide an estimate and compensation schedule on the Scope of Work as outlined in Exhibit A and a proposed fee schedule. Please understand all proposals will be evaluated based on the Scope of Work, Exhibit A, established herein. It is the responsibility of the submitter to review and understand all the requirements in the Scope of Work. During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarification from proposing firms, or to allow corrections of errors or omissions.

9. Financials – Availability of financial and operating resources as required to complete the work.

10. Statutory Ordinance – The ability of the firm to meet statutory or ordinance requirements.

11. Additional Information – Any additional information that you feel will be beneficial to the City in evaluating your qualifications to provide in response to the RFP.

Proposal Format:

Please submit your proposal via email with subject “RFP - Police Officer Recruiting and Advertising for the Desert Hot Springs Police Department” to Daniel Porras, Assistant City Manager, at [email protected] by 2:00PM Monday October 10th, 2022.

If you have any questions regarding this Request For Proposal, please contact Daniel Porras at (760) 329-6411 ext. 107.

INSTRUCTIONS, CONDITIONS, AND LEGAL REQUIRMENTS:

1. Contractor shall provide an email with attachment of the proposal. The City of Desert Hot Springs has outlined the requirements herein in as much detail as is currently known. Please provide any exceptions, additional information, or suggestions that will aid in the City’s selection process (attachments are acceptable).

2. The Firm shall defend, indemnify, and hold the City of Desert Hot Springs, its officers, agents, volunteers, and employees free and harmless from all causes of action or claims of damages arising out of or related to the Firm’s performance under this contract.

3. The City reserves the right to negotiate terms and scope of work with the highest ranked Firm. If an agreement cannot be negotiated the City reserves the right to negotiate with any other firm.

4. Selected Firm is required to comply with all existing State and Federal labor laws. If the Firm out-sources any work or job to a sub-Contractor/Consultant, it will be the prime Firm’s responsibility to ensure that all sub-Contractors/Consultants meet the requirements as stated in this RFP.

5. A contract will be awarded to the most qualified Firm. Although price is of prime consideration, it is not the sole determining factor. The City reserves the right to select the appropriate firm based on the most qualified proposal. The determination of the most qualified and most competitively priced proposal may involve all or some of the following factors: price, thoroughness of the proposal package, previous experience and performance; conformity to scope of work in Exhibit A; financial ability to fulfill the contract; ability to meet scope of work; terms of payment; compatibility, as required; number of sub- Contractors/Consultants the main firm may need to employ for out-sourced work; other costs; and other objectives and accountable factors which are reasonable. The City reserves the right to select a Firm to perform all of the work identified in the RFP, or only selected portions based on price and/or other factors.

6. Before execution of the contract, the selected Firm is obligated to provide evidence of liability insurance to include: Worker’s Compensation, General Liability, and Automobile Liability of $1,000,000 per occurrence, $2,000,000 aggregate.

7. The successful Firm shall be an independent contractor, and nothing shall be construed to cause the Firm to be deemed or represent itself as an agent or employee of the City.

8. Any evidence of agreement or collusion among Firm acting illegally to restrain freedom of competition by agreement to propose a fixed price, or otherwise, will render the proposal of such Firm void.

9. Firm agrees that all service by the Firm shall be to the satisfaction of authorized City personnel. In the event that the Firm defaults on performance of any of these requirements, then the City shall have the right to terminate this agreement upon thirty (30) days written notice delivered to the Firm by certified mail or courier.

Termination of the contract will not relieve the Firm of any liability to the City for damages sustained by the City because of any breach of contract by the Firm, and the City may withhold any payments to the Firm until such time as the exact amount of damages due the City from the Firm is determined.

10. The term of the contract shall commence upon execution by the City Council or authorized City representative and continue through a date to be determined. The City reserves the option to extend the contract(s) under the same terms and conditions for a maximum of two (2) additional years at current price levels.

11. The contract between Firm and the City is non-transferable. Firm shall under no circumstances assign the agreement without written permission of the City. Firm shall notify the City, in writing, of any change in ownership at least thirty (30) days prior to said change.

12. The standard form of the City’s professional services agreement is attached hereto as Exhibit B. The selected Firm will be required to enter into this Agreement. By submitting a proposal, Firm certifies to the City that they have reviewed the Specifications of the RFP and the terms of the agreement and have incorporated all direct and indirect costs of complying with the scope of work and the agreement into the Proposal.

13. The City's terms for payment are net 30 upon receipt of invoice. Firm shall submit invoices between the first and fifteenth business day of each month for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all undisputed fees.

14. Prohibited Interest – No officer, elected official, or employee of the City of Desert Hot Springs shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Firm, or Firm’s sub-Contractors/Consultants for this project, during his/her tenure or for one year thereafter. The Firm hereby warrants and represents to the City that no officer or employee of the City of Desert Hot Springs has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Firm or Firm’s subContractors/Consultants on this project. Firm further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

15. The selected Firm Representative must be live scanned (fingerprinted) before execution of an official agreement by the City of Desert Hot Springs Police Department at the Firm’s expense.

EVALUATION CRITERIA
A Selection Committee, as designated by the City Manager’s Office, will review and score proposals and make a recommendation to City Council. The City reserves the right to reject any/all proposals received and to award the contract to the offeror/bidder that the City believes will offer the best value for the scope of work. Decisions of the selection committee shall be final, subject only to the approval of the City of Desert Hot Springs Manager, Mayor, and City Council.

Proposals will be evaluated according to the following criteria with a maximum score of 100 points:

1. Experience of the firm in connection with services related to the scope of work.

Point Range: 0-30

2. Responsiveness of the written proposal in clearly stating an understanding of the work to be performed, as outlined in the scope of services portion of this request for proposals.

Point Range: 0-25

3. Ease of use for PD employees, other City personnel, and prospective police candidates.

Point Range 0-15

4. Time frame in which the deliverables of this project as defined within this RFP can be completed, including the approach to the project and any unusual problems anticipated.

Point Range: 0-15

5. Adaptability to existing City of Desert Hot Springs IT Infrastructure and Communications requirements.

Point Range: 0-15
Maximum Points: 100
Attachment: Exhibit A
7 18. Term of Contract – The length of the contract will be for two (2) years. By mutual consent of the contracted firm(s) and the City, the contract may be renewed or extended for additional one (1) year periods, not to exceed a total contract length of four (4) years. This option shall be exercised only if agreed to in writing by both parties and approved by the City Manager and/or City Council where applicable.

19. Time of Completion and Liquidated Damages - The City will work with the selected firm to establish an agreed upon time schedule for the completion of each task prior to issuance of individual purchase orders.

20. Amendment - This contract may be modified or amended if made in writing and signed by all parties. Any agreed upon additional items and/or services or other additions or modificationsto this agreement, together with estimated prices current at the time of change where possible, shall be agreed to in writing.

21. Force Majeure Occurrence – Upon the occurrence of a force majeure event, the City of Newark shall immediately notify the awarded vendor. In this instance, the City shall be excused from any further financial or contractual obligations for as long as such circumstances prevail. As used in this document, a “force majeure occurrence” means acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics or pandemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; unusual weather; or other unusual event outside of the reasonable control of a party hereto that prevents a party to this Agreement from performing its contractual obligations.

22. Severability - If any provision of this contract (general, special, technical, or other) shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

D. SCOPE OF SERVICES
All proposals must be made on the basis of, and either meet or exceed, the requirements contained herein:

1. The Contractor will utilize in-house personnel for all services detailed herein and not be reliant on outside sub-contractors. The NPD desires to have a single point of contact across allservices, ensuring quality, responsiveness, and accountability.

Additionally, as noted above, the Contractor must have at least five years of experience providing law enforcement recruitment services.

Exhibit A

THE SCOPE OF WORK FOR QUALIFIED RECRUITMENT SERVICES
OBJECTIVES:

The City of Desert Hot Springs requests quotes from qualified professional recruiting consultants who possess the skill set of a recruiting agency, an advertising agency, a video production company, and a web development firm, all in a single entity with a specific focus on law enforcement.

BRAND DEVELOPMENT RESEARCH/STRATEGY
• Present recruiting brand concept
• Meet with leadership to outline goals of campaign
• Evaluate Online platforms for optimum candidate exposure • Select geographic target locations/opportunities for campaign exposure • Research Market Trends/Background Research for Dept.
• Outline goals, deliverables and timeline, budget for the project • Develop and Present 1 Year Recruiting Plan to leadership team

VIDEO/PHOTOGRAPHY
• On location video/photo production
A 2 Minute Police Recruitment Video
Three 60/30/15 Police Recruitment Videos
(6) Social Media Police Recruitment Videos (Content TBD) Department Wide Photography
• Department Owns all Content

RECRUITMENT WEBSITE
• Design & Build Police Recruitment Website
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PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND

EPIC RECRUITING
This Professional Services Agreement (“Agreement”) is made and entered into this 1st day of November, 2022, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the “City,” and Epic Recruiting, a Corporation, hereinafter referred to as “Consultant.”
RECITALS:

WHEREAS, the City desires to utilize the services of Consultant, as an independent contractor, to perform police department recruiting services for the Police Department; as described in more particularity in Exhibit “A,” attached hereto and incorporated herein by this reference as the “Scope of Services”; and WHEREAS, Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,

CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER

GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.

Section 2. SCOPE OF SERVICES
Consultant shall provide to the City the Services as set forth in the Scope of Services, attached hereto as Exhibit “A” and incorporated herein by this reference, at the time, place, and in the manner specified therein, in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. In the event any conflict exists between this Agreement and the Scope of Services, on the other hand, the former shall supersede.

Section 3. TERM

This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall be effective until completion per approved project schedule. The term shall be for two fiscal years, fiscal year 2022-2023, and fiscal year 2023-2024.

Section 4. COMPENSATION
The City agrees to pay Consultant for and in consideration of the faithful performance of the consulting services and duties set forth in this Agreement, and Consultant agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, an amount not to exceed TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00), in accordance with the Cost Proposal contained in the Scope of Services.

Section 5. METHOD OF PAYMENT
a. Consultant shall submit invoices to the City, not more often than once a month, describing the work performed. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. The City shall pay Consultant no later than thirty (30) days after approval of the invoice by City staff provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement, that the number of hours of service set forth in the invoice reflect the amount of time ordinarily expended for such service by members of the profession currently practicing in the same locality under similar conditions, and that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. Review and approval of invoice by City staff will occur within thirty (30) calendar days of receipt of invoice via email.
b. The Consultant shall submit invoices under this Agreement to:

Luke Rainey, City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411 ext.101
Email: [email protected]
Section 6. EXTRA WORK
At any time during the term of this Agreement, the City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by the City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of

this Agreement. Consultant shall not perform Extra Work without written authorization from the City.

Section 7. TERMINATION
This Agreement may be terminated by the City immediately for cause. Either party may terminate this Agreement without cause upon twenty-four hours (24) hours written notice of termination to the other party. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, provided that Consultant shall have satisfied all its obligations under this Agreement through and including the effective date of termination, and is not otherwise in breach of this Agreement.

Section 8. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at its expense, provide such reports, plans, studies, documents and other writings in pdf format to the City upon written request.

Section 9. CONFIDENTIALITY
a. All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without prior written consent of the City, be used by Consultant for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.

b. Consultant shall not use the City’s insignia or photographs relating to Consultant’s Services, or any publicity pertaining to the Consultant’s Services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.

Section 10. CONSULTANT’S BOOKS AND RECORDS
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to

charges for services, or expenditures and disbursements charged to the City for a minimum period of three years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

Section 11. INDEPENDENT CONTRACTOR’S STATUS: NOT AGENT

OF THE CITY
Consultant shall at all times during the term of this Agreement remain, as to the City, a wholly independent contractor and shall perform the services described in this Agreement as an independent contractor and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors. Neither the City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as herein set forth. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Consultant or by any third person to create the relationship of principal and agent and Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.

Section 12. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS

OF CONSULTANT
a. Consultant represents and acknowledges the following:

(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools or facilities. (4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is not required to comply with daily instructions from City staff with respect to when, where or how Consultant must perform the services set forth in this Agreement.
(2) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement.
(3) The City will not hire, supervise or pay any assistants working for Consultant pursuant to this Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(5) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (6) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement.

(7) Consultant is not required to perform the services set forth in the Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
(9) Consultant is not required to perform the Services at City-owned property.
(10) Consultant will perform services that are outside the usual course of the City’s business.

Section 13. CIVIL CODE SECTION 1542 WAIVER
Consultant expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (“CalPERS”) that are only afforded to employees and not independent contractors.

Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
__________
Initials
Section 14. CONFLICTS OF INTEREST
a. Consultant (including principals, associates and professional employees) covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source or income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

b. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
(1) Does not make or participate in:
(i) the making or any governmental decisions regarding
approval of a rate, rule, or regulation, the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses, applications, certificates, approvals, orders, or similar authorization or entitlement;
(iii) authorizing the City to enter into, modify, or renew a contract;
(iv) granting the City approval to a contract that requires City approval and to which the City is a party, or to the
specifications for such a contract;
(v) granting the City approval to a plan, design, report, study, or similar item; or
(vi) adopting, or granting City approval of, policies, standards, or guidelines for the City or for any subdivision thereof. (2) Does not serve in a staff capacity with the City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under Government Code Section 87302.
c. In the event the City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk.

Section 15. PROFESSIONAL ABILITY OF CONSULTANT; WARRANTY; FAMILIARITY WITH WORK; PERMITS AND LICENSES
a. Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.

b. By executing this Agreement, Consultant warrants that:
(1) it has thoroughly investigated and considered the work to be performed; (2) it has investigated the issues, regarding the scope of services to be provided;
(3) it has carefully considered how the work should be performed; and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
c. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Manager or appropriate City representative.
d. Consultant represents that it and all of its subcontractors, if any, have obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
e. Standard of Care. Services shall be performed by Consultant in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by members of Consultant’s profession currently practicing in California. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care in California.

Consultant shall perform such services and duties in conformance with and consistent with that degree of care and skill consistent with the generally accepted professional standards prevailing at the time the work is performed.

In addition, Consultant represents that its work product does not infringe on any other copyrighted work. If Consultant’s work does infringe on any other copyrighted work, this constitutes willful misconduct under this Agreement. f. Independent Evaluation. Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state and local laws and regulations, and all other contingencies or design considerations. Data calculations, opinions, reports, investigations, and other similar information provided by the City relating to site, local or other conditions is not warranted or guaranteed, either expressly or impliedly, by the City.

g. Licenses. Consultant represents and warrants to the City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature, which is legally required to practice its profession as well as perform the services as set forth herein. Consultant represents and warrants to the City that it shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession.

Section 16. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder.

Section 17. INDEMNIFICATION
a. Consultant shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs, expenses and attorneys’ fees in connection therewith), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence, recklessness, or willful misconduct of the City, its officers, agents, employees or volunteers.
b. The City does not, and shall not, waive any rights that it may have against Consultant under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. c. Notwithstanding the provisions of subsections a. and b. of this section, Consultant shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Consultant’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Consultant’s control, or for which Consultant is without fault. d. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the

payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

Section 18. INSURANCE REQUIREMENTS
a. Policies. Consultant, at Consultant’s sole cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies:
(1) Worker’s Compensation Coverage. Consultant shall maintain Worker’s Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California, of an amount not less than one million dollars ($1,000,000) per accident. In addition, Consultant shall require each subcontractor to similarly maintain Worker’s Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. If any class of employees employed by Consultant pursuant to this Agreement is not protected by the California State Worker’s Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Consultant has no employees performing work under this Agreement. Consultant agrees to waive its statutory immunity under any worker’s compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Services to do the same.
(2) General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence, combined single limit coverage for bodily injury, personal injury and property damage associated with work contemplated in this Agreement. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Consultant shall provide insurance on an occurrence, not claims-made basis. Consultant acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess coverage, personal and advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CG 00 01 12 07 or any updated form thereof.
(3) Automobile Liability Coverage. Consultant shall maintain commercial automobile liability insurance covering bodily injury, personal injury and property damage for all activities of the Consultant arising out or of in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence, and two million dollars ($2,000,000) in the

aggregate. As an alternative, Consultant shall be permitted to obtain a non-owned automobile endorsement to its comprehensive general liability insurance providing the same protection and coverage as though Consultant were to provide separate commercial vehicle liability insurance as set forth in this paragraph. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CA 00 01 or any updated form thereof.
(4) Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s Services, whether such Services are performed by Consultant or by its employees, subcontractors, or sub-consultants, to the extent such persons other than Consultant are permitted to perform any of the Services under this Agreement. The amount of this insurance shall not be less than one million dollars ($1,000,000) per claim, and two million dollars ($2,000,000) in the aggregate.
b. Endorsements. Unless otherwise specified hereunder, each insurance policy required herein shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
(1) Except as otherwise provided by law, the City, its elected or appointed officers, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
(2) This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have shall be considered excess insurance only and shall not contribute with it. (3) This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
(4) The insurer waives all rights of subrogation against the City, its elected or appointed officials, officers, employees or agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
(6) The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Consultant shall disclose to and