EXHIBIT A
STATEMENT OF FINDINGS
LOCAL AMENDMENTS TO 2025 CALIFORNIA BUILDING STANDARDS CODE
CITY OF NEWARK
September 25, 2025
GENERAL FINDINGS
The City Council of the City of Newark makes the following general findings regarding local climatic, geologic, and topographical conditions, which the City Council finds necessitates the local modifications to the California Building Standards Code set forth below:
1. Local Climatic Conditions. Local climatic conditions include a low amount of average yearly rainfall, an average of 14 inches, which tends to be concentrated from October through April. From May through September, a dry period occurs where daily temperatures remain high and there is little measurable precipitation. In addition, the local climate frequently includes high winds which sweep across the City from San Francisco Bay. As a result of the high summer temperatures, average load demand and peak load demand of energy used in Newark and surrounding areas are important factors impacting public safety and creating the potential for adverse economic impacts due to power outages or power reductions (i.e. “brownouts”).
As a result of the low precipitation, the area is subject to occasional drought. In developed areas of the City, fires can occur in buildings, rubbish, automobiles, and grass fires on vacant lots. In the undeveloped areas of the City, there is a risk of large brush and grass fires. If a fire occurs in either a developed or undeveloped area of the City, the local dry conditions combined with high winds, creates the risk of a potential fire storm. In addition, some local residential development is occurring in previously undeveloped areas adjacent to potential wildfire hazard areas. These new developments increase the chance of fire while simultaneously being located further from fire stations, delaying critical response times. This potential problem can be mitigated by requiring initial fire control through the installation of automatic fire protection systems.
Exhibit “A,” Statement of Findings
Local Amendments to 2025 California Building Standards Code
2. Local Geologic Conditions. Local geologic conditions include a risk of earthquake. The City of Newark is directly impacted by earthquakes from the Hayward Fault and is subjected to fault activity from the San Andreas and Calaveras faults, among others. The largest recorded earthquakes in the Newark area occurred during a sequence of earthquakes in January and February 1980.
They reached magnitudes that ranged between 5.5 and 5.9 on the Richter scale.
In August 1989 a trembler was recorded with a magnitude in excess of 5.0 on the Richter scale. These potential earthquakes influence fire protection planning in several ways. First, a major seismic event would create a citywide demand on fire protection service that would be beyond response capability of the Fire Department without sprinklerization. This potential problem could be mitigated by requiring the initial fire control be provided throughout the City by the installation of automatic fire sprinkler protection systems. Structural damage to overpasses connecting cities of various areas will seriously delay emergency vehicle access through the City. At present the City is not able to reach all existing areas within five minutes or less due to traffic congestion during peak hours. Fire Station #28 is blocked by railroad tracks leaving the Newark Boulevard overpass as the only way to get through in the event trains are on the track. Based on the following general findings, the amendments herein contained providing a modified standard for fire extinguishing systems are necessary to serve the public interest by reducing risk of life and property of the citizens of the City of Newark.
In the event of an earthquake, damage to structures can be expected. In residential and commercial areas, this could include significant damage or collapse of buildings. Secondary impacts could include ruptured electric or gas connections and/or breaks in water distribution lines. The potential for a major seismic event would create a Citywide demand for emergency response and fire protection service which would exceed staff response capacity. This potential problem can be mitigated by requiring initial fire control through the installation of automatic fire protection systems.
To provide modified standards to better serve the public interest by reducing the risk to life and property of the citizens of the City of Newark resulting from the local conditions identified herein. The following are additional findings applicable to multiple code sections:
Exhibit “A,” Statement of Findings
Local Amendments to 2025 California Building Standards Code
A. Nationwide and local experience and records have proven that early warning and detection and built-in fire protection are essential in saving lives and reducing property loss from fire.
B. There are fire problems reflected in the records of the Fire Department.
C. The growth patterns of the City indicate a high level of need for protection.
D. There are limitations of Fire Department manpower and equipment.
E. Legislative economic restraints adversely affect the ability of the Fire Department to greatly expand its manpower and equipment.
F. Early detection, warning, and built-in fire protection will greatly assist the Fire Department in saving lives and property.
3. Local Topographical Conditions. The City of Newark is generally very flat with no substantial hills or extensive elevation changes. The City is traversed by railroad tracks across the major arterials: Thornton Avenue, Central Avenue, Jarvis Avenue, Cedar Boulevard, Cherry Street, and Sycamore Street. Entrance to the City is limited by the 880 overpass and the traffic coming from Highway 84, the Dumbarton Bridge.
This configuration effectively divides the City in such a manner that a major accident on any one of these streets at any one time will prevent access to fire service within a reasonable response time. Present response time is sometimes in excess of five minutes due to traffic conditions. Traffic throughout the City is channeled into several major thoroughfares that must ultimately cross railroad tracks and freeways by means of bridges and overpasses, creating a significant barrier to fire and emergency equipment responding in less than five minutes. In the event of an accident or other emergency at one of the key points of intersection between a highway and the railroad tracks or a freeway entrance to the City, the City could be isolated and the response time would be sufficiently slowed so as to increase the risk of substantial injury or damage.
Based on the local climatic, geologic, and topographical conditions outlined above, there is a real risk that emergency response could be significantly delayed in the event of an accident or emergency. Therefore, it is necessary to address this problem through the requirement of additional mitigation measures to: (a) prevent the chance of accident or injury by requiring standards more stringent than required Exhibit “A,” Statement of Findings
Local Amendments to 2025 California Building Standards Code
by the current codes; and (b) require additional built-in automatic fire protection systems which will provide for early detection and initial fire control.
SPECIFIC FINDINGS
The City Council of the City of Newark makes the following specific findings, which, in addition to the general findings regarding local climatic, geologic, and topographical conditions set forth above, the City Council finds necessitate the local modifications to the California Building Standards Code set forth below:
Chapter 15.02 - California Administrative Code
No local amendments.
Chapter 15.08 - California Building Code
Sections 402.5, 404.3, 407.6, 410.6, 903.2 903.2.1, 903.2.1.2, 903.2.2, 903.2.4, 903.2.7, 903.2.8, 903.2.9, 903.2.10, and 903.2.22 Automatic Fire Sprinkler Systems.
These various code sections should be modified to provide consistency with the City’s fire sprinkler and alarm ordinance.
Section 501.1, Site Addressing.
This modification should be made to provide consistency with other sections of the current NMC.
15.08.042 Licensed professional.
The modification should be continued from prior local code adoptions to preserve minimum safety standards.
Findings for Chapter15.08 amendments: Reference is made to General Findings 1, 2 and
3. Chapter 15.09 - California Residential Code
Section R301.1.3.2.1, Engineering Required.
This recommended modification is a continuation of existing NMC standards added in previous code cycles. The California Residential Code allows the Building Official to require drawings for dwellings taller than two stories be designed by a licensed professional. The recommended NMC change is to increase the standard to include dwellings taller than one story. This is the standard the City has been using for many years.
Exhibit “A,” Statement of Findings
Local Amendments to 2025 California Building Standards Code
Section R313, Automatic Fire Sprinkler Systems.
This recommended modification is also a continuation of existing NMC standards added in previous code cycles. The California Residential Code requires automatic fire sprinkler systems in all new one and two family dwellings and townhouses. For one and two family dwellings and townhomes, the code language is proposed to change in order to match fire code requirements for existing structures.
Section R328.8, R328.8.1, and R328.8.3. Protection from Impact for ESS (Energy Storage Systems).
These code sections are proposed to be modified to clarify the safety intent as needed to prevent damage to the equipment which could result in house fires.
Chapter 10, Wood Burning Fireplaces.
R1000 section was added to complement existing Bay Area wide prohibition on new wood burning fireplaces. No change to previous ordinance. Appendix K, Sound Transmission.
This proposed section modification is a carryover from the previous ordinance.
Findings for Chapter 15.09 amendments: Reference is made to General Findings 1, 2 and
3. Chapter 15.10 - California Mechanical Code
15.10.030, Connection of Natural Gas Utilities.
This proposed section is provided in the previous ordinance as a modification and gives the Building Official options to assist developers in obtaining utility connections.
Findings for Chapter 15.10 amendments: Reference is made to General Findings 1, 2 and
3. Chapter 15.12 - California Electrical Code
15.12.090, Temporary Connection of Electrical Utilities.
This proposed section is also in the previous ordinance as a modification to give the Building Official options to assist developers in obtaining utility connections.
Exhibit “A,” Statement of Findings
Local Amendments to 2025 California Building Standards Code
15.12.120, Building Official Authority
This proposed section is provided in the previous ordinance and gives the Building Official authority to disconnect an electrical service if conditions are unsafe. In practice this authority has not been exercised in the last two decades.
15.12.190, Electrical Service Connections.
This proposed section clarifies standards that are not well described in the California Electrical Code and does not change the modifications provided in the previous ordinance.
Findings for Chapter 15.12 amendments: Reference is made to General Findings 1, 2 and
3. Chapter 15.16 - California Plumbing Code
Sections 412.3, Privacy in Public Multiple Accommodation Toilet Rooms.
This item is a continuation of existing NMC standards added in previous code cycles. It is generally understood that persons using water closets or urinals in multiple accommodation toilet rooms should be afforded some degree of privacy. The current California Plumbing Code and California Building Code do not specifically address this issue. Some designers have in the past proposed designing multiple accommodation toilet rooms without privacy partitions around water closets or placing urinals in full view of persons outside the toilet room.
Section 422.2 Dealing with separate toilet facilities.
This proposed section modification would clarify how one would establish the total number of plumbing fixtures required when all the facilities would be single-use such as gender-neutral or family-assisted facility.
Table 4-1 redacted.
This proposed modification would clarify how one would calculate the total number of facilities.
Section 612 Dealing with residential fire sprinkler systems.
This proposed section modification would also continue a current requirement in the NMC.
The plumbing code provides a number of exceptions for requiring the connection of waste lines to a public sanitary sewer system. One of the exceptions allows for private septic systems, which in Newark would be unacceptable. The change would prohibit septic Exhibit “A,” Statement of Findings
Local Amendments to 2025 California Building Standards Code
systems. All waste lines must connect to Union Sanitary District sanitary sewer system mains. There are no proposed language changes from the previous NMC ordinance.
Section 1101.12, Roof Drainage.
This proposed modification would prohibit, if practical, direct connection of roof drains to storm drains, which complements current requirements in the City’s Stormwater Management and Discharge Control Ordinance and associated stormwater permit issued by the Regional Water Quality Control Board. There are no proposed changes from the previous ordinance.
Findings for Chapter 15.16 amendments: Reference is made to General Findings 1, 2 and
3. Chapter 15.17 – California Fire Code
Section 15.17.010, California Fire Code adopted by reference.
A number of individual sections are proposed to supplement individual sections not adopted by the State Fire Marshal, but desired by the Alameda County Fire Department.
Chapter 2, Definitions.
Four definitions are proposed to be added, amended, and/or relocated to better clarify terms used by the Alameda County Fire Department. There are no significant changes from the previously adopted ordinance.
Chapter 9, Fire Protection, Alarms, and Detection Systems.
This chapter relates to the City’s fire sprinkler, fire alarm, and fire detection standards which are more restrictive than State codes. These are proposed to be modified for consistency with building code and fire department language.
Section 5614, Safe and Sane Fireworks.
This item is a continuation of existing NMC standards added in previous code cycles.
Because of a major change to the California Fire Code it was appropriate to reformat the City’s fireworks ordinance. The City’s safe and sane fireworks ordinance would remain unchanged except for minor editing and numbering changes. There are no recommended technical changes.
Exhibit “A,” Statement of Findings
Local Amendments to 2025 California Building Standards Code
Appendix D, Fire Department Access.
Appendix D has been a part of the ordinance for several code cycles. The Fire Department is recommending adopting the appendix without modifications.
Chapter 15.17.190, Permit Fees.
This chapter should be eliminated because fees are covered in other parts of the ordinance.
Chapter 15.17.200, Violation deemed infraction.
This chapter should be eliminated because this subject is covered in other parts of the ordinance.
Findings for Chapter 15.17 amendments: Reference is made to General Findings 1, 2 and
3. Chapter 15.18 - California Referenced Standards Code No local amendments.
Chapter 15.20 - California Historical Building Code
No local amendments.
Chapter 15.21 - California Existing Building Code
No local amendments
Chapter 15.22 - California Energy Code
No local amendments
Chapter 15.23 - California Green Building Standards Code No local amendments.
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWARK REPEALING SECTION 15.04.030 OF TITLE 15 “BUILDINGS AND CONSTRUCTION” OF THE
NEWARK MUNICIPAL CODE IN ORDER TO CONFORM TO THE UPDATES IN THE 2025 BUILDING STANDARDS CODE THAT ARE ADOPTED
WHEREAS, the California Building Standards Commission has adopted a new Title 24 of the California Code of Regulations, also referred to as the 2025 California Building Standards Code, that will become effective statewide on January 1, 2026; and WHEREAS, currently Title 15 “Buildings and Construction” Article I “Building Regulations” of the City of Newark Municipal Code adopted the building standards contained in the 2019 versions of the California Building Code, the California Residential Code, the California Fire Code, the California Green Building Standards Code, the California Plumbing Code, the California Mechanical Code, and the California Electrical Code, California Administrative Code, as such Codes are approved by the State Building Standards Commission (collectively, the “California Building Standards Code”); and
WHEREAS, the updated California Building Standards Code becomes effective within the City on January 1, 2026, and Title 15 is updated by default to incorporate the California Building Standards Code without local amendments; and
WHEREAS, the updated California Building Standards Code has added language that make Section 15.04.030 of the Newark Municipal Code unnecessary; and WHEREAS, the City Council finds that no additional environmental review is necessary because this Ordinance is not a project that has the potential to cause substantial or potentially substantial, adverse change in the environment and qualifies for an exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), and further, the Ordinance establishes standards for the approval of ministerial projects that are not themselves subject to CEQA review.
THE CITY COUNCIL OF THE CITY OF NEWARK DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals.
The forgoing Recitals are true and correct and incorporated herein by this reference.
SECTION 2. Code Revisions.
Section 15.04.030 of the Newark Municipal Code is repealed in its entirety.
SECTION 3. Severability.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance.
The City Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 4. Adoption.
This Ordinance shall take effect on the later of thirty (30) days after passage or on January 1, 2026, and shall within fifteen (15) days after passage, be published in accordance with Section 36933 of the Government Code of the State of California.