Agenda Packet — Hercules City Council, January 13, 2026

Tuesday, January 13, 2026
7:00 PM
City of Hercules
111 Civic Drive
Hercules, CA 94547
City Council
Mayor Chris Kelley
Vice Mayor Alex Walker-Griffin
Council Member Dilli Bhattarai
Council Member Tiffany Grimsley
Council Member Dion Bailey
Dante Hall, City Manager
Christie Crowl, City Attorney
Eibleis Melendez, City Clerk
Meeting Agenda
REGULAR MEETING - 7:00 P.M
In-Person in Council Chambers or Via Zoom:

Zoom ID: 817 3998 1935 Zoom Passcode: 025752
Zoom Phone Number: 1-669-900-6833
1 January 13, 2026City Council Meeting Agenda
See last pages of agenda for information regarding meeting procedures To view webcast of meetings, live or on demand, go to the City's website at www.ci.hercules.ca.us I. SPECIAL CLOSED SESSION – NONE
II. PUBLIC COMMUNICATION - NONE
III. CONVENE INTO CLOSED SESSION - NO CLOSED SESSION
IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 7:00 P.M.

V. A. REPORT ON ACTION TAKEN IN CLOSED SESSION - NO CLOSED SESSION B. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER

TO PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449
VI. PLEDGE OF ALLEGIANCE
VII. MOMENT OF SILENCE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS

1. 25-333
Proclamation - Police Officer of the Year
ProclamationAttachments:

IX. AGENDA ADDITIONS/DELETIONS
X. PUBLIC COMMUNICATIONS
This time is reserved for members of the public to address issues not included in the agenda. In accordance with the Brown Act, Council will refer to staff any matters brought before them at this time, and those matters may be placed on a future agenda.

Individuals wishing to address the City Council are asked to complete a form indicating the name and address of the speaker and the general topic to be addressed. Speakers must make their comments from the podium and will be allowed 3 minutes to discuss their concerns. All public comments are recorded and become part of the public record. A limit of 30 minutes will be devoted to taking public comment at this point in the agenda. If any speakers remain at the conclusion of the initial 30 minute period, time will be reserved at the conclusion of the meeting to take the remaining comments.

XI. PUBLIC HEARINGS

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2 January 13, 2026City Council Meeting Agenda
XII. CONSENT CALENDAR

1. 25-339 Meeting Minutes for the Regular Meeting of December 9, 2025 Meeting Minutes for the Regular Meeting of December 9, 2025Attachments:

2. 25-335 Recognized Obligation Payment Schedule for the period of July 1, 2026, through June 30, 2027 (ROPS 26-27)
RECOMMENDATION:

Adopt a resolution approving the Recognized Obligation Payment Schedule for the period July 1, 2026, through June 30, 2027 (ROPS 26-27) Staff Report
Attach 1 - Resolution
Attach 2 - Hercules ROPS 26-27
Attachments:

XIII. DISCUSSION AND/OR ACTION ITEMS

1. 25-336 Ordinance to repeal and replace Hercules Municipal Code Title 9, Chapters 1-18, re-locating appeals provisions, adopting by reference Contra Costa County Ordinance No. 2025-19, No. 2025-15, and No. 2025-14, which adopts the 2025 California Code of Regulations, Title 24, with changes, additions, and deletions, adopting by reference the Uniform Code for Abatement of Dangerous Buildings 1997 edition with existing amendments, additions, and deletions, and adopting by reference the International Property Maintenance Code 2024 Edition with amendments, additions, and deletions.

RECOMMENDATION:

That the City Council:

1. Request planning staff present the staff report;

2. Receive comments from the public;

3. Request clarification from staff on any issues related to the Ordinance;

4. Adopt first reading of amended Ordinance.

Staff Report
Attach 1 - Construction Codes 2025 Ordinance
Attach 2 - Building Code Ord No. 2025-19
Attach 3 - Fire Code Ord No. 2025-14
Attach 4 - WUI Ord No. 2025-15
Attachments:

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3 January 13, 2026City Council Meeting Agenda

2. 25-337 Waive first reading and introduce an Ordinance Amending Hercules Municipal Code Title 5, Chapter 4.16 Sewer Service Charges to Establish a Residential Waiver Program and Appeals Process RECOMMENDATION:

Waive first reading and introduce an Ordinance Amending Hercules Municipal Code Title 5, Chapter 4.16 Sewer Service Charges and Establishing a Residential Waiver Program and Appeals Process Staff Report
Attach 1 - Ordinance Sewer Code
Attach 2 - Exhibit A to Ordinance
Attachments:

3. 25-338 Award of a Construction Contract to Frontline General Engineering Construction, Inc. for the Refugio and Foxboro Park Improvement Project
RECOMMENDATION:

Adopt a resolution authorizing the City Manager to execute a construction contract with Frontline General Engineering Construction, Inc. (Frontline) in the amount of $895,814.00 for the Refugio and Foxboro Park Improvement Project, including parking lot slurry seal alternate bid item, authorizing an additional expenditure of up to $89,581.40 for a 10 percent contingency on said construction contract, for a total not to exceed contract amount of $985,395.40.

Staff Report
Attach 1 - Resolution
Attach 2 - Project Location Map
Attachments:

4. 25-341 2026 Council Appointments on Regional Committees and Council Subcommittees
RECOMMENDATIONS:

Review and make Council Appointments to Regional Committees and Council Subcommittees.

Staff Report - Council Appointments to Regional Committees Attach 1 - 2025 City Council Regional Appointments
Attachments:

XIV. PUBLIC COMMUNICATIONS
This time is reserved for members of the public who were unavailable to attend the Public Communications period during Section X of the meeting, or were unable to speak due to lack of time. The public speaker requirements specified in Section X of this Agenda apply to this Section.

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4 January 13, 2026City Council Meeting Agenda
XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,

COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS

AND FUTURE AGENDA ITEMS
This is the time for brief announcements on issues of interest to the community. In accordance with the provisions of the Brown Act, matters which do not appear on this agenda but require City Council discussion may be either (a) referred to staff or other resources for factual information or (b) placed on a future meeting agenda.

1. Regional Committee
a. Contra Costa Mayors Conference
b. Hercules/ Pinole - WasteWater Management
c. League of Cities
d. Water Emerg. Transportation Authority
e. WCCIWMA
f. WCCTAC
g. West Co. Mayors & Supervisors Assoc. Meeting
h. WestCat
I. MCE
j. CCTA
k. East Bay Wildfire Coalition of Governments

2. City Council Committees and Subcommittees
a. Econ. Dev. Subcommittee
b. Traffic and Public Safety Committee
c. East Bay Economic Development Alliance
d. Education Subcommittee

3. Commission Liaisons
a. Community & Library Services Commission
b. Finance Commission
c. Planning Commisison
XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, January 27, 2026 at 7:00p.m. in the Council Chambers.

Agendas are posted in accordance with Government Code Section 54954.2(a) or Section 54956.

Members of the public can view electronic agendas and staff reports by accessing the City website at www.ci.hercules.ca.us and can receive e-mail notification of agenda and staff report postings by signing up to receive an e-notice from the City’s homepage. Agendas and staff reports may also be obtained by contacting the City Clerk at (510) 799-8200 (Posted: January 8, 2026)

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5 January 13, 2026City Council Meeting Agenda

INSTRUCTIONS ON HOW TO PARTICIPATE AND WATCH THE HERCULES CITY COUNCIL AND PLANNING

COMMISSION HYBRID MEETINGS
Attend in Person: Hercules City Council Chambers – 111 Civic Drive, Hercules, CA 94547 Attend via Zoom Teleconference: Details provided below and zoom webinar login, passcode and phone numbers provided on the agenda cover.

How to Submit Public Comments
In Person: Attend meeting at the Hercules City Council Chambers, fill out a public speaker card located on the side table and submit it to the City Clerk.

Via Zoom: Members of the public may submit a remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here or go to: https://www.zoom.us/join. Zoom also allows you to join by phone at +1-669-900-6833 or +1-929-205-6099 or +1-253-215-8782.

Written Comments Submitted Electronically: All comments received before 3:00 p.m. the day of the meeting will be provided to the City Council prior to the meeting and posted to the City’s agenda website and located by clicking on the “meeting details” tab. Written comments received after 3:00 p.m. will be provided to City Council and posted to the agenda website the following day. Written comments will not be read aloud during the meeting. Email comments to [email protected]. Please indicate which item on the agenda you are commenting on in the subject line of your email.

Written comments submitted in person or via mail: Additional ways to provide your public comment is to either drop off your comment in person to the front desk receptionist located in the City Hall lobby or to mail your comment to City of Hercules, ATTN: City Clerk – Public Comment (Meeting Date), 111 Civic Drive, Hercules, CA 94547 in time to reach the City Clerk no later than 3:00 p.m. on the day of the meeting or you can submit your comment by telephone by calling (510) 799-8208 no later than 3:00 p.m. on the meeting date.

If you need assistance with public comment, please contact: Eibleis Melendez, City Clerk at [email protected] or by calling (510) 799-8200.

All public comments will become part of the official meeting record. As email containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email. The City cannot guarantee that its network and/or the website will not be uninterrupted. To ensure that the City Council receives your written comments, you are strongly encouraged to submit your comments in writing in advance of the meeting by 3:00 p.m. on the day of the Council or Commission meeting.

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6 January 13, 2026City Council Meeting Agenda

OTHER WAYS TO WATCH THE MEETING
Live on Channel 28: City Council meetings will replay the following Thursday at 7:00 p.m. and Saturday at 1:00 p.m.

Planning Commission meetings will replay the following Wednesday at 7:00 p.m. and Saturday at 9:00 a.m.

Video Streamed Live on the City’s Website:

To view City Council and Planning Commission meeting videos online go to: Hercules Meeting Videos.

Instructions to view Live or On-Demand Videos from the City’s website:

1. Go to: Hercules Meeting Videos or https://hercules.legistar.com/calendar.aspx.

2. Locate the desired meeting and date.

3. Click the associated “Video” link (Video status is as follows):

Video = Video is available for on demand viewing.

In Progress = Video is available for viewing during live recording.

Not Available = Video is either unavailable or has not been recorded.

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7 January 13, 2026City Council Meeting Agenda

THE HERCULES CITY COUNCIL ADHERES TO THE FOLLOWING POLICIES,

PROCEDURES AND REGULATIONS REGARDING CITY COUNCIL MEETINGS

1. SPECIAL ACCOMMODATIONS: In compliance with the Americans with Disabilities Act, if you require special accommodations to participate at a City Council meeting, please contact the City Clerk at 510-799-8208 at least 48 hours prior to the meeting.

2. AGENDA ITEMS: Persons wishing to add an item to an agenda must submit the final written documentation 12 calendar days prior to the meeting. The City retains the discretion whether to add items to the agenda. Persons wishing to address the City Council otherwise may make comments during the Public Communication period of the meeting.

3. AGENDA POSTING: Agendas of regular City Council meetings are posted at least 72 hours prior to the meeting at City Hall, the Hercules Swim Center, Ohlone Child Care Center, and on the City’s website (www.ci.hercules.ca.us),

4. PUBLIC COMMUNICATION: Persons who wish to address the City Council should complete the speaker form prior to the Council's consideration of the item on the agenda.

Anyone who wishes to address the Council on a topic that is not on the agenda and is relevant to the Council should complete the speaker form prior to the start of the meeting. Speakers will be called upon during the Public Communication portion of the meeting. In accordance with the Brown Act, the City Council may not take action on items not listed on the agenda. The Council may refer to staff any matters brought before them at this time and those matters may be placed on a future agenda.

In the interests of conducting an orderly and efficient meeting, speakers will be limited to three (3) minutes.

Anyone may also submit written comments at any time before or during the meeting.

5. CONSENT CALENDAR: All matters listed under Consent Calendar are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Council or a member of the public prior to the time the City Council votes on the motion to adopt.

6. LEGAL CHALLENGES: If you challenge a decision of the City Council in court, you may be limited to raising only those issues you or someone else raised at the meeting or in written correspondence delivered at, or prior to, the meeting. Actions challenging City Council decisions shall be subject to the time limitations contained in Code of Civil Procedure Section 1094.6.

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8 INTRODUCTIONS/PRESENTATIONS/

COMMISSION REPORTS

AGENDA ITEMS

1. 25-333
9 PROCLAMATION

COMMENDING AND EXPRESSING SPECIAL RECOGNITION TO

OFFICER ELIJAH SCHOLL OF THE HERCULES POLICE
DEPARTMENT AS THE 2025 POLICE OFFICER OF THE YEAR
WHEREAS, Elijah Scholl was raised in Napa California, where he graduated from Vintage High School in 2014 and was a member of the golf team; and WHEREAS, after graduating from high school, Elijah immediately enlisted into the United States Marine Corps where he was sent to bootcamp for four months at MCRD San Diego, California; and in December of 2014, Elijah was transferred to Camp Pendleton in San Diego for his specialty training as an Infantry man. Elijah completed this training and was transferred to his duty station at 2 9- Palms, California. A year later, Elijah was deployed to Japan for six months. Elijah returned to his duty base at 29 Palms, and in July of 2018, he completed his commitment to the Marine Corps and was honorably discharged; and
WHEREAS, after his discharge from the Marine Corps, Elijah returned home for a year before movi ng to Monterey where he attended the Monterey Community College while working at the Laguna Seca Golf Ranch; and
WHEREAS, in July of 2020, Elijah moved back to Napa and sponsored himself through the Napa Valley College Police Academy . In June 2021, El ijah successfully completed the academy, and a month later he was hired as a full-time police officer with the Hercules Police Department; and
WHEREAS, in May of 2023, Elijah was selected to be a member of the Hercules Police Department’s Special Response T eam and recognized by his supervisors as an excellent team member; and
WHEREAS, in October 2023, Elijah was selected as the department Traffic Enforcement Officer and successfully passed the POST motorcycle training course which is commonly known as one of the most difficult courses to pass; and WHEREAS, in April of 2025, after multiple years of planning and coordinating, Elijah managed the first production of Every 15 Minutes program in almost 15 years in the City of Hercules. This program has a profound effect on the students at the Hercules High School regarding the consequences of drinking and driving; and WHEREAS, In October of 2025, Elijah secure d a $75,000 Select Traffic Enforcement Program Grant from the California Office of Traffic Safety to help improve roadway safety for vehicles and pedestrians; and
WHEREAS, in a s ecret ballot of his peers Officer Elijah Scholl was selected as Officer of the Year for 2025.

NOW, THEREFORE, BE IT PROCLAIMED that I, Chris Kelley, Mayor of the City of Hercule s, on behalf of the enti re City Council, and the Hercules community, do hereby commend and express appreciation to Officer Elijah Scholl for his dedication to the law enforcement profession and the community he proudly serves.

In witness whereof, I have h ereunto set my hand and caused the seal of the City of Hercules to be affixed this 13th day of January 2026.
__________________________________
Chris Kelley, Mayor
10 CONSENT CALENDAR

AGENDA ITEMS

1. 25-339

2. 25-335
11 111 Civic Drive
Hercules, CA 94547City of Hercules
Meeting Minutes
City Council
Mayor Dion Bailey
Vice Mayor Chris Kelley
Council Member Alex Walker-Griffin
Council Member Dilli Bhattarai
Council Member Tiffany Grimsley
Dante Hall, City Manager
Christie Crowl, City Attorney
Eibleis Melendez, City Clerk
6:00 PMTuesday, December 9, 2025
CLOSED SESSION - 6:00 P.M.; REGULAR MEETING - 7:00 P.M
In-Person in Council Chambers or Via Zoom:

Zoom ID: 865 7349 5338 Zoom Passcode: 496277
Zoom Phone Number: 1-669-900-6833
I. SPECIAL CLOSED SESSION – CALL TO ORDER - ROLL CALL - 6:00 P.M. 1A. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER TO

PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449
Mayor D. Bailey, Vice Mayor C. Kelley, Council Member A. Walker-Griffin, and Council Member T. Grimsley

Present: 4 -
Council Member Dilli BhattaraiAbsent: 1 -
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
NONE
III. CONVENE INTO CLOSED SESSION
The Hercules City Council will meet in Closed Session regarding the following:

1. 25-331
The City Attorney's office read the title of the item to be discussed in Closed Session. Council and Staff convened into Closed Session.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1) - Bruce v. City of Hercules, et al.; United States District Court, Northern District, Case No. 4:25-cv-01297.

Meeting went into Recess

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12 December 9, 2025City Council Meeting Minutes
Meeting Reconvened
IV.

REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 7:00 P.M.

Mayor D. Bailey, Vice Mayor C. Kelley, Council Member A. Walker-Griffin, and Council Member T. Grimsley

Present: 4 -
Council Member Dilli BhattaraiAbsent: 1 -
V. REPORT ON ACTION TAKEN IN CLOSED SESSION
The City Attorney's Office stated that no reportable action was taken in Closed Session.

VI. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was lead by Hercules Boy Scout Troop 76.

VII. MOMENT OF SILENCE
NONE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS

1. 25-316 Herculean Mile Recognition Program - 2025 Award Winners RECOMMENDATION:

Staff recommends the City Council receive an update on the Herculean Mile recognition program and present awards to the winners for the 2025 calendar year.

Staff Report - Herculean Mile Recognition Program
Attach 1 - Herculean Mile Award Winners 2025
Attachments:

Christopher Roke, Parks and Recreation Director, presented the Staff Report. Council provided remarks and recognized the recipients. Pictures were taken.

IX. AGENDA ADDITIONS/DELETIONS
NONE

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13 December 9, 2025City Council Meeting Minutes
X. PUBLIC COMMUNICATIONS
Public Comments were provided by Alison Peters, Kristie Castilow, Tyler Hayes, Joseph Eugene Hunter, Evan Mclaughlin.

This time is reserved for members of the public to address issues not included in the agenda. In accordance with the Brown Act, Council will refer to staff any matters brought before them at this time, and those matters may be placed on a future agenda.

XI. PUBLIC HEARINGS
NONE
XII. CONSENT CALENDAR
Mayor Bailey pulled Agenda Items 3 and 4 from the Consent Calendar and provided further clarification. These items were placed back on the Consent Calendar for approval. Action was taken on this item.

MOTION: A motion was made by Council Member Walker-Griffin, seconded by Vice Mayor Kelley, to adopt the Consent Calendar. The motion carried by the following vote:

Aye: Mayor D. Bailey, Vice Mayor C. Kelley, Council Member A. Walker-Griffin, and Council Member T. Grimsley
4 -

Absent: Council Member Dilli Bhattarai1 -

1. 25-323
Meeting Minutes for the Regular Meeting of November 12, 2025 Meeting Minutes for the Regular Meeting of November 12, 2025Attachments:

APPROVED

2. 25-318 Meeting Minutes for the Special Meeting of November 18, 2025 Meeting Minutes for The Special Meeting of November 18, 2025Attachments:

APPROVED

3. 25-321 Approve a Memorandum of Understanding between the City of Hercules and the Hercules Police Officers’ Association
RECOMMENDATION:

Adopt a Resolution Approving:

1. A 2025-2027 Memorandum of Understanding between the City of Hercules (“City”) and the Hercules Police Officers’ Association (“HPOA”);

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14 December 9, 2025City Council Meeting Minutes
and

2. A Fiscal Year 2025-2026 Master Salary Schedule pursuant to California Public Employees Retirement System (“CalPERS”) effective July 6, 2025 (last updated on November 17, 2025).

Staff Report
Attach 1 - Resolution
Exhibit 1- Hercules HPOA MOU 2025-2027
Exhibit 2 - FY 2025-26 Salary Schedule
Attachments:

APPROVED RESOLUTION 25-075

4. 25-322 Approve a One-Time Non Pensionable Payment of 3% of Total Gross Salary for the 2024-25 Fiscal Year for Employees Covered Under the Executive Level, Mid-Management, and Non-Represented Employee Pay and Benefit Plans
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution approving a three percent (3%) one-time non-pensionable payment for employees covered under the Executive Level, Mid-Management, and
Non-Represented Pay and Benefits Plans and authorize the City Manager to execute any related amendments to the approved 2025-2027 Pay and Benefits Plans.

Staff Report
Attach 1 - Resolution
Attach 2 - Revised 2025-2027 Executive Level Pay and Benefits Plan Attach 3 - Revised 2025-2027 Mid-Management Pay and Benefits Plan
Attach 4 - Revised 2025-2027 Non-Represented Pay and Benefits Plan
Attachments:

APPROVED RESOLUTION 25-074
XIII. DISCUSSION AND/OR ACTION ITEMS

1. 25-317 Commission and Committee Appointments
RECOMMENDATION:

1. Consider making appointments to the Hercules Commissions, Regional Boards and Committees to fill vacancies and expired terms.

2. Following Council appointments, direct Staff to prepare and publish the local appointments list pursuant to Government Code 54972 Staff Report - Commission AppointmentsAttachments:

City Clerk, Eibleis Melendez, introduced the item and presented the Staff Report. Mayor Bailey thanked the applicants for applying. Council Member Grimsley noted that she did not attend the Special Meeting that

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15 December 9, 2025City Council Meeting Minutes
was held for Commission Interviews. No public comment. Council Members asked questions and provided comment. City Attorney, Christie Crowl, provided a response. Council Members voted on the Commission applicants. Action was taken on this item. The following applicants were appointed to Commissions:

Planning Commission:

Dennis Esselsagoe
Hector Rubio
Finance Commission:

Neeru Giri
Sandra Castaneda
Community & Library Services Commission:

Wylendia Eastman
Student Commissioner- Sofia Seiden
Contra Costa Mosquito &Vector Control Board
Mariati Messinger
MOTION: A motion was made by Council Member Walker-Griffin, seconded by Vice Mayor Kelley, to approve the newly appointed Commissioners and to prepare and publish the local appointments list per the Maddy Act. The motion carried by the following vote:

Aye: Mayor D. Bailey, Vice Mayor C. Kelley, Council Member A. Walker-Griffin, and Council Member T. Grimsley
4 -

Absent: Council Member Dilli Bhattarai1 -
XIV. CITY COUNCIL REORGANIZATION

1. 25-315
Proclamation Commending the Leadership and Service of Mayor Dion Bailey
ProclamationAttachments:

Vice Mayor Kelley presented the proclamation commending the service of Mayor Bailey. Council Members made remarks. Mayor Bailey made remarks. Pictures were taken.

2. 25-320
Selection of Mayor and Vice Mayor
RECOMMENDATION:

City Council to Nominate and Appoint a Mayor and Vice-Mayor.

Staff Report - Selection of Mayor and Vice Mayor
Attach 1 - Council Rules of Procedure
Attachments:

City Clerk, Eibleis Melendez, presented the Staff Report. No public

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16 December 9, 2025City Council Meeting Minutes
comment. No discussion by Council. Action was taken on this item. Mayor Kelley made remarks. A brief recess was taken for photos and refreshments.

MOTION: A motion was made by Council Member Grimsley, seconded by Mayor Bailey, to nominate Chris Kelley for Mayor. The motion carried by the following vote:

Aye: Mayor D. Bailey, Vice Mayor C. Kelley, Council Member A. Walker-Griffin, and Council Member T. Grimsley
4 -

Absent: Council Member Dilli Bhattarai1 -
MOTION: A motion was made by Council Member Grimsley, seconded by Mayor Bailey, to nominate Alex Walker -Griffin as Vice Mayor. The motion carried by the following vote:

Aye: Mayor D. Bailey, Vice Mayor C. Kelley, Council Member A. Walker-Griffin, and Council Member T. Grimsley
4 -

Absent: Council Member Dilli Bhattarai1 -

RECESS AND REFRESHMENTS

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17 December 9, 2025City Council Meeting Minutes
XV. DISCUSSION AND/OR ACTION ITEMS

1. 25-319 City Council Regular Meeting Dates for 2026
RECOMMENDATION:

Staff recommends that the Council review the schedule of City Council Regular Meeting Dates in 2026 and consider canceling one or both regular meetings in August.

Staff Report - Meeting Schedule 2026
Attach 1- DRAFT - 2026 Meeting Calendar
Attachments:

Mayor Kelley reconvened the meeting. Mayor Kelley presented the item.

No public comment. Council discussed the item. Action was taken on this item.

MOTION: A motion was made by Council Member Bailey, seconded by Council Member Grimsley to approve the 2026 meeting calendar with no meetings planned for the month of August. The motion carried by the following vote:

Aye: Mayor D. Bailey, Vice Mayor C. Kelley, Council Member A. Walker-Griffin, and Council Member T. Grimsley
4 -

Absent: Council Member Dilli Bhattarai1 -
XVI. PUBLIC COMMUNICATIONS
This time is reserved for members of the public who were unavailable to attend the Public Communications period during Section X of the meeting, or were unable to speak due to lack of time. The public speaker requirements specified in Section X of this Agenda apply to this Section.

NONE

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18 December 9, 2025City Council Meeting Minutes
XVII. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,

COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS

2. City Council Committees and Subcommittees
a. Econ. Dev. Subcommittee
b. Traffic and Public Safety Committee
c. East Bay Economic Development Alliance
d. Education Subcommittee

3. Commission Liaisons
a. Community & Library Services Commission
b. Finance Commission
c. Planning Commisison
City Manager Hall highlighted the Hercules Tree Lighting event. Parks and Recreation Director Christopher Roke provided an update of the event.

City Manager Hall also announced other upcoming December events. No announcements from City Attorney Crowl.

1. Regional Committees
Vice Mayor Walker-Griffin reported out on the League of Cal Cities- East Bay Division meeting and the Monthly Contra Costa Mayors Conference.

Council Member Grimsley mentioned that the WestCat December meeting was cancelled. Council Member Bailey reported out on the last WestCat and Marin Clean Energy meeting. Mayor Kelley reported out on the West County Integrated Waste Management and Contra Costa Transportation

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19 December 9, 2025City Council Meeting Minutes
Authority meeting as well as the Mayor Conference.

2. City Council Committees and Subcommittees
No reports were provided

3. Commission Liaisons
No reports were provided
Council Members also reported out on events they attend throughout the City and County, which included the Hercules Tree lighting event.

City Manager Hall provided an update on the Republic Services rebate There were no Future Agenda Item Requests by Council.

XVIII. ADJOURNMENT
Mayor Kelley adjourned the meeting at 8:36pm.
_________________________________
Chris Kelley, Mayor
Attest:
_______________________________
Eibleis Melendez, City Clerk

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20 CONSENT CALENDAR

AGENDA ITEMS

2. 25-335
21 THE CITY OF HERCULES AS SUCCESSOR AGENCY TO THE

HERCULES REDEVELOPMENT AGENCY
DATE:

TO:

SUBMITED BY:

SUBJECT:

Regular Meeting of January 13, 2026
The City of Hercules as Successor Agency to the Hercules Redevelopment Agency
Dante Hall, City Manager/Executive Director
Edwin Gato, Director of Finance
Recognized Obligation Payment Schedule for the period of July 1,
2026, through June 30, 2027 (ROPS 26-27)
RECOMMENDED ACTION:

Adopt a
resolution approving the Recognized Obligation Payment Schedule for the period July 1, 2026, through June 30, 2027 (ROPS 26-27).

DISCUSSION:

Health and Safety Code (HSC) Section 34177 requires that successor agencies must, amongst other things, prepare a Recognized Obligation Payment Schedules (ROPS) for each upcoming fiscal year. A ROPS is the document that sets forth the maximum payment amounts and due dates of payments required by enforceable obligations. Enforceable obligations are defined in HSC Section 34171(d) and include the payment of bonds and loans, payments required by the federal government, judgments or settlements, any legally binding agreement or contract, and contracts or agreements necessary for the administration or operation of the successor agency.

HSC Section 34177(1) requires successor agencies to submit the ROPS to a Countywide Oversight Board and California Department of Finance (DOF) for approval.

The ROPS template used for the ROPS 26-27 includes the following worksheets:

1. Recognized Obligation Payment Schedule Summary

2. Recognized Obligation Payment Schedule – ROPS Detail - This worksheet includes a section for ROPS A (July 1, 2026 through December 31, 2027) and a section for ROPS 26-27 B (January 1, 2027 through June 30, 2027). 22 3. Recognized Obligation Payment Schedule – Report of Cash Balances

4. Recognized Obligation Payment Schedule – Notes
Summary of Obligations
Hercules ROPS 26-27 requests $10.1 million in obligations from Redevelopment Property Tax Trust Funds (RPTTF). Obligations consist of bond debt service and related fees ($7.9 million), payments owed to third parties pursuant to two agreements entered into prior to dissolution ($1.9 million), and the annual administrative cost allowance ($250,000).

Prior Period Adjustment and Cash Balance
The ROPS 26-27 Report of Cash Balance worksheet shows $7 .1 million in RPTTF money received for the ROPS 23-24 ( July 1, 2023, through June 30, 2024) fully expended. It also reports $2.2 million in Reserve Balances that were expended or continue to be held for future ROPS.

The Recognized Obligation Payment Schedule (ROPS) are posted on the City of Hercules website (www.ci.hercules.ca.us).

ATTACHMENTS:

1. Resolution approving the Recognized Obligation Payment Schedule (ROPS) for the period July 1, 2026, through June 30, 2027

2. ROPS 26-27
23 HERCULES CITY COUNCIL

RESOLUTION NO

THE CITY OF HERCU LES AS SUCCESSOR AGENCY TO THE HERCU LES

REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED
OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD JULY 1, 2026, THROUGH JUNE 30, 2027 (ROPS 26-27)
WHEREAS, on December 29, 2011, the California Supreme Court issued its final decision in the litigation of California Redevelopment Association v. Matosantos, upholding Assembly Bill x1 26 (codified as Health and Safety Code 34161-34191) (“ABx1 26”) and invalidating Assembly Bill x1 27 (the legislation that would have permitted redevelopment agencies to continue operation if their sponsoring jurisdiction agreed to make certain payments for the benefit of schools and special districts) and as a result, all California redevelopment agencies were dissolved, effective February 1, 2012 and WHEREAS, pursuant to California Health and Safety Code (“HSC”) Section 34173(d), on anuary 10, 2012 by Resolution No 12-005, the Council of the City of Hercules elected to become the Successor Agency to the Hercules Redevelopment Agency (“Agency”) (non- housing) and
WHEREAS, HSC Section 34179 require s tha t certain Successo r Agency action s are subject to Oversight Board approval and
WHEREAS, HSC Section 34177 requires each Successor Agency to prepare a draft Recognized Obligation Payment Schedule (“ROPS”) and HSC Section 34180 requires the Oversight Board to approve same and
WHEREAS, HSC Section 34177 provides that each ROPS shall be forward looking to the
next fiscal year and
WHEREAS, HSC Section 34177(o) states that the Recognized Obligation Payment Schedule shall be submitted by the Successor Agency, after approval by the Oversight Board to the California Department of Finance.

NOW, THEREFORE, BE IT RESOVED
that the City of Hercules as Successor Agency
to the Hercules Redevelopment Agency, hereby finds and determines:
(1) The ROPS is hereby approved for the period July 1, 2026, through June 30, 2027 (ROPS 26-27) attached hereto as Exhibit A.
(2) Staff is directed to provide a copy of this Resolution along with the approved draft ROPS to the Contra Costa County Countywide Oversight Board, County Auditor Controller, the State Controller’s Office and the State Department of Finance. 24 The foregoing Resolution was duly and regularly adopted by the City of Hercules as Successor Agency to the Hercules Redevelopment Agency at its meeting held on the 13th day of January 2026 by the following vote of the Council:

AYES:

NOE
S:

ABSENT:

ABSTAIN:
_________________________
Chris Kelley, Chair
ATTEST:

Eibleis Melendez, City Clerk
25 Recognized Obligation Payment Schedule (ROPS 26-27) - Summary Filed for the July 1, 2026 through June 30, 2027 Period Successor Agency: Hercules
County: Contra Costa
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
26-27A Total
(July -
December)
26-27B Total
(January -
June)
ROPS 26-27
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 5,011,721 $ 5,054,770 $ 10,066,491 F RPTTF 4,886,721 4,929,770 9,816,491
G Administrative RPTTF 125,000 125,000 250,000
H Current Period Enforceable Obligations (A+E) $ 5,011,721 $ 5,054,770 $ 10,066,491 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/

Signature Date
26 Hercules
Recognized Obligation Payment Schedule (ROPS 26-27) - ROPS Detail July 1, 2026 through June 30, 2027

A B C D E F G H I J K O P Q U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired ROPS
26-27 Total
ROPS 26-27A (Jul -
Dec)
26-27A
Total
ROPS 26-27B (Jan -
Jun)
26-27B
TotalFund Sources Fund Sources
RPTTF Admin
RPTTF RPTTF Admin
RPTTF
$152,713,433 $10,066,491 $4,886,721 $125,000 $5,011,721 $4,929,770 $125,000 $5,054,770 5 Catellus/Hercules
LLC

OPA/DDA/
Construction
01/01/
2009
02/15/2044 Catellus Settlement Agreement All 43,628,202 N $1,750,000 850,000 - $850,000 900,000 - $900,000 10 OPA (Owner
Participation
Agreement)

OPA/DDA/
Construction
11/15/
1996
11/15/2041 Hercules Senior
Housing/Bridge
OPA for Senior Housing All 1,950,000 N $130,000 65,000 - $65,000 65,000 - $65,000 20 Bank and Trustee
Fees
Fees 08/01/
2005
12/31/2044 Various Bank and trustee fees for
Redevelopment bond and bank
accounts
All 96,000 N $6,000 6,000 - $6,000 - - $-
21 SERAF SERAF/ERAF 07/01/
2009
06/30/2011 State of
California
NONE All 6,020,951 N $- - - $- - - $-
22 Administrative
Costs
Admin Costs 07/01/
2026
06/30/2027 Various NONE All 250,000 N $250,000 - 125,000 $125,000 - 125,000 $125,000 32 2022 Tax
Allocation
Refunding Bond
Refunding Bonds
Issued After 6/27/
12 08/01/
2022
08/01/2042 Bank of New
York
Pending refinancing of 2005 and
2007 bonds (ROPS Items 1-4)
All 100,768,280 N $7,930,491 3,965,721 - $3,965,721 3,964,770 - $3,964,770 27 Hercules
Recognized Obligation Payment Schedule (ROPS 26-27) - Report of Cash Balances July 1, 2023 through June 30, 2024
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 23-24 Cash Balances
(07/01/23 - 06/30/24)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/23)
RPTTF amount should exclude "A" period distribution
amount.
2,216,036 43,719 62,431 E: PPA 21-22 applied to ROPS 24-25 expenses ($415,452) + Reserve for ROPS
23-24 Item 32 debt service ($1,800,584) F:

Other Funds applied to ROPS 24-25 Item 22
($43,719) G: PPA 20-21 applied to ROPS
23-24 epenses ($62,431)
2 Revenue/Income (Actual 06/30/24)
RPTTF amount should tie to the ROPS 23-24 total
distribution from the County Auditor-Controller
7,080,187
3 Expenditures for ROPS 23-24 Enforceable Obligations
(Actual 06/30/24)
1,800,584 7,081,093
4 Retention of Available Cash Balance (Actual 06/30/24) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
415,452 43,719 E: PPA 21-22 applied to ROPS 24-25
expenses ($415,452) F: Other Funds applied
to ROPS 24-25 Item 22
5 ROPS 23-24 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 23-24 PPA
form submitted to the CAC
No entry required 61,525
6 Ending Actual Available Cash Balance (06/30/24) $- $- $- $- $- 28 Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

Non-Admin
and Admin
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
29 Hercules
Recognized Obligation Payment Schedule (ROPS 26-27) - Notes July 1, 2026 through June 30, 2027
Item # Notes/Comments
5 10
20 21
22 32
30 DISCUSSION AND/OR ACTION ITEM

AGENDA ITEMS

1. 25-336

2. 25-337

3. 25-338

4. 25-341
31 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 13, 2026
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Tim Rood, Community Development Director
SUBJECT: Ordinance to repeal and replace Hercules Municipal Code Title 9, Chapters 1-18, re-locating appeals provisions, adopting by reference Contra Costa County Ordinance No. 2025-19, No. 2025-15, and No. 2025-14, which adopts the 2025 California Code of Regulations, Title 24, with changes, additions, and deletions, adopting by reference the Uniform Code for Abatement of Dangerous Buildings 1997 edition with existing amendments, additions, and deletions, and adopting by reference the International Property M
aintenance Code 2024 Edition with
amendments, additions, and deletions.

RECOMMENDED ACTION:

That the City Council:

1. Request planning staff present the staff report;

2. Receive comments from the public;

3. Request clarification from staff on any issues related to the Ordinance;

4. Adopt first reading of amended Ordinance.

BACKGROUND:

The California Building Standards Commission has adopted the 2025 California Building Standards Code (CBSC) (California Code Regulations Title 24), replacing the 2022 CBSC. The CBSC includes the California Administrative, Building, Residential, Electrical, M
echanical, Plumbing, Energy, Historical Building, Existing Building, Reference Standards, Green Building Standards, Fire, and Wildland- Urban Interface Codes. These statewide codes will take effect on January 1, 2026. 32 Contra Costa County Department of Conservation and Development (the County) and the Contra Costa County Fire Protection District provide CBSC compliance and building inspection services within the City of Hercules on a contract basis.

At a public hearing held on November 4, 2025, the Contra Costa County Board of Supervisors adopted Ordinance No. 2025-19 (Attachment B), which adopted the 2025 editions of the Building Codes, with modifications to reflect local conditions. At a public hearing held on November 18, 2025, the Contra Costa County Board of Supervisors adopted Ordinance Nos. 2025-14 (Attachment C) and 2025-15 (Attachment D), which adopted the 2025 California Fire Code and the 2025 California Wildland-Urban Interface Code, respectively, with modifications to reflect local conditions. These codes are mostly procedural and are more restrictive than those adopted by the State. The County recommended local amendments to address area-wide conditions related to local climatic, geological, or topographical conditions.

In addition to adopting the updated State and County codes by reference, the proposed ordinance reorganizes and updates Title 9 of the Hercules Municipal Code to improve clarity, consistency, and alignment with current code practices. A new General Provisions chapter is
added to establish uniform administrative provisions applicable throughout Title 9, including provisions referencing the Building Official and consolidating enforcement and penalty provisions previously located in Chapter 10. The Board of Appea ls chapter is relocated to Chapter 2 without substantive changes.

The Uniform Code for the Abatement of Dangerous Buildings is relocated to Chapter 4 and readopted with the City’s existing amendments. The 1994 edition remains the current version adopted by the City. The International Property M aintenance Code is
relocated to Chapter 5 and updated to reference the 2024 edition, consistent with current industry standards.

Several outdated and redundant chapters, including Building Security and Housing Code provisions, are deleted and not readopted. All remaining building-related regulations are encompassed within the California Building Standards Code, which is adopted by reference in its entirety in Chapter 3. As a result, additional standalone chapters are no longer necessary.

ANA LY SIS:

A
lthough these codes apply statewide, Health and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or amend these codes and establish more restrictive building standards if the local jurisdiction finds that the changes are reasonably necessary because of local climatic, geological, topographical, or environmental conditions. The proposed ordinance adopts the statewide codes by reference and continues existing local amendments that address such conditions.

Recent changes to State law have placed additional restrictions on local jurisdictions' authority to amend the CBSC as it relates to the construction of new residential housing units. State budget legislation (Assembly Bill 130), adopted at the end of June 2025, 33 amended the Health and Safety Code to limit local jurisdictions' authority to adopt building co
de amendments related to new housing, except through several narrowly defined exceptions. These exceptions include amendments that are the same or substantially e
quivalent to amendments already adopted by the local jurisdiction and in effect as of September 30, 2025, and amendments that relate to home hardening for protection against fire risks. These changes will remain in effect from October 1, 2025, through Ju
ne 1, 2031.

Accordingly, the County and, by reference, the City continue their current building code amendments into the new code cycle, but their authority to adopt new amendments to the 2025 CBSC affecting residential construction is limited. Local jurisdictions retain broader discretion to adopt amendments related to non-residential construction, subject to the required findings. The proposed reorganization of Title 9 does not introduce new substantive building standards but consolidates, updates, and clarifies existing provisions, eliminates outdated and redundant chapters, and aligns the City’s Municipal Code with the State and County building standards framework. 2025 California Building Standards Code
County Ordinance Nos. 2025-14, 2025-15, and 2025-19 amend the statewide codes due to local climatic, geographical, topographical, and environmental conditions. These conditions are described
in the findings included with th o se ordinances, which are attached hereto as Attachments 2, 3, and 4, and are proposed to be adopted by the City as well.

Modifications to the 2025 California Building Code
The following are the substantive changes to the 2025 California Building, Residential, Green Building Standards, and Existing Building Code (Ordinance No. 2025-19).  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.
 Require more reinforcing in some building foundations to better withstand seismic forces found in this region of California.

Modifications to the 2025 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 one- and two-family dwellings and accessory structures.

Modifications to the 2025 California Green Building Standards Code  Require that at least 10 percent of the total number of parking spaces for new multi-family residential and new non-residential developments be equipped with fully operational electric vehicle charging equipment. This is consistent with the County’s existing code amendments for electric vehicle charging.

Although statewide code requirements for electric vehicle charging have 34 increased in the 2025 code cycle, the County’s existing local code amendments are still necessary to ensure that current standards for electric vehicle charging are maintained.
• Apply construction waste management requirements in the statewide code to certain projects for existing residential buildings, including: 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.

Modifications to the 2025 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.

Modifications to the 2025 California Fire Code
The following are the substantive changes to the 2025 California Fire Code (Ordinance No. 2025-14).
• Require standby EMS personnel for large events as well as standby fire personnel to account for the fact that the fire district is both the local fire and EMS provider.
• Establish requirements for fire apparatus access roads to include protection of designated emergency evacuation routes as adopted by the local governing body as part of their emergency evacuation plan.
• Reduces the square footage thresholds found in Chapter 9 (Fire Protection Systems) for installation of automatic fire sprinkler systems in most commercial buildings and in private and charter schools. • Enhance fire service response and information
available to occupancies in
the District.
• Prohibit all fireworks in the District without a permit and an increase to the financial liability for permitted events.
• Amends where above-ground flammable and combustible liquids storage tanks may be located.
• Amends were flammable gases and flammable cryogenic fluids storage tanks may be located.
35  Amend the reduction of fire flow needed and the location where hydrants are required.

Modifications to the 2025 California Wildland-Urban Interface Code The following are the substantive changes to the 2025 California Wildland-Urban Interface Code (Ordinance No. 2025-14).
• Amends Section 101.3.1 (Application) of California Wildland-Urban Interface Code Chapter 1 (Administration) to include the following locations:
o All lands designated by the State Board of Forestry and Fire Protection as State
Responsibility Area (SRA).
o Lands in Local Responsibility Area (LRA) identified by the State Fire Marshal as High or Very High Fire Hazard Severity Zone. o Land designated as a High or Very-High Fire Hazard Severity Zone by cities and other local agencies.
o Land designated as a Wildland-Urban Interface Area by cities and other local agencies
• Amends Section [A]101.5 (Additions or alterations) of California Wildland-Urban Interface Code Chapter 1, to add the following two exceptions:
o The existing building or structure must meet any provisions of this code that expressly apply to an existing building or structure retroactively. o If a substantial addition or substantial alteration is made to any existing building or structure, the existing building or structure, and the substantial addition or substantial alteration, must comply with all requirements of this code.
• Amends definitions to add to new definitions “Substantial Addition” and “Substantial Alteration.”
o Substantial Addition. Any change to an existing building or structure that meets both of the following criteria: (a) adds gross floor area that exceeds fifty percent of the gross floor area of the existing building or structure; and (b) results in the building or structure and the addition having a combined new gross floor area of 5,000 square feet or more.
o Substantial Alteration.

Any change to an existing building or structure that
meets both of the following criteria within a one-year period: (a) The removal of fifty percent or more of the linear length of any interior or exterior wall of the
building or structure; and (b) The removal and
replacement of fifty percent or more of the area of the building or structure’s roof.
• Requires non-combustible fences in new residential subdivisions in wildland- urban interface areas unless exceptions apply.
36 The City’s adoption of County amendments is au thorize d in Sections 50020-50022.9 of the California Government Code.

ENVIRONMENTAL REVIEW
Adoption of this Ordinance is not a “project” under the California Environmental Quality Act (CEQA) pursuant to CEA Guidelines Section 15378 because it is an administrative action that does not authorize any construction and will not have an impact on the environment. Even if adoption of this Ordinance was considered a project, it is exempt from CEQA review pursuant to CEQA Guidelines section 15601 (b)(3), because it can be seen with certainty that there is no possibility that adoption of building codes, including those intended to protect the environment, would have a significant effect on the environment.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

ATTACHMENTS:

1. Draft Ordinance

2. County of Contra Costa Ordinance No. 2025-19 Adoption of Building Code Standards and Findings in Support of Changes, Additions, and Deletions to the Statewide Building Standards Code

3. County of Contra Costa, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District Ordinance No. 2025-14 Adopting the 2025 California Fire Code and Local Amendments and Findings in Support of Amendments.

4. County
of Contra Costa, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District Ordinance No. 2025-15 Adopting the 2025 California Wildland-Urban Interface Code with Local Amendments and Findings in Support of Amendments.
37 Ordinance No. ___

Page 1 of 88 ends

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES REPEALING AND REPLACING HERCULES MUNICIPAL CODE TITLE 9 “BUILDING REGULATIONS”, CHAPTERS 1 –18, AND RELOCATING THE BOARD OF APPEALS

CHAPTER, ADOPTING BY REFERENCE CONTRA COSTA CO UNTY ORDINANCE NO. 2025-19, NO. 2025 -15 AND NO. 2025 -14 WHICH ADOPTS THE 2025 CALIFORNIA CODE OF REGULATIONS, TITLE 24 , MAKING CERTAIN CHANGES, ADDITIONS,

AND DELETIONS , ADOPTING BY REFERENCE THE UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS 1997 EDIT ION WITH EXISTING

AMENDMENTS, ADDITIONS, AND DELETIONS, ADOPTING BY REFERENCE THE INTERNATIONAL PROPERTY MAINTENANCE CODE 2024 EDITION WITH

AMENDMENTS, ADDITIONS, AND DELETIONS , AND FINDIN G THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

WHEREAS, every three years the State of California adopts new construction codes; and WHEREAS, the City Council desires to repeal and replace existing chapters of Title 9 in order to reorganize, clarify, and modernize the City’s building and safety r egulations and to ensure consistency with the California Building Standards Code and County-adopted amendments; and WHEREAS, on November 4, 2025, the County Board of Supervisors adopted County Ordinance No. 2025-19 adopting 2025 California Building Code (California Code of Regulations, Title 24, Part 2 Volumes 1 and 2) , Residential Code (California Code of Regulations, Title 24, Part 2.5), Electrical Code (California Code of Regulations, Title 24, Part 3), Mechanical Code (California Code of Regulations, Title 24, Part 4), Plumbing Code (California Code of Regulations, Title 24, Part 5), Energy Code (California Code of Regulations, Title 24, Part 6), Historical Building Code California Code of Regulations, Title 24, Part 8) , Existing Building Code California Code of Regulations, Title 24, Part 10) , and Green Building Standards Code (California Code of Regulations, Title 24, Part 11), with amendments pursuant to Health and Safety Code Sections 17922, 17958, 17958.5, and 17958.7, and Government Code sections 5 0020 through 50022.10 (collectively, the “County Building Code”); and
WHEREAS, on November 18, 2025, the County Board of Supervisors acting in its capacity as the Board of Directors of the Crockett -Carquinez Fire Protection District and the Contra Costa County Fire Protection District adopted County Ordinance No. 2025-14 adopting 2025 California Fire Code (California Code of Regulations, Title 24, Part 9) , with amendments pursuant to Health and Safety Code sections 17922, 17958, 17958.5, and 17958.7, and G overnment Code sections 50020 through 50022.10 (collectively, the “County Fire Code”); and 38 Ordinance No. ___

Page 2 of 88 ends

WHEREAS, on December 9, 2025 the County Board of Supervisors acting in its capacity as the Board of Directors of the Crockett -Carquinez Fire Protection District and the Contra Costa County Fire Protection District adopted County Ordinance No. 2025-15 adopting 2025 California Wildland-Urban Interface Code (California Code of Regulations, Title 24, Part 7) with amendments pursuant to Health and Safety Code sections 179 22, 17958, 17958.5, and 17958.7, and Government Code sections 50020 through 50022.10 (collectively, the “County Wildland Code”); and
WHEREAS, the City of Hercules desires to adopt the new California Building Standards Code with amendments developed and ad opted by the County of Contra Costa through Ordinance No. 2025-19 and by the County Board of Supervisors acting in its capacity as the Board of Directors of the Crockett -Carquinez Fire Protection District and the Contra Costa County Fire Protection District through Ordinance No s. 2025-14 and 2025 -15 (collectively, the “County Building Codes”); and
WHEREAS, the County’s ordinances (“County Ordinances”) contained findings supporting County and Fire District amendments, additions, and deletions to the California Building Standards Code that are now codified in the County Building Codes, and such findings are included in the County Ordinances; and
WHEREAS, the City’s proposed ordinance (“Ordinance”) establishes a new General Provisions chapter applicable to Title 9, which includes administrative provisions, references to the Building Official, and consolidated enforcement and penalty provisions previously located elsewhere in the Municipal Code; and
WHEREAS, the proposed Ordinance relocates the Board of Ap peals provisions to Chapter 2 of Title 9 without substantive modification, preserving existing appeal rights and procedures; and WHEREAS, the proposed Ordinance relocates the Uniform Code for the Abatement of Dangerous Buildings to Chapter 4 of Title 9 an d readopts the 1994 edition of that code with the City’s existing amendments, additions, and deletions; and WHEREAS, the proposed Ordinance relocates the International Property Maintenance Code to Chapter 5 of Title 9 and updates the adopted reference to the 2024 edition, with the City’s existing amendments, additions, and deletions; and
WHEREAS, the City Council finds that the reorganization, relocation, updating, and deletion of provisions within Title 9 are administrative and structural in nature, do n ot impose new or more restrictive building standards, and are necessary to promote clarity, consistency, and effective enforcement of building and safety regulations within the City; and 39 Ordinance No. ___

Page 3 of 88 ends

WHEREAS, the City Council desires to adopt this Ordinance to ensure that the Hercules Municipal Code remains current, internally consistent, and aligned with State and County building standards.

NOW, THEREFORE, THE CITY COUN CIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. CEQA REVIEW. Pursuant to the California Environmental Quality Act (Pub.

Res. Code sections 21000 et seq.; “CEQA”), this Ordinance is not a “project” for purposes of CEQA review pursuant to CEQA Guidelines section 15378 because it is an administrative activity that does not authorize any construction and will not have any impact on the e
nvironment. Further, even if adoption of the Ordinance was considered a project, it is exempt CEQA review because it can be seen with certainty that adoption of these building codes and local amendments intended to protect the environment will not have a significant impact on the environment.

SECTION 2. FINDINGS. The City Council hereby makes all findings required to adopt the County Codes, including all findings related to climatic, geological, or topographical conditions that are required to make local amendments to the California Building Standards Code, which findings are contained in the County Ordinances attached to the staff report for this Ordinance and are hereby incorporated by reference.

SECTION 3. REPEAL AND REPLACE. City of Hercules Municipal Code Title 9 “Buildings Regulations” is deleted and replaced with the following (deleted text is shown in strikeout):

Title 9 Building Regulations
Chapter 1 GENERALPROVISIONS
Sec. 9-1.01 Administration. The ordinance codified in this title is adopted as the building regulations of the City of Hercules and may be cited as such.

Sec. 9-1.02 Reference to officials in adopted codes.

Whenever reference is made in this Title or the codes adopted by reference in this title, to the "building inspector", "inspector", "electrical inspector", "plumbing inspector", "mechanical inspector", "building official", "Director of the Building Inspection Department", "City building inspector" or "City building official", it shall mean the Contra Costa County director of building inspection, county building official, building inspector, or any of his or her duly authorized deputies during such period when the County of Contra Costa is providing building inspection services for the City of Hercules and while such officials are acting as the City's representatives in such matters. These terms shall also include the City 40 Ordinance No. ___

Page 4 of 88 ends

Manager, Community Development Director or City Engineer and their designees when enforcing the provisions of this title. Furthermore, references to "state" shall mean the State of California, to "Housing Act" shall mean the Housing Act of this state, to "county building official, administrative authority, or fire chief" shall mean the director of building inspection of Contra Costa County, and to "county" shall mean the County of Contra Costa.

Sec 9-104 Violation-Penalty
Any violation of the code section s designated in th is Title shall constitute an infraction, un less provided otherwise. The City of Hercu les may prosecute violations of th is Title a s misdemeano rs in addition to any othe r remedies provided in this Code or allowed by law.

Section 1-4.01 outline s the pena lties fo r any failu re to comply with any of the requirements of the unicipal Code for either misdemeanors or infractions.

Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to double fee penalty for all required permits as allowed by the California Building Codes.

Failure to comply. Any person who continues any work after having been served with a stop work order is subject to an administrative citation per the procedure outlined in Section 1-4.02, Administrative Citations —Procedures, except any work that a person is directed by the building official to perform to remove a violation or unsafe condition.

Chapter 1 BUILDING REGULATIONS ADMINISTRATIVE CODE
Sec. 9-1.01. Administration.

These regulations shall be known as the "California Administrative Code," and may be so cited, and will be referred to herein as "this Chapter." This Code is one (1) of the technical codes of building regulations and is administered under Title 9, Chapter 1. (Ord. 545 § 2, 2023)
Sec. 9-1.02. Adoption by Reference.

The California Administrative Code, 2022 Edition, p ublished by the International Code Council, as modified by the State of California and published in the California Code of Regulations, Title 24, Pa rt 1, is adopted by reference and made a part of this Chapter as though fully set forth herein.
(Ord. 545 § 2, 2023)
Sec. 9-1.03. Copies on File.

One (1) copy of the 2022 Edition of the California Administrative Code, as adopted by Section 9-1.02, and all amendments thereto, is on file in the office of the Chief Building Official for inspection by the public.
(Ord. 545 § 2, 2023)
41 Ordinance No. ___

Page 5 of 88 ends

Sec. 9-1.04. Amendments, Additions, and Deletions.

The following portion of the Ordinance Code of Contra Costa County, Californ ia, is adopted by reference under the authority of Sections 50020 through 50022.9 of the California Government Code: amending the 2022 California Administrative Code by the changes, additions, and deletions set forth in Contra Costa County Ordinance No. 20 22- 35, Section III, Section 74 -4.002. Section numbers used below are those of the 2022 California Building Code:

Expiration of permit.
(a) A permit issued by the county building official becomes void if either of the following occur:
(1) The work autho rized by the permit is not commenced within 12 months after the permit issuance date. Evidence that work has commenced consists of at least one approved inspection.
(2) The work authorized by the permit is suspended or abandoned for a period of 12 consecutive months after the work is commenced. Work is deemed suspended or abandoned for a period of 12 consecutive months if no approved inspection occurs during that time.
(b) A permittee holding an unexpired permit may apply to the county building official for a permit extension. Upon written request by the permittee demonstrating justifiable cause for the delay, the county building official may extend the time of the permit for a period not exceeding 180 days. A permit may not be extended more than once. (c) Once a permit becomes void, a new permit must be obtained before any work is commenced or recommenced, and a new permit fee must be paid.

Chapter 2 BOARD OF APPEALS
Sec. 9-2.01 Administration.

The Board of Appeals shall consist of three (3) members, who shall be qualified by experience in training to pass upon matters pertaining to building construction and who are not employees of this jurisdiction.

Sec. 9-2.02 Appointments.

The members of the Board shall be appointed by the City Council.

Sec. 9-203 Term.
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The members of the Board shall serve for a term of two (2) years, or until their successors are appointed, unless removed from office as specified in Section 9-

9.05. Sec. 9-2.04 Powers and Duties.
(a) To affirm, reverse, modify, or set aside any finding, determination, notice, or action of the Building Official which is appealed relating to the provisions of the Uniform Codes adopted as amended by the City of Hercules ; and to determine on appeal from the decision of the Building Official the suitability of alternate materials and methods or type of construction, and to provide for reasonable interpretations of the Uniform Codes adopted by the City of Hercules. (b) To establish rules of procedure for notices and service, conducting of investigations and hearings on appeal, and rendering of decisions. (c) To serve in an advisory capacity to refer any owner and/or occupant to an appropriate public or private agency for information. upon hearing appeals, the Board shall exercise its powers in such manner that the public welfare is secured and substantial justice is done most nearly in accord with the intent and purpose of this Chapter.

Sec. 9-2.05 Removal.

Members of the Board of Appeals serve at the pleasure of the City Council, and may be removed at any time, with or without cause, by a majority vote of the Council.

Sec. 9-2.06 Quorum.

For the purpose of transacting busine ss, a quorum of the Boa rd shall con sist of two (2) members.

Sec. 9-2.07 Officers.

At the fir st meeting of each calenda r year the Boa rd shall elect its officers. The Building Official shall be the secretary of the Board.

Sec. 9-2.08 Administering Oaths—Subpoenas.

Each member of the Board shall have the power to administer oaths. The City Clerk shall issue subpoenas willful failure to appear to testify in response to any such subpoena or to produce any item pursuant to a subpoena duces tecum shall be punished as a misdemeanor the City Clerk shall cause subpoenas to be issued under the seal of the City.

Sec. 9-2.09 Appeals.

Any person may appeal and shall be apprised of his right to appeal to the Board on subjects coming within the Board's jurisdiction, provided the appeal is made in writing and filed at the office of the Board, and upon the payment of the filing fee 43 Ordinance No. ___

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as set from time to time by resolution of the City Council , within ten (10 ) days after notice of any protested decision or action made pursuant to this Title.

Sec. 9-2.10 Hearings.

Sec. 9-2.11 Action by Council.
(a) An aggrieved person or persons and/or the Building Official may appeal the decision of the Board by filing a notice of appeal with the City Clerk within ten (10) days of the decision. The Board shall apprise said persons of their right to appeal to the Council and of the time limitations to appeal. Immediately upon receipt of timely notice of appeal, the City Clerk shall set the time and place for consideration of the appeal by the Council, and shall thereupon give written notice to all persons whose interest therein has been recorded in any of the proceedings theretofore. Failure to file a timely notice of appeal shall relieve the City Clerk of the duty to set the matter for consideration by the Council. (b) The Council shall review the proceedings and decision of the Board when the decision of the Board is appealed to it. The Council may affirm, reverse, or m
odify, by resolution, the Board's decision and its decision shall be final.

Sec 9-212 Enforcement
The Building Officia l of the City is authorized and directed to administe r and enforce the provisions of this Chapter.

Sec 9-213 Right of Entry
Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises unsafe as defined in relevant niform Codes, the Building Official or his authorized representative, at all reasonable times, may enter said premises to inspect the same or to perform any duty imposed upon the Building Official by this Code provided, that if such building or premises be occupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry.

Sec 9-214 Rules and Regulations.
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The Council may, from time to time, adopt by resolution rules and regulations to execute the provisions of this Chapter. This may not affect the substance of the Chapter, but shall be limited to methods and procedures in the enforceme nt and administration of the Chapter.

Chapter 1 BUILDING CODE
These regulations shall be known as the "Building Code" and may be so cited, and will be referred to herein as "this Chapter."
This Code is one (1) of the technical codes of building regulations and is administered under Title 9, Chapter 1 of the Hercules Municipal Code.

Sec. 9-2.02 Adoption by Reference.

The California Building C ode, 2022 Edition ( California Code of Regulations , Title 24, Part 2, Volumes 1 and 2), as published by the International Code Council (ICC) and adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Co de of Regulations, is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the changes, additions, and deletions set forth in this Chapter.

Sec. 9-2.03 Copies on File.

One (1) copy of the 2022 Edition of the Cal ifornia Building Code, as adopted by Section 9-2.02, and all amendments thereto, is on file in the office of the Chief Building Official for inspection by the public.
(Ord. 545 § 3, 2023)
Sec. 9-2.04 Amendments, Additions, and Deletions.

The foll owing portion of the Ordinance Code of Contra Costa County, California, is adopted by reference under the authority of Sections 50020 through 50022.9 of the California Government Code:

Amending the 2022 California Building Code (CBC) by the changes, additions, and deletions set forth in Contra Costa County Ordinance No. 2022 -35, Chapter 74 -4, Modifications, Section 74-4.002. Amendments to CBC as stated below. Section numbers used below are those of the 2022 California Building Code. (a) CBC Chapter 1 (Scope and Administration) is amended by the provisions of Division 72 of this code and as follows:
(1) Sections 103 and 113 of CBC Chapter 1 are deleted.
(2) Section 105.2 (Work exempt from permit) of CBC Chapter 1, subsection 4 is amended to read:

4. Retaining walls that are not more than 3 feet in height measured from the top of the footing to the top of the wall and that have a downward ground slope at the bottom of the 45 Ordinance No. ___

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retaining wall not exceeding 1(vertical):10(horizontal), unless support ing a surcharge or ground slope exceeding 1(vertical):2(horizontal) or impounding Class I, II, or III -a liquids.
(3) Section 107.2.1 (Information on construction documents) of CBC Chapter 1 is amended to read:
107.2.1 Information on Construction Documents. Construction documents shall include dimensions and shall be drawn to scale on suitable material. Electronic media documents may be submitted when approved in advance by the b uilding official. Construction documents shall be of sufficient clarity to indicate the location, nature, an d extent of the work proposed and to show in detail that it will conform to this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall include contact information for the owner and the person or persons who prepared the plans.

Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the top and toe of cuts and fills, and the location of the proposed building with distances to all property lines a nd to every existing building on the property. Instead of detailed specifications, the county building official may approve references on the plans to a specific section or part of this code or other ordinances or laws.
(4) Section 110.1 (Inspections – General) of CBC Chapter 1 is amended by adding the following to the end of that section:

At the time of first inspection by the county building official, a California licensed Lan d Surveyor or Civil Engineer shall certify in writing that the structure is placed according to the approved set of plans. The written certification must include the site address and permit number. This requirement does not apply to alterations or repairs to existing structures that do not affect the exterior limits of the existing structures. (b) Section 420.14 (Electric vehicle (EV) charging for new construction) of CBC Chapter 4 (Special Detailed Requirements Based on Occupancy and Use) is amended to read:
420.14 Electric vehicle (EV) charging for new construction. Newly constructed Group R-1, R -2, and R -3 buildings shall be provided with infrastructure to facilitate future installation and use of electric vehicle (EV) chargers, and, where required, newly constructed Group R-2 buildings shall be provided with electric vehicl e charging spaces equipped with fully -operational EV chargers, in accordance with the California Green Building Standards Code (CALGreen), Chapter 4, Division 4.1. (c) Section 907 .2.11.2.5.1 is added to Section 907.2.11.2.5 (Existing Group R occupancies) of CBC Chapter 9 (Fire Protection Systems), to read:
907.2.11.2.5.1 Existing flat roof buildings. In existing flat roof buildings, the installation of a smoke detector that complies with California Residential Code Section R314.6 shall be required when a pitched roof is added on top of t he existing flat roof and the solid 46 Ordinance No. ___

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sheathing of the flat roof is not removed.
(d) Section 1405.2 is added to Section 1405 (Combustible materials on the exterior side of exterior walls) of CBC Chapter 14 (Exterior Walls), to read:
1405.2 Wood shakes or shingles. Wood shakes or shingles used for exterior wall covering shall be fire treated unless there is a minimum of 10 feet from the exterior wall (including shakes or shingles) to the property line or the exterior wall faces a street. (e) In Section 1 705.3 (Concrete construction) of CBC Chapter 17 (Special Inspections and Tests), Exception 1 is amended to read:

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength of no greater than 2,500 pound per square inch (psi) (17.2 Mpa).
(f) Section 1809.8 (Plain concrete f ootings) of CBC Chapter 18 (Soils and Foundations) is deleted.
(g) Section 1810.3.9.3 (Placement of reinforcement) of CBC Chapter 18 (Soils and Foundations) is amended by deleting Exception 3.
(h) Section 1905.1. 7 (ACI 318, Section 14.1.4) of CBC Chapter 19 (Concrete) is amended to read:
1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the following:

14.1.4 Plain concrete in structures assigned to Seismic Design Category C, D, E, or F.

14.1.4.1 Structures assigned to Seismic Design Category C, D, E, or F shall not h ave elements of structural plain concrete, except as follows:
(a) Reserved.
(b) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.
(c) Plain concrete footings supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.00 2 times the gross cross -sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections. (i) Section 1906 (Footings for light -frame construction) of CBC Chapter 19 (Concrete) is deleted.
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(j) Section 1907.l (Minimum Slab Provisions – General) of CBC Chapter 19 (Concrete) is amended by adding the following sentence to that section:

Slabs shall have a minimum reinforcement of 6-inch by 6-inch by 10-gauge wire mesh or equal at mid-height.
(k) Appendices C and I of the CBC are incorporated into the City Building Code.

Appendices A, B, D, E, F, G, H, J, K, L, and M of the CBC are excluded from the City Building Code.
(Ord. 545 § 3, 2023)
Sec. 9-2.05 Permits Required.

All construction work for which a permit is required shall be subject to inspection by the Building Official, and certain types of construction shall have continuous inspection by special inspectors as specified in Uniform Building Code.

A survey of the lot may be required by the Building Official to verify that the structure is located in accordance with the approved plans. It shall be the duty of the permit applicant to cause the work to be accessible and e xposed for inspection purposes. Neither the Building Official nor the City shall be liable for expense entai led in the removal or replacement or any material required to allow inspection. (Ord. 324 Div. 3 (part), 1994)
Sec. 9-2.07 Stop Orders.

When any work is being done contrary to the provisions of this Code, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work. (Ord. 324 Div. 3 (part), 1994)
Sec. 9-2.08 Occupancy Violation.

Whenever any building or structure or equipment therein regulated by this Code is being used contrary to the provisions of this Code, the Building Official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any pers on causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this Code. 48 Ordinance No. ___

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(Ord. 324 Div. 3 (part), 1994)
Sec. 9-2.09 Adoption of a Portion of the Contra Costa County Ordinance Code.

The following portion of the Ordinance Code of Contra Costa County, California is adopted by reference under the authority of Sections 50020 -50022.9 of the California Government Code.

The provisions and findings of the Contra Costa County Gas Ordinance No. 2000 -11 adopted March 11, 2000 requiring in stallation of Excess Flow Gas Shut -Off Devices (non-motion sensitive) or Gas Shut -Off Devices that are activated by motion. The Ordinance has been codified in the Contra Costa County Code as Chapter 718-8. (Ord. 365 § 1, 2001)
Sec. 9-2.10 Universal Design.
(a) Purpose and Intent. Pursuant to Government Code Section 17959.6 et seq., the City Council establishes procedures that will require developers to provide an opportunity for new home buyers within the City to purchase accessibility features from the developer before construction of a new single -family dwell ing is initiated. The intent is not to mandate the features, but rather to mandate per state law that the fe atures be offered. This will allow home buyers to purchase features that either makes the dwelling unit more accessible immediately or that provides elements for features to be installed at a future date.
(b) Findings. Assembly Bill 1400 was approved by the Governor on October 1, 2003. It provides that Section 17959.6 be added to the California Health and Safety Code requiring local jurisdictions to develop an ordinance that requires developers to offer accessibility features in single -family dwellings. Any additional c osts for accessibility features selected are to be absorbed by the buyer. Enactment of this Section will fulfill the mandate by the State of California.
(c) Definitions. For the pu rpose of this Section, the following terms shall have the following definitions:
"Accessible"
consistent with or as defined by the California Building. Code, Chapter 11A. "ANSI A 117.1"
means the most current version of the "Standard on Accessible and Usable Buildings and Facilities," commonly known as "ICC/ANSI A117.1" published by the International Code Council and American National Standards Institute, Inc. "Bathroom"
means a room conta ining a toilet (water closet), lavatory (sink), and either a shower, bathtub, combination shower/bathtub, or both a shower and bathtub. It includes a 49 Ordinance No. ___

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compartmented bathroom in which the fixtures are distributed among interconnected rooms.
"Building Department"
as defined by the California Building Code.
"Building Official"
as defined by the California Building Code.
"CBC, Chapter 11A"
means Chapter 11 A of the California Building Code (located in Part 2, Title 24, California Code of Regulations), or its successor provisions. "Common use room"
means a room commonly used by residents or guests to congregate. "Condominium"
as defined by the California Building Code.
"Custom-built home"
means a single-family dwelling built exclusively for one (1) owne r utilizing construction drawings that are unique in design to said structure.
"Dwelling unit"
as defined by the California Building Code.
"New construction"
defined for this purpose as a dwelling unit that is constructed from the ground up for human habitation.
"Owner-occupied"
means any residential unit not intended, at the time of application for a building permit, to be occupied as a rental unit.
"Powder room"
means a room containing a toilet (water closet) and lavatory (sink), but no bathtub or shower. It includes a compa rtmented powder room in which the fixtures are distributed among interconnected rooms.
"Primary entry"
means the principal entrance through which most people enter a building or residential unit, as designated by the Building Official.
"Rental"
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means any residential dwelling unit not intended, at the time of application for a building permit, to be occupied by the owner.
"Single-family residential unit"
means any building or portion thereo f that contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by the California Building Code, for not more than one (1) family, or a congregate residence I for ten (10) or less persons. "Substantial rehabilitation"
means the reconstruction of the primary entry, hallway, or one (1) bathroom o r powder room on the route from the primary entry, when that reconstruction is required to be consistent with the most current version of the California Building Standards Code. "Visitable residential dwelling"
means a residential unit subject to the requirements of this Section by virtue of being within the scope of this Section as defined in subsection (d) of this Section, and "Standards" paragraphs.
(d) Scope and Application.
(1) Unit Coverage. All residential dwelling units which are, o r are intended to be, owner- occupied or rental or owner -occupied and rental for which an application for a new construction building permit is submitted to the Building Department thirty (30) or more days after the effective date of the ordinance codified in this Section; and all residential dwelling units which are, or are intended to be, owner -occupied or rent al or owner - occupied and rental for which an application for a substantial rehabilitation building permit is submitted to the Building Department thirty (30) or more days after the effective date of the ordinance codified in this Section shall be visitable residential dwelling units. (2) Unit Types. New construction and sub stantial rehabilitation of the following types of residential dwellings shall be subject to this Section: Al l single-family, duplex, triplex, townhouse, and condominium, residential dwellings except for custom-built homes. (e) Exemptions.
(1) When the applicant adequately demonstrates and the Building Official determines that compliance with any portion o f any regulation under this Section would create an undue hardship, or that equivalent facilitation is not available, an exception to that portion of the regulation shall be granted.
(2) When the applicant adequately demonstrates and the Building Official determines that compliance with any portion of any regulation under this Section would create an undue hardship due to topographical conditions of the site and that no equivalen t facilitation is available, an exemption to that portion of the regulation shall be granted. (3) When the applicant adequately demonstrates that and the Building Official determines that a residential dwelling unit is being reconstructed or substantially rehabilitated as a 51 Ordinance No. ___

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result of a natural disaster, an exemption to all or any portion of this Section shall be granted.
(4) This Section shall not be applicable to any residential structure constructed or substantially rehabilitated if the primary entry of that structure is above grade because the primary entry is located over subterranean or grade-level parking. (f) Standards—Primary Entrance.
(1) New Construction—Mandatory to Install. There are no mandatory installations related to a primary entrance in a visitable residential dwelling. (2) New Construction —Mandatory to Offer. The following options for the accessible entrance on the primary entry level shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with:

A. An exterior accessible route that is either:
i. Consistent with the requirements of CBC 11A; or
ii. Not be less than forty (40") inches wide and not have a slope greater than one (1) unit vertical in twenty (20) units horizontal.

B. The accessible primary entrance th at is consistent with the requirements of CBC Chapter 11A.

C. The floor or landing at and on the exterior and interior side of the accessible entrance door that is either of the following:
i. Consistent with the requirements of CBC Chapter 11A; or ii. The width of th e level area on the side to which the accessible entrance door swings shall extend twenty-four (24") inches past the strike edge of the door.

D. The exterior accessible entry door that is either:
i. Consistent with the requirements of CBC Chapter 11A; or ii. Have a thirty-four (34") inch net clear opening.

E. A second exterior door that is installed in a manner so that it is accessible as provided in this paragraph with a thirty-two (32") inch net clear opening.

F. Where at least one (1) eyehole is provided in the accessible entry door, one shall be at standard height and a second one that is between forty -two (42") inches and forty -four (44") inches from the finished floor must be offered.

G. Where at least one (1) doorbell is provided for the accessible entry door, one shall be at standard height and a second one that is between forty-two (42") inches and forty-eight (48") inches from the finished floor must be offered.
(3) Substantial Rehabilitation. Any substantial rehabilitation of the interior route which leads to one (1) primary floor powder room or bathroo m shall comply with the 52 Ordinance No. ___

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requirements of subsection (f)(2) of this Section and the require ments and options in subsection (0(2) of this Section applicable to the interior route from the primary entrance shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with subsection (n) of this Section. (g) Standards—Primary Floor Powder Room/Bathroom Entry and Facilities. (1) New Construction—Mandatory to Install. There are no mandatory installations related to the powder room, bathroom, or other facilities in a visitable residential dwelling. (2) New Construction —Mandatory to Offer. The foll owing options for the accessible bathroom or powder room on the route from the primary entrance shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with subsection (n) of this Section:

A. At least one (1) powder room or bathroom, at the option of the purchaser/owner, on the primary entr y level of a visitable residential dwelling which complies with the requirements of CBC Chapter 11A;
B. Clear space in the bathroom or powder room that is either:
i. Consistent with the requirements of CBC Chapter 11A, or ii. Outside of the swing of the door and eith er a forty-eight (48") inch circle, forty -eight inches by sixty inches (48" x 60") or a sixty (60") inch diameter circle, at the option of the purchaser/owner;
C. A bathtub or shower meeting the requirements of ANSI A 117.1; D. Either of the following:
i. Grab bar reinforcement consistent with CBC Chapter 11A, or ii. Grab bars instal led in a manner consistent with CBC Chapter 11A for the toilet, shower/bath, lavatory, or any combination thereof, at the option of the purchaser/owner; E. Faucets and handles not requiring tight grasping, pinching, or twisting of the wrist and consistent with the requirements of CBC Chapter 11A;
F. A lavatory or sink installed consistent with CBC Chapter 11A; G. A toilet installed consistent with CBC Chapter 11A;
H. Removable cabinets under the lavatory/sink;
I. Where mirrors and towel fixtures are provided in the accessible bathroom or powder room, the installation is consistent with the requirements of CBC Chapter 11A. (3) Substantial Rehabilitation. Any substantial rehabilitation of one (1) powder room or bathroom on the route from the primary entrance shall comply with the requirements in subsection (g)(2) of this Section and the req uirements an options in subsection (m)(2) of this Section applicable to that bathroom or powder room shall be offered and, if accepted, 53 Ordinance No. ___

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installed at the request and cost of the purchaser/owner, if requested when installation is consistent with subsection (m) of this Section.
(h) Standards—Kitchen and Facilities.
(1) New Construction—Mandatory to Install. There are no mandatory installations related to a kitchen in a visitable residential dwelling.
(2) New Construction —Mandatory to Offer. If there is a kitchen on the primary entry level, the following options shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested w hen installation is consistent with subsection (m) of this Section:

A. An accessible route to the kitchen, with a pathway through the kitchen to the stove, oven, or combination stove/oven consistent with the requirements of CBC Chapter 11A.

B. One (1) or more of the following, at the purchaser/owner's option:
i. At least a forty-eight inch by sixty-inch (48" x 60") clear space in front of a stove base of a U-shaped kitchen;
ii. At least a thirty inch by forty -eight inch (30" x 48") clear space in front of the sink (counting open space underneath, if available);
iii. At least one eighteen (18") inch wide breadboard and/or at least eighteen (18") inches in counter space at a thirty -four (34") inch height, or any combination thereof, at the option of the purchaser/owner.

C. Sink controls consistent with CBC Chapter 11A.

D. Adjustable sink and/or removable under -sink cabinets consistent with CBC Cha pter 11A.

E. Hood fan controls at light switch level or lower.
(3) Substantial Rehabilitation. For any substantial rehabilitation of a kitchen on the primary entry level, there are no requirements to install or offer any installations or components.
(i) Standards—Common Use Room.
(1) New Construction—Mandatory to Install. There are no mandatory installations related to a common use room in a visitable residential dwelling.

A. At least one (1) common use room, such as a dining room or living room, on the accessible route. Sunken or raised areas not exceeding fifty percent (50%) of the area of the room's floor space shall be permitted as an option of the purchaser/owner in a common use room on the accessible route when an accessible route connects a usable portion of th e common use room to the accessible bathroom or powder room and the accessible exterior entry door.

B. No sunken areas in a common use room on an accessible route. 54 Ordinance No. ___

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C. Standards related to access to and fl atness of any other common area room on the primary entry level.
(2) Substantial Rehabilitation. For any substantial rehabilitation of a common use room on the primary entry level, there are no requirements either to install or offer any installations or components.
(j) Standards—Bedroom.
(1) New Construction—Mandatory to Install. There are no mandatory installations related to a bedroom in a visitable residential dwelling.
(2) New Construction—Mandatory to Offer. If there is a bedroom on the primary entry level, the following options shall be offered and, if accepted, installed at the request an d cost of the purchaser/owner, if requested when installation is consistent with subsection (n) of this Section: At least one (1) bedroom on the accessible route of travel with all components meeti ng the requirements of subsection (n) of this Section. A closet shall have at least a thirty -two (32") inch net opening and adjustable closet rods and shelving. A family room or den may satisfy thi s bedroom requirement if a sleeping structure (such as a bed, futon, hide -away, or Murphy bed) can be placed in the room and if the room complies with provisions for emergency escape and rescue and smoke alarms in the California Building Code.
(3) Substantial Rehabilitation. For any substantial rehabilitation of a bedroom on the primary entry level, there are no requirements either to install or offer any installations or components.
(k) Standards—Miscellaneous Areas.
(1) New Construction—Mandatory to Install. There are no mandatory installations related to miscellaneous areas of a visitable residential dwelling. (2) New Construction—Mandatory to Offer. The following options shall be offered, and if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with subsection (n) of this Section: If on the primary entry level, miscellaneous areas or facilities (such as patio or yard, laundry room, or storage area) for the dwelling must have an accessible route to and from the accessible entrance, either through the dwelling unit or around the dwelling unit.
(3) Substantial Rehabilitation. For any substantial rehabilitation o f a miscellaneous area on the same floor as the primary entry, there are no requirements either to install or offer any installations or components.
(l) Standards—General Components.
(1) New Construction—Mandatory to Install. There are no mandatory installations related to general components in a visitable residential dwelling. 55 Ordinance No. ___

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(2) New Construction—Mandatory to Offer. The following options shall be offered, and if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with subsection (n) of this Section:
a. Rocker light switches and controls installed pursuant to either of the following:
i. In all rooms required to be accessible and on the accessible route; ii. Throughout the balance of the residential dwelling unit. b. On an accessible route in an interior room or hallway, interior doors or openings for rooms and routes of travel required to be ac cessible consistent with CBC Chapter 11A.

EXCEPTION: A thirty -four (34") inch clear doorway width may be requested from a hallway with a thirty -nine (39") inch width, and a thirty -two (32") inch clear doorway width may be requested from a hallway with a thirty-six (36") inch width. c. The width of the level area on the sid e toward which an accessible door swings consistent with CBC Chapter 11A.
d. If the Building Official or purchaser/owner determines that the accessible route and doorway width options prescribed by Chapter 11A are not feasible and that a less wide accessible route is necessary, a functional alternative to ensure that all entries into rooms required to be accessible may be approved by the Building Official or purchaser/owner if it meets at least one (1) of the following requirements and if the hallway is not less than thirty-six (36") inches in width:
i. The entry door to the room must be at the end of a hallway or passageway, or open directly from another room on an accessible route of travel, so that no turn of ninety (90°) degrees or more is necessary to enter the room.
ii. The hallway wall opposite the room must be inset enough to allow an area of at least eight (8") inch es wide with at least a sixty (60") inch run centered on the center of the entry door opening (e.g., an eight feet by sixty feet (8' x 60') notch or alcove). iii. The hallway wall on the same side as the room must be inset enough to allow an area of at least eight (8") inches wide with at least a sixty (60") inch run c entered on the center of the entry door opening (e.g., an eight inches by sixty inches (8" x 60") notch or alcove). iv. The hallway wall directly opposite the room door must open to another room with at least a sixty (60") inch opening on a level with the accessible passageway or hallway.

NOTE: Doors or openings to the rooms required to be accessible may be wider and the notch or alcove smaller if equivalent access is not imp eded. In addition, for a doorway at the end of a hallway or in other circumstances, the notch or alcove need not be centered on the doorway if equivalent access is not impeded.
e. Hand-activated door hardware complying with CBC Chapter 11A. f. Flooring throughout the residential unit consistent with CBC Chapter 11A. 56 Ordinance No. ___

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g. The installation of all receptacle outlets, lighting contro ls and environmental controls throughout the balance of the residential dwelling unit must comply with CBC Chapter 11A or applicable provisions of the California Electrical Code. h. Standards pertaining to residential structures from ANSI A117.1 may be used throughout this Section when CBC Chapter 11A does not contain spec ific standards or when the ANSI Standards are equivalent to the Chapter 11A Standards. (m) Standards—New Construction or Substantial Rehabilitation—Permissive Options. (1) The developer or builder of a visitable residential dwelling must offer an opportunity to select any of the features listed in this Section to an owner or prospective owner of a visitable residential dwelling at the earliest feasible time after the owner, purchaser, or prospective purchaser is identified.
(2) The developer or builder of a visitable residential dwelling shall construct or install any requested features identified in this Section unless it would result in an unreasonable delay in the construction or significant unreimbursable costs to the developer or builder. (3) The developer or builder of a visitable residential dwelling, at his or her option, may offer or utilize standards for structural or design features, components or appliances and facilities, including but not limited to ANSI Standards, which meet or exceed Chapter 11A and which offer greater availability, access, or usability, and these are deemed to be in compliance with this Section.
(n) Enforcement.
(1) It is unlawful for any person or entity to fail to comply with the requirements of this Section.
(2) Violations of the provisions of this Section shall be deemed infractions and penalties shall be as set forth in Section 1-4.01 of the Hercules Municipal Code. Violations are also punishable under State Housing Law, Sections 17910, et seq., of the California Health and Safety Code.
(3) Compliance with this Section is required prior to issuance of a final inspection report or certificate of occupancy.
(4) Remedies under this Section are in addition to and do no t supersede or limit any and all other remedies, civil, criminal, or administrative. The remedies provided h erein shall be cumulative and not exclusive.
(5) Whenever the Buildin g Official or his designee reinspects or otherwise takes any enforcement action against a residential dwelling unit which is governed by this Section to determine compliance with this Section, the Building Official may assess fees against the owner to reco ver the costs to the City according to a fee schedule established by the City. The assessment and collection of these fees shall not preclude the imposition of any administrative or judicial penalty or fine for violations of this Section or applicable stat e laws or regulations.
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(6) The City may develop a means of providing public certification as to any residential dwelling unit's compliance with this Section. No such certificati on shall be affixed to the residential dwelling unit or the property on which it is located without the auth orization of the owner or renter.
(o) Severability. If any section, subs ection, clause or phrase of this Section is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Section. The council hereby declares that it would have adopted the ordinance, and each section, su bsection, sentence, clause, or phrase thereof, irrespective of the fact that one (1) or more sections, subse ctions, sentences, clauses or phrases be declared invalid.

Chapter 3 BUILDING STANDARDS CODE
Sec. 9-3.01 Adoption by Reference.

The 2025 California Building Code (California Code of Regulations, Title 24, Part 1 through 12), published by the International Code Council (ICC), is adopted by the California Building Standards Commission into the California Building Standards Code, Title 24 of the California Code of Regulations.

The provisions of County Ordinance No. 2025-19, approved by the Contra Costa Board of Supervisors on November 4, 2025, adopting the 2025 California Building Code (Part 2 Volume 1 & 2), the 2025 California Residential Code (Part

2.5), the 2025 California Electrical Code (Part 3), the 2025 California Mechanical Code (Part 4), the 2025 California Plumbing Code (Part 5), the 2025 California Energy Code (Part 6), the 2025 California Historical Building Code (Part 8), the 2025 California Existing Building Code (Part 10) and the 2025 California Green Building Standards Code (Part 11) with chang es, additions and deletions, are adopted by reference under the authority of Sections 50020 -50022.9 of the California Government Code.

The provisions of County Ordinance No. 2025-14, approved by the Contra Costa Board of Supervisors acting in its capacity as the Board of Directors of the Crockett-Carquinez Fire Protection District and the Contra Costa County Fire Protection District adopted on Novemb er 18, 2025, adopting the 2025 California Fire Code (Part 9) with changes, additions, and deletions, are ado pted by reference under the authority of Sections 50020 -50022.9 of the California Government Code.

The provisions of County Ordinance No. 2025-15, approved by the Contra Costa Board of Supervisors acting in its capacity as the Board of Directors of the Crockett-Carquinez Fire Protection District and the Contra Costa County Fire Protection District adopted on December 9, 2025, adopting the 2025 Califor nia Wildland-Urban Interface Code (Part 7) with changes, additions, and deletions, are adopted by reference under the authority of Sections 50020 -50022.9 of the California Government Code.
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Chapter 3 PLUMBING CODE
Sec. 9-3.01 Administration.

These regulations shall be known as the "Plumbing Code," and may be so cited, and will be referred to herein as "this Chapter."
The Plumbing Code is one (1) of the technical codes of Building Regulations and is administered under Title 9, Chapter 1 of the Hercules Municipal Code. (Ord. 324 Div. 4 (part), 1994)
Sec. 9-3.02 Adoption by Reference.

The California Plumbing Code, 2022 Edition (California Code of Regulations, Title 24, Part 5) including the standards based on the 2021 Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials, as modified by the State of California and as published in the California Code of Regulations, is adopted by reference and made part of this Chapter as though fully set forth herein, subject to the additions and deletions as set forth in this Chapter.
(Ord. 545 § 4, 2023)
Sec. 9-3.03 Copies on File.

One (1) copy of the 2022 California Plumbing Code as adopted by Section 9-3.02 is on file in the office of the Chief Building Official for inspection by the public. (Ord. 545 § 4, 2023)
Sec. 9-3.04 Amendments, Additions and Deletions.

Addition to Part 1, Administration, Section 101.4.1 Scope to read as an additional paragraph as follows:

The Administrative part of this Chapter is in addition to the City of Hercules Building Regulations Administrative Code Title 9, Chapter 1 of the Hercules Municipal Code.

It shall be unlawful for any person to install, remove, alter, repair or replace or cause to be installed, removed, altered, repaired or replaced any plumbing, gas or drainage piping work or any fixture or water heating or treating equipment in a building or premises without first obtaining a permit to do such work from the Building Official. (Ord. 324 Div. 4 (part), 1994)
Sec. 9-3.06 Inspection Required.
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All plumbing and drainage systems shall be inspected by the Building Official to ensure compliance with all the requirements of this Code.
(Ord. 324 Div. 4 (part), 1994)
Sec. 9-3.07 Stop Orders.

Whenever any work is being done contrary to the provisions of this Code, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Building Official to proceed with the work. (Ord. 324 Div. 4 (part), 1994)
Chapter 4 ABATEMENT OF DANGEROUS BUILDINGS
Sec. 9-4.01 Administration.

These regulations shall be known as the "Code for Abatement of Dangerous Buildings," and may be so cited, and will be referred to herein as "this Chapter." This Code is one of the techn ical code s of Building Regulation s and is administered under Title 9, Chapter 1 of the Hercules Municipal Code.

Sec.9-4.02 Adoption by Reference.

The niform Code fo r the Abatemen t of Dangerou s Building s, 1997 Edition, published by the Internationa l Conference of Building Officia ls, is adopted by reference and made a pa rt of th is Chapter a s though fully se t forth herein, subject to the additions and deletions set forth in this Chapter.

Sec 9-403 Copies on File
One (1) copy and the Abatement of Dangerous Buildings Code as adopted by Section 9-4.02, and all amendments thereto, are kept on file in the office of the Building Official for inspection by the public.

Sec 9-404 Amendments, Additions and Deletions
Addition to Chapter 1, Section 102(b), Scope, to read as an additional paragraph as follows:

Section 102(b). The Administrative part of this chapter is in addition to the City of Hercules Building Regulations General Provisions, Title 9, Chapter 1, of the Hercules unicipal Code. Where conflicts occur between this chapter and Chapter 1, the provisions of Chapter 1, Title 9 of the Hercules unicipal Code shall govern.

Sec 9-405 Dangerous Building Defined
Dangerous building shall be as defined in Section 302 of the 1997 niform Code for the Abatement of Dangerous Buildings as adopted in Section 9-3.02. 60 Ordinance No. ___

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Sec. 9-4.06 Repair, Vacation and Demolition.

See Section 403 of the 1997 niform Code fo r the Abatemen t of Dangerous Buildings as adopted in Section 9-3.02.

Sec 9-407 Enforcement of the Order of the Building Official (a) Issuance of Order. After any order of the Building Official or the Board of Appeals made pursuant to this C ode shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of an infraction.
(b) Failure to Obey Order. If, after any order of the Building Official made pursuant to this Code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Official may (i) cause such person to be prosecuted under subsection (a) of this Section or (ii) institute any appropriate action to abate such building as a public nuisance. (1) The Building Officia l shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading:

DANGEROUS BUILDING

DO NOT OCCUPY
It is an infra
ction t
o occupy this building, or to remove or deface this
notice
Building Official
City of Hercules
(2) No person shall occupy any building which has been posted as specified in this subsection. No person shall r emove or deface any such notice so posted until the repairs, demolition or removal ordered by the Building Official have been completed and a Certif icate of Occupancy issued pursuant to the provisions of the Uniform Building Code and Chapter 9 of this Code.
(3) The Building Official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to corre ct the conditions which render the building dangerous as set forth in the notice and order; or, if the notic e and ordered required demolition, to cause the building to be sold and demolished and the materials, rubble and debris therefrom removed and the lo t cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this Code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and a bove the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto.

Chapter 4 MECHANICAL CODE
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Sec. 9.4.01 Administration
These regulations shall be known as the "Mechanical Code," and shall be so cited, and will be referred to herein as "this Chapter."
This Code is one (1) of the technical codes of Building Regulations and is administered under Title 9, Chapter 1 of the Hercules Municipal Code. (Ord. 324 Div. 5 (part), 1994)
Sec. 9-4.02 Adoption by Reference.

The California Mechanical Code, 2022 Edition (California Code of Regulations, Title 24, Part 4) including the appendices, based on the 2021 Uniform Mechanical Code of the International Association of Plumbing and Mechanical Officials, as modified by the State of California and as published in the California Code of Regulations, is adopted by reference and made part of this Chapter as though fully set forth herein, subject to the additions and deletions as set forth in this Chapter.
(Ord. 545 § 5, 2023)
Sec. 9-4.03 Copies on File.

One (1) copy of the 2022 California Mechanical Code as adopted by Section 9 4.02 is on file in the office of the Chief Building Official for inspection by the public. (Ord. 545 § 5, 2023)
Sec. 9-4.04 Amendments, Additions and Deletions.

Addition to Chapter 1, Section 103.1 Scope, to read as an additional paragraph as follows:

The Administrative part of this chapter is in addition to the City of Hercules Building Regulations Administrative Code, Title 9, Chapter 1 of the Hercules Municipal Code.

No mechanical system regulated by this Code shall be installed, altered, repaired, replaced or remodeled unless a separate mechanical permit for each separate building or structure has first been obtained from the Building Official. (Ord. 324 Div. 5 (part), 1994)
Sec. 9-4.06 Unsafe Equipment.

Any equipment regulated by this Code which is unsafe or which constitutes a fire or health hazard or is otherwise dangerous to human life is, for the purposes of this Section, 62 Ordinance No. ___

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unsafe. Any use of equipment regulated by this Code constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this Section, an unsafe use. Any such unsafe equipment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the Uniform Code for the Abatement of Dangerous Buildings or such alternate procedure as may be adopted by this jurisdiction. As an alternative, the Building Official or other employee or official of this jurisdiction as designated by the City Council may institute any other appropriate action to prevent, restrain, correct or abate the violation. (Ord. 324 Div. 5 (part), 1994)
Sec. 9-4.07 Stop Orders.

Whenever any work is being done contrary to the provisions of this Code, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Building Official to proceed with the work. (Ord. 324 Div. 5 (part), 1994)
Chapter 5 PROPERTY MAINTENANCE CODE
Sec. 9-5.01 Administration.

These regulations shall be known as the "International Property aintenance Code," and may be so cited, and will be referred to herein as "this Chapter." This Code is one (1) of the technical codes of building regulations and is administered under Title 9, Chapter 1 of the Hercules unicipal Code.

Sec 9-502 Adoption by Reference
The 2024 International Property aintenance Code, including appendices, as published by the International Code Council is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions as set forth in this Chapter.

Sec 9-503 Copies on File
One (1) copy of the 2024 Edition of the International Property aintenance Code, as adopted by Section 9-5.02, is on file in the office of the Chief Building Official for inspection by the public.

Sec 9-504 Amendments, Additions, and Deletions
Amending Section 302.4, "Weeds," to read:

All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches.

Amending Section 304.14, "Insect Screens," to read:
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Every door, window and other outside opening requi red for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self - closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellant fans, are employed.

Amending Section 602.3, "Heat Supply," to read:

Every own er and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat sufficient to maintain a temperature of not less than 68° F in all habitable rooms, bathrooms, and toilet rooms.

Amending Section 602.4, "Occupiable work spaces," to read:

Indoor occupiable work spaces s hall be supplied with heat sufficient to maintain a temperature of not less than 65° F during the period the spaces are occupied.

Amending Section 604.2, "Service," to read:

The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the National Electrical Code. Dwelling units shall be served by a three -wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes.

Amending Section 702.1, "General," to read:

A safe and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the California Fire Code.

Amending Section 702.2, "Aisles," to read:

The required width o f aisles in accordance with the California Fire Code shall be unobstructed.

Amending Section 702.3, "Locked Doors," to read:

All means of access doors shall be readily openable from the side from which egress is to be made without the need for keys, specia l knowledge or effort, except where the door hardware conforms to that permitted by the California Building Code.

Amending Section 704.1, "General," to read:
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All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fi re or any combination thereof shall be maintained in an operable condition at all times in accordance with the California Fire Code.

Chapter 5 ELECTRICAL CODE
Sec. 9-5.01 Administration
These regulations shall be known as the "electrical code," and may be so cited, and will be referred to herein as "this Chapter."
This code is one (1) of the technical codes of building regulations and is administered under this Chapter.
(Ord. 254 Div. 6 (part), 1987; Ord. 539 § 3, 2022)
Sec. 9-5.02 Adoption by Reference.

The California Electrical Code, 2022 Edition (California Code of Regulations, Title 24 Part 3) based on the 2017 Edition of the National Electrical Code, as published by the National Fire Protection Association, as modified by the State of California and published in the California Code of Regulations, is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions set forth in this Chapter.
(Ord. 545 § 6, 2023)
Sec. 9-5.03 Copies on File.

One (1) copy of the 2022 California Electrical Code as adopted by Section 9-5.02 is on file in the office of the Chief Building Official for inspection by the public. (Ord. 545 § 6, 2023)
Sec. 9-5.04 Amendments, Additions and Deletions. [1]
(a) Addition to Chapter 1, Section 101, Scope, to read as an additional paragraph as follows:
(1) The Administrative part of this chapter is in addition to the City of Hercules Building Regulations Administrative Code, Title 9, Chapter 1 of the Hercules Municipal Code.

Where conflicts occur between this chapter and Title 9, Chapter 1 of the Hercules Municipal Code, the provisions of Title 9, Chapter 1 of the Hercules Municipal Code shall govern.
(b) The 2022 California Energy Code ("CEnC") is amended by the changes, additions, and deletions set forth in this Chapter. Section numbers used below are those of the 2022 California Energy Code.
(1) Section 100.0(e)(2)(A) of CEnC, Subchapter 1 (All Occupancies – General Provisions), is amended to read:
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A. All newly constructed buildings.
(i) Sections 110.0 through 110.12 apply to all newly constructed buildings and rebuilt buildings within the scope of Section 100.0(a), where rebuilt involves demolition and reconstruction of a building or structure involving the repair or replacement of fifty (50) percent or more of the exterior walls or involving work that exceeds one-half (1/2) of the appraised value of the structure. In addition, newly constructed buildings shall meet the requirements of Subsection B, C, D, or E, as applicable. (ii) A newly constructed building that is any of the following building types shall be an all-electric building:
a. Residential
b. Detached Accessory Dwelling Units
c. Hotel
d. Office
Exceptions to Section 100.0(e)(2)(A)(ii):
• Laboratory- and research-specific functions within laboratories and medical buildings (general heating and appliance purposes within laboratories and medical facilities are not exempt).
• Emergency facilities and emergency generators;
• Development projects that have obtained vested rights before the effective date of this subsection pursuant to a development agreement in accordance with Government Code section 65866, a vesting tentative map in accordance with Government Code section 66998.1, or other applicable law.
(2) Section 100.1(b) (Definitions) of CEnC, Subchapter 1 (All Occupancies – General Provisions), is amended by adding the following definition:

ALL-ELECTRIC BUILDING means a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the sole source of energy for its space heating (including heating of all indoor and outdoor spaces of the building), water heating (including heating of indoor and outdoor pools and spas), cooking appliances, and clothes drying appliances. An all-electric building may utilize natural gas for emergency generators.
(Ord. 545 § 6, 2023)
[1] Code reviser's note: Through Resolution 24-020, adopted April 9, 2024, the Council has suspended reby enforcement of the City's All-Electric Requirements, which are set forth at Section 9-5.04(b).
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Sec. 9-5.05 Permits Required.

It shall be unlawful for any person, firm or corporation to install, alter, repair, replace or remodel any electrical system or equipment regulated by this code. (Ord. 288 Div. 1 (part), 1990; Ord. 539 § 3, 2022)
Sec. 9-5.06 Unsafe Electrical Systems.

All electrical systems or equipment regulated by this code which are unsafe, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of electrical systems or equipment regulated by this code constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use.

All such unsafe electrical systems or equipment are declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the Uniform Code for the Abatement of Dangerous Buildings or such alternate procedure as may be adopted by this jurisdiction. As an alternative, the Building Official or other employee or official of this jurisdiction as designated by the governing body may institute any other appropriate action to prevent, restrain, correct or abate the violation.
(Ord. 288 Div. 1 (part), 1990; Ord. 539 § 3, 2022)
Chapter 6 HOUSING CODE.

Sec. 9-6.01 Administration.

These regulations shall be known as the "Housing Code," and may be so cited.

This Code is one of the technical codes of Building Regulations administered under Title 9, Chapter 1 of the Hercules Municipal Code.
(Ord. 324 Div. 7 (part), 1994)
Sec. 9-6.02 Adoption by Reference.

The Uniform Housing Code as published by the International Code Cou ncil, as modified by the State of California and published in the California Code of Regulations, Title 25, Housing and Community Development, Division 1, Chapter 1, is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions set forth in this Chapter.
(Ord. 500 § 6, 2017)
Sec. 9-6.03 Copies on File.

One (1) copy of the Cal ifornia Housing Code as adopted by Section 9-6.02 is on file in the office the Chief Building Official for inspection by the public. 67 Ordinance No. ___

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(Ord. 324 Div. 7 (part), 1994; Ord. 335 Div. VI (part), 1996; Ord. 382 § 6 (part), 2003; Ord. 434 § 6 (part), 2007)
Sec. 9-6.04 Substandard Buildings.

All buildings or portions thereof which are determined to be substandard as defined in this Code are hereby de clared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accord ance with the procedures specified in Uniform Housing Code Sections 1101 through 1104.
(Ord. 324 Div. 7 (part), 1994)
Sec. 9-6.05 Permits Required.

No building or structure regulated by this Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the Building Official in the manner and according to the appli cable conditions prescribed in Chapter 1 of the Uniform Building Code.
(Ord. 324 Div. 7 (part), 1994; Ord. 335 Div. VI (part), 1996) Sec. 9-6.06 Definition of Nuisance.
(Repealed by Ordinance No. 434)
Sec. 9-6.07 Unapproved Shelter.

Every building shall be weather protected so as to pr ovide shelter for the occupants against the elements and to exclude dampness.
(Ord. 324 Div. 7 (part), 1994)
Sec. 9-6.08 Unsafe Building.

Any building or portion thereof which is determined to be a n unsafe building in accordance with Section 102 of the Uniform Building Code; or any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the fol lowing listed conditions to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building.
(Ord. 324 Div. 7 (part), 1994; Ord. 335 Div. VI (part), 1996) Sec. 9-6.09 Inadequate Sanitation.
(Repealed by Ordinance No. 434)
Sec. 9-6.10 Structural Hazards.
(Repealed by Ordinance No. 434)
Sec. 9-6.11 Nuisance.
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Any nuisance as defined in Section 9-6.06.
(Ord. 324 Div. 7 (part), 1994; Ord. 335 Div. VI (part), 1996) Sec. 9-6.12 Improper Occupancy.

All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies. (Ord. 324 Div. 7 (part), 1994)
Sec. 9-6.13 Short Title.

This Chapter shall be cited as the "Residential Health and Safety and Neighborhood Preservation Ordinance."
(Ord. 380 § 1 (part), 2003; Ord. 409 § 1 (part), 2005)
Sec. 9-6.14 Definitions.

The following words and phrases, whenever used in this Chapter, shall be construed as defined in this Section:
(a) "Applicable laws"
means and includes, but is not limited to, the City's Housing Code, the City Zoning Ordinance, other City ordinances, and other laws or regul ations relating to the health or safety of City residents or the public.
(b) "Building Official"
means the City of Hercules Chief Building Official.
(c) "Certificate of Compliance"
means the certificates issued evidencing compliance with the requirements of this Chapter.
(d) "City"
means the City of Hercules, California.
(e) "Deficiency"
means any failure by a rental unit subject to this Chapter to comply with applicable laws. (f) "Occupant"
means an individual, partnership, corporation or association or any other form of business entity or ownership or agent of any of them lawfully residing in a rental unit. (g) "Unit"
means a dwelling unit within the City including single - and multiple-family residences, hotels and motels, and similar living accommodations.
(h) "Owner"
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means the owner of record of a unit as shown on the last equalize d assessment roll or such owner's authorized agent.
(i) "Rental unit"
means a unit occupied by or intended for occupancy by other than the owner of the unit. (j) "Yard"
shall mean the front, side, and rear setbacks of a property. (Ord. 380 § 1 (part), 2003; Ord. 409 § 1 (part), 2005)
Sec. 9-6.15 Applicability.

Except as hereinafter provided, not less than once every two (2) years every owner of a residential rental unit within the City shall cause each residential rental unit he or she owns to be inspected for compliance with all applicable laws. The owner may demonstrate compliance with this Chapter by either obtaining a Certificate of Compliance from the Chief Building Official or by providing the Chief Building Official with a valid Section 8 Certificate and Proof of Inspection. All provisions of this Chapter shall apply to such residential rental units. Units that are owned, operated or managed by a government agency other than the City which are exempt from municipal regulation by state or federal law or regulation shall not be required to comply with this Section as long as such government ownership, operation, management or exemption by state or federal law or regulation remains in effect.
(Ord. 380 § 1 (part), 2003; Ord. 409 § 1 (part), 2005; Ord. 460 § 1 (part), 2010) Sec. 9-6.16 Certificate of Compliance Requirement.

At least once every two (2) years, owners of residentia l rental units must file a written application with the Chief Building Official and obtain a valid Certificate of Compliance for each residential rental unit owned by that owner. Applications for Certificates of Compliance may be obtained from the City's C hief Building Official. To be considered for approval, applications for Certificates of Compliance must be c omplete and include the then-current application fee.
(Ord. 380 § 1 (part), 2003; Ord. 409 § 1 (part), 2005; Ord. 460 § 1 (part), 2010) Sec. 9-6.17 Inspection.

Within twenty (20) working days of the date upon which a completed application for a Certificate of Compliance is submitted to the Building Official, the Building Official shall cause the residential rental unit or residential rental units specified in the application to be inspected. The Bui lding Official shall issue a Certificate of Compliance for residential rental units that comply with applicable laws. (Ord. 380 § 1 (part), 2003; Ord. 409 § 1 (part), 2005)
Sec. 9-6.18 Certificate of Compliance Contents.
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Certificates of Compliance issued pursuant to this Chapter shall specify: the date of issuance, the legal use and occupancy of the residential rental unit, the residential rental unit address, the name of the residential rental unit owner to whom the certificate is issued, and a finding that the residential rental unit complies with applicable laws as far as could be determined by the inspection.
(Ord. 380 § 1 (part), 2003; Ord. 409 § 1 (part), 2005)
Sec. 9-6.19 Validity of Certificates of Compliance.

Certificates of Compliance issued pursuant to this Chapter shall remai n valid for two (2) years from the date of issuance.
(Ord. 380 § 1 (part), 2003; Ord. 409 § 1 (part), 2005; Ord. 460 § 1 (part), 2010) Sec. 9-6.20 Deficiencies.

Within ten (10) business days after the inspection of a residential rental unit, the Building Official shall provide the owner with written notice of each deficiency disclosed by that inspection. The owner shall remedy each such deficiency within thirty (30) calendar days after the City provides the owner such written notice. Certificates of Compliance shall not be issued until every deficiency in the inspected residential rental unit is corrected. (Ord. 380 § 1 (part), 2003; Ord. 409 § 1 (part), 2005)
Sec. 9-6.21 Inspection Consent.

Owners are responsible for making residential rental units available for inspection by the Building Official or his/her designee. If owners or non-owner occupants do not consent to entry into a residential rental unit for inspection by the Building Official or his/her designee, the Building Official may not force or otherwise attempt to gain entry except in accordance with a valid warrant issued in accordance with Section 1822.50 and following the California Code of Civil Procedure.
(Ord. 380 § 1 (part), 2003; Ord. 409 § 1 (part), 2005)
Sec. 9-6.22 Administrative Regulations.

The Building Official is authorized and directed to promulgate administrative regulations pertaining to the implement ation and enforcement of this Chapter. Such administrative regulations shall not take effect unless and until they are approved by a resolution duly adopted by the City Council following a public hearing thereon. (Ord. 380 § 1 (part), 2003; Ord. 409 § 1 (part), 2005)
Sec. 9-6.23 Voluntary Inspection Requests.

Nothing in this Chapter shall be c onstrued to prohibit an owner or occupant from voluntarily requesting an inspection pursuant to this Chapter to determine whether a residential rental unit complies with applicable laws, even though such inspection may not be required by this Chapter. Such voluntary inspection requests shall be subject to all 71 Ordinance No. ___

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of the provisions of this Chapter, including, but not limited to, the provisions governing applications and fees.
(Ord. 380 § 1 (part), 2003; Ord. 409 § 1 (part), 2005)
Sec. 9-6.24 Penalties.

Violations of the provisions of this Chapter shall be deemed infractions. (Ord. 380 § 1 (part), 2003; Ord. 409 § 1 (part), 2005)
Sec. 9-6.25 Appeal.

Any person aggrieved by a determination concerning a Certificate of Compliance application under this Chapter may appeal to the Hearing Officer using the procedures and paying the fees prescribed in Sections 4 -10.22 through 4 -10.25 of this Code, as amended from time to time. The Hearing Officer's decision shall be final and binding and shall constitute the exh austion of all required administrative remedies. Once the Hearing Officer issues a decision, there shall be no further appeal to City Management or to the City Council.
(Ord. 380 § 1 (part), 2003; Ord. 409 § 1 (part), 2005)
Chapter 7 BUILDING SECURITY CODE.

Sec. 9-7.01 Administration.

These regulations shall be known as the "Building Security Code," and may be so cited, and will be referred to herein as "this Chapter."
This Code is one of the technical codes of Building Regulations and is administered under Title 9, Chapter 1 of the Hercules Municipal Code. (Ord. 254 Div. 8 (part), 1987)
Sec. 9-7.02 Purpose.

The purpose of this Chapter is to provide minimum safety standards to make buildings and structures within the City of Her cules resistant to unlawful entry by regulating and controlling the design, construction, quality of materia ls, location and maintenance of certain security equipment specifically regulated herein. (Ord. 254 Div. 8 (part), 1987)
Sec. 9-7.03 Adoption by Reference.

The Uniform Security Code, 1994 Edition, published by the International Conference of Building Officials is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions set forth in this Chapter. (Ord. 254 Div. 8 (part), 1987; Ord. 335 Div. VII (part), 1996) Sec. 9-7.04 Copies on File.
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One (1) copy of the 1994 Uniform S ecurity Code as adopted by Section 9-7.03, and all amendments thereto, are on file in the office of the Building Official for inspection by the public.
(Ord. 254 Div. 8 (part), 1987; Ord. 335 Div. VII (part), 1996) Sec. 9-7.05 Scope.

The provisions of this Chapter shall apply to all new construction and to buildings and structures to which additions, alterations, or repairs are made, except as specifically provided in this Chapter. When additions, alterations, or repairs within any twelve (12) month period exceed fifty percent (50%) of the replacement value of the existing building or structure, such building or structure shall be made to con form to the new requirements for buildings or structures.
(Ord. 254 Div. 8 (part), 1987)
Sec. 9-7.06 Definitions.

For the purpose of this Chapter, the following definitions shall apply:
(a)
"Commercial building"
means any building used for the purpose of conducting, managing, or carrying on any business, storage of any merchandise, household goods, or product, but not including home occupations permitted under Section 10-1.403(g) of this Code. (b)
"Residential dwelling"
means the building or portion thereof designed for or occupied exclusively for residential purposes, including, but not limited to, motels, hotels, single -family dwellings, apartments, townhouses, condominiums, and guest rooms.
(c)
"Rated burglar-resistant"
means having been found acceptable by a recognized or generally accepted testing agency as preventing or substantially delaying unauthorized entry. The final decision regarding the qualifications of a particular material or testing agency shall be at the discretion of the Building Official.
(Ord. 254 Div. 8 (part), 1987)
Sec. 9-7.07 Enforcement.

The Building Official shall enforce a ll provisions and requirements of this Chapter. The Building Official may call upon the Planning Director, Chief of Police, or the City Attorney to assist in the enforcement of this Chapter.
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(Ord. 254 Div. 8 (part), 1987)
Sec. 9-7.08 Responsibility for Security.

The owner or its designated agent shall be responsible for compliance with the specifications set forth in this Chapter.
(Ord. 254 Div. 8 (part), 1987)
Sec. 9-7.09 Right of Entry.

With the consent of the owner, his agent, the tenant, or person in charge of the building, the Building Official or his authorized representative may enter or go upon or about any building or premises at any reasonable time to make inspections and to perform any duty if necessary to enforce the provisions of this Chapter. If the Building Official or his authorized representative is refused admittance, said Building Official may seek an inspection warrant pursuant to California Code of Civil Procedure Section 1822.50 et seq. (Ord. 254 Div. 8 (part), 1987)
Sec. 9-7.10 Stop Orders.

Whenever any building work is being done contrary to the provisions of this Chapter, the Building Official may order the work stopped by notice in writing s erved on any persons engaged in the doing or causing such work to be done, and any such person shall forthwith stop work until authorized by the Building Official to proceed with the work. (Ord. 254 Div. 8 (part), 1987)
Sec. 9-7.11 Commercial and Industrial Building Security Provisions.

All commercial and industrial buildings shall comply with the following regulations:
(a) Exterior Doors. All exterior doors shall be secured as follows:
(1) A single door shall be secured with either a double -cylinder deadbolt or a single - cylinder deadbolt without a turn-piece with a minimum throw of one (1) inch. A hook or expanding bolt may have a throw of three -fourths (3/4) inch. Any deadbolt must contain an insert of hardened material to repel attempts at cutting through the bolt and must have a minimum of six thousand (6,000) possible key changes or locking combinations. (2) On pairs of doors, the active leaf shall be secured with the type of lock required for single doors in subsecti on (a)(1) of this Section. The inactive leaf shall be equipped with flush bolts protected by hardened material with a minimum throw of five -eighths (5/8) inch at head and foot. Multiple-point locks, cylinder activated from the active leaf may be used in lieu of flush bolts.
(3) Any single or pair of doors requiring locking at the bottom or top rail shall have locks with a minimum five-eighths (5/8) inch throw bolt at both the top and bottom rails; 74 Ordinance No. ___

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(4) Exterior sliding commercial entrances shall be secured as in subsections (a)(1) through (3) of this Section, with special attention given to safety regulations.
(5) Rolling overhead doors, solid overhead swinging, sliding, or accordion garage -type doors shall be secured with a cylinder lock or a padlock on the inside when not otherwise controlled or locked by electric power operation. These locks may be acc essible from the outside only for purposes of unlocking and locking. If a padlock is used, it shall be of hardened steel shackle, with a minimum of five (5) pin tumbler operation with non - removable key when it is in an unlocked position.
(6) Metal accordion grate or grill-type doors shall be equipped with metal guide track, top and bottom, and a cylinder lock and/or padlock with hardened steel shackle and minimum five (5) pin tumbler operation with non-removable key when in an unlocked position. The bottom track shall be so designed th at the door cannot be lifted from the track when the door is in a locked position.
(7) Outside hinges on all exterior doors shall be provided with non -removable pins or hinges of the interlocking stud-type when using pin-type hinges. (8) In-swinging doors shall have rabbeted jambs.
(9) Wood doors may be of solid core construction or may include panels therein not less than one and three -eighths (13/8) inch thick; or, sh all be covered on the inside with at least sixteen (16) gauge sheet steel, or its equivalent, attached with screws on minimum six (6) inch centers.
(10) Jambs for all doors sha ll be so constructed or protected so as to prevent violation of the function of the strike.
(11) All exterior doors shall have a minimum of sixty (60) watt bulb over or to the side of the outside of the door and shall be no lower than five (5) feet, nor more than ten (10) feet above grade. Such bulb shall be protected with a vapor cover or cover of equal breaking resistant material.
(b) Glass Windows.
(1) If the accessible side or rear window is of the openable type, it shall be secured on the inside with a locking device capab le of withstanding a force of three hundred (300) pounds applied in any direction.
(2) Louvered windows shall not be used within eight (8) feet of ground level, adjacent structures, or fire escapes.
(3) Outside hinges on all accessible side and rear glass windows shall be provided with non-removable pins. If the hinge screws are accessible, the screws shall be of the non - removable type.
(c) Roof Openings.
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(1) All hatchway openings on the roof of any b uilding or premises used for business purposes shall be secured as follows:

A. If the hatchway is of wooden material, it shall be covered on the inside with at least sixteen (16) gauge sheet steel, or its equivalent, attached with screws at six (6) inches on - center.

B. The hatchway shall be secured from the inside with a slide bar or slide bolts. The use of crossbar or padlock must be approved by the Fire Marshal.

C. Outside hinges on all hatchway openings shall be provided with non -removable pins when using pin-type hinges.
(2) All air duct or air vent openings exceeding forty (40) square inches on the roof or exterior walls of any building or premises used for business purposes shall be secured by covering the same with iron or steel grills of at least one -eighth (1/8) inch material with a maximum size mesh of two (2) inches and securely fastened. (d) Ladders. Any ladder , excluding fire escapes, located on the exterior of any building which could provide access to the roof shall be protected from such access by a continuous piece of wood or metal covering the rungs. The wood or metal shall be locked with a padlock. The pa dlock shall have a minimum of five (5) pin tumblers and be of case-hardened steel. Hinges used on the coveri ng shall be of a non -removable pin type.

The wood or metal barrier shall be a minimum of eight (8) feet continuous covering and be located four (4) feet from ground level or shall be secured in a manner approved by the Building Official; any wood covering shall be not less than one-half (1/2) inch thick. (e) Special Security Measures.
(1) Safes. Commercial establishments having One Thousand Dollars ($1,000) or more in cash on the premises after closing shall lock such money in at least a Class "E" or higher rated safe after closing hours. Each safe that is installed in a commercial or industrial building shall be placed where it is clearly visible from the street or parking lot and shall be securely fastened to the floor if the net weight thereof is less than one thousand (1,000) pounds or when the safe rests upon wheels or dollies. Each such safe shall be illuminated with an intensity of at least three (3.0) foot candle power at the portions thereof which are visible from the outside of the building when the building is not occupied. (2) Office Buildings—Multiple Occupancy. All entrance doors to individual office suites shall have a deadbolt lock with a minimum one (1) inch throw bolt which can be opened from the inside without a key.
(f) Intrusion Detection Devices.
(1) If it is determined by the enforcing authority official of this Chapter that the security measures and locking devices described in this Chapter do not adequately secure the building, he may require the installation and maintenance of an intrusion detection device 76 Ordinance No. ___

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(burglary alarm system). The system must be approved and listed by a recognized testing agency.
(2) Establishments having specific type inventories shall be protected by the following type alarm service:

A. Silent alarm—Supervised service.
i. Jewelry store—Manufacturing, wholesale and retail.
ii. Guns and ammunition.
iii. Wholesale liquor.
iv. Wholesale tobacco.
v. Wholesale drugs.
vi. Fur stores.

B. Silent alarm.
i. Liquor stores.
ii. Pawn shops.
iii. Electronic equipment, including musical instrument stores. iv. Wig stores.
v. Clothing—New.
vi. Coins and stamps.
vii. Industrial tool supply houses.
viii. Camera stores.
ix. Precious metal storage facility.

C. Local alarm—Bell outside premises.
i. Antique dealers.
ii. Art galleries.
iii. Service stations.
(g) Exterior Lighting. Every parking lot and the exterior portion of buildings shall be illuminated with an intensity of at least one (1.0) foot candle po wer. The address of all buildings shall be illuminated so that it can be easily read from the street or parking lot. (h) Alternatives. Nothing contained in this Chapter shall be de emed to prohibit the use of alternative materials, devices, or measures when such alternative provisions are deemed by the Building Official as providing equivalent security. (Ord. 254 Div. 8 (part), 1987)
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Sec. 9-7.12 Residential Security Provisions.

All residential developments shall comply with the following regulations. (a) Louvered windows, except those above the first story, shall not be permitted. (b) Open parking lots (including lots having carports) providing more than ten (10) parking spaces shall be provided with a maintained minimum of one (1.0) foot candle of light on the parking surface during hours of darkness.
(c) Lighting.
(1) The address of each dwelling unit shall be illuminated so as to be easily visible from the street.
(2) At each residential development having dwelling units in more than one (1) buildi ng, an illuminated diagrammatic representation shall be placed where emergency units can view it from the street. Such representation additionally shall list the address of each unit in such type face that the address can be read from the street. (3) Each entrance door shall be illumi nated with an intensity of at least three (3.0) foot candle power with a three (3) foot horizontal radius of the locking mechanism of the door.
(4) Parking facilities, isles, passageways, and recesses related to and within the building complex shall be illuminated with an intensity of at least one (1.0) foot candle power at the ground or floor level.
(d) Street numbers shall be painted on the curb for each single-family or duplex residence with number size and color to be subject to the approval of the Building Official. (e) Entrance Door at Multi-family Buildings. Each pedestrian entrance door to the garage or to a lobby, stairwell or other common area shall be equipped with a keyed self-locking deadlatch and with an automatic door closer.
(f) Sheltered Parking. Where any portion of an automobile space is located within the perimeter of a multiple dwel ling building, such parking space shall be fully enclosed and provided with a door at the location of vehicle ingress and egress to and from such space and have a keyed self-locking device or shall be opened by electric power operation, with an internal manual override.
(g) Exterior Door. Each single door, the action leaf of each double door, and bottom leaf of each dutch door, shall be equipped with a deadbolt and deadlatch and may be activated by one lock or individual locks. The inactive leaf of each double door and the upper leaf of each dutch door shall be equipped with a flush bolt or deadlock. (h) Garage Door. Each metal or wooden overhead and sliding garage door shall be equipped with either a cylinder lock , a padlock with hardened steel shackle and hasps, throwbolts, or an electrical power -operated mechanism. Each of such doors which has 78 Ordinance No. ___

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bottom vents shall be protected with security screening in the vents or else the locking mechanism shall be installed more than forty (40) inches from each vent. (i) Metal or other security bars shall not be placed on the exterior of residential structures. (j) All interior security bars shall be equipped with an approved quick -release safety latch. Prior to installation , said safety latch shall meet the approval of the Building Inspection Department and Fire Department.
(k) Any window of sufficient size to accommodate escape or rescue, as defined in the Uniform Building Code Section 1204, that is equipped with metal or other security bars shall be made to conform to the same requirements as escape windows. (l) Security bars shall be hinged only on the sides, and security bar hinges shall be spring- loaded in the direction of egress.
(Ord. 254 Div. 8 (part), 1987)
Chapter 8 ABATEMENT OF DANGEROUS BUILDINGS.

Sec. 9-8.01 Administration.

These regulations shall be known as th e "Code for Abatement of Dangerous Buildings," and may be so cited, and will be referred to herein as "this Chapter." This Code is one of the technical codes of Building Regulations and is administered under Title 9, Chapter 1 of the Hercules Municipal Code. (Ord. 324 Div. 9 (part), 1994)
Sec. 9-8.02Adoption by Reference.

The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials, is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions set forth in this Chapter.
(Ord. 500 § 8 (part), 2017)
Sec. 9-8.03Copies on File.

One (1) copy and the Abatement of Dangerous Buildings Code as adopted by Section 9-

8.02, and all amendments thereto, are kept on file in the office of the Building Official for inspection by the public.
(Ord. 324 Div. 9 (part), 1994)
Sec. 9-8.04Amendments, Additions and Deletions.

Addition to Chapter 1, Section 102(b), Scope, to read as an additional paragraph as follows:

Section 102(b). The Administrative part of this chapter is in addition to the City of Hercules Building Regulations Administrative Cod e, Title 9, Chapter 1, of the Hercules 79 Ordinance No. ___

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Municipal Code. Where conflicts occur between this chapter and Chapter 1, the provisions of Chapter 1, Title 9 of the Hercules Municipal Code shall govern. (Ord. 324 Div. 9 (part), 1994)
Sec. 9-8.05Dangerous Building Defined.

Dangerous building shall be as defined in Section 302 of the 1997 Uniform Code for the Abatement of Dangerous Buildings as adopted in Section 9-8.02. (Ord. 500 § 8 (part), 2017)
Sec. 9-8.06Repair, Vacation and Demolition.

See Section 403 of the 1997 Uniform Code for the Abatement of Dangerous Buildings as adopted in Section 9-8.02.
(Ord. 500 § 8 (part), 2017)
Sec. 9-8.07Enforcement of the Order of the Building Official. (a)
Issuance of Order. After any order of the Building Official or the Board of Appeals made pursuant to this Code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of an infraction.
(b)
Failure to Obey Order. If, after any order of the Building Official made pursuant to this Code has become final, the person to whom such order is dire cted shall fail, neglect or refuse to obey such order, the Building Official may (i) cause such person to be prosecuted under subsection (a) of this Section or (ii) institute any appropriate action to abate such building as a public nuisance.
(1)
The Building Official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading:

DANGEROUS BUILDING

DO NOT OCCUPY
It is an infraction to occupy this building, or to remove or deface this notice.

Building Official
City of Hercules
(2)
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No person shall occupy any building which has been posted as specified in this subsection. No person s hall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the Building Official have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Uniform Building Code and Chapter 9 of this Code.
(3)
The Building Official may, in addition to any other reme dy herein provided, cause the building to be repaired to the extent necessary to correct the conditions whic h render the building dangerous as set forth in the notice and order; or, if the notice and ordered required demolition, to cause the building to be sold and demolished and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this Code. Any surplus r ealized from the sale of any such building, or from the demolition thereof, over and above the cost of demol ition and of cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto. (Ord. 324 Div. 9 (part), 1994)
Chapter 9 BOARD OF APPEALS.

Sec. 9-9.01 Administration.

The members of the Board shall be appointed by the City Council. (Ord. 247 Div. 1 (part), 1987)
Sec. 9-9.03Term.

The members of the Board shall serve for a term of two (2) years, or until their successors are appointed, unless removed from office as specified in Section 9-9.05. (Ord. 247 Div. 1 (part), 1987)
Sec. 9-9.04Powers and Duties.
(a)
To affirm, reverse, modify, or set aside any finding, determination, notice, or action of the Building Officia l which is appealed relating to the provisions of the Uniform Codes adopted as amended by the City of Hercul es; and to determine on appeal from the decision of the Building Official the suitability of alternate materials and methods or type 81 Ordinance No. ___

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of construction , and to provide for reasonable interpretations of the Uniform Codes adopted by the City of Hercules.
(b)
To establish rules of procedure for notices and service, conducting of investigations and hearings on appeal, and rendering of decisions.
(c)
To ser ve in an advisory capacity to refer any owner and/or occupant to an appropriate public or private agency for information. Upon hearing appeals, the Board shall exercise its powers in such manner that the public welfare is secured and substantial justice is done most nearly in accord with the intent and purpose of this Chapter. (Ord. 247 Div. 1 (part), 1987)
Sec. 9-9.05 Removal.

Members of the Board of Appeals serve at the pleasure of the City Council, and may be removed at any time, with or without cause, by a majority vote of the Council. (Ord. 247 Div. 1 (part), 1987)
Sec. 9-9.06 Quorum.

For the purpose of tran sacting business, a quorum of the Board shall consist of two (2) members.
(Ord. 247 Div. 1 (part), 1987)
Sec. 9-9.07 Officers.

At the first meeting of each calendar year the Board shall elect its officers. The Building Official shall be the secretary of the Board.
(Ord. 247 Div. 1 (part), 1987)
Sec. 9-9.08 Administering Oaths—Subpoenas.

Each member of the Board shall have the power to administer oaths . The City Clerk shall issue subpoenas; willful failure to appear to testify in response to any such subpoena or to produce any item pursuant to a subpoena duces tecum shall be punished as a misdemeanor; the City Clerk shall cause subpoenas to be issued un der the seal of the City.
(Ord. 247 Div. 1 (part), 1987)
Sec. 9-9.09 Appeals.

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time to time by resolution of the City Council, within ten (10) days after notice of any protested decision or action made pursuant to this Title. (Ord. 247 Div. 1 (part), 1987)
Sec. 9-9.10 Hearings.

All hearings and meetings of the Board shall be open to the public. Records and minutes shall be kept of all proceedings of the Board and copies of the minutes shall be a matter of public record. The Board shall render all decisio ns and findings in writing to the Building Official with a duplicate copy to the appellant, and shall appris e said interested parties of their right to appeal to the City Council and the time limitations for such appeal.
(Ord. 247 Div. 1 (part), 1987)
Sec. 9-9.11 Action by Council.
(a)
An aggrieved person or persons and/or the Building Official may appeal the decision of the Board by filing a notice of appeal with the City Clerk within ten (10) days of the decision. The Board shall apprise said persons of their right to appeal to the Council and of the time limitations to appeal. Immediately upon receipt of time ly notice of appeal, the City Clerk shall set the time and place for consideration of the appeal by the Council, and shall thereupon give written notice to all persons whose interest therein has been recorded in any of the proceedings theretofore. Failure to file a timely notice of appeal shall relieve the City Clerk of the duty to set the matter for consideration by the Council. (b)
The Council shall review the proceedings and decision of the Board when the decision of the Board is appealed to it. The Council may affirm, reverse, or modify, by resolution, the Board's decision and its decision shall be final.
(Ord. 247 Div. 1 (part), 1987)
Sec. 9-9.12 Enforcement.

The Building Official of the City is authorized and directed to administer and enforce the provisions of this Chapter.
(Ord. 247 Div. 1 (part), 1987)
Sec. 9-9.13 Right of Entry.

Whenever necessary to make an inspection to enforce any of the p rovisions of this Code, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises unsafe as defined in relev ant Uniform Codes, the Building Official or his authorized representative, at all reasonable times, may enter said premises 83 Ordinance No. ___

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to inspect the same or to perform any duty imposed upon the Building Official by this Code; provided, that if such building or premi ses be occupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry.
(Ord. 247 Div. 1 (part), 1987)
Sec. 9-9.14 Rules and Regulations.

The Council may, from time to time, adopt by resolution rules and regulations to execute the provisions of this Chapter. This may n ot affect the substance of the Chapter, but shall be limited to methods and procedures in the enforcement an d administration of the Chapter.
(Ord. 247 Div. 1 (part), 1987)
Chapter 10 PENALTIES
Sec. 9-10.01 Penalty for Violation of Ordinance Provisions.

Any violation of the code sections designated in this Title shall constitute an infraction, unless provided otherwise. The City of Hercules may prosecute violations of this Title as misdemeanors in addition to any other remedies provided in this Code or allowed by law.

Section 1-4.01 outlines the penalties for any failure to comply with any of the requirements of the Municipal Code for either misdemeanors or infractions.

Failure to comply. Any person who continues any work after having been served with a stop work order is subject to an administrative citation per the procedure outlined in Section 1-4.02, Administrative Citations—Procedures, except any work that a person is directed by the building official to perform to remove a violation or unsafe condition. (Ord. 526 § 11, 2019)
Chapter 11 ENERGY CODE
Sec. 9-11.01 Administration.

These regulations shall be known as the "Energy Code," and may be so cited, and will be referred to herein as "this Chapter." Thi s Code is one of the technical codes of building regulations and is administered under Title 9, Chapter 1 of the Hercules Municipal Code. (Ord. 434 § 7 (part), 2007)
Sec. 9-11.02Adoption by Reference.
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The California Energy Code, 2022 Edition (California Code of Regulations, Title 24, Part 6), including appendices, as published by the International Code Council as modified by the State of California, is adopted by referen ce and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions set forth in this Chapter. (Ord. 545 § 12, 2023)
Sec. 9-11.03Copies on File.

One (1) copy of the 2022 California Energy Code, including appendices, as adopted by Section 9-11.02, is on file in the office of the Chief Building Official for inspection by the public.
(Ord. 545 § 12, 2023)
Sec. 9-11.04Amendments, Additions, and Deletions.

Reserved.
(Ord. 500 § 11 (part), 2017)
Chapter 12 EXISTING BUILDING CODE
Sec. 9-12.02 Administration.

These regulations shall be known as the "Hi storical Code" and may be so cited, and will be referred to herein as "this Chapter." This Code is one (1) o f the technical codes of building regulations and is administered under Title 9, Chapter 1. (Ord. 545 § 13, 2023)
Sec. 9-12.02Adoption by Reference.

The California Historical Building Code, 2022 Edition (California Code of Regulations, Title 24, Part 8) including appendices, as published by the International Code Council as modified by the State of California, is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions set forth in this Chapter.
(Ord. 545 § 13, 2023)
Sec. 9-12.03Copies on File.

One (1) copy of the 2022 California Historical Build ing Code, including appendices, as adopted by Section 9-12.02, is on file in the office of the Chief Building Official for inspection by the public.
(Ord. 545 § 13, 2023)
Sec. 9-12.04Amendments, Additions, and Deletions.

Reserved.
(Ord. 500 § 12 (part), 2017)
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Chapter 14 REFERENCED STANDARDS CODE.

Sec. 9-14.01 Administration
These regulations shall be known as the "Referenced Standards Co de," and may be so cited, and will be referred to herein as "this Chapter." This Code is one (1) of the technical codes of building regulations and is administered under Title 9, Chapter 1. (Ord. 545 § 15, 2023)
Sec. 9-14.02Adoption by Reference.

The California Referenced Standards Code, 2022 Edition ( California Code of Regulations, Title 24, Part 12) including appendices, as publi shed by the International Code Council, as modified by the State of California, is adopted by reference and made a part of this Chapter as though fu lly set forth herein, subject to the additions and deletions as set forth in this Chapter.
(Ord. 545 § 15, 2023)
Sec. 9-14.03Copies on File.

One (1) copy of the 2022 Edition of the California Refer enced Standards Code, as adopted by Section 9-14.02, is on file in the office of the Chief Building Official for inspection by the public.
(Ord. 545 § 15, 2023)
Sec. 9-14.04Amendments, Additions, and Deletions.

Reserved.
(Ord. 500 § 14 (part), 2017)
Chapter 15 FIRE CODE
Sec. 9-15.01 Administration.

These regulations shall be known as the "2022 California Fire Code" and may be so cited, and will be referred to herein as "this Chapter." This Code is one (1) of the technical codes of building regulations and is administered under Title 9, Chapter 1. (Ord. 545 § 161, 2023)
Sec. 9-15.02 Adoption by Reference.

The 2022 California Fire Code, (Calif ornia Code of Regulations, Title 24, Part 9 (based on the 2021 International Fire Code published by the International Code Council)), including appendices, as published by the International Code Council, as modified by the 86 Ordinance No. ___

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State of California, and is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions as set forth in this Chapter. (Ord. 545 § 161, 2023)
Sec. 9-15.03 Copies on File.

One (1) copy of the 2022 California Fire Code, as ado pted by Section 9 -15.02, is on file in the office of the Chief Building Official for inspection by the public. (Ord. 545 § 161, 2023)
Sec. 9-15.04 Amendments, Additions, and Deletions.

The following portion of the Ordinance Code of Rodeo-Hercules Fire District, California, is adopted by reference under the authority of Sections 50020 through 50022.9 of the California Government Code:

Amending the 2022 California Fire Code by the changes, additions, and deletions set forth below as set forth as set in the Rodeo-Hercules Fire District Ordinance No. 2022-01.

Chapter and section numbers used below are those of the 2022 California Fire Code:

Chapter 1. Scope and Administration.

Section 101.1 is amended to read:
101.1 Title. These regulations shall be known as th e Fire Code of the Rodeo -Hercules Fire Protection District, hereinafter referred to as "this code." Section 102.1 is amended to add item 5, to read:

5. Where not otherwise limited by law, the provisions of this code shall apply to vehicles, ships, and boats that are permanently affixed to a specific location within the boundaries of this jurisdiction.

Section 105.5 is amended to read:
105.5 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Chapter 1, Sections 105.5.1 through 105.5.63.

Section 105.5.33 is amended to read:
105.5.33 Motor Fuel Dispensing Facilities. An operational permit is required for the operation of automotive, marine, and fleet motor fuel dispensing facilities, i ncluding for sites that allow mobile fueling from a service provider to the general public, fueling of motor vehicles at approved locations from a tank vehicle and limited or temporary fueling operations for special events (fueling of watercraft from shore, piers, floats, or barges).

Section 105.5.40 is amended to read:
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Section 105.5.40 Cannabis/Plant Extraction Related System(s)/Operations. An operational permit is required for any of the following cannabis/plant extraction related systems operations.

1. Cultivation

2. Plant Extraction Systems

3. Testing/Lab

4. Manufacturing

5. Distribution

6. Carbon Dioxide Systems or volatile solvent.

Section 105.5.52 is amended to read:
105.5.52 Wood products. An operational permit is required to store chips, hogged material, wood or other combustible pallets, lumber or plywood in excess of 200 cubic feet (6 m3).

Section 105.5 is amended by adding Subsections 105.5.55 through 105.5.63 to read:
105.5.55 Asbestos removal. A permit is required to conduct asbestos -removal operations regulated by Section 3319.
105.5.56 Automobile Wrecking or Dismantling Yard. An operation permit is required for all automobile wrecking yards, automobile dismantling operations, and similar operations.
105.5.57 Christmas tree sales. A permit is re quired to use a property for the purpose of selling cut Christmas trees.
105.5.58 Firework aerial display. A permit is required to conduct a firework display regulated by California Code of Regulations, Title 19 and Chapter 56 of this code. 105.5.59 Model rockets. A permit is required to sell model rocket motors or launch model rockets pursuant to California Code of Regulations, Title 19, Division 1, Article 17.

Permits issued in accordance with this section are for the site and are effective as long as site conditions have not changed.
105.5.60 Temporary Occupancy. A permit is required for any temporary occupancy. 105.5.61 Temporary water supply. A permit is required to use a temporary water supply for construction of residential projects or subdivisions pursuant to Section 3313.1. 105.5.62 Tire storage. A permit is required to store more than 1,000 cubic feet (28.3 m3) of tires inside buildings pursuant to Chapter 34.
105.5.63 Indoor Growing Operation. A permit is required to operate an indoor growing operation.

Exception: Agricultural Greenhouses in an agricultural zone. 88 Ordinance No. ___

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Section 105.6 is amended to read:
105.6 R equired construction permits. The fire code official is authorized to issue construction permits for the operations set forth in Chapter 1, Sections 105.6.1 through 105.6.29.

Section 105.6 is amended by adding Sections 105.6.25 through 105.6.29 to read:
105.6.25 Access for fire apparatus. Plans shall be submitted and a permit is required to install, improve, modify, or remove public or private roadway s, driveways, and bridges for which Fire District access is required by the Fire Code. 105.6.26 Construction , Substantial Alteration, Additions of a building for which a building permit is required. Plans shall be submitted to the fire code official for al l land developments or for the construction, substantial alteration, additions or renovation of a building within the jurisdiction where a building permit is required.

Exception: Non -sprinklered Group R -3 Occupancies where work does not involve a substantial addition or substantial alteration.
105.6.27 Land Development, Subdivisions. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction that involve the subdivision of land.
105.6.28 Wat er supply for fire protection. Plans shall be submitted to the fire code official for the purpose of determining whether adequate water supplies, fire hydrants, and associated systems are provided for all facilities, buildings, or portions of buildings either constructed or moved into the District pursuant to Section 507. 105.6.29 Land Development, Subdivisions. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction that involve the subdivision of land.

Section 105.7 is added to read:
105.7 Responsibility of permittee. Construction permits shall be presumed by the Fire District to incorporate all the work that the applicant or the applicant's agent, employees, or contractors shall carry o ut. Work performed shall be in accordance with the approved plans and with all requirements of this code and any other laws or regulations applicable thereto. No Fire District approval shall relieve or exonerate any person from the responsibility of complying with the provisions of this code nor shall any vested rights be created for any work performed in violation of this code.

Section 112.4 is amended to read:
112.4 Violation penalties. Every person who violates any provision of this fire code is guilty o f an infraction or misdemeanor in accordance with Health and Safety Code Section 13871 and Government Code S ection 53069.4. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; 89 Ordinance No. ___

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and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of the aforesaid penal ty shall not be held to prevent the enforced removal of prohibited conditions.

Chapter 2. Definitions.

Section 202 is amended by adding the following definitions to that section:

Administrator. Shall mean the Fire Chief.

Aerial Pre-Plans. An overhead layou t of a parcel that contains structure(s) that identifies specific first responder related items to assist in effectively managing incidents and events for the protection of occupants, responding personnel, property, and the environment. The preplan shall b e developed in accordance with a format approved by the AHJ. Preplan symbols shall comply with AHJ or the la test edition of NFPA 170 (Standard for Fire Safety and Emergency Symbols), and NFPA 1620 (Standard for Pre-Incident Planning).

All-Weather Driving Surface. A roadway with a minimum surface finish that is designed to carry the imposed weight loads of fire apparatus.

Automobile Dismantling or Wrecking Yard. The operation of dismantling or removing parts from salvaged vehicles including engines or engine parts.

Automobile Wrecking Yard. An area that stores or dismantles salvaged vehicles.

Board of Directors. The Rodeo-Hercules Fire Protection District.

Board of Fire Commissioners. An advisory commission appointed by the Board of Directors to act as set forth in this ordinance and by resolutions of the Board of Directors.

Combustible Material. Rubbish, litter or material of any kind other than hazardous vegetation that is combustible and endangers the public safety by creating a fire hazard as determined by the fire code official.

Defensible Space. The area adjacent to a structure or dwelling as determined by the fire code official where wildfire prevention or protection practices are implemented to provide the key point of defense from an approaching wildfi re or to minimize the spread of a structure fire to wildlands or surrounding areas.

Driveway. A private roadway that provides access to no more than two (2) single -family dwellings.

Fire Apparatus Access Road. A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term that includes, but is no t limited to a fire lane, public street, private street, driveway, parking lot lane, and access roadway.

Fire Code Official. The Fire Chief or a dul y authorized representative, or other person as may be designated by law, appointment or delegation and charged with the administration and enforcement of this code.
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Firebreak. A continuous strip of land upon and from which all combustible material hazardous vegetation or other growth has been removed to bare mineral soil to stop or prevent the extension of fire from one area to another.

Fire Trail. A graded firebreak of sufficient width, surface, and design to provide access for personnel and equipment to suppress and to assist in preventing a surface extension of fires. Must be able to support the safe travel of a Type 3 Fire Apparatus.

Fuel Break. A strategically located block or strip, on which a cover of dense, heavy, or combustible vegetation has been changed to one of lower fuel volume or reduced combustibility, as an aid to fire control. Fuel breaks requir e annual and recurring maintenance.

Hazardous Vegetation. Vegetation that is combustible and endangers the public safety by creating a fire hazard i ncluding but not limited to seasonal and recurrent grasses, weeds, stubble, brush, dry leaves, dry needles, dead, dying or diseased trees and any other vegetation as determined by the fire code official.

Key Box or Knox Box. (Underwriters Laboratory) UL "L isted" box size and style, approved by the Fire Code Official or designee, that meets the requirements and u ses the same security key code adopted by the Fire District.

Ladder Fuel. Fuel that provides vertical continuity between surface fuel and canopy fue l strata, increasing the likelihood that fire will carry from surface fuel into the crowns of shrubs and trees.

Nuisance Fire Alarm. The activation of any fire protection or alarm system which results in the response of the Fire District and is caused by m alfunction, improper maintenance, negligence, or misuse of the system by an owner, occupant, employee, or ag ent, or any other activation not caused by excessive heat, smoke, fire, or similar activating event.

Ornamental Landscaping. Decorative plants growi ng within a tended garden or yard which are appropriately irrigated, maintained, and located to provide aesthetic decoration and functional utility, such as privacy screening, shade, weed suppression and erosion control. The use of fire -resistant plants and the removal of fire hazardous vegetation will enhance fire safety.

Person. Includes any agency of the coun ty, city, district or other local public agency and any individual, firm, association, partnership, business trust, corporations, limited liability company, or company.

Public Nuisance. A declaration by the fire code official that the presence of combustible materials on any parcel creates a fire hazard or threat to public safety (Health and Safety Code 14875 and 14876) or any violation of this code.

Priority Hazard Zone. An area where the threat from wildfire is severe due to proximity to open space, topog raphy, degree of space, density of homes and/or amount of vegetation (native and ornamental), and/or other conditions favorable to fast moving fires. 91 Ordinance No. ___

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Response Time. The elapsed time from receipt of call to the arrival of the first unit on scene.

Rubbish. Waste matter, litter, trash, refuse, debris, and dirt on streets or private property in the jurisdiction which is, or when dry may become, a fire haz ard. See combustible material.

Rural Area. An area generally designated for agricultural or open space uses with parcels more than 10 acres (4.046873ha) in size.

Rural Residential Area. An area generally designated for single family residential use with parcels between three (1.2140619 ha) and 10 (4.046873 ha) acres in size.

Sprinkler Alarm and Supervisory System (SASS). A Dedicated Function Fire Alarm System located at the protected premise installed specifically to monitor sprinkler water - flow alarm, valv e supervisory, and general trouble conditions where a Building Fire Alarm is not required.

Streets. Includes alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs, highways, public rights of way, private road, paper street and easements.

Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 5,000 square feet or greater. (CCFPD, SRVFPD, RHFPD.)
Substantial Alteration. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one-year period.

Temporary Fire Department Access Road for Construction. An approved temporary roadway for em ergency vehicle use during construction of residential subdivision projects.

Temporary Fire Department Access Road for Construction Of One (1) Residential (R3) Unit. A temporary roadway for emergency vehicle use during construction of an individual residen tial (R3) structure where a fire department access road is required as part of the project.

Temporary Water Supply. Water stored for firefighting purposes in an approved aboveground tank during combustible construction.

Tree Litter. Any limbs, bark, branch es, and/or leaves in contact with other vegetation or left to gather on the ground.

Weeds. All weeds growing upon streets or private property in the jurisdiction, including any of the following:

1. Weeds that bear seeds of a fluffy nature or are subject to flight. 92 Ordinance No. ___

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2. Sagebrush, chaparral (including Chamise, Coyote Brush/Greasewood, Brooms, and Buckwheat), and an y other brush or weeds that attain such large growth as to become, when dry, a fire menace to adjacent improved property.

3. Weeds that are otherwise noxious or dangerous;

4. Poison oak and poison sumac when the conditions of growth constitute a menace to public health.

5. Dry grass, brush, tree litter, litter, or other flammable materials that endanger the public safety by creating a fire hazard.

Chapter 3. General Requirements.

Section 304.3.5 is added to read:
304.3.5 Clothes Dryers. Clothes dryers shall be frequently cleaned to maintain the lint trap, mechanical and heating components, vent duct, and associated equipment free from accumulations of lint and combustible materials.

Section 308.1.4, Exception 1 is amended to read:

Exception 1. Residential Occupancies.

Section 324 is added to Chapter 3, to read:

SECTION 324 Exterior Fire Hazard Control.
324.1 Subsurface Fires.
324.1.1 Peat Fire. It is th e duty of each person, firm, corporation, or association not to permit a peat fire or a fire involving combu stible vegetable matters under the surface of the natural ground to remain upon the property. It is hereby declared that it is the duty of any perso n as herein defined to take all necessary precautions to extinguish any subsurface fire involving peat or vegetable material at the owner's own cost and expense. 324.1.2 Fire Suppression Costs. If there exists upon the lands or property of any person as herein defined a subsurface fire involving the burning or combustion of peat, vegetable matter, or vegetation, and the owner or occupant thereof has not taken reasonable precautions within a reasonable time to extinguish or minimize such fire or combustion, the Fire District may, in addition to its regular duties to extinguish or minimize such fire or combustion, go upon the lands of any person as herein defined and extinguish such fire or combustion. Any costs incurred by the Fire District in fighting the fi re and for the cost of proving rescue or emergency medical services shall be a charge against the property owner. The charge shall constitute a debt of the property owner and is collectable by the jurisdiction incurring those costs in the same manner as in the case of an obligation under a contract, express or implied. (See Health and Safety Code, §13009.) Section 325 is added to Chapter 3, to read:

SECTION 325 Automobile Wrecking Yards.
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325.1 General. The operation of automobile wrecking yards shall be in accordance with this section.
325.2 Definitions. The following terms are defined in Chapter 2:

Automobile Dismantling
Automobile Wrecking Yard
325.3 Requirements.
325.3.1 Permits. An operational fire code permit is required as in Section 105.6.53. 325.3.2 Fire Apparatus Access Roads. Fire apparatus access roads shall be constructed throughout the site in accordance with this code and shall be maintained clear of all vehicles and stored items.
325.3.3 Welding and cutting. Welding and cutting operations shall be conducted in an approved location, clear of all flammable liquids and combustible materials, including weeds, tires, and all other debris.
325.3.4 Housekeeping. Combustible rubbish accumulated on site shall be collected and stored in approved containers, rooms, or vaults of noncombustible materials. Combustible vegetation, cut or uncut, shall be removed when determined by the fire code official to be a fire hazard.
325.3.5 Fire Protection. Offices, storage buildings, and vehicles used for site operation s shall each be provided with at least one portable fire extinguisher with not less than a 4 - A: 40-B-C rating. When required by the fire code official, additional fire extinguishers shall be provided.
325.3.6 Tire storage. Tires shall be stored in racks or in a manner as approved by the fire code official.
325.3.6.1 Distance from Water Supply. Tire storage shall be located on -site and no further than 500 feet from a fire hydrant or an approved water supply as determined by the fire code official.
325.3.7 Storage Piles. Storage piles shall be located a minimum of 20 feet from property lines and shall have an unobstructed access road on all sides of not less than 20 feet. 325.3.8 Burning operations. The burning of salvaged vehicles and salvaged or waste materials is prohibited.
325.3.9 Motor vehicle fluids. Motor vehicle fluid shall be drained from salvaged vehicles when such liquids are leaking onto the ground and prior to dismantling or removing engine/motor parts.
325.3.9.1 Mitigation of leaking fluids. Prec autions shall be taken to prevent fluids from salvaged vehicles from leaking onto the ground. Supplies or eq uipment capable of mitigating leaks from fuel tanks, crankcases, brake systems, and transmissions shall be 94 Ordinance No. ___

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kept available on site. Single-use plugs, diking, and absorbent materials shall be disposed of as hazardous waste and removed from the site in a manner in accordance with federal, state, and local requirements.
325.3.10 Fuel tanks. Fuel tanks of salvaged vehicles shall be emptied of all flammable (gasoline, diesel) fuels in an approved manner and stored in approved tanks. 325.3.10.1 Repair of vehicle f uel tanks. The repair of fuel tanks, including cutting, welding, or drilling of any kind, is prohibited.
325.3.11 Lead acid batteries. Lead acid bat teries shall be removed from all salvaged vehicles and stored in an approved manner in a location approved by the fire code official.

Chapter 4. Emergency Planning and Preparedness.

Section 401.5.1 is added to read:
401.5.1 Nuisance Fire Alarm. A fee may b e charged for false and/or nuisance fire alarms in accordance with the fee schedule adopted by the Board of Directors.

Section 401.10 is added to read:
401.10 Aerial Pre-Plans. For all new construction the fire official is authorized to require a fire aerial pre-plan to be prepared by an approved vendor at the cost of the developer.

Section 403.11.1 is amended to read:
403.11.1 Standby Personnel. Where, in the opinion of the fire code official or Fire Chief, it is essential for public safety in a place of a ssembly, or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest, or activity, the owner, agent, or lessee shall provide standby personnel as required and approved by the fire code official or Fire Chief. If the activity requires fire watch, fire watch shall be provided in accordance with Sections 403.11.1.1 and 403.11.1.2. Standby personnel needed for EMS standby shall be provided in accordance with Contra Costa County EMS Protocols.

Chapter 5. Fire Service Features.

Section 503.1.4 is added to read:
503.1.4 Access to open space s. When access to open land/space or fire trail systems maintained for public or private use is obstructed by new development of any kind, the developer shall provide alternate acceptable access into the area that is sufficient to allow access for fire personnel and apparatus. The alternate means of access requires the approval of the fire code official.

Section 503.1.5 is added to read:
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503.1.5 Exist ing fire trail systems shall be maintained. When conditions make maintenance of existing trails impractical, alternate means of access shall be provided and requires approval by fire code official.

Section 503.2.1 is amended by adding the following exception:

Exception: A driveway with a minimum width of 16 feet is acceptable for access to one or two single-family dwellings.

Section 505.3 is added to read:
505.3 Street names and addressing. Street names and addressing shall be submitted for review and appro val to the fire code official, whose approval will not be unreasonably withheld. The purpose of the review is to verify that new street names and addressing will not duplicate existing street names and addressing.

Chapter 6. Building Services and Systems.

Section 605.3.1 is added to read:
605.3.1 Spark Arrestors. All Chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrestor per CBC 2113.9.2.

Chapter 9. Fire Protection and Life Safety Systems.

Section 901.6.3 is amended to read:
901.6.3 Records. Records of all system inspections, tests, and maintenance required by the reference standards shall be submitted to a third party electronic record keeping service as chosen by the fire district.

Section 902.1 is amended to add:

SUBSTANTIAL ADDITION. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 5,000 square feet or greater.

SUBSTANTIAL ALTERATION. Where fifty percent or grea ter of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof a re removed or replaced within a one-year period.

Section 903.2.1.1 is amended to read:
903.2.1.1 Group A-1. An automatic sprinkler system shall be p rovided throughout stories containing Group A -1 occupancies and throughout all stories from the Group A -1 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet.

2. The fire area has an occupant load of 300 or more.
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3. The fire area is located on a fl oor other than a level of exit discharge serving such occupancies.

4. The fire area contains a multi-theater complex.

Section 903.2.1.3 is amended to read:
903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout stories containing Group A -3 occupancies and throughout all stories from the Group A -3 occupancy to and including the levels of exit discharge serving that occupancy wh ere one of the following conditions exists:

1. The fire area exceeds 5,000 square feet.

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

4. The struc ture exceeds 10,000 square feet, contains more than one fire area containing exhibition and display rooms, and is separated into two or more buildings by fire walls of less than 4-hour fire resistance rating without openings.

Section 903.2.1.4 is amended to read:
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout stories containing G roup A -4 occupancies and throughout all stories from the Group A -4 occupancy to and including the levels of exit discharge serving that occupancy wh ere one of the following conditions exists:

1. The fire area exceeds 5,000 square feet.

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

Section 903.2.2 is amended in its entirety to read:

Section 903.2.2 Group B. An automatic sprinkler system shall be prov ided for Group B occupancies and intervening floors of the building where the fire area exceeds 5,000 square feet.

Section 903.2.2.1 Ambulatory care facilities. An automatic sprinkler system shall be installed throughout the entire floor containing an ambulatory care facility where either of the following conditions exist at any time:

1. Four or more care recipients are incapable of self-preservation.

2. One or more care recipients that are incapable of self -preservation are located at other than the level of exit discharge serving such a facility. 97 Ordinance No. ___

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3. In buildings where ambulatory care is provided on levels other than the level of exit discharge, an au tomatic sprinkler system shall be installed throughout the entire floor as well as all floors below where such care is provided, and all floors between the level of ambulatory care and the nearest level of exit discharge, the level of exit discharge, and a ll floors below the level of exit discharge.

Exception: Floors classified as an open parking garage are not required to be sprinklered.

Section 903.2.3 is amended to read:
903.2.3 Group E. An automatic sprinkler system shall be provided for new Group E occupancies as follows:

1. Throughout all Group E fire areas greater than 2,000 square feet in area.

Exception: An automatic sprinkler system is not required in any Group E Day Care Facility less than 5,000 square feet.

2. The Group E fire area is located on a floor other than a level of exit discharge serving such occupancies.

Exception: In buildings where every c lassroom has not fewer than one exterior exit door at ground level, an automatic sprinkler system is not required in any area below the lowest level of exit discharge serving that area.

3. The Group E fire area has an occupant load of 300 or more.

4. In rooms or areas with special hazards such as laboratories, vocational shops, and other such areas where hazardous materials in quantities not exceeding the maximum allowable quantity are used or stored.

5. Throughout any Group E structure greater than 4,000 s quare feet in area, which contains more than one fire area, and which is separated into two or more buildings by fire walls of less than 4-hour fire resistance rating without openings.

6. For public school state-funded construction projects, see Section 903.2.19.

7. For public school campuses, Kindergarten through 12th grade, see Section 903.2.20.

Section 903.2.4 is amended in its entirety to read:
903.2.4 Group F -1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:

1. A Group F-1 fire area exceeds 5,000 square feet.

2. A Group F-1 fire area is located more than three stories above grade plane.

3. The combined area of all Group F -1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.
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4. A Group F -1 occupancy used for the manufacture of upholstered furniture or mattresses exceeding 2,500 square feet (232 m2).

Section 903.2.4.4 is added to read:
903.2.4.4 Group F -2. An automatic sprin kler system shall be provided throughout all buildings containing a Group F-2 occupancy greater than 5,000 square feet.

Section 903.2.7 is amended to read:
903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:

1. A Group M fire area exceeds 5,000 square feet.

2. A Group M fire area is located more than three stories above grade plane.

3. The combined area of all Group M fire areas on all floors, incl uding any mezzanines, exceeds 10,000 square feet.

4. A Group M occupancy (is) used for the display and sale of upholstered furniture or mattresses exceeds 5,000 square feet.

5. The structure exceeds 10,000 square feet, contains more than one fire area containing a Group M occupancy, and is separated into two or more buildings by fire walls of less than 4-hour fire resistance rating without openings.

Section 903.2.8 is amended to read:
903.2.8 Group R. An automatic sprinkler system installed in accordance wi th Section 903.3 shall be provided throughout all Group R occupancies. An automatic sprinkler system shall be installed in new manufactured homes, n ew mobile homes, and multifamily manufactured homes with two dwelling units, including those located in mobile home parks, in accordance with Title 25 of the California Code of Regulations.

Section 903.2.8.1.1 is added to read:
903.2.8.1.1 Group R-3 Substantial Addition or Alteration. An automatic sprinkler system shall be provided throughout all existing Group R-3 dwellings where either of the following occurs:

1. Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 3,600 square feet or greater.

2. Substantial Alteration. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are re moved or replaced within a one-year period.

Section 903.2.9 is amended to read:
903.2.9 Group S -1. An automa tic sprinkler system shall be provided throughout all buildings containing a Group S -1 occupancy where one of the following conditions exists:
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1. A Group S-1 fire area exceeds 5,000 square feet.

2. A Group S-1 fire area is located more than three stories above grade plane.

3. The combined area of all Group S -1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.

4. A Group S -1 occupancy used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet.

Section 903.2.9.1 is amended to read:
903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as r epair garages in accordance with Section 406.8 of the California Building Code, as shown:

1. Buildings having two or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding 5,000 square feet.

2. Buildings not more than one story above grade plane, with a fire area containing a repair garage exceeding 5,000 square feet.

3. Buildings with repair garages servicing vehicles parked in basements.

4. A Group S -1 fire area used for the repair of commercial motor ve hicles where the fire area exceeds 5,000 square feet or any tenant improvement to the structure exceeds 49% of the S-1 area.

Section 903.2.10 is amended to read:
903.2.10 Group S -2 parking garages. An automatic sprinkler system shall be provided throughout buildings classified as parking garages where any of the following conditions exists:

1. Where the fire area of the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, exceeds 5,000 square feet.

2. Where the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, is located beneath other groups.

3. Exception: Enclosed parking garages located beneath Group R-3 occupancies.

4. Where the fire area of the open parking garage, in accordance with Section 406.5 of the California Building Code, exceeds 48,000 square feet.

Section 903.2.10.3 is added to read:
903.2.10.3 Group S -2 low hazard storage. An automatic sprinkler system shall be provided throughout all buildings containing a Group S -2 occupancy exceeding 5,000 square feet.

Section 903.2.11.7 is added to read:
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903.2.11.7 High -piled storage. An automatic sprinkler system shall be provided throughout buildings containing high-pile combustible storage.

Exception: An automatic sprinkler sys tem is not required for 500 square feet or less, including aisles, of high-piled storage.

Section 903.2.22 is added to read:

Section 903.2.22 Fire department delivery capability. An automatic fire sprinkler shall be installed in all new buildings and occup ancies or in existing buildings or structures that change occupancy classification or use, when the required fire flow exceeds 2,000 gallons per minute.

Section 903.3.1.1.4 is added to read:
903.3.1.1.4 Undeclared Use. In buildings of undeclared use with f loor to structure height greater than 14 feet, the fire sprinkler system shall be designed to conform to Ext ra Hazard Group I design density. In buildings of undeclared use with floor to structure height less than 14 feet, the fire sprinkler system shall be designed to conform to Ordinary Group II design density. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the owner and/or the occupant to upgrade the system.

Section 903.3.1.3.1 is added to read:
903.3.1.3.1 Pipe limitations. Where CPVC pipe is installed above the insulation or is otherwise located in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a m inimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.

Section 903.3.5.3 is added to read:
903.3.5.3 Non-permissible water supply storage. Swimming pools and ponds shall not be considered water storage for the purposes of Section 903.3.5.

Section 903.3.9 is amended to read:
903.3.9. Floor control valves. Individual f loor control valves and water flow detection assemblies shall be provided for each floor in multi -floor buildings at an approved location.

Exception: Group R-3 and R-3.1 Occupancies.

Section 903.4.2 is amended to read:
903.4.2 Alarms. One approved audible and visual device shall be connected to every automatic sprinkler system at an approved location. Such sprinkler water -flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed i n the system. Audible and visual alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm 101
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system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

Section 903.6.1 is added to read:
903.6.1 Substantial addition or expansion. An automatic sprinkler system shall be provided throughout all existing R -3 Occupancy buildings where a substantial addition occurs and the total new gross floor area of the structure exceeds 5,000 square feet. Group R-3 substantial additions or alterations shall comply with Section 903.2.8.1.1.

Section 903.6.2 is added to read:
903.6.2 Change of occupancy classification. Any existing building that undergoes a change of occupancy classification into a higher hazard category shall comply with the requirements of Section 903.2. Relative hazard categories of occupancy groups shall be established based upon the Heights and Areas Hazard Categories of Table 1011.5 of the current edition of th e International Existing Building Code, as published by the International Code Council. The requirements of Section 903.2 shall not be required when a change of occupancy classification is made to an equal or lesser hazard category.

Group L occupancies shall be considered a relative hazard of 1 (highest hazard).

Section 907.4.4 is added to read:
907.4.4 Monitoring of other fire systems. In buildings e quipped with a fire alarm system or sprinkler alarm and supervisory service (SASS) system, where other fire suppression or extinguishing systems are installed in the building (including, but not limited to commercial kitchen suppression systems, pre -action fire suppression systems, dry chemical systems, and clean agent systems), these other suppression systems shall be monitored by the SASS dedicated function fire alarm system and transmitted as a specific signal to the Central Station. The system shall be monitored in compliance with Section 907.6.6.

Section 907.5.2.3.1 is amended to read:
907.5.2.3.1 Public and common areas. Visible alarm notification appliances shall be provided in public use areas and common use areas, including but not limited to:

1. Sanitary facilities including restrooms, bathrooms, shower rooms, and locker rooms.

2. Corridors, hallways, and aisles with shelving and/or fixtures obstructing the required light intensity for that area.

3. Music practice rooms.

4. Band rooms.

5. Gymnasiums.

6. Multipurpose rooms.

7. Occupational shops.
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8. Occupied rooms where ambient noise impairs hearing of the fire alarm.

9. Lobbies.

10. Meeting/Conference rooms.

11. Classrooms.

12. Medical exam rooms.

13. Open office areas.

14. Sales floor areas.

15. Break or lunch rooms.

16. Copy or work rooms.

17. Computer server rooms exceeding 200 sq. ft.

18. File or Storage rooms exceeding 200 sq. ft.

Section 907.6.6 is amended to read:
907.6.6 Monitoring of fire alarm systems. A fire alarm system required by this chapter, or by the California Building Code, shall be monitored by a UL -listed Central Station service in accordance with NFPA 72 and this code.

Exception: Monitoring by a UL-listed central station is not required for:

1. Single- and multiple-station smoke alarms required by Section 907.2.10.

2. Group 1-3 occupancies shall be monitored in accordance with Section 907.2.6.3.

3. Residential Day Care Facilities (occupancy load of 14 or less).

4. One- and two-family dwellings.

5. Residential Care Facilities licensed by the state with an occupant load of 6 or less.

6. Occupancies with local fire alarm system that will gi ve an audible and visible signal at a constantly attended location, as approved by the Fire Code Official.

Section 907.6.7 is added to read:
907.6.7 Certification. New fire alarm systems shall be UL -Certified. A Certificate of Completion and other documentation as listed in NFPA 72 shall be provided for all new fire alarm system installations. It is the responsibility of the building owner or owner's representative to obtain and maintain a current and valid Certificate.

Section 907.6.7.1 is added to read:
907.6.7.1 Posting of Certificate. The UL Certificate shall be posted in a durable transparent cover within three feet of the fire alarm control panel within 45 days of the final acceptance test/inspection.

Chapter 10. Means of Egress.
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Section 1028.5.1 is added to read:
1028.5.1 Exit discharge surface. Exterior exit pathway surfaces shall be suitable for pedestrian use in inclement weather, and shall te rminate at a public way as defined in the California Building Code.

Chapter 33. Fire Safety During Construction and Demolition.

Section 3303.1.2 is added to read:

Amendments. Amendments may be required to an approved site safety plan if deemed necessary by both the building official and fire official, based on previous fires or hazards that occurred on site or within the jurisdiction.

Section 3303.1.3 is added to read:

Site Security requirements. Site security requirements shall include the following if deemed necessary by both the building official and fire official:

1. Controlled access points.

2. Site fencing, up to 12 feet in height with tamper sensors and security wires on top.

3. Security guards, full-time 24/7 presence on-site, to perform fire watch and patrols.

4. Detection check points located throughout the buildings for fire watch and patrol verification.

5. Security camera coverage throughout the site with motion detection notifications.

6. Identify measures taken to prevent tampering with securit y cameras and motion sensors.

7. Necessary lighting throughout the project site.

Section 3319, Asbestos Removal, is added to read as follows:

General. Operations involving removal of asbestos or asbestos -containing materials from buildings shall be in accordance with Section 3319.

Exception: Section 3319 does not apply to the removal of asbestos from:

1. Pumps, valves, gaskets, and similar equipment.

2. Pipes, ducts, girders, or beams that have a length less than 21 linear feet (6400 mm).

3. Wall or ceiling panels that have an area of less than 10 square feet (0.93 m2) or a dimension of less than 10 linear feet (3048 mm).

4. Floor tiles when their removal can be completed in less than four hours.

5. Group R-3 occupancies.

Notification. The fire code official shall be notified 24 hours prior to the commencement and closure of asbestos-removal operations. The permit applicant shall notify the building 104
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official when asbestos abatement involves the removal of materials that were used as a feature of the building's fire resistance.

Plastic Film. Plastic film that is installed on building elements shall be flame resistan t as required for combustible decorative material, in accordance with Section 807.

Signs. Approved signs shall be posted at the entrance, exit and e xit-access door, decontamination areas and waste disposal areas for asbestos -removal operations. The signs shall state that asbestos is being removed from the area, that asbestos is a suspected carcinogen, and that proper respiratory protection is required. Signs shall have a reflective surface. Lettering shall be a minimum of 2 inches (51 mm) high.

Chapter 50. Hazardous Materials – General Provisions.

Section 5001.5.1 is amended to add items numbered 10 and 11 to read as follows:

10. Fire Department related safety equipment.

A. Fire alarm control panel (FACP).

B. Sprinkler riser.

C. Fire department connection (FDC).

D. Knox Box location.

E. Gas valve shutoff.

F. Electrical main shutoff.

G. Water shutoff.

H. Elevator equipment room.

11. A Site Fire/Explosion /Hazardous Material Release Analysis Assessment. A Fire Protection Engineer (FPE) stamped risk assessment is required for each possible hazard risk associated with fire, explosion, smoke, and toxicity associated with the possible incident at a facility tha t is identified as a bulk transfer/process/storage facility. Refer to NFPA 550 and 551 for references.

Section 5001.5.3 is added to read:
5001.5.3 Emergency response support information. Floor plans, material safety data sheets, Hazardous Materials Managem ent Plans (HMMP), Hazardous Material Inventory Statements (HMIS), and other information must be stored at a readily accessible location; as determined by the fire code official. This location may be in cabinets. located outside of facilities or buildings. Information may be required to be maintained in a specific electronic media format to facilitate computer aided dispatching.

Section 5003.9.1.2 is added to read:
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5003.9.1.2 Documentation. Evidence of compliance with provisions of this chapter as well as wi th state and federal hazardous material regulations shall be maintained on site and available for inspection by fire department personnel.

Chapter 56. Explosives and Fireworks.

Section 5601.1.3 is amended to read as follows:

Fireworks. The possession, manu facture, storage, sale, handling and use of fireworks are prohibited within the jurisdiction of the District.

Exceptions:

1. Storage and handling of fireworks by a Public Safety Agency.

2. The use of fireworks for fireworks displays pyrotechnics before a p roximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11.

3. Sna p Caps and Party Poppers classified by the State Fire Marshal as pyrotechnic devices.

Section 5601.2.2 is amended to read as follows:
5601.2.2 Sale and retail display. No person shall construct a retail display or offer for sale any explosives, explosive materials, or fireworks within the jurisdiction. Exception: Snap Caps and Party Poppers classified by the State Fire Marshal as pyrotechnic devices.

Section 5601.2.4 is amended to read as follows:
5601.2.4 Financial responsibility. Before a permit is issued pursuant to Section 5601.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $2,000,000 or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or p roperty which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results.

The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities shall be exempt from this bond requirement.

Exception: Fireworks in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6. See Section 5608.

Chapter 57. Flammable and Combustible Liquids.

Section 5703.3.1 is added to read:
5703.3.1 Facility site Fire/Ex plosion/Hazardous Material Release Analysis Assessment.

A Fire Protection Engineer (FPE) stamped risk assessment is required for each possible hazard risk associated with fire, explosion, smoke, and toxicity associated with the 106
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possible incident at a facility that is identified as a bulk transfer/process/storage facility when required by the fire official. Refer to NFPA 550 & 551 for references.

Section 5704.2.9.6.1 is amended to read as follows:

Section 5704.2.9.6.1 Locations where above -ground tanks are p rohibited. The storage of Class I and II liquids in above -ground tanks outside of buildings is prohibited in all zoning districts except districts zoned for commercial, industrial, or agricultural uses.

Exception: Protected above -ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or rural residential, and for facilities on an individual basis consistent with the intent of this provision. Tank size shall not exceed 1,000 gallons for any class of liquids.

Section 5706.2.4.4 is amended to read:

Section 5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above -ground tanks is prohibited in all zoning districts except district zoned for commercial, industrial, or agricultural uses.

Chapter 58. Flammable Gases and Flammable Cryogenic Fluids.

Section 5806.2 is amended to read as follows:

Limitations. The storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited in any area which is zoned for other than industrial use.

Exception: Liquid hydrogen fuel systems in compliance with Section 5806.3 or 5806.4.

Chapter 61. Liquefied Petroleum Gases.

Section 6103.2.1.7 is amended to read:
6103.2.1.7 Use for food preparation. Individual portable L -P containers used, stored, or handled inside a building classified as a Group A, Group B, or Group M occupancy for the purposes of cooking, food display, or a similar use, shall be limited in size to one quart capacity and shall be of an approved type. The number of portable containers permitted will be at the discretion of the fire code official. LP -gas appliances used for food preparation shall be listed for such use in accordance with the California Mechanical Code and NFPA 58.

Section 6104.2 is amended to read:
6104.2 Maximum capacity within established limits. The storage of liquefied petroleum gas is prohibited in any central business district and in all zoning districts except districts zoned for commercial, industrial, rural, or agricultural uses. The aggregate capacity of any 107
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one installation used for the storage of liquefied petroleum gas shall not excee d a water capacity of 2,000 gallons (7,570 L).

Chapter 80. Referenced Standards.

Chapter 80 is amended by adding the following referenced standards:

NFPA 3 (2021): Recommended Practice for Commissioning of Fire Protection and Life Safety Systems.

NFPA 850 (2020): Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current Converter Stations.

Chapter 80 is fu rther amended by amending the NFPA 13D (2022) (Standard for the Installation of Sprinkler Systems in One - and Two-Family Dwellings and Manufactured Homes) standard as follows:

Section 7.7.1 is added to read:

7.7.1 Where CPVC pipe is installed above the nor mal insulation in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.

Section 8.3.5.1.2 is amended to read:

8.3.5.1.2 Where fuel -fired equipment is below or on the sa me level as occupied areas of the dwelling unit, at least one quick -response intermediate temperature sprinkler shall be installed above the equipme nt or at the wall separating the space with the fuel -fired equipment from the occupied space. In unconditioned spaces, CPVC pipe shall be adequately insulated to a minimum R -19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.

Appendix B. Fire-Flow Requirements for Buildings.

Table B105.2 is amended to read:

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 SPRINKLER

SYSTEM (DE SIGN

STANDARD)

MINIMUM FIRE -FLOW
(GALLONS PER MINUTE)

FLOW DURATION
(HOURS)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2)
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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 SPRINKLER

SYSTEM (DE SIGN

STANDARD)

MINIMUM FIRE -FLOW
(GALLONS PER MINUTE)

FLOW DURATION
(HOURS)
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)a Duration in Table
B105.1(2) at the
reduced flow rate
For SI: 1 gallon per minute= 3.785 Lim
a. The reduced fire-flow shall be not less than 1,500 gallons per minute.

Appendix C. Fire Hydrant Locations and Distribution.

Table C102.1 is amended as follows:

The title of Table C102.1 is amended to read: TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS (footnotes h and j)
The heading of the fourth column of Table C102.1 is amended to read:

MAXIMUM DISTANCE FROM ANY POINT ON STREET OR R OAD FRONTAGE TO A HYDRANT (d, f, g, i)
Footnotes "i" and "j" are added to Table C102.1, to read:
i. A fire hydrant shall be provided within 250 feet of a fire trail access point off a public or private street.
j. For infill projects within existing single -family residential developments, Section 507.5.1 applies.

Appendix D. Fire Apparatus Access Roads.

Section D102.1 is amended to read:

D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fir e department apparatus by way of an approved fire apparatus access road with an asphalt, concrete, or other approved all -weather driving surface capable of supporting the imposed load of fire apparatus weighing at least 74,000 pounds (34,473 kg) in accordance with Caltrans Design Standard HS-20-44. 109
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Section D103.2 is amended to read:

D103.2 Grade. Fire department access roadways having a grade of between 16 percent and 20 percent shall be d esigned to have a finished surface of grooved concrete sufficient to hold a 44,000 pound (19 958 kg) traction load. The grooves in the concrete surface shall be 1/2 inch (13 mm) wide by 1/2 inch (13 mm) deep and 1 1/2 inch (38 mm) on center and set at a 30 to 45 degree angle across the width of the roadway surface. No grade shall exceed 20 percent, nor shall the cross slope exceed 8%, unless authorized in writing by the fire code official.

Section D103.2.1 is added, to read:

D103.2.1 Angles of approach and departure. The angles of approach and departure for any means of access shall not exceed 10 percent at 10 feet of the grade break.

Section D103.3 is amended to read:

D103.3 Turning radius. Based on a minimum unobstructed width of 20 feet, a fire apparatus access roadway shall be capable of providing a minimum standard turning radius of 25 feet (7,620 mm) inside and 45 feet (13,716 mm) outside.

Figure D103.l is amended to read:
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Table D103.4 is amended to read:

TABLE D103.4

REQUIREMENTS FOR DEAD-END FIRE APPARATUS ROADS
LENGTH
(feet)

MINIMUM WIDTH
(feet) TURNAROUNDS REQUIRED
0-150 20a None required
151 - 750 20a 100-foot Hammerhead, 50 -foot "Y", 75 -foot Shunt or 90 -foot-diameter cul -de-sac in accordance
with figure D103.1
Over 750 Special approval requiredb
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a. A driveway with a minimum width of 16 feet is acceptable for access to no more than two single-family dwellings.
b. Any fire apparatus access ro adway or driveway that is approved to be less than 20 feet wide and to exceed 750 feet in length shall have outsets or turnouts every 300 feet along the length of the road or driveway, or at locations approved by the fire code official. Each outset or turn out shall be of the following dimensions: an 8 -foot-wide turnout that extends at least 40 feet in length.

Section D103.5 is amended as follows:

Criteria 1 of Section D103.5 is amended to read:

1. The minimum clear width shall be 20 feet (6,096 mm).

Exception: For access to one or two single -family dwellings, 16 feet clear width is acceptable.

Criteria 9 is added to Section D103.5, to read:

9. All gates shall be installed and located a minimum of 30 feet off the street.

Section D103.6.1 is amended to read:

D103.6.1 Roads less than 28 feet in width. Fire apparatus access roads less than 28 feet wide shall be posted on both sides as a fire lane.

Section D103.6.2 is amended to read:

D103.6.2 Roads 28 feet in width or greater, but less than 36 feet in width. Fire apparatus access roads 28 feet wide or greater, but less than 36 feet wide, shall be posted on one side of the road as a fire lane.

Section D106.1 is amended by deleting the exception and to read:

D106.1 Projects having more than 100 dwelling units. Multi ple-family residential projects having more than 100 dwelling units shall be provided with two separate and approved fire apparatus access roads and shall meet the requirements of Section D104.3.

Section D106.2 is deleted in its entirety.
(Ord. 545 § 161, 2023)
Chapter 16 GREEN BUILDING STANDARDS CODE
Sec. 9-16.02 Adoption by Reference.

The California Green Building Standards Code, 2022 Edition, as adopted by the State of California and published in the California Code of Regulations, Title 24, Part 11 i s adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions as set forth in this Chapter. 112
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(Ord. 545 § 16, 2023)
Sec. 9-16.03Copies on File.

One (1) copy of the 2022 Edition of the Californ ia Green Building Standards Code, as adopted by Section 9 -16.02, is on file in the office of the Chief Building Official for inspection by the public.
(Ord. 545 § 16, 2023)
Sec. 9-16.04Amendments, Additions, and Deletions.

The following portion of the Ordi nance Code of Contra Costa County, California, is adopted by reference under the authority of Sections 50020 through 50022.9 of the California Government Code:

Adopting the amendments to the 2022 California Green Building Standards Code by the changes, additions, and deletions set forth below as set forth in the Contra Costa County Ordinance No. 2019 -31, Chapter 74 -4, Amendments to CGBSC, Section 74 -4.006, with section numbers used below being those of the 2022 California Green Building Standards Code:
(a) Section 202 (Definitions) of CGBSC Chapter 2 (Definitions) is amended by replacing the definition of electric vehicle charging space (EV space) with the following:

ELECTRIC VEHICLE CHARGING SPACE (EV SPACE). A space intended for current or future installation of EV charging equipment and charging of electric vehicles. (b) Section 301.1.1 (Additions and alterations) of CGBSC Chapter 3 (Green Building) is amended to read:

Section 301.1.1 Additions and alterations. The mandatory provisions of Chapter 4 shall apply to additions or alterations of existing residential buildings where the addition or alteration increase s the building's conditioned area, volume, or size. The requirements shall apply only to and within the specific area of the addition or alteration.

The mandatory provisions of Section 4.106.4.2 may apply to additions or alterations of existing parking facilities or the addition of new parking facilities serving existing multifamily buildings. See Section 4.106.4.3 for application.

NOTE: Repairs inclu ding, but not limited to, resurfacing, restriping, and repairing or maintaining existing lighting fixtures are not considered alterations for the purpose of this section.

The mandatory provisions of Section 4.408 shall apply to the following types of construction or demolition projects for existing residential buildings:

1. Projects that increase the total combined conditioned and unconditioned building area by 5,000 square feet or more.
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2. Alterations to existing structures impacting 5,000 square feet or m ore of total combined conditioned and unconditioned building area.

3. Demolition projects when a demolition permit is required.

Exception: Demolition projects undertaken because the enforcing agency has determined that the demolition is necessary to abate a public nuisance or otherwise protect public health and safety.

For the purposes of determining whether a project meets the 5,000 square -foot threshold, the enforcing agency may deem all phases of a project and all related projects taking place on a single or adjoining parcel(s) as a single project. (c) Section 301.3.2 (Waste diversion) of CGBSC Chapter 3 (Gree n Building) is amended to read:

Section 301.3.2 Waste diversion. The requirements of Section 5.408 shall apply to additions, alterations, and demolition whenever a permit is required for work.

Exception: Demolition projects undertaken because the enforcing agency has determined that the demolition is necessary to abate a public nuisance or otherwise protect public health and safety.
(d) Section 4.106. 4.2.1 (Multifamily development projects with less than 20 dwelling units; and hotels and motels with less th an 20 sleeping units or guest rooms) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended by adding the following Item 3 to the end of the section:

3. EV Chargers. Ten (10) percent of the total number of parking spaces shall be equipped with fully-operational Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests.

When low power Level 2 EV charging receptacles or Level 2 E VSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes, and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces. (e) Section 4.106.4.2.1.1 is added to Section 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) of CGBSC Chapter 4 (Residential Mandatory Measures) to read:

Section 4.106.4.2.1.1 Electric vehicle charging stations (EVCS). Electric vehicle charging stations required by Section 4.106.4.2.1, Item 3, shall comply with Section 4.106.4.2.1.1. 114
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Exception: Electric vehicle charging stations serving public accommodations, public housing, motels and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.

Section 4.106.4.2.1.1.1 Location. EVCS shall comply with at least one of the following options:

1. The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.

2. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.

Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section

4.106.4.2.1.1.1 and Section 4.106.4.2.1.1.2, Item 3.

Section 4.106.4.2.1.1.2 Electric Vehicle Charging Stations (EVCS) Dimensions. T he charging spaces shall be designed to comply with the following:

1. The minimum length of each EV space shall be 18 feet (5,486 mm).

2. The minimum width of each EV space shall be 9 feet (2,743 mm).

3. One in every 25 charging spaces, but not less than one, shall also have an 8 -foot (2438 mm) wide minimum aisle. A 5 -foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3,658 mm). a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction.

Section 4.106.4.2.1.1.3 Accessible EV Spaces. In addition to the requirements in Sections

4.106.4.2.1.1.1 and 4.106.4.2.1.1.2, all EVSE, when installed, shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.

EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.
(f) Section 4.106.4.2.2 (Multifamily development proj ects with 20 or more dwelling units; and hotels and motels with 20 or more sleeping units or guest rooms) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended by revising Item 3 to read:

Page 79 of 88 ends

electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes, and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces. (g) Section 4.408.1 (Construction waste management) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read:

Section 4.408.1 Construction waste management. Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous constru ction and demolition waste in accordance with Section 4.408.2.

Exceptions:

1. Excavated soil and land-clearing debris.

2. The enforcing agency may identify alternate waste reduction requirements if the agency determines that an owner or contractor has adeq uately demonstrated that diversion facilities necessary for the owner to comply with this section do not exist or are not located within a reasonable distance from the jobsite.
(h) Section 4.408.2 (Construction waste management plan) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read:

Section 4.408.2 Construction waste management plan. Submit a construction waste management plan for the project, signed by the owner, in conformance with Items 1 through 5 prior to issuance of building perm it. The construction waste management plan shall be updated as necessary upon approval by the enforcing agency and shall be available during construction for examination by the enforcing agency. The plan must do all of the following:

1. Identify the constr uction and demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvage for future use or sale.

2. Specify if construction and demolition waste materials will be sorted on -site (source- separated) or bulk mixed (single stream).

3. Identify diversion and disposal facilities where the construction and demolition waste material will be taken and identify the waste management companies, if any, that will be utilized to haul the construction and demolition waste material. A waste management company utilized to haul construction and demolition waste material must have all applicable County approvals.

4. Identify construction methods employed to reduce the amount of construction and demolition waste generated.

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and recorded by weight or volume using the most accurate method of measurement available. To the extent practica ble, all construction and demolition debris shall be weighed using scales. Scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not possible due to lack of scales or not practical due to materials being reused on -site or elsewhere or other considerations, a volumetric measurement shall be used. The own er shall convert volumetric measurements to weight using the standardized conversion factors approved by the enforcing agency for this purpose. (i) Section 4.408.3 (Waste management company) of CGBSC Chapter 4 (Residential Mandatory Measures) is deleted.
(j) Section 4.408.5 (Documentation) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read:

Section 4.408.5 Documentation. A construction waste management final report containing information and supporting documentation that demonstrates com pliance with Section 4.408.1, Section 4.408.2, Items 1 through 5, and, when applicable, Section

4.408.4 or S ection 4.408.4.1, shall be provided to the enforcing agency before the final inspection. The required documentation shall include, but is not necessarily limited to, the following:

1. Documentation of the quantity by weight of each material type diverted or disposed, consistent with the requirements of Section 4.408.2, Item 5, and receipts or written certification from all receiving facilities utilize d to divert or dispose waste generated by the project that substantiate the amounts specified on the constru ction waste management final report; or

2. For projects that satisfy the waste stream reduction alternative specified in Section

4.408.4 or Section 4.408.4.1, documentation of the quantity by weight of each material type disposed and the total combined weight of construction and demolition waste disposed in landfills as a result of the project, the corresponding pounds disposed per square foot of the building area, and receipts or written certification from all receiving facilities utilized to dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report. (k) Section 5.106.5.3.1 (EV cap able spaces) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read:

Section 5.106.5.3.1 EV Capable Spaces. EV capable spaces shall be provided in accordance with Table 5.106.5.3.1 and the following requirements:

1. Raceways complying wi th the California Electrical Code and no less than 1 -inch (25 mm) diameter shall be provided and shall origi nate at a service panel or a subpanel(s) serving the area, and shall terminate in close proximity to the proposed location of the EV capable space and into a suitable listed cabinet, box, enclosure or equivalent. A common raceway may be used to serve multiple EV capable spaces. 117
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2. A service panel or subpanel(s) shall be provided with panel space and electrical load capacity for a dedicated 208/240 vol t, 40-ampere minimum branch circuit for each EV capable space, with delivery of 30-ampere minimum to an installed EVSE at each EVCS.

3. The electrical system and any on -site distribution transformers shall have sufficient capacity to supply full rated amperage at each EV capable space.

4. The service panel or subpanel circuit directory shall identify the reserved overcurrent protective device space(s) as "EV CAPABLE". The raceway termination location shall be permanently and visibly marked as "EV CAPABLE."
Note: A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requiremen ts established by an enforcement agency. See Vehicle Code Section 22511.2 for further details.

TABLE 5.106.5.3.1

TOTAL NUMBER

OF ACTUAL

PARKING SPACES

NUMBER OF REQUIRED EV

CAPABLE SPACES

NUMBER OF EVCS (EV

CAPABLE SPACES PROVIDED
WITH EVSE)2
1-9 0 0
10-25 4 3
26-50 8 5
51-75 13 8
76-100 17 10
101-150 25 15
151-200 35 20
201 and over 20 percent of total1 10 percent of total1

1. Calculation for spaces shall be rounded up to the nearest whole number.

2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2. (l)
Section 5.106.5.3.2 (Electric vehicle charging stations (EVCS)) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read:

Section 5.106.5.3.2 Electric Vehicle Charging Stations (EVCS). EV capable spaces shall be provided with full y-operational EVSE to create EVCS in the number indicated in 118
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Table 5.106.5.3.1. The EVCS required by Table 5.106.5.3.1 may be provided with EVSE in any combination of Level 2 and Direct Current Fast Charging (DCFC), except that at least one Level 2 EVSE shall be provided.

One EV charger with multiple connectors capable of charging multiple EVs simultaneously shall be permitted if the electrical load c apacity required by Section

5.106.5.3.1 for each EV capable space is accumulatively supplied to the EV charger.

The installation of each DCFC EVSE shall be permitted to reduce the minimum number of required EV capable spaces without EVSE by five and reduce proportionally the required electrical load capacity to the service panel or subpanel. (m)
Section 5.408.1 (Construction waste management) of CGBSC Chapter 5 Nonresidential Mandatory Measures) is amended to read:

Section 5.408.1 Construction waste manage ment. Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demoliti on waste in accordance with Section 5.408.1.1.

Exceptions:

1. Excavated soil and land-clearing debris.

2. The enforcing agency may identify alternate waste reduction requirements if the agency determines that an owner or contractor has adequately demonstrated that diversion facilities necessary for the owner to comply with this section do not exist or are not located within a reasonable distance from the jobsite.
(n)
Section 5.408.1.1 (Construction waste management plan) of CGBSC Chapter 5 Nonresidential Mandatory Measures) is amended to read:

Section 5.408.1.1 Construction waste management plan. Submit a construction waste management plan for the pro ject, signed by the owner, in conformance with Items 1 through 5 prior to issuance of building permit. The construction waste management plan shall be updated as necessary upon approval by the enforcing agency and shall be available during construction for examination by the enforcing agency. The plan must do all of the following:

1. Identify the construction an d demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvage for future use or sale.

2. Specify if const ruction and demolition waste materials will be sorted on -site (source- separated) or bulk mixed (single stream).

3. Identify diversion and disposal facilities where the construction and demolition waste material will be taken and identify the waste manageme nt companies, if any, that will be utilized to haul the construction and demolition waste material. A waste management 119
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company utilized to haul construction and demolition waste material must have all applicable County approvals.

4. Identify construction m ethods employed to reduce the amount of construction and demolition waste generated.

5. Specify that the amount of construction and demolition debris shall be calculated consistent with the enforcing agency's requirements for the weighing of debris. The owner shall ensure that all construction and demolition debris diverted or disposed are measured and recorded by weight or volume using the most accurate method of measurement available. To the extent practicable, all construction and demolition debris shall be weighed using scales. Scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not possible due to lack of scales or not practical due to material being re used on-site or elsewhere or other considerations, a volumetric measurement shall be used. The owner shall c onvert volumetric measurements to weight using the standardized conversion factors approved by the enforcing agency for this purpose. (o)
Section 5 .408.1.2 (Waste management company) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is deleted.
(p)
Section 5.408.1.4 (Documentation) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read:

Section 5.408.1.4 Documentation. A cons truction waste management final report containing information and supporting documentation that demonstrates compliance with Section 5.408.1, Section 5.408.1.1, Items 1 through 5, and, when applicable, Section

5.408.1.3, shall be provided to the enforcing agency before the final inspection. The required documentation shall include, but is not necessarily limited to, the following:

1. Documentation of the quantity by weight of each material type diverted or disposed, consistent with the requirements of Secti on 5.408.1.1, Item 5, and receipts or written certification from all receiving facilities utilized to divert or dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report; or

3. For proj ects that satisfy the waste stream reduction alternative specified in Section

5.408.1.3, documentation of the quantity by weight of each new construction material type disposed and the total combined weight of new construction waste disposed as a result of the project, the corresponding pounds of new construction disposal per square foot of the building area, an d receipts or written certification from all receiving facilities utilized to dispose waste generated by the project that substantiate the amounts s pecified on the construction waste management final report.
(Ord. 545 § 16, 2023)
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Chapter 17 RESIDENTIAL CODE
Sec. 9-17.01 Administration.

These regulations shall be known as the "Residential Bui lding Code," and may be so cited, and will be referred to herein as "this Chapter." This Code is one (1) of the technical codes of building regulations and is administered under Chapter 9-1. (Formerly 9-16.01; Ord. 462 § 16 (part), 2010; Ord. 477 § 17 (part), 2014) Sec. 9-17.02 Adoption by Reference.

The California Residential Code, 2022 Edition, including appendices, as published by the International Code Council, as modified by the State of Califo rnia and published in the California Code of Regulations, Title 24, Part 2.5, is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the changes, addit ions and deletions as set forth in this Chapter.
(Ord. 545 § 17, 2023)
Sec. 9-17.03 Copies on File.

One (1) copy of the 2022 Edition of the California Residential Code, as adopted by Section 9-17.02, is on file in the office of the Chief Building Official for inspection by the public.
(Ord. 545 § 17, 2023)
Sec. 9-17.04 Amendments, Additions, and Deletions.

The following portion of the Ordinance Code of Contra Costa County, California, is adopted by reference under the authority of Sections 50020 through 50022.9 of the California Government Code:

Adopting the amen dments to the 2022 California Residential Code by the changes, additions, and deletions set forth below as set forth in Contra Costa County Ordinanc e No. 2022 -35, Chapter 74 -4 and Division 72, Amendments to CRC, to read as follows, with the section numbers used below those of the 2022 California Residential Code:
(a) Sections R103 and R112 of CRC Chapter 1 (Scope and Application) are deleted. (b) In Section R105.2 (Work exempt from permit) of CRC Chapter 1 (Scope and Application), subsection 3 is amended to read:

3. Retaining walls that are not more than 3 feet in height measured from the top of the footing to the top of the wall and that have a downward ground slope at the bottom of the retaining wall not exceeding 1(vertical):10(horizontal), unless s upporting a surcharge or ground slope exceeding 1(vertical):2(horizontal) or impounding Class I, II, or III-a liquids. (c) Section R314.8.1.1 is added to Section R314.8 (Existing Group R-3 occupancies) of CRC Chapter 3 (Building Planning), to read:
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R314.8.1.1 Existing flat roof buildings. In existing flat roof buildings, the installation of a smoke detector that complies with Section R314.6 shall be required when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed.
(d) Section R602.10.3(3) (Bracing Requirements Based on Seismic Design Category) of CRC Chapter 6 (Wall Construction) is amended as follows:
(1) The title of Table R602.10.3(3) is amended to read:

TABLE R602.10.3(3)i
(2) Footnote "i" is added to Table R602.10.3(3) to read:
i. In Seismic Design Categories D 0, D1, and D 2, Method GB is not permitted and the use of Method PCP is limited to one - story dwellings and accessory structures.
(e) Section R602.10.4.5 is added to Section R602.10.4 (Construction methods for braced wall panels) of CRC Chapter 6 (Wall Construction) to read:

Appendices AA, AB, AC, AD, AE, AF, AG, AI, AJ, AK, AL, AM, AN, AO, AP, AQ, AR, AS, AT, AU, AV, AW, AY, and AZ of the CRC are excluded from the County building code.
(2) Footnote "g" is added to Table R602.10.3(3), to read:
g. In Seismic Design Categories D 0, D1, and D 2, Method GB is not permitted and the use of Method PCP is limited to one - story dwellings and accessory structures.
(f) Section R602.10.4.5 is added to Section R602.10.4 (Construction methods for bra ced wall panels) of CRC Chapter 6 (Wall Construction), to read:

R602.10.4.5 Limits on methods GB and PCP. In Seismic Design Categories D 0, D 1, and D 2, Method GB is not permitted, but gypsum board is permitted to be installed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story dwellings and accessory structures. (g) Appendix H of the CRC is incorporated into the City building code. Appendices A, B, C, D, E, F, G, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, an d W of the CRC are excluded from the City building code.
(Ord. 545 § 17, 2023)
Chapter 18. PROPERTY MAINTENANCE CODE.
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Sec. 9-18.01 Administration.

These regulations shall be known as the "International Property Maintenance Code," and may be so cited, and will be referred to herein as "this Chapter." This Code is one (1) of the technical codes of building regulations and is administered under Title 9, Chapter 1 of the Hercules Municipal Code.
(Ord. 545 § 19, 2023)
Sec. 9-18.02 Adoption by Reference.

The International Property Maintenance Code, 2021 Edition, including appendices, as published by the International Code Council is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions as set forth in this Chapter.
(Ord. 545 § 19, 2023)
Sec. 9-18.03 Copies on File.

One (1) copy of the 2021 Edition of the International Property Maintenance Code, as adopted by Section 9-18.02, is on file in the office of the Chief Building Official for inspection by the public.
(Ord. 545 § 19, 2023)
Sec. 9-18.04 Amendments, Additions, and Deletions.

Amending Section 302.4, "Weeds," to read:

All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches.

Amending Section 304.14, "Insect Screens," to read:

Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellant fans, are employed.

Amending Section 602.3, "Heat Supply," to read:

Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat sufficient to maintain a temperature of not less than 68°F in all habitable rooms, bathrooms, and toilet rooms.

Amending Section 602.4, "Occupiable work spaces," to read:
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Indoor occupiable work spaces shall be supplied with heat sufficient to maintain a temperature of not less than 65°F during the period the spaces are occupied.

Amending Section 604.2, "Service," to read:

The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the National Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes.

Amending Section 702.1, "General," to read:

A safe and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the California Fire Code.

Amending Section 702.2, "Aisles," to read:

The required width of aisles in accordance with the California Fire Code shall be unobstructed.

Amending Section 702.3, "Locked Doors," to read:

All means of access doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the California Building Code.

Amending Section 704.1, "General," to read:

All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the California Fire Code.

SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause , or phrase of this Ordinance is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be deleted.

SECTION 5. EFFECTIVE DATE AND PUBLICATION . The City Clerk shall certify the adoption of this Ordinance and shall publish or post the Ordinance as required by law. This Ordinance shall be effective thirty (30) days from date of final adoption. 124
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THE FOREGOING ORDINANCE was first read at a regular meeting of the H ercules City Council on the 13th day of January, 2026, and was passed and adopted at a regular meeting of the Hercules City Council on the _____ day of _____________, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Chris Kelley, Mayor
__________________________________________
Eibleis Melendez
City Clerk
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FINDINGS FOR ORDINANCE NO. 2025-19
1 CONTRA COSTA COUNTY

FINDINGS IN SUPPORT OF CHANGES, ADDITIONS, AND DELETIONS

TO STATEWIDE BUILDING STANDARDS CODE
The
California Building Standards Commission has adopted and published the 2025 Building Standards Code, which is comprised of the 2025 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Existing, and Green Building Standards Codes. These codes are enforced in Contra Costa County by the Building Inspection Division of the Department of Conservation and Development.

Al
though these codes apply statewide, Health and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change these codes and establish more restrictive building standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological, or topographical conditions. For amendments to the California Green Building Standards Code, local climatic, geological, and topographical conditions include local environmental conditions.

Or
dinance No. 2025-19 adopts the statewide codes and amends them to address local conditions.

Pursuant to Health and Safety Code section 17958.7, the Contra Costa County Board of Supervisors finds that the more restrictive standards contained in Ordinance No. 2025-19 are reasonably necessary because of the local climatic, geological, and topographic conditions that are described below.

I. Local Conditions
A. Geological and Topographic

1. Seismicity
(a) Conditions
Contra Costa County is mapped as Seismic Design Categories D and E, indicating very high risk for earthquakes. Buildings and other structures in these zones can experience major seismic damage. Contra Costa County is near numerous earthquake faults including the San Andreas Fault, and all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults. (b) Impact
A major earthquake could severely restrict the response of Contra Costa County Fire Districts and their capability to control fires. When buildings not equipped with earthquake structural support move off their foundations, gas pipes may rupture. Fires may develop from line ruptures and spread from house to house, causing an extreme demand for fire protection resources. The proximity of large areas within the County to fault traces necessitates adopting stricter structural construction standards.
142

FINDINGS FOR ORDINANCE NO. 2025-19
2 2. Soils
(a) Conditions
The area is replete with various soils, many of which are expansive. Many areas have landslide prone soils, and some areas are potentially liquefiable during severe seismic shaking.

Throughout Contra Costa County, the topography and development growth has created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percentage of slope, many exceeding 20%. Several of these roads extend up through the winding passageways in the hills providing access to remote housing subdivisions. Most of these roads are private with no established maintenance program.
(b) Impact
During inclement weather, these roads are subject to rock and mudslides, as well as downed trees, obstructing all vehicle traffic. It is anticipated that during an earthquake, several of these roads would be unpassable preventing fire protection resources from reaching fires caused by gas line ruptures or other sources.

3. Topographic
(a) Conditions
i. Vegetation
Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built-up locations 6 to 8 months of each year. Many of these areas frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs, or sidings.

This condition can be found throughout Contra Costa County, especially in those developed and developing areas of the County. Earthquake gas fires due to gas line ruptures can ignite grasslands and stress fire district resources.

ii. Surface Features
The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets, and roads, combine to limit feasible response routes for Fire District resources in and to District areas.

iii. Buildings, Landscaping, and Terrain
Many buildings and building complexes have building access and landscaping features and designs which preclude or greatly limit any approach or operational access to them by Fire District vehicles. In addition, the presence of security gates, roads of inadequate width, and grades that are too steep for Fire District vehicles adversely affect fire suppression efforts.

When Fire District vehicles cannot gain access to buildings involved with fire, the potential for complete loss is realized. Access problems often severely delay fire and smoke control efforts. In existing structures where 143

FINDINGS FOR ORDINANCE NO. 2025-19
3 pitched roofs have been built over an existing roof, smoke detectors should be required to warn residents of smoke and fire before the arrival of fire personnel.

(b) Impact
The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the County fire resources. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Most earthquake fires are caused by natural gas line ruptures. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur.

Other variables may intensify the situation:
• The extent of damage to the water system.
• The extent of isolation due to bridge and/or freeway overpass collapse. • The extent of roadway damage and/or amount of debris blocking the roadways.
•
Climatic condition (hot, dry weather with high winds).
• Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours. •
The availability of timely mutual aid or military assistance. • The large portion of dwellings with wood shake or shingle coverings (both on the roof diaphragm and sides of the dwellings) could result in conflagrations.
•
The large number of dwellings that slip off their foundations and rupture gas lines and electrical systems resulting in further conflagrations.

More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements would not impact the availability of the County’s fire or public safety resources.

B. Climatic

1. Precipitation and Relative Humidity
(a) Conditions
Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. 96% of precipitation falls during the months of October through April, and 4% from May through September. May through September is a dry 5-month period each year. Additionally, the area is subject to occasional drought. Relative humidity remains in the middle range most of the time. It ranges from 45 to 65% during spring, summer, and fall, and from 60 to 90% in the winter. It occasionally falls as low as 15%.

(b) Impact
Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush and weeds, which are 144

FINDINGS FOR ORDINANCE NO. 2025-19
4 often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely. Gas fires due to gas line ruptures can also spark and engulf a single-family residence during these dry periods.

Because of dryness, a rapidly burning gas fire or exterior building fire can quickly transfer to other buildings by means of radiation or flying brands, sparks or embers. A small fire can rapidly grow to a magnitude beyond the control capabilities of the Fire District resulting in an excessive fire loss.

2. Greenhouse Gas Emissions
(a) Conditions
The California Air Resources Board has collected information on emissions from air pollution sources since 1969. This information is periodically compiled by State and local air pollution control agencies to create regional and statewide greenhouse gas emissions inventories. The California greenhouse gas emissions inventory maintains information on various air pollution sources and identifies “transportation” (all on-road vehicles such as automobiles and trucks, and off- road vehicles such as trains, ships, aircraft, and farm equipment) as a primary pollution source. According to the 2020-2022 statewide inventory (2024 Edition), the transportation sector remains the largest source of greenhouse gas emissions, accounting for 37.7% of the total greenhouse gas emissions. Emissions from waste, comprising 2.2% of the total greenhouse gas emissions, have grown by

14.1% since 2000, and 96% of that amount is landfill emissions. California adopted land use and transportation policies and mandatory recycling laws to help reduce greenhouse gas emissions by promoting the use of renewable energy sources and reducing landfill disposal.

On November 5, 2024, Contra Costa County adopted its 2045 General Plan and 2024 Contra Costa County Climate Action and Adaptation Plan (CAAP). An updated local greenhouse gas emission inventory was included as part of the 2024 CAAP. For the purpose of reducing greenhouse gas emissions, the C2024 CAAP contains 29 climate action strategies, 11 of which directly result in greenhouse gas emission reductions. These strategies include, among other things, actions to support limiting the amount of waste disposal in landfills, actions to increase the installation of electric vehicle charging stations for all vehicle types as well as actions to increase the use of zero-emission vehicles throughout unincorporated Contra Costa County.
(b) Impact
More restrictive electric vehicle charging standards and construction and demolition waste recovery requirements would be consistent with the intent of State legislation and County requirements to aggressively implement energy and waste policies designed to ensure success in meeting their greenhouse gas emission reduction goals.

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FINDINGS FOR ORDINANCE NO. 2025-19
5 3. Temperature
(a) Conditions
Temperatures have been recorded as high as 114° F. Average summer highs are in the 75° to 90° range, with average maximums of 105° F in some areas of unincorporated Contra Costa County.
(b) Impact
High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building, wildland fires, and fires caused by gas line ruptures.

Another impact from high temperatures is that combustible building material and non- irrigated weeds, grass and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials. This requires that more water be applied, which in turn requires more fire resources to control a fire on a hot day. High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the Fire Districts in Contra Costa County. The change of temperatures throughout the County between very low and extreme highs contributes to a voltage drop in conductors used for power pole lines. This necessitates that voltage drops be considered.

More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements would not have a negative impact on the temperature conditions within the County.

4. Winds
(a) Conditions
Prevailing winds in many parts of Contra Costa County are from the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities can reach 14 mph to 23 mph ranges, gusting to 25 to 35 mph. 40 mph winds are experienced occasionally and winds up to 55 mph have been registered locally. During the winter half of the year, strong, dry, gusty winds from the north move through the area for several days creating extremely dry condition.
(b)
Impact
Winds such as those experienced locally can and do exacerbate fires, both interior and exterior, to burn, and spread rapidly. Fires involving non-irrigated weeds, grass, brush, and fires caused by gas line ruptures can grow to a magnitude and be fanned to an intensity beyond the control capabilities of the fire services very quickly even by relatively moderate winds. When such fires are not controlled, they can extend to nearby buildings, particularly those with untreated wood shakes or shingles.

Winds of the type experienced locally also reduce the effectiveness of exterior 146

FINDINGS FOR ORDINANCE NO. 2025-19
6 water streams used by all Contra Costa County Fire Districts on fires involving large interior areas of buildings, fires which have vented through windows and roofs due to inadequate built-in fire protection and fires involving wood shake and shingle building exteriors. Local winds will continue to be a definite factor toward causing major fire losses to buildings not provided with fire resistive roof and siding materials, buildings with inadequately separated interior areas, or buildings lacking automatic fire protection systems, proper gas shut-off devicesor proper electrical systems. National statistics frequently cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred.

More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements, would not have a negative impact on the wind conditions within the County.

II. Necessity of More Restrictive Standards
Because of the conditions described above, the Contra Costa County Board of Supervisors finds that there are building and fire hazards unique to Contra Costa County that require the more restrictive fire protection, structural and design load requirements, and energy and waste management policies set forth in Ordinance No. 2025-19.

A. The ordinance amends the 2025 California Building Code by:

1. Requiring the installation of a smoke detector in each existing flat roof building when a pitched roof is added on top of the existing flat roof, and the solid sheathing of the flat roof is not removed. (§ 74-4.002(b).)

2. Requiring wood shakes or shingles used for exterior wall covering to be fire treated. (§ 74-4.002(c).)

3. Requiring special inspections for concrete compressive strength at certain foundations to be consistent with code requirements for concrete at other locations. (§ 74-4.002(d).)

4. Addressing the poor performance of plain concrete structural elements during seismic events. (§ 74-4.002(e), § 74-4.002(g), and § 74-4.002(h).)

5. Prohibiting placement of reinforcement while the concrete is in a semifluid condition thus increasing quality control during construction. Enhanced quality control is necessary because of seismic considerations. (§ 74-4.002(f).)

6. Requiring minimum strength and construction standards for slabs-on-ground. (§ 74-4.002(i).)

B. The ordinance amends the 2025 California Residential Code by:

2. Prohibiting the use of gypsum wallboard as braced wall panels in single- and two- family dwellings and accessory structures, and by limiting the use of Portland 147

FINDINGS FOR ORDINANCE NO. 2025-19
7 Cement Plaster braced walls to one story single- and two-family dwellings, as these materials have performed poorly during recent California seismic events. (§74- 4.004(c) and §74-4.004(d).)

C. The ordinance amends the 2025 California Green Building Standards Code by:

1. Imposing more restrictive electric vehicle charging standards, as follows:
(a) For new multi-family buildings, requiring ten percent of the total number of parking spaces be equipped with fully-operational Level 2 electric vehicle supply equipment for all multi-family buildings. (§ 74-4.006(c).) (b)
For new non-residential buildings, other than office and retail buildings, increasing the number of designated electric vehicle parking spaces that must have fully functional charging equipment. (§ 74-4.006(h).)

2. Imposing more restrictive construction waste reduction, disposal, and recycling standards consistent with those presently enforced in the County as follows:
(a) Imposing the mandatory restrictions from Chapter 4 of the 2025 CGBSC on certain projects for existing residential buildings, including:
i. Projects that increase the total combined conditioned and unconditioned building area by 5,000 square feet or more. (§ 74-4.006(a).) ii.

Projects that impact 5,000 square feet or more of the total combined conditioned and unconditioned building area. (§ 74-4.006(a).) iii.

Demolition projects when a demolition permit is required, except demolition projects that are necessary to abate a public nuisance. (§ 74-

4.006(a) and § 74-4.006(b).)
(b)
Eliminating the exception from construction waste management requirements for projects solely based on their isolated location from diversion facilities. (§ 74- 4.006(d).)
(c)
Requiring measuring of all generated debris to ensure that at least 65% is diverted from landfills. (§ 74-4.006(g) and § 74-4.006(l).) (d) Requiring more comprehensive documentation for construction waste management be provided to the enforcing agency and making submittal of the same a prerequisite for scheduling final inspections. (§ 74-4.006(e) and § 74-

4.006(j).)

D. The amendments to the 2025 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 statewide codes as amended.

III. Assembly Bill 130 Findings
In addition to the requirement that modifications and changes be reasonably necessary because of local climatic, geological, or topographical conditions, Assembly Bill 130 imposed additional limitations to modifications and changes that impact residential units. 148

FINDINGS FOR ORDINANCE NO. 2025-19
8 After October 1, 2025, a local jurisdiction may not make any modification or change to these codes that is applicable to residential units, except under specifically enumerated conditions. (Health & Saf. Code, § 17958.5(c).) The enumerated conditions that permit a local jurisdiction to make a modification or change affecting residential units include but are not limited to: (i) the change or modification is substantially equivalent to a change or modification that was in effect as of September 30, 2025 (Health & Saf. Code, § 17958.5(c)(1)), and (ii) the change or modification relates to home hardening (Health & Saf.

Code, § 17958.5(c)(3)).

With one exception, each of the modifications applicable to residential units included in Ordinance No. 2025-19 were also included in Ordinance No. 2022-35, Contra Costa County’s adoption of the 2022 California Building Code with local amendments. The Contra Costa County Board of Supervisors adopted Ordinance No. 2022-35 on November 8, 2022, and the County’s adopted 2022 California Building Code with local amendments was effective on January 1, 2023. According, the modifications applicable to residential units included in Ordinance No. 2025-19, with one exception, are permitted under AB130 because they are substantially similar to modifications that were in effect in Contra Costa County as of September 30, 2025.

Ordinance No. 2025-19 modifies Section 1405.2 of the California Building Code (§ 74-

4.002(c)), to require that
wood shakes or shingles used for exterior wall covering to be fire treated. Ordinance No. 2022-35 also included this modification, but included an exception for when the exterior wall was at least 10 feet from the property line or faced a street. Thus, the modification in Ordinance No. 2025-19 is more restrictive than the modification previously in effect in Contra Costa County. Nevertheless, Ordinance No. 2025-19’s modification to Section 1405.2 is permitted under AB130 because it relates to home hardening as it further protects the subject residential unit from fire and inhibits the spread of fire to surrounding residential units.

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Ordinance No. 2025-14
1 ORDINANCE NO. 2025-14
(Adoption of the 2025 California Fire Code and Local Amendments)

ORDINANCE OF COUNTY OF CONTRA COSTA, THE CROCKETT -CARQUINEZ FIRE PROTECTION DISTRICT, AND THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT ADOPTING THE 2025 CALIFORNIA FIRE CODE WITH AMENDMENTS.

The Contra Costa County Board of Supervisors, acting in its capacity as the Board of Supervisors for Contra Costa County, and as the Board of Directors of the Crockett -Carquinez Fire Protection District and the Contra Costa County Fire Protection District, ordains as follows:

SECTION 1. SUMMARY. This ordinance adopts the 2025 California Fire Code (California Code of Regulations, Title 24, Part 9), subject to the changes, additions, and deletions that are necessary because of local climatic, geological, or topographical conditions. This ordinance is adopted pursuant to Health and Safety Code sections 17922, 17958, 17958.5, and 17958.7, and Government Code sections 50020 through 50022.10.

SECTION 2. 2025 CALIFORNIA FIRE CODE WITH LOCAL AMENDMENTS. Chapter 722-2 (Adoption) of Division 722 (Fire Code) of the County Ordinance Code is repealed and replaced with new Chapter 722 -2 (Fire Code), to read:
“Chapter 722-2 FIRE CODE

722-2.002. Adoption. The 2025 California Fire Code (California Code of Regulations, Title 24, Part 9 [based on the 2024 International Fire Code published by the International Code Council]), including Chapters 1-12 and 20-80, Appendix B, Appendix C, Appendix D, Appendix F, Appendix H, Appendix I, Appendix J, Appendix K, and Appendix P, as amended by the changes, additions, and deletions set forth in this chapter, is adopted by this reference as though fully set forth herein as the Fire Code of Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District. The provisions of this chapter are controlling and enforceable within the limits of each jurisdiction. (Ord. 2025-14 § 2; Ord. 2022-34 § 1; Ord. 2016-13 § 1.)

722-2.004. Local Amendments. The 2025 California Fire Code is amended by the changes, additions, and deletions set forth in this section. Chapter and section numbers used below are those of the 2025 California Fire Code.
(a) Section 101.1 of Chapter 1 (Scope and Administration) is amended to read:

“101.1 Title. This code is the Fire Code of Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District, and is hereinafter referred to as ‘'this code.’”

(b) Section 102.1 of Chapter 1 (Scope and Administration) is amended to add Item 5, to read:

“5. Where not otherwise limited by law, the provisions of this code shall apply to vehicles, ships, and boats that are permanently affixed to a specific location within the boundaries of this jurisdiction.”
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Ordinance No. 2025-14
2 (c) Section 105.5 of Chapter 1 (Scope and Administration) is amended, to read:

“105.5. Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Chapter 1, Sections 105.5.1 through 105.5.60.”

(d) New Section 105.5.60 is to Chapter 1 (Scope and Administration) to read:

“105.5.60 Five-year sprinkler test. An operational permit is required to engage in the business of conducting the five-year test of an automatic fire sprinkler systems or standpipe, in accordance with NFPA 25 (Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems), 2013 California Edition.

(e) Section 105.6 is amended to read

“105.6. Required construction permits. The fire code official is authorized to issue construction permits for the operations set forth in Chapter 1, Sections 105.6.1 through 105.6.25.”

(f) Section 105.6 is amended by adding Sections 105.6.26 through 105.6.30, to read:

“105.6.26. Access for fire apparatus. Plans shall be submitted and a permit is required to install, improve, modify, or remove public or private roadways, driveways, and bridges for which Fire District access is required by the Fire Code.
105.6.27. Construction, Substantial Alteration, Additions of a building for which a building permit is required. Plans shall be submitted to the fire code official for all land developments or for the construction, substantial alteration, additions or renovation of a building within the jurisdiction where a building permit is required.

Exception: Non-sprinklered Group R -3 Occupancies where work does not involve a substantial addition or substantial alteration.
105.6.28. Land Development, Subdivisions. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction that involve the subdivision of land.

105.6.29. Water supply for fire protection. Plans shall be submitted to the fire code official for the purpose of determining whether adequate water supplies, fire hydrants, and associated systems are provided for all facilities, buildings, or portions of buildings either constructed or moved into the District pursuant to Section 507.

105.6.30. Land Development. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction.”

(g) Section 112.4 is amended to read:

“112.4 Violation penalties. Every person who violates any provision of this fire code is guilty of an infraction or misdemeanor in accordance with Health and Safety Code Section 13871 and Government Code Section 53069.4. The imposition of one penalty for any violation shall not excuse the violation or permit to continue; and all such persons sha11 be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days 151
Ordinance No. 2025-14
3 that prohibited conditions are maintained shall constitute a separate offense. The application of the aforesaid penalty shall not be held to prevent the enforced removal of prohibited conditions.” (h) Section 202 or Chapter 2 (Definitions) is amended to include the following additional defined terms:
“Administrator. Shall mean the Fire Chief.”
“Aerial Pre-Plans. An overhead layout of a parcel that contains structure(s) that identifies specific first responder related items to assist in effectively managing incidents and events for the protection of occupants, responding personnel, property, and the environment. The preplan shall be developed in accordance with a format approved by the AHJ. Preplan symbols shall comply with AHJ or the latest edition of NFPA 170 (Standard for Fire Safety and Emergency Symbols), and NFPA 1620 (Standard for Pre-Incident Planning).”
“All-weather driving surface. A roadway with a minimum surface finish that is designed to carry the imposed weight loads of fire apparatus.”

“Board of Directors. The Contra Costa County Board of Supervisors, acting in its capacity as either the governing body of the Crockett -Carquinez Fire Protection District, or the governing body of the Contra Costa County Fire Protection District, depending which agency has jurisdiction.

“Board of Fire Commissioners. An advisory commission appointed by the Board of Directors to act as set forth in this ordinance and by resolutions of the Board of Directors.”

“Combustible Material. Rubbish, litter or material of any kind other than hazardous vegetation that is combustible and endangers the public safety by creating a fire hazard as determined by the fire code official.”
“Driveway. A private roadway that provides access to no more than two (2) single-family dwellings.”

“Fire Trail. A graded firebreak of sufficient width, surface, and design to provide access for personnel and equipment to suppress and to assist in preventing a surface extension of fires. Must be able to support the safe travel of a Type 3 Fire Apparatus.”

“Hazardous Vegetation. Vegetation that is combustible and endangers the public safety by creating a fire hazard including but not limited to seasonal and recurrent grasses, weeds, stubble, brush, dry leaves, dry needles, dead, dying or diseased trees and any other vegetation as determined by the fire code official.”
“Key Box or Knox Box. (Underwriters Laboratory) UL "Listed" box, size and style, approved by the Fire Code Official or designee that meets the requirements and uses the same security key code adopted by the Fire District”

“Nuisance Fire Alarm. The activation of any fire protection or alarm system which results in the response of the Fire District and is caused by malfunction, improper maintenance, negligence, or misuse of the system by an owner, occupant, employee, or agent, or any other activation not caused by excessive heat, smoke, fire, or similar activating event.”

“Public Nuisance. A declaration by the fire code official that the presence of combustible materials on any parcel creates a fire hazard or threat to public safety (Health and Safety Code 14875 and 152
Ordinance No. 2025-14
4 14876) or any violation of this code.”
“Response Time. The elapsed time from receipt of call to the arrival of the first unit on scene.”

“Rural Area. An area generally designated for agricultural or open space uses with parcels more than 10 acres (4.046873ha) in size.”

“Rural Residential Area. An area generally designated for single -family residential use with parcels between three (1.21406 l 9ha) and 10 (4.046873ha) acres in size.”

“Sprinkler Alarm and Supervisory System (SASS). A Dedicated Function Fire Alarm System located at the protected premise installed specifically to monitor sprinkler water- flow alarm, valve supervisory, and general trouble conditions where a Building Fire Alarm is not required.” “Streets. Includes alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs, highways, public right of ways, private road, paper street and, easements.”

Substantial Addition. Any change to an existing building or structure that meets both of the following criteria:
(a) adds gross floor area that exceeds fifty percent of the gross floor area of the existing building or structure; and
(b) results in the building or structure and the addition having a combined new gross floor area of 5,000 square feet or more.

Substantial Alteration. Any change to an existing building or structure that meets both of the following criteria within a one-year period:
(a) The removal of fifty percent or more of the linear length of any interior or exterior wall of the building or structure; and
(b) The removal and replacement of fifty percent or more of the area of the building or structure’s roof.

“Temporary Fire Department Access Road. A temporary, all -weather roadway constructed and maintained for the purpose of providing fire apparatus access to buildings, structures, or portions of a site under development until such time as the permanent fire apparatus access road is installed and approved. Temporary access roads shall be designed, constructed, and maintained to support the imposed loads of fire apparatus, provide the required width and vertical clearance, and remain clear and unobstructed at all times during construction.”

(i) Chapter 3 (General Precautions Against Fire) is amended by adding new Section 324 (Exterior Fire Hazard Control), to read:

“324. Exterior Fire Hazard Control.
324.1. Subsurface Fires.

324.1.1. Peat Fire. It is the duty of each person, firm, corporation, or association not to permit a peat fire or a fire involving combustible vegetable matters under the surface of the natural ground to remain upon the property. It is hereby declared that it is the duty of any person as herein defined to take all necessary precautions to extinguish any subsurface fire involving peat or vegetable material 153
Ordinance No. 2025-14
5 at the owner's own cost and expense.

324.1.2 Fire Suppression Costs. If there exists upon the lands or property of any person as herein defined a subsurface fire involving the burning or combustion of peat, vegetable matter, or vegetation, and the owner or occupant thereof has not taken reasonable precautions within a reasonable time to extinguish or minimize such fire or combustion, the Fire District may, in addition to its regular duties to extinguish or minimize such fire or combustion, go upon the lands of any person as herein defined and extinguish such fire or combustion. Any costs incurred by the Fire District in fighting the fire and for the cost of proving rescue or emergency medical services shall be a charge against the property owner. The charge shall constitute a debt of the property owner and is collectable by the jurisdiction incurring those costs in the same manner as in the case of an obligation under a contract, express or implied. (See Health and Safety Code, §13009.)” (j) New Section 401.5.1 is added to Chapter 4 (Emergency Planning and Preparedness), to read:

“401.5.1. Nuisance Fire Alarm. A fee may be charged for false or nuisance fire alarms in accordance with a fee schedule adopted by the Board of Directors.”

(k) New Section 401.10 is added to Chapter 4 (Emergency Planning and Preparedness), to read:
“401.10 Aerial Pre-Plans. For all new construction the fire official is authorized to require a fire aerial pre-plan to be prepared by an approved vendor at the cost of the developer.” (l) New Section 401.11 is added to Chapter 4 (Emergency Planning and Preparedness), to read:

“401.11 Standby Personnel. Where, in the opinion of the fire code official or Fire Chief, it is essential for public safety in a place of assembly, or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest, or activity, the owner, agent, or lessee shall provide standby personnel as required and approved by the fire code official or Fire Chief. If the activity requires fire watch, fire watch shall be provided in accordance with Sections 403.11.1.1 and 403.11.1.2. Standby personnel needed for EMS standby shall be provided in accordance with Contra Costa County EMS Protocols.”

(m) Section 503.1.1 in Chapter 5 (Fire Service Features) is amended, to read:
“503.1.1. Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exceptions:

1. The fire code official is authorized to increase the dimension to 250 feet where the building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.

2. Where approved by the fire code official, fire apparatus access roads shall be permitted to be exempted or modified for solar photovoltaic power generation facilities.”

(n) Section 503.1.4 is added to Chapter 5 (Fire Service Features), to read:
154
Ordinance No. 2025-14
6 “503.1.4. Access to open spaces. When access to open land/space or fire trail systems maintained for public or private use is obstructed by new development of any kind, the developer shall provide alternate acceptable access into the area that is sufficient to allow access for fire personnel and apparatus. The alternate means of access requires the approval of the fire code official.” (o) Section 503.1.5 is added to Chapter 5 (Fire Service Features), to read:

“503.1.5. Existing fire trail systems shall be maintained. When conditions make maintenance of existing trails impractical, alternate means of access shall be provided and requires approval by fire code official.”

(p) Section 503.2.1 in Chapter 5 (Fire Service Features) is amended to include the following exception:

“Exception: A driveway with a minimum width of 16 feet is acceptable for access to one or two single-family dwellings.”

(q) Section 505.3 is added to Chapter 5 (Fire Service Features), to read:
“505.3 Street names and addressing. Street names and addressing shall be submitted for review and approval to the fire code official, whose approval will not be unreasonably withheld. The purpose of the review is to verify that new street names and addressing will not duplicate existing street names and addressing.”
(r) Section 506.2.1 is added to Chapter 5 (Fire Service Features) read:
“506.2.1 Knox Box upgrade. All current businesses and occupancies with current Knox Boxes shall upgrade their lockbox to the eCore Technology by December 31, 2028.”

(s) Section 901.6.3 in Chapter 9 (Fire Protection Systems) is amended, to read:

“901.6.3 Records. Records of all system inspections, tests, and maintenance required by the reference standards shall be submitted to a third party electronic record keeping service as chosen by the fire district.”
(t) Section 902.1 in Chapter 9 (Fire Protection Systems) is amended to include the following definitions:
“Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 5,000 square feet or greater.”

“Substantial Alteration. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one- year period.”
(u) Section 903.2.1.1 in in Chapter 9 (Fire Protection Systems) is amended, to read:

“903.2.1.1. Group A -1. An automatic sprinkler system shall be provided throughout stories containing Group A- 1 occupancies and throughout all stories from the Group A -1 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:
155
Ordinance No. 2025-14
7 1. The fire area exceeds 5,000 square feet.

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

4. The fire area contains a multi-theater complex.”

(v) Section 903.2.1.3 in Chapter 9 (Fire Protection Systems) is amended, to read:
“
“903.2.1.3. Group A -3. An automatic sprinkler system shall be provided throughout stories containing Group A-3 occupancies and throughout all stories from the Group A-3 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet.

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

4. The structure exceeds 10,000 square feet, contains more than one fire area containing exhibition and display rooms, and is separated into two or more buildings by firewalls of less than 4-hour fire resistance rating without openings.”

(w) Section 903.2.1.4 in Chapter 9 (Fire Protection Systems) is amended, to read:
“903.2.1.4. Group A-4. An automatic sprinkler system shall be provided throughout stories containing Group A- 4 occupancies and throughout all stories from the Group A-4 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.”

(x) Section 903.2.2 in Chapter 9 (Fire Protection Systems) is amended, to read:
“903.2.2. Group B. An automatic sprinkler system shall be provided for Group B occupancies and intervening floors of the building where the fire area exceeds 5,000 square feet.”

(y) Section 903.2.9.1 in Chapter 9 (Fire Protection Systems) is amended to include the following exception:

“Exception: Floors classified as an open parking garage are not required to be sprinklered.”

(z) Section 903.2.3 in Chapter 9 (Fire Protection Systems) is amended, to read:
“903.2.3. Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows:

1. Throughout all Group E fire areas greater than 2,000 square feet in area.

Exception: An automatic sprinkler system is not required in any Group E Day Care Facility less than 5,000 square feet

2. The Group E fire area is located on a floor other than a level of exit discharge serving such occupancies.
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8 Exception: In buildings where every classroom has not fewer than one exterior exit door at ground level, an automatic sprinkler system is not required in any area below the lowest level of exit discharge serving that area.

3. The Group E fire area has an occupant load of 300 or more.

4. In rooms or areas with special hazards such as laboratories, vocational shops, and. other such areas where hazardous materials in quantities not exceeding the maximum allowable quantity are used or stored.

5. Throughout any Group E structure greater than 4,000 square feet in area, which contains more than one fire area, and which is separated into two or more buildings by fire walls of less than 4-hour fire resistance rating without openings.

6. For public school state-funded construction projects, see Section 903.2.19.

7. For public school campuses, Kindergarten through 12th grade, see Section 903.2.20.” (aa) Section 903.2.4 in Chapter 9 (Fire Protection Systems) is amended, to read:
“903.2.4. Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:

1. A Group F-1 fire area exceeds 5,000 square feet.

2. A Group F-1 fire area is located more than three stories above grade plane.

3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.

4. A Group F-1 occupancy used for the manufacture of upholstered furniture or mattresses exceeding 2,500 square feet (232 m2).”

(ab) Section 903.2.4.4 is added to Chapter 9 (Fire Protection Systems), to read:

“903.2.4.4 Group F-2. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-2 occupancy greater than 5,000 square feet.”

(ac) Section 903.2.7 in Chapter 9 (Fire Protection Systems) is amended, to read “903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:

1. A Group M fire area exceeds 5,000 square feet.

2. A Group M fire area is located more than three stories above grade plane.

3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.

4. A Group M occupancy (is) used for the display and sale of upholstered furniture or mattresses exceeds 5,000 square feet.

5. The structure exceeds 5,000 square feet, contains more than one fire area containing a Group M occupancy, and is separated into two or more buildings by fire walls of less than 4 -hour fire resistance rating without openings.”

(ad) Section 903.2.8.1.1 is added to Chapter 9 (Fire Protection Systems), to read:

“903.2.8.1.1 Group R-3 Substantial Addition or Alteration. An automatic sprinkler system shall be provided throughout all existing Group R-3 dwellings where either a substantial addition 157
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9 or alteration occurs.”

(ae) Section 903.2.9 in Chapter 9 (Fire Protection Systems) is amended, to read:

“903.2.9. Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:

1. A Group S-1 fire area exceeds 5,000 square feet.

2. A Group S-1 fire area is located more than three stories above grade plane.

3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.

4. A Group S-1 occupancy used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet.”

(af) Section 903.2.9.1 in Chapter 9 (Fire Protection Systems) is amended, to read:

“903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406.8 of the California Building Code, as shown:

1. Buildings having two or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding 5,000 square feet.

2. Buildings not more than one story above grade plane, with a fire area containing a repair garage exceeding 5,000 square feet.

3. Buildings with repair garages servicing vehicles parked in basements.

4. A Group S-1 fire area used for the repair of commercial motor vehicles where the fire area exceeds 5,000 square feet.”
(ag) Section 903.2.10.1 in Chapter 9 (Fire Protection Systems) is amended, to read:

903.2.10.1. Group S-2 parking garages. An automatic sprinkler system shall be provided throughout buildings classified as parking garages where any of the following conditions exists:

1. Where the fire area of the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, exceeds 5,000 square feet.

2. Where the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, is located beneath other groups.

Exception: Enclosed parking garages located beneath Group R-3 occupancies.

3. Where the fire area of the open parking garage, in accordance with Section 406.5 of the California Building Code, exceeds 48,000 square feet.

(ah) Section 903.2.10.3 is added to Chapter 9 (Fire Protection Systems), to read:

“903.2.10.3 Group S-2 low hazard storage. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-2 occupancy exceeding 5,000 square feet.

Exception: Open parking garages, including canopies and photovoltaic panel systems with open parking underneath, shall meet automatic sprinkler system requirements in accordance with the 2025 California Building Code and 2025 California Fire Code without local amendment.” 158
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10 (ai) Section 903.3.1.1.4 is added to Chapter 9 (Fire Protection Systems), to read:

“903.3.1.1.4 Undeclared Use. In buildings of undeclared use with floor to structure height greater than 14 feet, the fire sprinkler system shall be designed to conform to Extra Hazard Group I design density. In buildings of undeclared use with floor to structure height less than .14 feet, the fire sprinkler system shall be designed to conform to Ordinary Group II design density. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the owner 'and/or the occupant to upgrade the system.”

(aj) Section 903.3.5.3 is added to Chapter 9 (Fire Protection Systems), to read:

“903.3.5.3 Non-permissible water supply for automatic sprinkler systems. Water supply for automatic sprinkler systems shall not be supplied by swimming pools or ponds.”

(ak) Section 903.3.9 in Chapter 9 (Fire Protection Systems) is amended, to read:

“903.3.9. Floor control valves. Individual floor control valves and water flow detection assemblies shall be provided for each floor in multi-floor buildings at an approved location. Exception: Group R-3 and R-3.1 Occupancies.”
(al) Section 903.6.1 and 903.6.2 are added to Chapter 9 (Fire Protection Systems), to read:
“903.6.1 Substantial Addition. An automatic sprinkler system shall be provided throughout all existing R-3 Occupancy buildings where a substantial addition occurs and the total new gross floor area of the structure exceeds 5,000 square feet. Group R-3 substantial additions or alterations shall comply with Section 903.2.8.1.1.

903.6.2 Change of occupancy classification. Any existing building that undergoes a change of occupancy classification into a higher hazard category shall comply with the requirements of Section 903.2. Relative hazard categories of occupancy groups shall be established based upon the Heights and Areas Hazard Categories of Table 1011.5 of the current edition of the International Existing Building Code, as published by the International Code Council. The requirements of Section 903.2 shall not be required when a change of occupancy classification is made to an equal or lesser hazard category. Group L occupancies shall be considered a relative hazard of 1 (highest hazard).”
(am) Section 3303.1.2 is added to Chapter 33 (Fire Safety During Construction and Demolition), to read:
“3303.1.2 Amendments. Amendments may be required to an approved site safety plan if deemed necessary by both the building official and fire official, based on previous fires or hazards that occurred on site or occurring within the jurisdiction.” (an) Section 3303.1.3 is added to Chapter 33 (Fire Safety During Construction and Demolition), to read:

“3303.1.3 Site Security requirements. Site security requirements shall include the following if deemed necessary by both the building official and fire official:

1. Controlled access points

2. Site fencing, up to 12 feet in height with tamper sensors and security wires on top

3. Security guards, full-time 24/7 presence on-site, to perform fire watch and patrols 159
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11 4. Detection check points located throughout the buildings for fire watch and patrol verification

5. Security camera coverage throughout the site with motion detection notification.

6. Identify measures taken to prevent tampering with security cameras and motion sensors

7. Necessary lighting throughout the project site.”
(ao) Section 4104.2 in Chapter 41 (Temporary Heating and Cooking Operations) is amended, to read:
“4104.2 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction.

Exceptions:

1. Residential occupancies

2. Where buildings, balconies and decks are protected by an automatic sprinkler system.

3. LP-gas cooking devices having LP-gas container with a water capacity not greater than 2 1/2 pounds.”
(ap) Section 5001.5.1 in Chapter 50 (Hazardous Materials – General Provisions) is amended to add item numbers 10 and 11, to read:

“10. A Site Fire/Explosion/Hazardous Material Release Analysis Assessment.

11. A Fire Protection Engineer (FPE) stamped risk assessment is required for each possible hazard risk associated with fire, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility. Refer to NFPA 550 & 551 for references.”
(aq) Section 5001.5.3 is added to Chapter 50 (Hazardous Materials – General Provisions), to read:
“5001.5.3 Emergency response support information. Floor plans, material safety data sheets, Hazardous Materials Management Plans (HMMP), Hazardous Material Inventory Statements (HMIS), and other information must be stored at a readily accessible location; as determined by the fire code official. This location may be in cabinets located outside of facilities or buildings.

Information may be required to be maintained in a specific electronic media format to facilitate computer aided dispatching.”
(ar) Section 5003.9.1.2 is added to Chapter 50 (Hazardous Materials – General Provisions), to read:

“5003.9.1.2 Documentation. Evidence of compliance with provisions of this chapter as well as with state and federal hazardous material regulations shall be maintained on site and available for inspection by fire department personnel.”

(as) Section 5601.1.3 in Chapter 56 (Explosives and Fireworks) is amended, to read:

“5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited. Exceptions:

1. Storage and handling of fireworks as allowed in Section 5604

2. Manufacture, assembly and testing of firework as allowed in Section 5605 and Health and Safety Code Division 11.

3. The use of fireworks for fireworks displays pyrotechnics before a proximate audience and 160
Ordinance No. 2025-14
12 pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks, reprinted in Section 5608 and Health and Safety Code Division 11.”
(at) Sections 5601.1.3.1 through 5601.1.3.3 are added to Chapter 56 (Explosives and Fireworks), to read:
“5601.1.3.1 Definitions. "Responsible party'' means any of the following:
(a) A person that owns, rents, leases, or otherwise has possession of, or is in immediate control of, a residence or other private property or a vessel.

(b) A person that organizes, supervises, sponsors, conducts, allows, controls, or controls access to, the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at a residence or other private property or on a vessel.

Exception: If a residence or other private property is rented or leased for a period of more than 30 consecutive days, the landlord or lessor is not a responsible party unless the landlord or lessor: has possession of, or is in immediate control of, the residence or other private property; or has knowledge of the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at the residence or other private property.
5601.1.3.2 Responsible party liability. A responsible party shall maintain, manage, and supervise the residence or other private property, or vessel, for which they are responsible to prevent violations of this chapter. A responsible party violates this chapter if any person possesses, manufactures, sells, offers to sell, uses, or discharges, any fireworks at the residence or other private property, or on the vessel, for which the responsible party is responsible, regardless of whether the responsible party is present when the violation occurs.
5601.1.3.3 Infraction arrest and citation. Any Fire Official and any City, County, or State Peace Officer, shall have and are hereby vested with the authority to arrest any person who violates the following provisions of the Code and other codes an indicated, punishable as an infraction or an administrative citation.”

(au) Section 5601.2.2 in Chapter 56 (Explosives and Fireworks) is amended, to read:

“5601.2.2 Sale and retail display. Persons shall not construct a retail display nor offer for sale explosives, explosive materials or fireworks on highways, sidewalks, public property or in Group A or E occupancies within the jurisdiction.”
(av) Section 5601.2.4 in Chapter 56 (Explosives and Fireworks) is amended, to read:

“5601.2.4 Financial responsibility. Before a permit is issued pursuant to Section 5601.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $2,000,000 or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities shall be exempt from this bond requirement.
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Ordinance No. 2025-14
13 Exception: Fireworks in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6. See Section 5608.”
(aw) Section 5703.3 in Chapter 57 (Flammable and Combustible Liquids) is amended, to read:
“5703.3 Facility site Fire/Explosion/Hazardous Material Release Analysis Assessment. A Fire Protection Engineer (FPE) stamped risk assessment is required for each possible hazard risk associated with fire, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility when required by the fire official. Refer to NFPA 550 & 551 for references.”
(ax) Section 5704.2.9.6.1 in Chapter 57 (Flammable and Combustible Liquids) is amended, to read:
“Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in all zoning districts except districts zoned for commercial, industrial, or agricultural uses.

Exception: Above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or rural residential, and for facilities on an individual basis consistent with the intent of this provision.” (ay) Section 5706.2.4.4 in Chapter 57 (Flammable and Combustible Liquids) is amended, to read:
“Section 5706.2.4.4 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in all zoning districts except districts zoned for commercial, industrial, or agricultural uses.

Exception: Above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or rural residential, and for facilities on an individual basis consistent with the intent of this provision.” (az) Section 5806.2 in Chapter 58 (Flammable Gasses and Flammable Cryogenic Fluids) is amended, to read:
“5806.2 Limitation. The storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited in any area which is zoned for other than industrial use.

Exception: Liquid hydrogen fuel systems in compliance with Section 5806.3 or 5806.4.” //

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Ordinance No. 2025-14
14 (ba) Table B105.2 in Appendix B (Fire-Flow Requirements for Buildings) is amended, to read:

“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

SPRINKLER

SYSTEM (DESIGN

STANDARD)

MINIMUM FIRE-FLOW
(GALLONS PER MINUTE)

FLOW DURATION (HOURS)
No automatic
sprinkler system
Value in Table B105.1(2) Duration in TableB105.1(2)
Section 903.3.1.1 of the
California Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table Bl05.1(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)a
Duration in Table B105.1(2) at the
reduced flow rate
For SJ: 1 gallon per minute= 3.785 Lim
a. The reduced fire-flow shall be not less than 1,500 gallons per minute.”

(bb) Table C102.1 in Appendix C (Fire Hydrant Locations and Distributions) is amended, as follows:

(i) The title is amended to read: “TABLE Cl02.l REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS (footnote hand J)”
(ii) The heading of the fourth column of Table C102.1 is amended to read: “MAXIMUM

DISTANCE FROM ANY POINT ON STREET OR ROAD FRONTAGE TO A HYDRANT (d, f, g, i)”
(iii) Footnotes “i” and “j” are added to Table C102.1, to read:

“i. A fire hydrant shall be provided within 250 feet of a fire trail access point off a public or private street.

j. For infill projects within existing single-family residential developments, Section 507.5.1 applies.”

(bc) Section D102.1 in Appendix D (Fire Apparatus Access Roads) is amended, to read:
“D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing up to 75,000 pounds (34 050 kg).

Exception: Driveways serving one or two single -family dwellings may be constructed of an alternate surface material, providing the imposed weight load design minimums are met and the grade does not exceed 10 percent.”
(bd) Section D103.2 in Appendix D (Fire Apparatus Access Roads) is amended, to read:
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Ordinance No. 2025-14
15 .
“D103.2 Grade. Fire department access roadways having a grade of between 16 percent and 20 percent shall be designed to have a finished surface of grooved concrete sufficient to hold a 44,000 pound (19 958 kg) traction load. The grooves in the concrete surface shall be½ inch (13 mm) wide by½ inch (13 mm) deep and 1 ½ inch (38 mm) on center and set at a 30 to 45-degree angle across the width of the roadway surface. No grade shall exceed 20 percent, nor shall the cross slope exceed 8%, unless authorized in writing by the fire code official.” (be) New Section D103.2.1 is added to Appendix D (Fire Apparatus Access Roads), to read:

“D103.2.1 Angles of approach and departure. The angles of approach and departure for any means of access shall not exceed 10 percent at 10 feet of the grade break.”

(bf) Section D103.3 in Appendix D (Fire Apparatus Access Roads) is amended, to read:
“D103.3 Turning radius. Based on a minimum unobstructed width of 20 feet, a fire apparatus access roadway shall be capable of providing a minimum standard turning radius of25 feet (7620 mm) inside and 45 feet (13 716 mm) outside.”
(bg) Figure D103.1 in Appendix D (Fire Apparatus Access Roads) is deleted and replaced with following new Figure D103.1:

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Ordinance No. 2025-14
16 (bh) Table D103.4 in Appendix D (Fire Apparatus Access Roads) is amended, to read:

“Table D103.4 REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS

LENGTH
(feet)

MINIMUM WIDTH
(feet )

TURNAROUNDS REQUIRED
0-150 20a None required
151 -
750 20a 100-foot Hammerhead, SO-foot "Y", 75-foot Shunt or 90-foot- diameter cul-de-sac in accordance with
figure D103.1

Over 750
Special Approval
Required

Special approval required
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Ordinance No. 2025-14
16 a. A driveway with a minimum width of 16 feet is acceptable for access to no more than two single-family dwellings.

b. Any fire apparatus access roadway or driveway that is approved to be less than 20 feet wide and to exceed 750 feet in length shall have outsets or turnouts every 300 feet along the length of the road or driveway, or at locations approved by the fire code official. Each outset or turnout shall be of the following dimensions: an 8-foot-wide turnout that extends at least 40 feet in length.”
(bi) Criterion 1 in Section D103.5 in Appendix D (Fire Apparatus Access Roads) is amended, to read:
“1. The minimum clear width shall be 20 feet (6096mm).

Exception: For access to one or two single-family dwellings, 16 feet clear width is acceptable.” (bj) Criterion 9 is added to Section D103.5 of Appendix D (Fire Apparatus Access Roads), to read:
“9. All gates shall be installed and located a minimum of 30 feet off the street.” (bk) Criterion 10 is added to Section D103.5 of Appendix D (Fire Apparatus Access Roads), to read:

“10. At the discretion of the Fire District, a Click2Enter system shall be installed for emergency access.”
(bl) Section D 103.6 in Appendix D (Fire Apparatus Access Roads), is amended to read:
“D103.6 Signs. Where required by the fire code official, fire apparatus access roads shall be marked with permanent “NO PARKING—FIRE LANE” signs.

1. Roadways 20 feet wide. Fire lane signs shall be posted on both sides of the road.

2. Roadways 21 to 28 feet wide. Fire lane signs shall be posted on one side of the road, as determined by the fire code official.

3. Emergency evacuation routes. As adopted by the local governing body as part of the local emergency evacuation plan, Fire lane signs shall be posted as designated by the fire code official, regardless of roadway width.

4. Enforcement. Fire lane restrictions established under this section shall be enforceable by both the fire code official and local law enforcement. Local law enforcement agencies are authorized to issue citations, order the removal of vehicles, and take other enforcement actions necessary to maintain fire apparatus access roads clear of obstructions. Vehicles parked in violation of this section may be cited and towed at the owner’s expense.” (bm) Section D106.1 in Appendix D (Fire Apparatus Access Roads) is amended, to read:

“D106.1 Projects having more than 100 dwelling units. Multiple-family residential projects having more than 100 dwelling units shall be provided with two separate and approved fire apparatus access roads and shall meet the requirements of Section D104.3.”

(bn) Section D106.2 in Appendix D (Fire Apparatus Access Roads) is deleted in its entirety. (Ord. 2025-14 § 2; Ord. 2022-34 §§ 2-3; Ord. 2016-23 § 2.) 166
Ordinance No. 2025-14
17 722-2.006. References to Prior Code. Unless superseded and expressly repealed, references in city forms, documents, and regulations to the chapters and sections of the Fire Code of Contra Costa County, the Crockett- Carquinez Fire Protection District, and the Contra Costa County Fire Protection District, 2022, shall be construed to apply to the corresponding provisions contained within the Fire Code of Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District, 2025.

Ordinance 2022-34 and all other ordinances or parts of ordinances in conflict herewith are hereby superseded and expressly repealed.
(Ord. 2025-14 § 2; Ord. 2022-34 § 4; Ord. 2016-23 § 2.) 722-2.008. Validity. The Contra Costa County Board of Supervisors declares that if any section, paragraph, sentence, or word of this chapter, or of the 2025 California Fire Code as adopted and amended herein, is declared for any reason to be invalid, it is the intent of the Contra Costa County Board of Supervisors that it would have passed all other portions or provisions of this ordinance independent of the elimination herefrom of any portion or provision as may be declared invalid. (Ord. 2025-14 § 2; Ord. 2022-34 § 5; Ord. 2016-23 § 5.) 722-2.010. More Restrictive Requirements. If requirements more restrictive than those in this chapter are adopted by the city of Antioch, Bay Point, Bethel Island, Brentwood, Byron, Clayton, Concord, Discovery Bay, Hercules, Knightsen, Lafayette, Martinez, Oakley, Pittsburg, Pleasant Hill, San Pablo, or Walnut Creek, or the County of Contra Costa, the more-restrictive requirements will apply only within the jurisdiction adopting those more-restrictive requirements.
(Ord. 2025-14 § 2; Ord. 2022-34 § 6; Ord. 2016-23 § 6.)”

SECTION 3. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage. This ordinance becomes operative January 1, 2026, or 30 days after passage, whichever is later. Within 15 days of passage, this ordinance shall be published once in the East Bay Times, a newspaper published in this County. This ordinance shall be published in a manner satisfying the requirements of Government Code Section 25124, with the names of supervisors voting for and against it.

PASSED on , by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: MONICA NINO,

Clerk of the Board of Supervisors Board Chair
and County Administrator

By: [SEAL]
Deputy
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CONTRA COSTA COUNTY , CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT,

AND CROCKETT-CARQUINEZ FIRE PROTECTION DISTRICT
FINDINGS IN SUPPORT OF AMENDMENTS TO THE 2025 CALIFORNIA BUILDING STANDARDS CODE, TITLE 24, PART 9, CALIFORNIA FIRE CODE

The California Building Standards Commission has adopted and published the 2025 California Fire Code. The purpose of the code is to regulate and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises.

Health and Safety Code section 13869.7, 17958.5, and 18941.5 authorize a local jurisdiction to modify or change the statewide codes and establish more restrictive building standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological, or topographical conditions.

Ordinance No. 2025-14 adopts the 2025 California Fire Code and amends it to address local conditions. Pursuant to Sections 13869.7, 17958.5, and 17958.7 of the Health and Safety Code, the Contra Costa County Board of Supervisors, in its capacity as the Board of Supervisors and the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, finds that the more restrictive standards contained in Ordinance No. 2025-14 are reasonably necessary because of certain local climatic, geological, and topographic conditions that are described below.

Local Conditions
A. Climatic

1. Precipitation and Relative Humidity

(a) Conditions
Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. 96% of precipitation falls during the months of October through April and four percent from May through September. This is a dry period of at least five months each year.

Additionally, the area is subject to occasional drought. Relative humidity remains in the middle range most of the time. It ranges from 45-65% during spring, summer, fall, and from 60-90% in the winter. It occasionally falls as low as 15%.
(b) Impact
Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush, and weeds, which are often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely.

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Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings by means of radiation or flying brands, sparks, and embers. A small fire can rapidly grow to a magnitude beyond the control capabilities of the Fire District resulting in an excessive fire loss.

2. Temperature

(a) Conditions
Temperatures have been recorded as high as 114° F. Average summer highs are in the 90° range, with average maximums of 105° F. (b) Impact
High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building and wildland fires.

Another impact from high temperatures is that combustible building material and non-irrigated weeds, grass, and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials. This requires that more water be applied, which in turn requires more Fire District resources in order to control a fire on a hot day. High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the Fire District.

3. Winds

(a) Conditions
Prevailing winds in the area are from the south or southwest in the mornings and from the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 14 mph to 23 mph ranges, gusting to 25 to 35 mph. 40 mph winds are experienced occasionally and winds up to 55 mph have been registered locally. During the winter half of the year, strong, dry, gusty winds from the north move through the area for several days creating extremely dry conditions.
(b) Impact
Winds such as those experienced locally can and do cause fires, both interior and exterior, to burn and spread rapidly. Fires involving non-irrigated weeds, grass, and brush can grow to a magnitude and be fanned to intensity beyond the control capabilities of the Fire District very quickly even by relatively moderate winds. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing

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conflagrations. When such fires are not controlled, they can extend to nearby buildings, particularly those with untreated wood shakes or shingles. In building fires, winds can literally force fires back into the building and can create a blow torch effect, in addition to preventing “natural” ventilation and cross-ventilation efforts.

Winds of the type experienced locally also reduce the effectiveness of exterior water streams used by the Fire District on fires involving large interior areas of buildings, fires which have vented through windows and roofs due to inadequate built-in fire protection and fires involving wood shake and shingle building exteriors. Local winds will continue to be a definite factor towards causing major fire losses to buildings not provided with fire resistive roof and siding materials and buildings with inadequately separated interior areas or lacking automatic fire protection systems. National statistics frequently cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred.

B. Geological and Topographic

1. Seismicity

(a) Conditions
Contra Costa County is located in Seismic Risk Zone 4, which is the worst earthquake area in the United States. Buildings and other structures in Zone 4 can experience major seismic damage. Contra Costa County is in close proximity to the San Andreas Fault and contains all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults. A 4.1 earthquake with its epicenter in Concord occurred in 1958, and a 5.4 earthquake with its epicenter also in Concord occurred in 1955.

The Concord and Antioch faults have a potential for a Richter 6 earthquake and the Hayward and Calaveras faults have the potential for a Richter 7 earthquake. Minor tremblers from seismic activity are not uncommon in the area.

The fire environment of a community is primarily a combination of two factors: the area’s physical geologic characteristics and a historic pattern of urban-suburban development. These two factors, alone and combined, create a mixture of environments which ultimately determines the area’s fire protection needs. The Fire District has 3 distinct areas. They are: the West, which includes the Cities of San Pablo, Pinole, and Hercules and the communities of North Richmond, El Sobrante, and East Richmond Heights: the Central, which includes the Cities of Lafayette, Martinez, Pleasant Hill, Concord, Walnut Creek, Clayton, and the communities of Clyde, Pacheco, Alhambra Valley, and Alamo; and the East, which includes the Cities of Antioch, Pittsburg, Brentwood and Oakley and the unincorporated communities of Bay Point, Bethel Island, Discovery Bay, Knightsen, Byron and Marsh Creek and Morgan Territory.

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Because of the size of the Contra Costa County Fire Protection District (733 square miles), the characteristics of the fire environment changes from one location to the next. Therefore the District has not one, but a number of fire environments, each of which has its individual fire protection needs from two major oil refineries, to heavy industrial facilities, freeways, rail lines, waterways, port facilities, wildland areas, urban and suburban town settings, and major downtown areas.

Interstates 80 and 680, State Highways 4, 24, and 242, Bay Area Rapid Transit District (BART), and major thoroughfares travel throughout the District. There are 2 major rail lines which run through the District. An overpass or underpass crossing collapse would alter the response route and time for responding emergency equipment. This is due to the limited crossings of the major highways and rail lines.

Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission facilities, which, in turn, cause power failures while at the same time starting fires throughout the Fire District.

The occurrence of multiple fires will quickly deplete existing fire district resources; thereby reducing and/or delaying their response to any given fire. Additionally, without electrical power, elevators, smoke management systems, lighting systems, alarm systems, and other electrical equipment urgently needed for building evacuation and fire control in large buildings without emergency generator systems would be inoperative, thereby resulting in loss of life and/or major fire losses in such buildings. (b) Impact
A major earthquake could severely restrict the response of the Fire District and its capability to control fires involving buildings of wood frame construction, with ordinary wood shake and shingle exteriors, or with large interior areas not provided with automatic smoke and fire control systems.

2. Soils

(a) Conditions
The area is replete with various soils, which are unstable, clay loam and alluvial fans being predominant. These soil conditions are moderately to severely prone to swelling and shrinking, are plastic, and tend to liquefy.

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maintenance program. During inclement weather, these roads are subject to rock and mudslides, as well as down trees, obstructing all vehicle traffic. It is anticipated that during an earthquake, several of these roads would be practically impassable.

3. Topographic

(a) Conditions

(i) Vegetation
The service area of the Contra Costa County Fire Protection District has a varied topography and vegetative cover. A conglomeration of flat lands, hills, and ridges make up the terrain.

Development has occurred on the flat lands in the District and in the past 15 years development has spread into the hills, valleys, and ridge lands of the District.

Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built-up locations six to eight months of each year. Many of these areas frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs, or sidings. This condition can be found throughout the Fire District, especially in those fully developed areas and those areas marked for future development. (ii) Surface Features
The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets, and roads, combine to limit efficient response routes for Fire District resources into and through many areas.
(iii) Buildings, Landscaping and Terrain
Many of the “newer” large buildings and building complexes have access and landscaping features or designs which preclude, or greatly limit, efficient approach or operational access to them by Fire District vehicles. In addition, the presence of security gates, roads of inadequate width and grades which are too steep for Fire District vehicles create an adverse impact on fire suppression efforts.

When Fire District vehicles cannot gain access to buildings involved with fire, the potential for complete loss is realized.

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(b) Impact
The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the Contra Costa County Fire Protection District. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur. Public Safety resources would have to be prioritized to mitigate the greatest threat, and may likely be unavailable for smaller single dwelling or structure fires.

Other variables may intensify the situation:

1. The extent of damage to the water system.

2. The extent of isolation due to bridge and/or freeway overpass collapse.

3. The extent of roadway damage and/or amount of debris blocking the roadways.

4. Climatic conditions (hot, dry weather with high winds).

5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours.

6. The availability of timely mutual aid or military assistance.

7. The large portion of dwellings with wood shake or shingles coverings could result in conflagrations.

Necessity for More Restrictive Standards
Because of the conditions described above, the Contra Costa County Board of Supervisors, in its capacity as the Board of Supervisors and the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, finds that there are building and fire hazards unique to Contra Costa County that requires the increased fire protection requirements set forth in Ordinance No. 2025-14.

The ordinance amends Chapter 1 (Scope and Administration) of the statewide Fire Code by requiring a permit for certain activities and operations that pose fire hazards. The ordinance amends the statewide Fire Code by incorporating into Chapter 3 (General Precautions Against Fire) the fire districts’ exterior fire hazard control. The ordinance amends Chapter 4 of the statewide Fire Code (Emergency Planning and Preparedness) to require standby EMS personnel for large events as well as standby fire personnel to account for the fact that the fire district is both the local fire and EMS provider. The ordinance amends Chapter 5 (Fire Service Features) and Appendix D (Fire Apparatus Access Roads) of the statewide Fire Code to establish requirements for fire apparatus access roads to include protection of designated emergency evacuation routes as adopted by the local governing body as part of their emergency evacuation plan. The ordinance amends the statewide Fire Code by reducing the square footage thresholds found in Chapter 9 (Fire Protection Systems) for installation of automatic fire sprinkler systems in most commercial buildings and in private and charter schools. The ordinance amends Chapter 50 (Hazardous Materials - General Provisions) of the statewide Fire Code to enhance fire service

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response and information available to occupancies in the District. The ordinance amends Chapter 56 (Explosives and Fireworks) of the statewide Fire Code to prohibit all fireworks in the District without a permit and an increase to the financial liability for permitted events. The ordinance amends Chapter 57 (Flammable and Combustible Liquids) of the statewide Fire Code to amend where above ground storage tanks may be located. The ordinance amends Chapter 58 (Flammable Gasses and Flammable Cryogenic Fluids) of the statewide Fire Code to amend where storage may be located. The ordinance amends Appendixes B and C (Fire-Flow Requirements for Buildings, Fire Hydrant Locations and Distribution) of the statewide Fire Code to amend the reduction of fire flow needed and the location of where hydrants are required.

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CONTRA COSTA COUNTY , CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT,

AND CROCKETT-CARQUINEZ FIRE PROTECTION DISTRICT
FINDINGS IN SUPPORT OF AMENDMENTS TO THE 2025 CALIFORNIA BUILDING STANDARDS CODE, TITLE 24, PART 7, CALIFORNIA WILDLAND-URBAN INTERFACE CODE

The California Building Standards Commission has adopted and published the 2025 California Wildland-Urban Interface Code. The purpose of this code is to establish minimum requirements to reduce the likelihood of life and property loss due to a wildfire through the use of performance and prescriptive requirements for construction and development in all Fire Hazard Severity Zones in State Responsibility Areas (SRA), and Local Responsibility Areas (LRA) designated as a Very High and High Fire Hazard Severity Zone, increase the ability of buildings located in any Fire Hazard Severity Zone within State Responsibility Areas (SRA), Local Responsibility Area (LRA), or Wildland-Urban Interface (WUI) Areas to resist the intrusion of flames or burning embers projected by a vegetation fire, and contribute to a systematic reduction in conflagration losses and reduce the likelihood of life and property loss due to a wildfire.

Ordinance No. 2025-15 adopts the 2025 California Wildland-Urban Interface Code and amends it to address local conditions. Pursuant to Sections 13869.7, 17958.5, and 17958.7 of the Health and Safety Code, the Contra Costa County Board of Supervisors, in its capacity as the Board of Supervisors and the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, finds that the more restrictive standards contained in Ordinance No. 2025-15 are reasonably necessary because of certain local climatic, geological, and topographic conditions that are described below.

Local Conditions
A. Climatic

1. Precipitation and Relative Humidity

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(b) Impact
Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush, and weeds, which are often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely.

2. Temperature

3. Winds

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Winds such as those experienced locally can and do cause fires, both interior and exterior, to burn and spread rapidly. Fires involving non-irrigated weeds, grass, and brush can grow to a magnitude and be fanned to intensity beyond the control capabilities of the Fire District very quickly even by relatively moderate winds. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. When such fires are not controlled, they can extend to nearby buildings, particularly those with untreated wood shakes or shingles. In building fires, winds can literally force fires back into the building and can create a blow torch effect, in addition to preventing “natural” ventilation and cross-ventilation efforts.

B. Geological and Topographic

1. Seismicity

182
communities of North Richmond, El Sobrante, and East Richmond Heights: the Central, which includes the Cities of Lafayette, Martinez, Pleasant Hill, Concord, Walnut Creek, Clayton, and the communities of Clyde, Pacheco, Alhambra Valley, and Alamo; and the East, which includes the Cities of Antioch, Pittsburg, Brentwood and Oakley and the unincorporated communities of Bay Point, Bethel Island, Discovery Bay, Knightsen, Byron and Marsh Creek and Morgan Territory.

2. Soils
(a) Conditions
183
The area is replete with various soils, which are unstable, clay loam and alluvial fans being predominant. These soil conditions are moderately to severely prone to swelling and shrinking, are plastic, and tend to liquefy.

Throughout the Fire District, the topography and development growth has created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percent of slope, many exceeding twenty (20) percent. Several of these roads extend up through the winding passageways in the hills providing access to remote, affluent housing subdivisions. Many of these roads are private with no established maintenance program. During inclement weather, these roads are subject to rock and mudslides, as well as down trees, obstructing all vehicle traffic. It is anticipated that during an earthquake, several of these roads would be practically impassable.

3. Topographic
(a) Conditions
(i) Vegetation
The service area of the Contra Costa County Fire Protection District has a varied topography and vegetative cover. A conglomeration of flat lands, hills, and ridges make up the terrain.

Development has occurred on the flat lands in the District and in the past 15 years development has spread into the hills, valleys, and ridge lands of the District.

Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built-up locations six to eight months of each year. Many of these areas frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs, or sidings. This condition can be found throughout the Fire District, especially in those fully developed areas and those areas marked for future development. (ii) Surface Features
The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets, and roads, combine to limit efficient response routes for Fire District resources into and through many areas.
(iii) Buildings, Landscaping and Terrain
Many of the “newer” large buildings and building complexes have access and landscaping features or designs which preclude, or greatly limit, efficient approach or operational access to them by Fire District vehicles. In addition, the presence of security gates, roads of inadequate width and grades which are too steep for Fire 184
District vehicles create an adverse impact on fire suppression efforts.

When Fire District vehicles cannot gain access to buildings involved with fire, the potential for complete loss is realized.

Difficulty reaching a fire site often requires additional fire personnel and resources to successfully and safely mitigate the event. Access problems often result in severely delaying, misdirecting, or making fire and smoke control efforts
unsuccessful.
(b) Impact
The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the Contra Costa County Fire Protection District. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur. Public Safety resources would have to be prioritized to mitigate the greatest threat, and may likely be unavailable for smaller single dwelling or structure fires.

Other variables may intensify the situation:

1. The extent of damage to the water system.

2. The extents of isolation due to bridge and/or freeway overpass collapse.

3. The extent of roadway damage and/or amount of debris blocking the roadways.

4. Climatic conditions (hot, dry weather with high winds).

5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours.

6. The availability of timely mutual aid or military assistance.

7. The large portion of dwellings with wood shake or shingles coverings could result in conflagrations.

This ordinance incorporates by adoption of the 2024 International Wildland-Urban Interface Code of the International Code Council (ICC) with necessary California amendments including Chapters 1 – 7 and 185
Appendix A, Appendix B, Appendix C, Appendix F, Appendix G, and Appendix H as amended by the changes, additions, and deletions set forth in this ordinance. 186

DISCUSSION AND/OR ACTION ITEM

AGENDA ITEMS

2. 25-337
187

STAFF REPORT TO THE CITY COUNCIL
DATE:

TO:

VIA:

Regular Meeting of January 13, 2026
Mayor and Members of the City Council
Dante Hall, City Manager
Glenn Dombeck, Public Works Director SUBMITTED BY:

SUBJECT: Waive first reading and introduce an Ordinance Amending Hercules Municipal Code Title 5, Chapter 4.16 Sewer Service Charges to Establish a Residential Waiver Program and Appeals Process RECOMMENDED ACTION:

Waive first reading and introduce an Ordinance Amending Hercules unicipal Code Title 5, Chapter 4.16 Sewer Service Charges and Establishing a Residential Waiver Program and Appeals Process
BACKGROUND:

Hercules unicipal Code (HC) Title 5, Chapter 4.16 Sewer Service Charges establishes the basis for rates applied to residential, commercial, and industrial accounts. The language in subsections 4.16.a and 4.16.b is out of date and no longer applicable and is therefore recommended to be removed from the code.

The City has also managed a residential waiver program, where residents that can demonstrate that their water use is equal to or less than that of the average daily use of the Senior Living customer class are eligible for reclassification at the Senior Living Rate.

This waiver program has been in effect since the 2009 sewer rate increase, where Council directed the City anager, through Resolution 09-070, to “…prepare an appeal process in relation to the rate increase. ” The waiver program has since been managed in accordance with criteria established by the Director of Public Works. As of Fiscal Year 2024-25, there were 6 residential accounts (4 townhomes and 2 condominiums) that were granted adjustments in their rate under this program.
188
It is proposed to formalize the waiver program by establishing the criteria within HC Title 5, Chapter 4.16. It is also proposed to formalize the appeal process for disputes about sewer service charges, customer rate classification, or other matters.

ANALYSIS:

T
he Senior Living classification is applicable only to accounts residing within a property zoned as Senior Living. There are three such properties in the City Sycamore Hills by the Bay, Samara Terrace and The Arbors. Senior citizens are only eligible for the Senior Living rate if they reside within one of these Senior Living properties.

The waiver program makes additional account holders eligible for the Senior Living rate if they are able to demonstrate that their water usage is comparable to that of the Senior Living users. The average daily use of the Senior Living customer class identified in the ay 2025 Comprehensive Sewer tility Rate Study is 74 gallons per day. Twelve months of East Bay unicipal tility District bills are needed to document account holder water usage. The proposed waiver program rewards account holders who have very low water usage.

Waiver applicants must reapply annually to maintain waiver eligibility and must submit their application by ay 1st. This deadline is necessary to ensure that there is adequate time to review the waiver request and ensure that the revised rate is reflected on the tax roll that is updated every August.

FISCA
L IMPACT:

Pri
or to the 2025 rate increase, apartments were charged the “Senior Living” flat fee per dwelling unit regardless of water usage. nder the 2025 rate structure, apartments will pay the multi-family flat fee per dwelling unit regardless of water usage. Therefore, many accounts will see an increase in their historic rates and may seek relief under the waiver program.

Since the average water use for single-family (152 gpd/unit) and multi-family (116 gpd/unit) residences is significantly greater than that of the Senior Living accounts (74 gpd/unit), there are not likely to be many residences that will be able to demonstrate eligibility for the waiver program.

The fiscal impact of the waiver program is $239.03 annually for eligible single-family accounts and $127.86 annually for eligible multi-family accounts. Enrollment comparable to the Fiscal Year 2024-25 waiver program would represent an annual loss of $767.16.

The maximum possible fiscal impact is not anticipated to be significantly greater than this value.
189
ENVIRONMENTAL REVIEW:

Adoption of this Ordinance is not a “project” under the California Environmental Quality Act (CEA) pursuant to CEA Guidelines section 15378 in that it is an administrative activity that will not result in any direct or indirect impacts to the environment nor authorize any construction. Further, adoption of this Ordinance is exempt from CEA pursuant to CEA Guidelines section 15061(b)(3) because it can be seen with certainty that the administrative waiver of fees will not result in any impacts to the environment.

ATTACH M ENTS:

Attachment 1 - Ordinance
190
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES

AUTHORIZING REPEAL AND REPLACEMENT OF HERCU LES MUNICIPAL CODE TITLE 5, CHAPTER 4.16 – “SEWER SERVICE CHARGES” TO ESTABLISH A

RESIDENTIAL WAIVER PROGRAM AND APPEALS PROCESS
WHEREAS, the
City of Hercules (“City”) has managed an informal residential waiver program for sewer service charges where residents demonstrating that their water use is equal to or less than that of the average daily use of the Senior Living customer class are eligible for reclassification at the Senior Living Rate; and WHEREAS, on April 28, 2009 at its regularly scheduled City Council M eeting,
the
City Council adopted Resolution No. 09-070 directing the City Manager to prepare an appeal process in relation to the rate increase.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Adoption of this Ordinance is not a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 in that it is an administrative activity that will not result in any direct or indirect impacts to the environment nor authorize any construction. Further, adoption of this Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that the administrative waiver of fees will not result in any impacts to the environment.

SECTION 2. Title 5 (Sanitation and Health),, Chapter 4 (Sanitary Sewers), Section 16 (Sewer Services Charges) of the Hercules Municipal Code is hereby repealed and replaced in its entirety as set forth in Exhibit A.

SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be deleted.

SECTION 4. Publication and Effective Date. This Ordinance shall take effect thirty (30) days after passage, and shall, within fifteen (15) days after passage, be published or posted in accordance with Section 36933 of the Government Code of the State of California with the names of those City Council M
embers voting for and against it.
191
The foregoing Ordinance was introduced and first read at a regular meeting of the City Council of the City of Hercules held on the 13th day of January 2026 by the following vote of the Council:

AYES:

NOE
S:

ABSTAIN:

ABSENT:
____________________________
Chris Kelley, Mayor
ATTEST:
________________________________
Eibleis Melendez
, City Clerk
192

EXHIBIT A

HERCULES MUNICIPAL CODE
TITLE 5, CHAPTER 4, SECTION 16
Sec. 5-4.16 Sewer Service Charges.

Any person who uses the sanitary sewer system or each premises connected or required to be connected by this Chapter to the sanitary sewer system shall pay to the City of Hercules a fee for the use of said sanitary sewer system. (a) Sewer Service Charges. Any modification to the fees charged for the use of said sanitary sewer system that are payable pursuant to the provisions of this section shall be established by ordinance or resolution of the City Council duly adopted in the manner prescribed by California law. (Ord. 431 § 1, 2007; Ord. 96-337 § 1, 1996: Ord. 328 § 1, 1995: Ord. 304 § 1, 1991: Ord. 293 § 1, 1990: Ord. 272 § 1, 1988: Ord. 264 § 1, 1987: Ord. 235 § 1, 1986: Ord. 207 § 1, 1985: Ord. 188 § 1, 1984) (b) An additional sewer service charge may be imposed upon users discharging sewage stronger than domestic sewage into the sanitary sewer system; such additional charge shall be determined based on actual costs incurred by the City to handle treat, and dispose of such sewage.
(c) Appeal Process. Disputes about sewer service charges, customer rate classification, or other matters shall be subject to the review and approval of the Director of Public Works. Any person subject to the sewer service charges may file an application to the Director of Public Works disputing their charges, customer rate classification, or other matters. The application must be filed by May 1st of the City’s fiscal year the disputed charge was imposed and must be accompanied by information or evidence supporting the application. The Director of Public Works shall issue a decision on the application within forty-five (45) days of receipt. If the Director fails to issue a decision within 45 days, the application is denied. The Director’s decision shall be final. d) Residential Waiver Applicants. Residential accounts that can demonstrate average daily water use, as demonstrated by 12 months of East Bay Municipal Utility District bills, below the average daily use of the Senior Living customer class are eligible to apply for a waiver for reclassification at the Senior Living Rate in the next fiscal year for which the tax roll has not been set. Waiver applicants must reapply annually to maintain waiver eligibility and must submit their application by May 1st. The current average daily water use of the Senior Living customer class is 74 gallons, but this threshold may be updated by resolution of the City Council.
193

DISCUSSION AND/OR ACTION ITEM

AGENDA ITEMS

3. 25-338
194

STAFF REPORT TO THE CITY COUNCIL
DATE:

TO:

VIA:

Regular Meeting of January 13, 2026
Mayor and Members of the City Council
Dante Hall, City Manager
SUBMITTED BY: Glenn Dombeck, Public Works Director/City Engineer SUBJECT: Award of a Construction Contract to Frontline General Engineering Construction, Inc. for the Refugio and Foxboro Park Improvement Project
RECOMMENDED ACTION:

Adopt a resolution authorizing the City anager to execute a construction contract with Frontline General Engineering Construction, Inc. (Frontline) in the amount of $895,814.00 for the Refugio and Foxboro Park Improvement Project, including parking lot slurry seal alternate bid item, and authorizing an additional expenditure of up to $89,581.40 for a 10 percent contingency on said construction contract, for a total not to exceed contract amount of $985,395.40.

BACKGROUND/ANA LY SIS:

The Refugio and Foxboro Park Improvement Project consists of construction of a new picnic area, shade structures and accessible parking stall at Refugio Park and renovation of the basketball court and playground equipment and surfacing at Foxboro Park. The bundling of these projects into a single construction contract is intended to improve economies of scale for the work by eliminating a separate bidding process and contractor mobilization.

The work at Refugio Park includes installation of prefabricated shade structures provided by the City, paving and concrete work, new site furniture, accessible parking enhancements and new sod and landscape planting. An alternate bid item was included for provision of a Type II slurry seal on the parking lot and entrance road. 195
The work at the Foxboro Park basketball court includes new asphalt paving around the perimeter of the existing basketball court, seal coat and court striping of the entire basketball court and new basketball standards. The existing playground equipment and surfacing will be demolished and disposed , new drainage fill and resilient surfacing installed, and new playground structures provided by the City will be installed.

The Refugio and Foxboro Park Improvement Project was advertised for bids in the West County Times on November 17th and 24th, 2025 and in 5 regional plan rooms. A total of 6 bids were received at the bid opening deadline of 2 pm on Tuesday, December 16, 2025. Upon opening and reviewing the 6 bids received, Frontline submitted the low bid, including the alternate bid item, in the amount of $895,814.00, which was determined to be responsive.

Frontline, Inc. is based in Tracy, has been in business for 4 years, and has park, school, and pavement rehabilitation and resurfacing experience on public works projects, including in the Central Valley, North Bay, Peninsula, and East Bay. Their references and bid were thoroughly checked. Frontline was determined to be a responsible bidder. 1 Total Bid Proposal cost includes base bid plus alternate bid item #1 Construction is anticipated to take approximately three months following notice to proceed. Following the award of the construction contract, staff will meet with the contractor to confirm the schedule.

Construction management for this project will be handled by an outside consultant not yet selected that will be brought to Council for approval in early 2026. The consultant will handle contract administration, invoicing, inspections and management of the project through the closeout phase.

ENVIRONMENTAL REVIEW:

The Refugio and Foxboro Park Improvement Project is categorically exempt from the California Environmental uality Act (CEA) pursuant to CEA Guidelines Section Bidder's Name Total Bid Proposal1
1 Frontline General Engineering
Construction, Inc. $ 895,814.00
2 Stockbridge General Contracting, Inc. $ 916,774.50
3 KYA Services, LLC $ 920,998.61
4 Suarez & Munoz Construction, Inc. $ 1,049,084.00
5 Kerex Engineering, Inc. $ 1,163,287.20
6 CWS Construction Group, Inc. $ 1,220,984.30
196
15301, Existing Facilities, which exempts projects consisting of the operation, repair, maintenance, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.

The proposed improvements authorized by the contract will repair or maintain existing facilities at these parks.

FISCAL IMPACT:

The proposed budget for the Refug io and Foxbo ro Park Improvement Project is as follows:

Funding Sources:

General Fund/Capital Reserves $1,037,136.00
Community Development Tax $170,000.00
Total Revenue $1,207,136.00
Expenditures accounts:

Construction Contract $ 895,814.00
10% Contingency $ 89,581.40
Engineering Services During Construction (TBD; 20%) $179,162.80 Total Expenditures $1,164,558.20
This project was identified in the 2025 Capital Improvement Program along with other Facilities and Parks improvements. In anticipation of the associated cost, General Fund/Capital Reserves and Community Development Tax funds have been allocated to generate the required funding resources. As a result of this advanced financial planning, there is sufficient funding available to cover the cost of this contract, which is included in the adopted FY 25-26 Budget.
197
ATTACHMENTS:

1. Resolution

2. Refugio and Foxboro Park Improvement Project – Location Map Financial Impact
Description: Expenditure amount not to exceed $985,395.40 Funding Source:

General Fund Fund No. 100 $1,037,136
Community Development Tax Fund No. 242 $170,000
Budget Recap:

Total Estimated cost: $1,164,558.20 New Revenue: $
Amount Budgeted: $1,207,136.00 Lost Revenue: $
New funding required: $ New Personnel: $
Council Policy Change: Yes No
198

HERCULES CITY COUNCIL
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES AUTHORIZING THE CITY

MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH FRONTLINE GENERAL ENGINEERING CONSTRUCTION, INC. IN THE AMOUNT OF $895,814.00 FOR

THE REFUGIO AND FOXBORO PARK IMPROVEM ENT PROJECT AND AUTHORIZING

AN ADDITIONA
L EX PENDITURE OF UP TO $89,581.40 FOR A 10 PERCENT

CONTINGENCY ON SAID CONSTRUCTION CONTRACT, FOR A TOTAL NOT TO EXCEED CONTRACT AMOUNT OF $9 85,395.40
WHEREAS, the Refugio and Foxboro Park Improvement Project was advertised for bids in the West County Times on November 17th and 24th, 2025 and in 5 regional plan rooms and WHEREAS, a total of 6 bids were received at the bid opening deadline of 2 pm on Tuesday, December 16 and upon opening and reviewing the 6 bids received, Frontline General Engineering Construction, Inc. submitted the low bid, inclusive of the alternate bid item, in the amount of $895,814.00 and
WHEREAS, no protests were received within the required timeframe; and WHEREAS, Frontline General Engineering Construction, Inc. has been determined to be a responsible bidder and their bid has been determined to be responsive; and W
HEREAS, a contract for construction management will be brought to Council fo r approval in early 2026 and
WHEREAS, the re is sufficien t funding in the Adopted FY 2025-26 Budge t to fully fund the construction and the construction management.

WHEREAS, th e Refugio and Foxboro Park Improvement Project involves maintenance and repair work for existing park facilities and does not authorize new construction and is therefore exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guideline section 15301 (existing facilities).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows:

1. The foregoing recitals are true and correct and are incorporated herein as findings.

2. That the City Council hereby authorize s the City Manager to execute a construction contract with Frontline General Engineering Construction, Inc. in the amount of $895,814.00 for the Refugio and Foxboro Park Improvement Project and authorizing an additional expenditure of up to $89,581.40 for a 10% contingency on said construction contract, for a total not to exceed contract amount of $985,395.40.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 13 th day of January 2026 by the following vote of the Council:

AYES:
199
NOES:

ABSTAIN:

ABSENT:
____________________________
Chris Kelley, Mayor
ATTEST:

Eibleis Melendez, City Clerk
200

REFUGIO AND FOXBORO PARK IMPROVEMENT PROJECT

LOCATION MAPS

REFUGIO VALLEY PARK PROJECT LOCATION

FOXBORO PARK PROJECT LOCATION
201

DISCUSSION AND/OR ACTION ITEM

AGENDA ITEMS

4. 25-341
202
DATE:

TO:

VIA:

SUBMITTED BY:

SUBJECT:

STAFF REPORT TO THE CITY COUNCIL
Regular Meeting of January 13, 2026
Mayor and Members of the City Council
Dante Hall, City Manager
Eibleis Melendez, City Clerk
2026 Council Appointments on Regional Committees and
Council Subcommittees
RECOMMENDED ACTION:

Review and make Council Appointment s to Regional Committees and Council Subcommittees for 2026.

BACKGROUND:

In January of each year, the Mayor appoints members of the Council to both Regional Committees and Council Subcommittees for a one-year term.

Mayor Kelley requested that each Council Member send their requests to the City Clerk via email for consideration. The City Clerk forwarded any requests of Committee interests to Mayor Kelley.

For reference, the List of Regional Committees and Council Subcommittees appointments for 2025 is included with the Staff Report.

FISCAL IMPACT:

There is
no fiscal impact associated with this item.

ATTACHMENTS:

1. 2025 City Council Representation on Regional Committees and City Subcommittee List
203
City Council Regional Appointments
Updated: 3/13/2025

CITY COUNCIL REPRESENTATION ON REGIONAL COMMITTEES

AND CITY SUB-COMMITTEES
APPROVED – January 14, 2025

COMMITTEES

APPOINTED

COUNCIL
MEMBER

ALTERNATE

MEETING SCHEDULE

AND/OR LOCATION

REGIONAL COMMITTEES
ABAG
101 Eighth Street
Oakland, CA 94607
510-464-7900
www.abag.ca.gov
Walker-Griffin Grimsley Exec. Bd. Meets 3rd Thursday every other month 7:00 p.m. (Jan., Mar., May,
July, Sept. and Nov.) Attendance
Optional
Contra Costa Mayors Conference
http://www.ccmayors.org/
Mayor Vice Mayor First Thursday/mo. – 6:30 p.m.

Location Rotates
Hercules/Pinole - Wastewater
Management
Grimsley/Bhattarai Walker-Griffin 1st Thursday/mo. – 8:30 a.m.

Location alternates with City of Pinole
League of Cities-E. Bay Division Walker-Griffin Grimsley 4th Thurs./mo. – Bd. Mtg. - 6:30 p.m.

Location Rotates
Capital Corridor JPA Board (Liaison) Walker-Griffin Kelley 3rd Wed/Feb., June, Sept. Nov. – 10:00 a.m., alternates SJ, Sacramento and Suisan
Water Emergency Transportation
Authority (WETA) Liaison
Walker-Griffin Grimsley 1st Thursday/mo. – 1:00 p.m., alternates between SF and Alameda
West County Integrated Waste Mgmt.

JPA (WCCIWMA)
440 Civic Center - 27th Street
Richmond, CA 94804
www.recyclemore.com
Bhattarai Bailey 2nd Thursday/mo. - 7:00 p.m.

Form 806 required - $50 stipend
Form 700 required
WCCTAC
13831 San Pablo Avenue
San Pablo, CA 94806
510-215-3221
www.wcctac.org
Kelley Bailey Last Friday/mo. – 8:00 a.m.

El Cerrito City Hall
Form 700 Required
West Co. Mayors & Supervisors
Assoc.

Mayor Vice Mayor 4th Thursday/mo. – 8:30a.m.

The location rotates every 6 months
WestCat
601 Walter Avenue
Pinole, CA 94564
www.westcat.org
Bailey/Grimsley Kelley 2nd Thursday/mo. – 6:00 p.m.

Pinole Council Chambers, Pear St.

Form 700 required
MCE Clean Energy (Board Meetings)
Mt. Diablo Room – 2300 Clayton Road
Suite 1150 Concord, CA 94920
https://www.mcecleanenergy.org
Bailey Walker-Griffin 3rd Thursday/mo. – 6:30 p.m.

Office Locations -Concord and San Rafeal
Meetings can also be watched remotely
East Bay Wildfire Coalition of
Governments (EBWC)
http
s://eastbaywildfire.org/
Walker-Griffin Kelley Meeting materials and details for upcoming meetings will be listed as they become
available.
204
City Council Regional Appointments
Updated: 3/13/2025

CITY COMMITTEES

COMMITTEES

APPOINTED

COUNCIL
MEMBER

ALTERNATE

MEETING SCHEDULE

AND/OR LOCATION
Agenda Setting Mayor Vice Mayor Time and location arranged with current Mayor
Economic Development
Subcommittee
Bailey/Grimsley Bhattarai As needed and at least quarterly Education Subcommittee Bailey/
Walker-Griffin
Grimsley As needed and at least quarterly
Public Safety/Traffic Bailey/Grimsley Kelley As needed and at least quarterly CITY COMMISSIONS – COUNCIL LIAISONS
Planning Commission Bailey/Grimsley 1st and 3rd Mondays Community & Library Services
Commission
Bhattarai/Kelley 2nd Monday
Finance Commission Walker-Griffin/Kelley 3rd Wednesday (Every other Month)

COMMITTEES NOT ASSIGNED BY THE CITY COUNCIL
East Bay Economic Development
Alliance
Kelley Not a City Appointment
(Appointed by CC Mayors)
CCTA Kelley Not a City Appointment
(Appointed by CCTA)
205

Hercules City CouncilJanuary 13, 2026

Hercules City Council
January 13, 2026