STAFF REPORT TO THE CITY COUNCIL
TO: Mayor Walker-Griffin and Members of the City Council SUBMITTED BY: Timothy Rood AICP, Community Development Director Larissa Alchin, M-Group Consultant Planner
MEETING DATE: January 24, 2023
SUBJECT: Ordinance to Amend Hercules Municipal Code Title 9, Chapters 1-18, Adopting by Reference the New California Code of Regulations Title 24, 2022 Edition of the California Building Standards Code with amendments developed by City of Hercules, Contra Costa County and the Rodeo–Hercules Fire Protection District.
RECOMMENDATION
That the City Council:
Adopt second reading of amended Ordinance.
EXECUTIVE SUMMARY
This ordinance would update the City’s building and fire codes to the current cycle. Every three years, the State of California updates the California Code of Regulations, Title 24, which includes the building and fire codes. During this cycle, the State Building Standards Commission adopts and publishes amendments to national model codes and updates codes specific to California. These model codes with State amendments and California-specific codes went into effect in every city and county in the state on January 1, 2023. The Health and Safety Code allows local jurisdictions to either adopt the State codes as is, or modify them based on local geologic, climatic, or topographic conditions, with required findings and notification to the State. The amendments were coordinated with the Contra Costa County Department of Conservation and Development and the Rodeo-Hercules Fire District. They would adopt the 2022 construction codes with local amendments consistent with the amendments adopted by the County and the Fire District, except that the provisions of the City’s 2022 All-Electric Ordinance would be preserved.
The City Council approved the first reading of this ordinance on January 10, 2023.
BACKGROUND
California’s statewide construction codes are updated every three years. The attached draft ordinance would update the City’s Building and Fire Codes for the 2022 code cycle, in alignment with County and Fire District code updates as well as the City’s All-Electric Building Code. The proposed ordinance also amends the statewide codes due to local conditions as described in the attached County and Fire Protection District ordinances and adopted findings.
Construction Code Amendments
The California Building Standards Commission has adopted the 2022 California Building Standards Code (CBSC), replacing the 2019 CBSC. The CBSC includes the California Building, Residential, Electrical, Plumbing, Mechanical, Green Building Standards, Fire, Energy, Historical Building, and Existing Building Codes. These statewide codes will be effective January 1, 2023.
The codes used by the City of Hercules for construction are: Administrative Code, Building Code, Plumbing Code, Mechanical Code, Electrical Code, Building Security Code, Abatement of Dangerous Buildings, Energy Code, Historical Code, Existing Building Code, Referenced Standards Code, Fire Code, Green Building Standards Code, and Residential Code. The City also adopts Title 25, Division 1, Chapter 1, Uniform Housing Code, and the International Property Maintenance Code, which are not part of the California Code of Regulations.
DISCUSSION
Title 24 of the California Building Standards Code of Regulations contains most of the construction codes adopted by the City of Hercules. After a thorough review process that takes place over a three-year period, the CBSC is developed and published in its entirety by order of the California Legislature. Jurisdictions then have two choices: adopt the codes as printed, or adopt the codes with amendments. A city or county may establish more restrictive building standards (amendments) reasonably necessary because of local climatic, geological, or topographical conditions. Whenever an enforcement authority wants to make the Code more stringent than the published version, they must submit the request to the California Building Standards Commission and present a basis of conditions that make the changes necessary. The code changes contained in the amended ordinance as recommended have been proposed and approved by the Contra Costa County Board of Supervisors (Board) (Attachment 2), and the findings of necessity have been filed with the California Building Standards Commission.
The City’s adoption of County amendments is authorized in Sections 50020-50022.9 of the California Government Code without adopting separate filing of findings and therefore their findings are attached to this staff report (Attachment 3) and are not required to be forwarded to the California Building Standards Commission. Staff took the County’s Ordinance and integrated it into the City’s Municipal Code format, except for the County’s all-electric building amendment, which is different from the City’s all-electric ordinance.
All-Electric Ordinance
On May 24, 2022, the City of Hercules adopted Ordinance No. 539 “All-Electric Ordinance” (Attachment 4) amending Chapter 5 of Title 9 of the Hercules Municipal Code to require all newly constructed and rebuilt residential, detached accessory dwelling unit, hotel, and office type buildings be all-electric buildings, with exemptions. An all-electric building is defined as a building that has no natural gas or propane plumbing within the building and uses electricity as the sole source of energy for its space heating, water heating, cooking appliances and clothes drying appliances. This amendment would impose a stricter standard than that included in the statewide code, as the statewide code has no requirement for all-electric buildings, and it is consistent with the current All-Electric Ordinance previously adopted by Council.
County Ordinance
During review of the City’s draft ordinance, and after the agenda materials were posted, County staff identified three items that had been modified by the Board during the Contra Costa Board of Supervisors hearing to adopt the 2022 CBSC. Those changes have been incorporated in this report and draft ordinance in order to keep the City’s requirements for EV Chargers consistent with the County’s. This consistency greatly facilitates effective administration of the Building code by City and County staff.
These three changes are as follows:
Section 4.106.4.2.1 on page 36 changed to 10% EV Charger requirement for <20 dwelling/sleeping units Section 4.106.4.2.2 on page 38 added (buildings with 20 or more units) The non-residential table 5.106.5.3.1 on page 41 changed to 10% EVCS The following are the substantive changes to the 2022 California Building Standards Code as adopted by Contra Costa County:
Modifications to the 2022 California Building Code
Require the installation of a hard-wired smoke detector in existing flat roof buildings when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed. This amendment is the same as the local amendment made to the previous statewide code.
Require more reinforcing in some building foundations to better withstand seismic forces found in this region of California. This amendment is the same as the local amendment made to the previous statewide code.
Modifications to the 2022 California Residential Code
Prohibit the use of gypsum wallboard as seismic bracing.
Restrict the use of Portland Cement Plaster as seismic bracing to single-story single- and two-family dwellings and accessory structures.
Modifications to the 2022 California Green Building Standards Code The electric vehicle charging station (EVCS) requirements in the statewide code for new multi-family buildings now meet or exceed the local amendments made to the previous statewide code, with the substantive exceptions noted below.
The statewide code does not require fully-functional EVCS for new multi-family dwellings, hotels, and motels when fewer than 20 dwelling units, sleeping units, or guest rooms exist. The statewide code requires that 10 percent and 25 percent of the total number of parking spaces be “EV Capable” or “EV Ready” respectively. These spaces are equipped with the electrical conduit and other associated electrical infrastructure to support the future installation of electric vehicle charging devices. The ordinance would require that in addition to the statewide requirements as noted above, an additional 10 percent of the total number of parking spaces be equipped with fully-functional electric vehicle charging equipment. This would match the statewide code requirements for multi-family dwellings with 20 or more units and aligns with the prior Board decision not to exempt smaller multi-family dwellings from the requirement to have fully-functional charging stations. This amendment would impose a stricter standard than that included in the statewide code, and the number of fully operational electric vehicle charging stations is consistent with the current policy previously adopted by the Board.
The statewide code does not require fully-functional EVCS for new multi-family dwellings, hotels, and motels when 20 or more dwelling units; and hotels and motels with 20 or more sleeping units or guest rooms exist. The statewide code requires that 10 percent and 25 percent of the total number of parking spaces be “EV Capable” or “EV Ready” respectively. These spaces are equipped with the electrical conduit and other associated electrical infrastructure to support the future installation of electric vehicle charging devices. The ordinance would require that in addition to the statewide requirements as noted above, an additional 10 percent of the total number of parking spaces be equipped with fully-functional electric vehicle charging equipment. This would match the statewide code requirements for multi-family dwellings with 20 or more units and aligns with the prior Board decision not to exempt smaller multi-family dwellings from the requirement to have fully-functional charging stations. This amendment would impose a stricter standard than that included in the statewide code, and the number of fully operational electric vehicle charging stations is consistent with the current policy previously adopted by the Board.
The electric vehicle charging station (EVCS) requirements in the statewide code for new non-residential buildings now meet or exceed the local amendments made to the previous statewide code, with the substantive exceptions noted below.
The statewide code requires that building sites include spaces for both future “EV Capable” spaces that are equipped with the electrical conduit and other associated electrical infrastructure to support the future installation of electric vehicle charging devices and fully-functional EVCS, but the number of fully-functional EVCS spaces required by the statewide code is generally limited to 4-5 percent of the total number of parking spaces. The ordinance would amend the number of fully-functional EVCS spaces required to a minimum of 10 percent of the total number of parking spaces, which maintains requirements previously adopted by the Board. This amendment would impose a stricter standard than that included in the statewide code, and the number of fully operational electric vehicle charging stations is consistent with the current policy previously adopted by the Board.
The statewide code does not require fully-functional EVCS where the total number of parking spaces provided is fewer than 26. The ordinance would require a proportional number of fully-functional EVCS spaces where the number of parking spaces is 10 or more, which is the threshold previously adopted by the Board. This amendment would impose a stricter standard than that included in the statewide code, and the number of fully operational electric vehicle charging stations is consistent with the current policy previously adopted by the Board.
More restrictive construction waste reduction, disposal, and recycling standards consistent with those presently enforced in the County, including: Apply construction waste management requirements in the statewide code to certain projects for existing residential buildings, including the following: Projects that increase the total combined conditioned and unconditioned building area by 5,000 square feet or more. Projects that impact 5,000 square feet or more of the total combined conditioned and unconditioned building area. Demolition projects when a demolition permit is required, except demolition projects that are necessary to abate a public nuisance. Delete the exception from construction waste management requirements for projects solely based on their isolated location from diversion facilities. Require measuring and documentation of all generated debris to ensure that at least 65% is diverted from landfills. These amendments are the same local amendments made to the previous statewide code.
Modifications to the 2022 California Existing Building Code The amendments to the 2022 California Existing Building Code are not substantive in nature and are limited to administrative provisions for the use and enforcement of this Code and to be consistent with the administrative provisions of the other statewide codes as amended.
Since Contra Costa County has been providing building inspection and plan check services for the City for many years and is anticipated to continue doing so in the future, staff agrees with and recommends adoption of the proposed amendments to the codes, which will help ensure uniform plan check and inspections whether in Hercules or another part of the County. However, as previously noted, one exception to the County amendments will be made for the City’s recently adopted All-Electric Ordinance (Attachment 4) replacing the County’s all electric amendment.
Fire Code Amendments
The Hercules-Rodeo Fire Protection District (District) Board of Directors recently approved its 2022-01 Fire Code ordinance with amendments and findings in support based on facts of local climatic, geological, or topographical conditions (see Attachment 5 for amendments and Attachment 6 supporting findings). RHFD requests that the City ratify the Fire Code and amendments thereto prior to submitting to the California Building Standards Commission.
The City’s adoption of the Fire District’s amendments is authorized in Sections 50020-50022.9 of the California Government Code without adopting separate filing of findings, and therefore the District’s findings are attached to this staff report (Attachment 6) herein and are not required to be forwarded to the California Building Standards Commission.
Staff has reviewed the amendments proposed by the Fire District and integrated their Ordinance into the City’s Municipal Code format and is recommending incorporation of the amendments into the Hercules Municipal Code as approved by the Rodeo-Hercules Fire Protection District Board of Directors.
ATTACHMENTS
Draft Ordinance
Contra Costa County Ordinance No. 2022-35 – Building Code Adoption for integration Contra Costa County Ordinance No. 2022-35 Supporting Findings for Building Code Modifications City of Hercules All-Electric Ordinance No. 539
Rodeo–Hercules Fire Protection District Ordinance #2022-01 - Fire Code for integration Staff Report - Rodeo–Hercules Fire Protection District Ordinance #2022-01 – Supporting Findings for Fire Code Modifications