Fremont City Council Meeting: 11/01/22 07:00 PM
3300 Capitol Avenue Div/Dept: Building Inspection
Fremont, CA 94538 Category: Code Adoptions & Amendments
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4658) DOC ID: 4658
Updated: 10/27/2022 8:12 AM by Alberto Quintanilla Page 1 2022 CALIFORNIA BUILDING STANDARDS CODE ADOPTION - Public Hearing (Published Notice), Waive Second Reading and Adopt Ordinances Adopting by Reference and Amending the 2022 California Building Standards Code and Adopting by Reference Certain Appendix Chapter of the 2022 California Building Standards Code and Adopting by Reference and Amending the 2021 International Swimming Pool and Spa Code and the 2021 International Property Management Code, and Adoption of the Resolution Containing Supporting Findings and Determinations.
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: This agenda item adopts by reference and amends the 2022 California Building Standards Code (CBSC) and adopts specific findings related to local climatic, geological and topographical conditions that support the proposed local amendments.
BACKGROUND: The State of California adopts a set of new updated construction codes every three years referred to as the California Building Standards Code (CBSC). This set of standards contains the 2022 California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Historic Building Code, California Fire Code, California Existing Buildings Code, California Green Building Standards Code, and California Residential Code. As part of this code adoption, staff recommends adopting by reference the 2021 International Swimming Pool and Spa Code and the 2021 International Property Maintenance Code with amendment. The purpose of this agenda item is to amend the 2022 California Building Standards Code that automatically becomes effective January 1, 2023 with certain administrative provisions and technical provisions based on Fremont’s local conditions.
The City Council introduced the draft ordinance at the regular City Council meeting on October 4, 2022. The staff report, draft ordinances and proposed findings contained detailed descriptions of the specific local climactic, geological and topographical conditions that support the proposed local amendments.
DISCUSSION/ANALYSIS: In order for the City to adopt local amendments, the City must adopt specific detailed findings justifying the need for the local amendments. The City must file the findings with the California Building Standards Commissions.
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 California Building Standards Code. The proposed findings are enclosed with this staff report.
Staff Report (ID # 4658) Meeting of November 1, 2022
Updated: 10/27/2022 8:12 AM by Alberto Quintanilla Page 2
The proposed findings specify the local climatic, geological and topographical conditions that support changes in the building codes. The proposed amendments to the Building Standards Codes are based primarily on earthquake and climatic conditions. The proposed findings specify the local climatic, geological and topographical conditions that support the proposed amendments to the fire code and serve to minimize the effects of these conditions on the size and scope of residential, commercial and industrial fires or hazardous materials incidents in the City of Fremont..
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 with the exception of Code Enforcement, which is supported by the General Fund. The proposed code adoption would not change the current cost for these services and would not require any 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: None.
ATTACHMENTS:
• Draft Resolution- Findings for Modification to Building Standards Code • Draft Ordinance Adopting 2022 Building Code
• Draft Ordinance Adopting 2022 Fire Code
RECOMMENDATION:
1. Hold a public hearing.
2. Waive full second reading and adopt the attached ordinance adopting by refence and amending the 2022 California Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building Standards, Existing Building, Energy, and Historical Building, and the 2021 International Swimming Pool and Spa Code and the 2021 International Property Maintenance Code.
3. Waive full second reading and adopt the attached ordinance adopting by reference and amending the 2022 Fire Code.
4. Adopt the attached resolution making findings that the amendments to the 2022 California Building Standards Code are reasonably necessary because of local conditions.