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Repealed amendments pertaining to the California Climate Zones relative to vapor retarders for interior wall coverings.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.
Item Number: 9.
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R902.1.2 Roof coverings within state responsibility areas This existing amendment is repealed to correlate with CBC Chapters 7A and 15 for roof coverings in WUI areas.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.
Item Number: 9.
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.
Item Number: 9.
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.
Item Number: 9.
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.
Item Number: 9.
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.” Item Number: 9.
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.
Item Number: 9.
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.
Item Number: 9.
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.
Item Number: 9.
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.
Item Number: 9.
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.
Item Number: 9.
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.
Item Number: 9.
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 Item Number: 9.
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 Item Number: 9.
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.
Item Number: 9.
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.
Item Number: 9.
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.
Item Number: 9.
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 Item Number: 9.
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.
Item Number: 9.
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.
Item Number: 9.
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 Item Number: 9.
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.
Item Number: 9.
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.
Item Number: 9.
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.
Item Number: 9.
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.
Item Number: 9.
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.
Item Number: 9.
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.
Item Number: 9.
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.
Item Number: 9.
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.
Item Number: 9.
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 Item Number: 9.
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.” Item Number: 9.
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.
Item Number: 9.
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 Item Number: 9.
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.
Item Number: 9.
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.
Item Number: 9.
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.
Item Number: 9.
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.
Item Number: 9.
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:
Item Number: 9.
_______________________________
Scott Matas, Mayor
ATTEST:
________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
________________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 9.
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:
Item Number: 9.
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.
Item Number: 9.
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.
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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
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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:
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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.
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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.
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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 Item Number: 9.
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:
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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 Item Number: 9.
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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 Item Number: 9.
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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 Item Number: 9.
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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
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