DATE:
December 17, 2019
TO:
Mayor and Council Members
FROM:
BY:
Nils Bentsen, City Manager
Michael Blay, Director of Development Services
Mike Hearn, Building Official
SUBJECT:
Adoption of 2019 California Building Codes
RECOMMENDED ACTION
It is recommended that the City Council conduct a public hearing and upon accepting public testimony adopt Ordinance No. 2019-16, adopting changes to Hesperia Municipal Code Chapters 15.04 and 15.06; adopting and amending the following codes and their references: the 2019 California Building Code, the 2019 California Residential Code, the 2019 California Electrical Code, the 2019 California Mechanical Code, the 2019 California Plumbing Code, the 2019 California Fire Code, the 2019 California Green Building Standards Code, the 2019 California Referenced Standards Code, the 2019 California Energy Code, the 2019 California Historical Building Code, the 2019 California Administrative Code, and the 2019 California Existing Building Code (hereafter 2019 Building Codes).
BACKGROUND
Every three years, the International Code Council (ICC), the International Association of Plumbing and Mechanical Officials (IAPMO), and the National Fire Protection Agency (NFPA) publish revised versions of their respective codes. This was last completed during the 2015 code “cycle” and revised versions were published in 2016.
The California Building Standards Commission (BSC) takes the model codes published by ICC, IAPMO, and NFPA, and makes amendments to them based upon specific requirements in State law. Once the amendments are made, the State sets a publication date and an effective date for the codes. The purpose of this is to officially notify local jurisdictions that the codes are completed and when they will take effect.
Earlier this year, the BSC set July 1, 2019 as the publication date and January 1, 2020 as the effective date for the 2019 California Building Codes. Consequently, the California Building Codes will take effect “as-is” unless the City makes amendments to reflect local conditions.
Pursuant to Government Code 50022.3, on November 27, 2019, the City Council received this report and all accompanying exhibits for review.
ISSUES/ANALYSIS
This code adoption amends the current ordinance, which was last amended in 2016. In summary, it adopts the California Codes by reference; and makes changes to Chapters 15.04 (“Building Codes”) and 15.06 (“Grading”) of the Hesperia Municipal Code. As in previous adoption cycles, staff is recommending local revisions. The recommended changes fall into two categories: specific appendix chapters being adopted and revisions to codes. Each will be discussed separately.
Appendix Chapters Specifically Adopted:
The California codes and State law are set up in such a way that Appendix Chapters to the various codes are not included unless specifically adopted. Section 15.04.020 of the Hesperia Municipal Code identifies the Appendix Chapters to be included.
Appendix chapters proposed for this adoption are currently adopted in the City and include regulations regarding patio covers, septic systems, plumbing installation standards, and a calculation method for sizing water piping systems.
Revisions to Codes:
Four revisions are proposed to be made to the California Codes. These revisions relate to swimming pools, grading, fire protection, and permit expiration as described below:
HMC Section 15.04.060 is added to both modify the State code requirements, and to consolidate swimming pool safety regulations from three different areas into one. This section makes two changes from the State requirements. It reduces the depth of water required to be considered a swimming pool from 24 inches to 18 inches. The 18-inch depth has been Hesperia’s standard since incorporation and it was the County standard prior to incorporation. The second change is to raise the barrier fence around a swimming pool from 48 inches to 60 inches. Again, this has been Hesperia’s standard since incorporation. Staff recommends the increased standard as drowning in swimming pools is the number one building code related cause of death for children in residences.
The revisions to grading are contained within “Exhibit B” in Chapter 15.06 of the Hesperia Municipal Code titled “Grading”.
Two revisions are requested to the Hesperia Municipal Code regarding fire protection systems. These have been adopted standards for fire protection systems in the City for the past twenty years and are noted below:
Section 15.04.030 in the Hesperia Municipal Code (HMC) requires the installation of an automatic fire sprinkler system when the floor area exceeds 5,000 square feet. This requirement has been in place since the mid-1990’s and is well known and understood by local builders and developers.
Section 15.04.040 which requires existing, non-sprinklered buildings of 5,000 square feet or more to install fire sprinklers if the building is added to, or if the occupancy changes to a more hazardous use. Again, this requirement has been Hesperia’s standard for over 20 years.
The 2019 California Building Code allows building permits to remain valid as long as work continues and an inspection is requested every one hundred and eighty (180) days. It has been The City’s long standing practice to allow a permit to continue to be valid as long as there is no lapse of greater than ninety (90) days between inspection approvals. Staff believes that this language should be added to the City Municipal Code in Title 15 so that it can continue to be a standard for the building community in Hesperia.
In total, staff believes the amendments and revisions better address the specific conditions in Hesperia. The appendix chapters give standards for septic systems, greywater systems, and plumbing sizing and installations, as well as for patio construction. The code revisions provide increased safety standards for swimming pools, and consistent grading regulations, and fire protection. As such; staff recommends adoption of Ordinance No. 2019-16 which will establish the construction codes used in Hesperia during the next three years.
FISCAL IMPACT
None.
ALTERNATIVE(S)
The City Council may choose not to adopt this Ordinance. In this case, the recommended appendices and code changes would not be included. Staff does not support this alternative.
The City Council may choose to adopt a specific appendix chapter or not make one or more of the named code amendments. Staff does not support this alternative.
Provide alternative direction to staff.
ATTACHMENT(S)
Ordinance No. 2019-16
Exhibit A – Proposed Hesperia Municipal Code Chapter 15.04 - Building Codes Exhibit B – Proposed Hesperia Municipal Code Chapter 15.06 – Grading Page PAGE 2 of NUMPAGES 3
Staff Report to the City Council
Adoption of 2019 California Building Codes
December 17, 2019
City of Hesperia
STAFF REPORT