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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE SPECIAL CITY COUNCIL
AGENDA ITEM
Report: Introduction and Adoption of Ordinance Amending 2023 Glendale Building and Safety Code and Adoption of Amended Findings
1. Ordinance for Introduction Amending City of Glendale Ordinance 5998 which established the 2023 Glendale State Building Code relating to:
a. Section IA-38, Table 1004.1.2 Maximum Floor Area Allowances per occupant
b. Section IA-39, Table 1006.2.1 Spaces With One Exit or Exit Access Doorway
c. Section IA-104, Appendix F Rodent Proofing
d. Section IA-73, Section 2113.1 General
2. Resolution Adopting Findings and Analysis of Amendments to the California Building Standards Code [Title 24, California Code of Regulations]
COUNCIL ACTION
Item Type: Action Item
Approved for April 30, 2024 calendar
EXECUTIVE SUMMARY
Every three years the State of California adopts new model codes to establish uniform building standards for construction and maintenance of buildings, plumbing systems, mechanical systems, electrical systems, and fire and life safety systems. Pursuant to Health and Safety Code Section local jurisdictions are mandated to adopt such codes along with any amendments desired by the local jurisdiction after which the adopted amendments are submitted to the California Building Standards Commission (CBSC).
On November 15, 2022, the City Council adopted Ordinance No. 5998 which established the 2023 Glendale Building and Safety Code. A subsequent letter dated March 5, 2024, from the CBSC informed the City that we should not be enforcing these amendments unless they are justified based upon the local geologic, topographic, or climatic conditions, and requiring the City to readopt findings or remove these local amendments (see Exhibit 2). The Community Development Department is requesting to amend Ordinance No. 5998 by removing and/or altering four amendments subject to justification of local climatic, geological, and/or topographical conditions. 2{{section.number}}{{item.number}}
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RECOMMENDATION
Adopt the Resolution Adopting Findings and introduce and adopt an ordinance amending four (4) amendments contained in Ordinance 5998 which adopted the 2022 Building and Safety Code.
ANALYSIS
Every three years, the State of California adopts new model codes to establish uniform standards for the construction and maintenance of buildings, plumbing systems, mechanical systems, electrical systems, and fire and life safety systems. Pursuant to Health and Safety Code Section 18941.5, local jurisdictions are mandated to adopt such state codes, generally within 180 days after publication of the code by the California Building Standards Commission. Prior to adoption, amendments to the state codes desired by the local jurisdiction may be made if each amendment can be justified on the basis of a local climatic, geological, and/or topographical condition which affects the jurisdiction.
On November 15, 2022, pursuant to Health and Safety Code 18941.5, the City of Glendale adopted Resolution 22-162, which adopted legislative findings supporting the amendments and changes to the California State Building Code as contained in Ordinance 5998 which established the 2023 Glendale Building and Safety Code. Four of the amendments contained in the ordinance Section IA-38, Table 1004.1.2 Maximum Floor Area Allowances per occupant; Section IA-39, Table 1006.2.1 Spaces With One Exit or Exit Access Doorway, Section IA-73, Section 2113.1 General and Section IA- 104 and Appendix F Rodent Proofing were adopted with a justification that these were an administrative action since the amendments were developed to match the City’s Zoning Code. These justifications were the same justifications that were accepted by the California Building Standards Commission (“CBSC”) in the 2019 process adopting the 2020 Glendale Building and Safety Code.
Upon review of the City’s latest ordinance, the CBSC has determined that they are no longer accepting an administrative justification of these code changes and in a letter dated March 5, 2024, has informed the City that we should not be enforcing these amendments (Exhibit 2) unless they are justified based upon the local geologic, topographic, or climatic conditions.
The code amendments areas affected are with respect to the following:
1. Section IA-38, TABLE 1004.1.2 MAXIMUM FLOOR AREA ALLOWANCES PER OCCUPANT - This amendment defines an occupant load factor for billiard/pool tables and garment manufacturing; and
2. Section IA-39, TABLE 1006.2.1 SPACES WITH ONE EXIT OR EXIT ACCESS DOORWAY - This amendment defines a second exit threshold for garment manufacturing; and
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3. Section IA – 104. Appendix F RODENT PROOFING. This amendment establishes protection to building and structures from rodents.
4. Section IA – 73., 2113.1 General. This amendment defines the requirements for a partial repair of an existing masonry chimney.
The Community Development Department has reviewed the impacts of enforcing the State code language as opposed to the City’s amended language and concluded that this would not affect the City’s ability to enforce Zoning Code or DRB regulations for amendments (1) Section IA-38, TABLE 1004.1.2 MAXIMUM FLOOR AREA ALLOWANCES PER OCCUPANT , (2) Section IA-39, TABLE 1006.2.1 SPACES WITH ONE EXIT OR EXIT ACCESS DOORWAY and (3) 1. Section IA – 104. Appendix F RODENT PROOFING. As such, staff recommends removing all three local amendments and instead adopting the State code language.
Additionally, staff has reevaluated amendment (4) Section IA – 73., 2113.1 General, and concluded that a local geotechnical justification is appropriate. The new justification, in lieu of an administrative justification, will satisfy CBSC’s concerns. Staff’s recommendation is to modify the amendment by removal of the administrative justification and application of a geotechnical justification for Section IA – 73., 2113.1 General.
The strikethrough language of the affected amendments can be found in Exhibit 1 under their respective section (page 40, 42, 104, and 345).
STAKEHOLDERS/OUTREACH
Not applicable.
FISCAL IMPACT
There is no fiscal impact
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The adoption of the Resolution and Ordinance is exempt from further review under the California Environmental Quality Act (CEQA) in that it is not a project which has the potential for causing a significant effect on the environment under Title 14 of the California Code of Regulations Section 15061(b)(3).
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.
ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1. Decline adoption of ordinance amending the 2022 Glendale Building 4{{section.number}}{{item.number}}
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Code amendments and retain current amendments resulting in the City not being in compliance with the CBSC; or
Alternative 3. Consider another alternative not proposed by staff.
ADMINISTRATIVE ACTION
Submitted by:
Bradley Calvert, Director of Community Development
Ara Sargsyan, Building Official
Prepared by:
Ara Sargsyan, Building Official
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit 1: Analysis of Amendments to the California Code of Regulations Exhibit 2: Letter from California Building Standards Commission dated March 5, 2024