Fremont City Council Meeting: 10/04/22 07:00 PM
3300 Capitol Avenue Div/Dept: Building Inspection
Fremont, CA 94538 Category: Code Adoptions & Amendments
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4657) DOC ID: 4657
Updated: 9/29/2022 10:02 AM by Alberto Quintanilla Page 1
INTRODUCTION AND FIRST READING OF ORDINANCE ADOPTING BY REFERENCE, WITH AMENDMENTS, THE 2022 CALIFORNIA BUILDING,
MECHANICAL, PLUMBING, ELECTRICAL, EXISTING BUILDING, ENERGY,
RESIDENTIAL BUILDING, HISTORICAL BUILDING, AND GREEN BUILDING CODES; THE 2021 INTERNATIONAL POOL AND SPA CODE; AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE); AND REPEALING AND REPLACING FREMONT MUNICIPAL CODE TITLE 15 (BUILDING AND CONSTRUCTION), DIVISION 1 (FREMONT BUILDING STANDARDS CODE);
INTRODUCTION AND FIRST READING OF ORDINANCE ADOPTING BY REFERENCE, WITH AMENDMENTS, THE 2022 CALIFORNIA FIRE CODE AND REPEALING AND REPLACING FREMONT MUNICIPAL CODE TITLE 15 (BUILDING AND CONSTRUCTION), DIVISION 1 (FREMONT BUILDING STANDARDS CODE), CHAPTER 15.35 (FREMONT FIRE CODE); AND ADOPTION OF RESOLUTION MAKING EXPRESS FINDINGS THAT MODIFICATIONS TO THE 2022 CALIFORNIA
BUILDING STANDARDS, AS ADOPTED BY THE CITY, ARE REASONABLY NECESSARY DUE TO LOCAL CONDITIONS.
Contact Persons:
Name: Gary West Jay Swardenski
Title: Building Official Fire Marshal
Div/Dept: Building Inspection Fire Department
Phone: 510-494-4413 510-494-4200
E-Mail: [email protected] [email protected]
Executive Summary: The State of California adopts a set of new construction codes every three years, referred to as the California Building Standards Codes, which automatically become effective January 1, 2023. The purpose of this agenda item is to adopt the new 2022 California Building Standards Codes with certain administrative and technical amendments based on Fremont’s local conditions. The proposed administrative and technical changes continue current provisions in the Fremont Building and Fire Codes related to soils susceptible to liquefaction and corrosive soils and address some code deficiencies required to address structural changes and local conditions resulting from the City’s proximity to the Hayward and Calaveras earthquake faults. Previous amendments are proposed for revision or deletion to eliminate duplication and make the Fremont Building Code consistent with code amendments adopted by surrounding jurisdictions.
Staff recommends that the City Council introduce ordinances tonight to adopt changes to the California Building Standards Codes, including local amendments, and schedule a second public hearing for November 1, 2022. Additionally, staff recommends adoption, by reference, of the 2021 International Swimming Pool and Spa Code and the 2021 International Property Maintenance Code.
BACKGROUND: On June 30, 2022, the California Building Standards Commission (CBSC) adopted a complete set of new building codes based on the latest international and national Staff Report (ID # 4657) Meeting of October 4, 2022
Updated: 9/29/2022 10:02 AM by Alberto Quintanilla Page 2 model building codes. These regulations are referred to as the California Building Standards Code and are codified in California Code of Regulations, Title 24 (Model Code). The 2022 Model Code replaces current codes and become effective on January 1, 2023. The Model Code is mandatory and must be enforced by local government agencies.
The adoption of the new Model Code is a triennial process done by the CBSC, which is responsible for reviewing, adopting, and publishing building standards for the State of California. Through the code adoption process, the CBSC selects and approves a Model Code, which participating State agencies, such as State Fire Marshal (SFM), Division of the State Architect (DSA), and California Department of Health Care Access and Information (HCAI) have an opportunity to review and amend for the occupancy groups under their respective authorities.
The State allows local agencies to adopt amendments to the Model Code and building standards as long as they are more restrictive than state standards and are based on findings justifying local restrictions based on local geologic, climatic, and topographic conditions, per California Health & Safety Code Section 17958. Amendments to administrative provisions of the Model Code do not require local findings.
In accordance with the California Building Standards Commission Information Bulleting 22 - 01, all applications for building permits submitted on or after January 1, 2023, are subject to compliance with the 2022 California Building Standards Code. The 2019 California Building Standards Code remains in effect and applies to plans, specifications, and construction performed where the application for a building permit is received on or before December 30, 2022.
The 2022 Model Code includes the following specific codes/regulations:
• 2022 California Building Code Volumes 1 & 2
• 2022 California Mechanical Code
• 2022 California Plumbing Code
• 2022 California Electrical Code
• 2022 California Existing Buildings Code
• 2022 California Fire Code
• 2022 California Historical Building Code
• 2022 California Energy Code
• 2022 California Residential Code
• 2022 California Green Building Code
Included with the adoption of the 2022 Model Code is the 2021 International Property Maintenance Code (IPMC), which provides the City authority to abate structures that are imminent hazards to the public in a quick and efficient manner. IPMC includes definitions of terms for enforcement, for the integrity of structural elements of buildings, and specific hazards. These definitions are not included in the other standard codes. Staff also recommends adopting the 2021 International Swimming Pool and Spa Code (ISPSC), which provides minimum requirements for the design, construction, alteration, repair and maintenance of swimming pools and spas; these regulations are no longer included in the California Building Standards Code and therefore require specific adoption by the City.
Staff Report (ID # 4657) Meeting of October 4, 2022
Updated: 9/29/2022 10:02 AM by Alberto Quintanilla Page 3 DISCUSSION/ANALYSIS: The City has historically adopted the California Building Standards Code, with amendments, in the areas listed below. The proposed amendments represent a continuation of most of the local amendments currently in effect. A brief discussion of the local amendments proposed and the changes under this ordinance include:
1. Administrative Amendments;
2. Soils Reports, Investigation, and Soils Observation;
3. Structural Inspections;
4. Roof Coverings;
5. Fire Resistant Construction, Occupancy Separation and Exiting;
6. Wood Structures and Prescriptive Conventional Construction;
7. Plumbing Code Amendments;
8. Mechanical Code Amendments;
9. Electrical Code Amendments;
10. Automatic Fire Extinguishing Systems;
11. Fire Code Amendments;
12. Structural Amendments;
13. International Property Maintenance Code;
14. Appendix chapters in 2022 California Building Standards Code;
15. California Residential Code; and
16. California Energy & Green Building Code.
1. Administrative Amendments: The administrative amendments for the Building, Electrical, Mechanical, Plumbing, Residential and Fire codes include:
• work that requires a building permit
• information required to obtain the permit
• valid dates of the permit and its expiration
• application process to obtain a building permit
• appeal process for a denial of a permit
• penalties for violations of the ordinance
• authority of the Building Official and Fire Marshal
Further, the local amendments require plats of survey when deemed necessary, soil observation and structural observation, the issuance of certificates of occupancy at the time of occupancy changes, and defined conditions for temporary certificates of occupancy. An existing table is also being re-adopted that ranks relative hazards between different occupancies and establishes when installation of fire sprinklers will be required when a building changes occupancy group. Identical provisions are currently in effect in the City.
The appeals process has also been modified to mirror the other appeals process found in the Neighborhood Preservation Ordinance, FMC Chapter 8.60. These amendments are carried forward from previous code adoption. A new section is added to the General Provisions in Chapter 5.05 to clearly state that the duties under Title 15 are discretionary.
2. Soils Reports, Investigation, and Soils Observation: All current soil investigations and foundation observations are being carried forward into the 2022 Code. This is addressed currently in State law but clarified in the Fremont Municipal Code.
Staff Report (ID # 4657) Meeting of October 4, 2022
Updated: 9/29/2022 10:02 AM by Alberto Quintanilla Page 4
3. Structural Inspection: Amendments requiring structural inspections remain. These amendments clarify State law requirements.
4. Roof Coverings: The only amendment to this code section requires certified roof materials.
5. Fire Resistant Construction, Occupancy Separation and Exiting: The 2022 Codes continue to rely heavily on installation of fire sprinkler systems to prevent fires. Under the 2022 Codes, a fire extinguishing system can be used to increase the overall building height and area, reduce the fire resistivity of its structural elements, exterior walls, and exit corridors; eliminate separations between incompatible occupancies; and reduce fire rated construction separating units in multi-unit residential occupancies. The California State Fire Marshal’s Office (SFM) again rejected some of these provisions for occupancy groups under their authority and limited the use of fire sprinkler systems to either increase floor area or height, but not both. The SFM also does not allow a sprinkler system to be used to reduce the required fire-resistant construction of roof-tops, exit corridors, and occupancy separations between units of multi-unit residential units.
The following are general descriptions of local amendments regarding fire resistant construction and exiting:
• Roof of High-rise buildings: Eliminate an exception that would allow combustible construction for the roof of high-rise building.
• Exterior walls: Extend the SFM amendments requiring fire resistance covering on the inside face of exterior walls to all occupancies. The spread of fire from one building to the next is not occupancy dependent and can be crucial in event of a post-earthquake fire.
• Fire separation between sleeping units and dwelling units: Maintain fire resistance of walls separating sleeping units in hotels and motels and extend this requirement to duplexes. This firewall specification is already required for all other multi -unit residential buildings. Furthermore, the proposed amendments do not allow a reduction of the rated floor or wall assemblies from 1 hour to ½ hour for any duplexes or multi-residential hotels and motels.
• Fire resistance of exit corridors: Maintain fire resistance construction of 1 hour for exit corridors. The rated fire corridor is a critical element of fire exit system, and all occupants of a building should have the same degree of protection in the event of a post-earthquake fire.
6. Wood Structures and Prescriptive Conventional Construction: The current local amendment disallowing certain types of wall coverings for seismic load-resisting elements which have performed poorly in recent earthquakes remains unchanged.
7. California Plumbing Code Amendments: The proposed amendment requires installation of a seismic actuated gas shutoff valve and is identical to the amendment currently in place in the City.
8. California Mechanical Code Amendments: The proposed amendments relate to hoods and ducts to protect against fires. The protection of hoods and ducts in an enclosure by fire rated materials is to restrict grease duct fires to the hood and duct and prevent it from spreading to the rest of the building. There have been several grease Staff Report (ID # 4657) Meeting of October 4, 2022
Updated: 9/29/2022 10:02 AM by Alberto Quintanilla Page 5 duct fires in Fremont in single-story buildings. These fires have been contained by shafts. If the shaft had not been fire- rated, the fire would have very easily spread to the roof. The proposed amendment to California Mechanical Code will ensure that any new hood or duct is enclosed by fire rated materials. All proposed amendments are identical to amendments currently in place in the City.
9. California Electrical Code Amendments: The proposed amendments are mostly administrative and identical to amendments currently in place in the City of Fremont.
The amendment requires non-ferrous materials for electrical installations in corrosive environments based on the corrosive soils prevalent in Fremont.
10. Automatic Fire Extinguishing Systems Amendments: Most requirements for Automatic Fire Extinguishing Systems (AFES) are being carried forward with minor changes made for clarity. The proposed amendments are mostly administrative and identical to amendments currently in place.
11. California Fire Code Amendments: The proposed amendments are mostly administrative or identical to amendments currently in place. Several sections of the California Fire Code (CFC) related to fire flow, hydrant placement, apparatus access, fire alarm and hazardous materials specifications are again amended to allow the Fire Department greater flexibility and application of life safety and property conservation controls. Essential changes can be summarized as follows:
• Fire Alarm System installation and monitoring requirements are clarified. • Spill control and secondary containment mechanisms are required for a wider range of hazardous materials and at lower thresholds.
• Fireworks and Pyrotechnic Special Effects sections are amended to carry forward language consistent with the continued ban on the sale and possession of “Safe and Sane Fireworks.”
• Additional construction and monitoring requirements are retained for hazardous materials with CFC health hazard classifications of 3 and 4, mainly the toxic and highly toxic materials. Some flammable and oxidizing materials area also covered by these changes.
The remaining technical changes are consistent with existing amendments currently in effect.
12. Structural, Suspended Ceiling: The California Building Code has little information regarding seismic design requirements for suspended ceilings. It is through the experience of prior earthquakes, such as the Northridge Earthquake, that this local amendment is proposed to minimize the amount of bodily and building damage where these ceilings are installed. Since a great deal of emphasis has been placed on sprinkler systems, all measures that further ensure the sprinkler system will function after an earthquake are of great importance to Fremont due to proximity to the Hayward Fault.
All other proposed structural amendments are based on Uniform Code Committee and regional branches of Structural Engineers Association of California recommendations.
13. International Property Maintenance Code: During the 2016 Building Standards Code adoption, the City also adopted the 2018 International Property Maintenance Code and staff has successfully used the ordinance to ensure that buildings throughout the City Staff Report (ID # 4657) Meeting of October 4, 2022
Updated: 9/29/2022 10:02 AM by Alberto Quintanilla Page 6 are maintained in a safe condition. Staff is recommending adopting the 2021 version of the IPMC with the same amendments made to the previous version. The appeals section will be replaced with a reference to the appeals procedure in the Neighborhood Preservation Ordinance, FMC Chapter 8.60. This appeal process has been successfully used for years for enforcement.
14. California Building Standards Code Appendixes: Appendices are not adopted as part of the California Building Standards Code. They are provided in the Code to offer optional or supplemental criteria to the provisions in the main chapters of the code. The proposed ordinance adopts the following appendix chapters of the 2022 California Building Standards Code and references:
California Building Code:
• Appendix Chapter A: This appendix contains employment qualifications that coincide with state requirements.
• Appendix Chapter C: This appendix chapter contains provisions for the construction of agricultural buildings. The same provisions are currently in effect in the City of Fremont.
• Appendix Chapter F: This chapter includes provisions that require rodent proofing of dwellings. The same provisions are currently in effect in the City of Fremont. • Appendix Chapter G: This appendix chapter contains provisions for flood- resistant construction.
• Appendix Chapter I: This appendix chapter contains requirements for patio covers.
The same provisions are currently in effect in the City of Fremont. • Appendix chapter P: This appendix chapter contains provisions for emergency housing.
California Residential Building Code:
• Appendix Chapter AH: This appendix chapter contains requirements for patio covers.
The same provisions are currently in effect in the City of Fremont. • Appendix Chapter AJ: This appendix chapter contains provisions for the construction of Existing Buildings and Structures. The same provisions are currently in effect in the City of Fremont.
• Appendix Chapter AK: This appendix chapter contains provisions for sound transmission between attached dwelling units.
• Appendix Chapter AQ: This appendix chapter contains provisions for tiny house designs.
• Appendix Chapter AX: This is a new appendix chapter that contains provisions for swimming pools and spas.
• Appendix Chapter AZ: This appendix chapter contains provision for emergency housing.
California Mechanical Code:
• Appendix Chapter B: This appendix chapter contains procedures to be followed to place gas equipment in operation. The same provisions are currently in effect in the City of Fremont.
• Appendix Chapter C: This appendix chapter contains provisions for installation and testing of oil (liquid) fuel-fired equipment. The same provisions are currently in effect in the City of Fremont.
Staff Report (ID # 4657) Meeting of October 4, 2022
Updated: 9/29/2022 10:02 AM by Alberto Quintanilla Page 7 • Appendix Chapter D: This appendix chapter contains provisions for fuel supply at manufactured/mobile home parks and recreational vehicles. The same provisions are currently in effect in the City of Fremont.
California Plumbing Code:
• Appendix Chapter A: This appendix chapter contains provisions for the sizing of water supply systems.
• Appendix Chapter B: This appendix chapter contains provisions for the sizing of combination waste and vent systems. The same provisions are currently in effect in the City of Fremont.
• Appendix Chapter D: This appendix chapter contains provisions for the sizing of storm water systems. The same provisions are currently in effect in the City of Fremont.
California Existing Building Code:
• Appendix A, Chapter A3: This appendix chapter contains prescriptive provisions for seismic strengthening of cripple walls.
International Property Maintenance Code:
• Appendix Chapter A: This appendix chapter contains boarding standards to board windows and doors to prevent entry to unsafe structures.
15. California Residential Code: The proposed amendments are both administrative and technical in nature. Staff is proposing to adopt the administrative chapter of the California Residential Code with revisions. The technical provisions include requirements for fire-sprinklers and fire separation between garage and dwelling. The amendments also prohibit the use of brittle materials for bracing of dwellings. These provisions are currently in effect in the City and are carried forward to the 2022 Code.
16. California Energy Code & Green Building Code: The 2022 Code includes significant revisions to the California Energy Code and Green Building Code (CALGreen), including requirements for increased electrical capacity in new buildings to accommodate anticipated increases in electrification of vehicles, appliances, and heating systems. With one exception, the Energy and Green Building requirements of the 2022 Code are now as stringent as, or more stringent than, the local “reach codes” that were adopted by many municipalities (including Fremont) in the previous code cycles. The one local reach code that still exceeds the requirements of the Green Building Code requires enhanced levels of EV readiness for all building types with a minimum of 10% of parking spaces in both multifamily and nonresidential developments. This local change made to the Green Building Code previously for enhanced EV readiness will be carried forward with the 2022 Code adoption.
It should be noted that as part of the Climate Action Plan update, staff is evaluating a variety of potential new sustainability-focused reach codes that primarily impact the Green Building Code and the Energy Code, which may include requirements that new residences be all-electric, increased electric vehicle charging requirements, and several other energy and water conservation enhancements. Staff intends to develop recommendations for reach code after adoption of the updated Climate Action Plan.
Identified Ordinance Changes: As noted earlier, staff is proposing several minor deletions and revisions to eliminate duplication and to make the Fremont Building Code Staff Report (ID # 4657) Meeting of October 4, 2022
Updated: 9/29/2022 10:02 AM by Alberto Quintanilla Page 8 more consistent with code amendments adopted by surrounding jurisdictions. These changes include:
15.10.030 Undated Changed Appendix Chapters Identifications
15.10.350 Removing 1,000 square foot maximum limit exception for Geotechnical requirements for residential additions, and ADU’s to be in line with other jurisdictions in our area.
15.10.440 2306.3, 1, & 2 - Update minimum plywood shear thickness to 7/16” OSB, or 1/2” plywood, and delete 400 pound per linear foot (plf).
15.25.040 Delete 230.32 – New code addresses concerns.
15.47.160 R602.10.3 – R602.12.8, h - Update minimum plywood shear thickness to 7/16” OSB, or 1/2” plywood.
Resolution of Local Condition Findings: Health and Safety Code Sections 17958, 17958.5 and 17958.7 require the City Council to make findings regarding local climatic, geological, and topographical conditions before adopting local amendments to the State-adopted California Building Standards Code. The proposed amendments to the Model Code are based primarily on earthquake and soils conditions in the City. Proposed findings include a map showing areas prone to liquefaction, fault line proximity and areas of corrosive soils. The proposed findings are enclosed with this staff report; however, t he City Council will not be asked to adopt the findings by resolution until the second reading of the ordinances on November 1, 2022.
Public Notice and Outreach: On September 20, 2022, an informational meeting with building industry stakeholders was held to present the proposed amendments to the standard codes. Additionally, a public hearing notice was published as a display ad in the Tri-City Voice on October 1, 2022.
FISCAL IMPACT: The costs associated with the application and administration of the building standards in the City of Fremont are funded by user fees paid by developers, except for Community Preservation, which is supported by the General Fund. The proposed codes adoption would not change the current cost for these services and would not require an additional General Fund contribution.
ENVIRONMENTAL REVIEW: The City Council determines that this ordinance is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.
ATTACHMENTS:
• CC rpt_Attachment 1
• CC rpt_Attachment 2
• Ord. 2022 Fire Code (FINAL DRAFT )
• Ord. 2022 Building Code (FINAL DRAFT)
• Informational- Draft Resolution for 2022 Bldg and Fire Findings Staff Report (ID # 4657) Meeting of October 4, 2022
Updated: 9/29/2022 10:02 AM by Alberto Quintanilla Page 9
RECOMMENDATIONS:
1. Hold public hearing.
2. Waive full reading and introduce ordinances and schedule a public hearing for November 1, 2022, to adopt by reference, with amendments, the 2022 California Building, Electrical, Plumbing, Mechanical, Residential, Green Build ing, Energy, Housing, Existing Buildings, and Fire Codes, the 2021 International Property Maintenance Code, and the 2021 International Swimming Pool and Spa Code.
3. Direct the City Clerk to publish a notice of public hearing set for November 1, 2022, to consider adoption of the ordinances in accordance with Government Code Section s 6066 and 50022.3.