Agenda packet — Orange City Council, October 11, 2022 (part 7 of 7)

c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($ 1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.

d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.

e. Each policy of general liability a nd automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability 953
6 insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.

f. Reserved.

g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.

Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certif icates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.

i. All insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in California so long as such insurer possesses the aforementioned Best rating.

j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City.

In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting th erefrom, by way of set -off from any sums owed Contractor.

k. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.

Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requir ements stated herein.

19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.

Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with 954
7 this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement.

City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

21. Compliance with all Laws/Immigration Laws.

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.

b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the web site of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

c. Contractor represents and warrants that it:

(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and

(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and

(3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I -9 for each of Contractor’s employees; and

955
8 (4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksite enforcement by the Department of Ho meland Security, the Department of Labor, or the Social Security Administration.

d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c.

e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.

f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.

g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.

h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply wi th said laws, rules and regulations in connection with the performance of this Agreement.

22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.

23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing an d signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agree ment shall not be compensated.

24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally , by e -mail, or by first class U.S. mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e- mail shall be deemed received on the date of the e-mail transmission. 956
9 “CONTRACTOR” “CITY”

Townsend Public Affairs, Inc. City of Orange
1401 Dove Street, Suite 330 300 E. Chapman Avenue
Newport Beach, CA 92660 Orange, CA 92866-1591
Attn.: Christopher Townsend Attn.: Aaron Schulze

Telephone: (949) 399-9050 Telephone: 714-744-2202 E-Mail: [email protected] E-Mail: [email protected]

25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.

[Remainder of page intentionally left blank; signatures on next page]

957
10 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

TOWNSEND PUBLIC AFFAIRS, INC.
a California corporation CITY OF ORANGE, a municipal corporation

*By: By:

Printed Name: Christopher Townsend Mark A. Murphy, Mayor Title: President

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney

*NOTE: City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City.
958

Exhibit “A”

Page 1 of 3 ends

EXHIBIT “A”

SCOPE OF SERVICES

A. STATE LEGISLATIVE ADVOCACY

1. Work with the City Council, the City Manager, and key staff to discuss goals, objectives, opportunities, and priorities.

2. Maintain a working relationship with the City’s legislative delegation.

3. Work effectively at the Sacramento -level with the Governor’s office and various state departments.

4. Demonstrate an extensive knowledge of state laws, regulations and issues impacting the City.

5. On an annual basis, work with the City to update its Legislative Platform to look at upcoming legislative trends.

6. Undertake advocacy, including strategy development and all related activities to attain the objectives of the City. Related activities include policy analysis, drafting legislation, meeting with legislators and staff, obtaining sponsor(s) for legislation, drafting legislative amendments, coordinating testimony at legislative hearings and administrative agencies, attending meetings, organizing advocacy trips, and otherwise representing the City’s positions.

7. Review all proposed, introduced, and amended legislation and administrative rules and regulations, to determine and provide analysis as appropriate on their impact on the City and recommend positions to be taken on the legislation and administrative rules and regulations.

8. Provide monthly electronic reports on status of legislation and other related matters such as bill language and committee analysis, an annual report giving an overview of approved legislation and final administrative rules and regulations and a forecast of important issues in the upcoming year.

9. Coordinate and cooperate with the League of California Cities, Association of California Cities – Orange County and other organizations, municipalities, companies and firms having similar legislative obje ctives as the City. Where appropriate, advocate positions on legislation and work to secure language in law that will advance the City’s interests.

10. Regularly communicate with the City to assess legislative options, analyze legislation and discuss policy objectives including review and input into the City’s legislative policy guide. Present legislative issues to the full City Council as needed/upon request.

11. Participate in regular informational, planning and coordination meetings with City staff as needed. As sist City Management and City Council during visits to Sacramento on official business.

12. Undertake advocacy on technical matters, compliance reporting and associated activities.

13. Prepare and file all applicable Fair Political Practices Commission lobbying documents and reports within all applicable deadlines, per the provisions of the Political Reform Act of 1974 as amended. Provide the City notification of any changes or modifications that may be pertinent.
959

Exhibit “A”

Page 2 of 3 ends

B. FEDERAL LEGISLATIVE ADVOCACY

1. Work with the City Council, the City Manager, and key staff to discuss goals, objectives, opportunities, and priorities.

2. Maintain a working relationship with the City’s legislative delegation.

3. Work effectively at the federal level with various federal departments.

4. Demonstrate an extensive knowledge of federal laws, regulations and issues impacting the City.

5. On an annual basis, work with the City to update its Legislative Platform to look at upcoming legislative trends.

9. Coordinate and cooperate with the League of C alifornia Cities, Association of California Cities – Orange County and other organizations, municipalities, companies and firms having similar legislative objectives as the City. Where appropriate, advocate positions on legislation and work to secure langu age in law that will advance the City’s interests.

11. Participate in regular informational, planning and coordination meetings with City staff as needed. Assist City Management and City Council during visits to Washington D.C. on official business.

12. Undertake advocacy on technical matters, compliance reporting and associated activities.

13. Prepare and file all applicable Fair Political Practices Commission lobbying documents and reports within all applicable deadlines, per the provisions of the Political Ref orm Act of 1974 as amended. Provide the City notification of any changes or modifications that may be pertinent.

960

Exhibit “A”

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C. GRANT WRITING

1. Work with City staff to facilitate meetings with City departments to assess the validity of current funding priority areas, identify changes in funding priority areas, and identify new priority areas for possible funding.

2. Conduct research to identify grant resources including, but not limited to, federal, state, foundation, agencies and organizations that support the City’s funding needs and priorities (emphasizing grants which require no “matching” funds), including, but not limited to:
a. Infrastructure and park development/maintenance
b. Public safety
c. Economic development
d. Housing and housing programs
e. Technology
f. Parks and recreation programs
g. Multimodal transportation
h. Workforce development
i. Records management
j. Senior, family, and youth programs
k. Energy, efficiency and sustainability
l. Historic building maintenance and reuse
m. Acquisition of open space

3. Provide general grant proposal writing services associated with the completion of grant applications on behalf of the City, including the preparation of funding abstracts and production and submittal of applications to funding sources. Provide a copy of each grant applica tion package submitted for funding, in its entirety, to the City.

4. Submit monthly reports to the City summarizing the amount of time expended, describe activities undertaken during the previous month, and status of those activities.

5. Manage grants awarded to the City as needed.

961
Agenda Item
City Council
Item #: 8.1. 10/11/2022 File #: 22-0530
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Public Hearing to consider adoption of the 2022 California Building Codes. Resolution No. 11416 and Ordinance No. 06-22.

2. SUMMARY
The California Building Standards Commission requires local governments to enforce the most recent editions of the model codes related to construction as amended by the State. The State of California Building Standards Code includes: the California Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Existing Building, Green Building Standards and Referenced Standards Code.

State law requires any changes or modifications to the California Building Standards Code be supported by findings related to local conditions. Resolution No. 11416 contains the appropriate and necessary findings to support the recommended changes to the 2022 California Building Standards Code found in Ordinance 06-22.

3. RECOMMENDED ACTION

1. Adopt Resolution No. 11416. A Resolution of the City Council of the City of Orange setting forth findings with respect to local climatic and geographic conditions justifying amendments to the 2022 California Building Code, the 2022 California Residential Code, and the 2022 California Electrical Code.

2. Introduce and conduct First Reading of Ordinance No. 06-22. An Ordinance of the City Council of the City of Orange amending Titles 12, 13, and 15 of the Orange Municipal Code adopting and amending the 2022 editions of the California Building Standards Codes and related model codes, with appendices, relating to the building codes.

4. FISCAL IMPACT
The fiscal impact due to mandated code changes and amendments is captured through plan check and inspection fees paid by the applicants.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

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Item #: 8.1. 10/11/2022 File #: 22-0530
Goal 1: Provide for a safe community
d: Assure the development of the City occurs in a fashion that maximizes public safety.

6. DISCUSSION AND BACKGROUND
The Building Standards Commission adopts and publishes the California Building Standards Code (Title 24 California Code of Regulations) every three years. The 2022 Edition of the California Code of Regulations Title 24, which incorporates the below-listed model codes, becomes effective on January 1, 2023. If approved, Ordinance No. 06-22 will amend the Orange Municipal Code, Title 12, 13, and 15 to reflect the State Code, with certain modifications that would be applicable to the City of Orange. Title 15 of the Orange Municipal Code was last updated in 2019.

The list below identifies the model codes upon which the 2022 California Code of Regulations, Title 24 is based:

California Building Standards Code Reference Model Code 2022 California Building Code 2021 International Building Code (ICC) 2022 California Residential Code 2021 International Residential Code (ICC) 2022 California Electrical Code 2020 National Electrical Code (NFPA) 2022 California Mechanical Code 2021 Uniform Mechanical Code (IAPMO) 2022 California Plumbing Code 2021 Uniform Plumbing Code (IAPMO) 2022 California Existing Building Code 2021 International Existing Building Code (IEBC) The State Codes proposed for adoption by reference with local amendments include the following:
2022 California Building Code
2022 California Residential Code
2022 California Electrical Code
2022 California Mechanical Code
2022 California Plumbing Code
2022 California Energy Code
2022 California Historical Building Code
2022 California Existing Building Code
2022 California Green Building Standards Code
2022 California Referenced Standards
2021 International Property Maintenance Code
Discussion
In January 2022, the California Building Standards Commission adopted the new building codes for the State. All local jurisdictions in California are required to update their local building codes by adopting or amending the State Codes to become effective January 1, 2023. Ordinance No. 06-22 includes adoption of the new building codes with our local amendments.

The most significant changes in the current version of the State Building Codes are again related to energy efficiency and green building requirements.

The Public Works Department is recommending minor changes and modifications be made along with adoption of the State Codes because the changes and modifications are reasonably necessary due to local conditions in the City of Orange. Other minor modifications are of an administrative or procedural nature and pertain to subjects that are not covered by the State Codes or are reasonably City of Orange Printed on 10/5/2022Page 2 of 3
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963
Item #: 8.1. 10/11/2022 File #: 22-0530
necessary to safeguard life and property within the City of Orange.

7. ATTACHMENTS
· Resolution No. 11416
· Ordinance No. 06-22
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964
Agenda Item
City Council
Item #: 8.1. 10/11/2022 File #: 22-0530
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Public Hearing to consider adoption of the 2022 California Building Codes. Resolution No. 11416 and Ordinance No. 06-22.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The fiscal impact due to mandated code changes and amendments is captured through plan check and inspection fees paid by the applicants.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

City of Orange Printed on 10/5/2022Page 1 of 3
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965
Item #: 8.1. 10/11/2022 File #: 22-0530
Goal 1: Provide for a safe community
d: Assure the development of the City occurs in a fashion that maximizes public safety.

The list below identifies the model codes upon which the 2022 California Code of Regulations, Title 24 is based:

The most significant changes in the current version of the State Building Codes are again related to energy efficiency and green building requirements.

The Public Works Department is recommending minor changes and modifications be made along with adoption of the State Codes because the changes and modifications are reasonably necessary due to local conditions in the City of Orange. Other minor modifications are of an administrative or procedural nature and pertain to subjects that are not covered by the State Codes or are reasonably City of Orange Printed on 10/5/2022Page 2 of 3
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966
Item #: 8.1. 10/11/2022 File #: 22-0530
necessary to safeguard life and property within the City of Orange.

7. ATTACHMENTS
· Resolution No. 11416
· Ordinance No. 06-22
City of Orange Printed on 10/5/2022Page 3 of 3
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967
RESOLUTION NO. 11416

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE SETTING FORTH

FINDINGS WITH RESPECT TO LOCAL

CLIMATIC AND GEOGRAPHIC CONDITIONS
JUSTIFYING AMENDMENTS TO THE 2022
CALIFORNIA BUILDING CODE, THE 2022

CALIFORNIA RESIDENTIAL CODE, AND THE
2022 CALIFORNIA ELECTRICAL CODE

WHEREAS, Health and Safety Code Section 17958 provides that the City of Orange (“City”) shall adopt Ordinances and regulations imposing the same or m odified or changed requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code Section 17922; and

WHEREAS, the State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the most recent edition of the California Building Code, the California Residential Code, and the California Electrical Code (collectively “Codes”); and

WHEREAS, Health and Safety Code Section 17958.5(a) permits the City t o make modifications or changes to the Codes, which are reasonably necessary because of local climatic, geographic or topographic conditions; and

WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council, before making any modifications or changes to the Codes, shall make an express finding that such changes or modifications are reasonably necessary because of local climatic, geographic or topographic conditions; and

WHEREAS, the Public Works Department ha s recommended that changes and modifications be made to the Codes and ha s advised that said changes and modifications to the California Building Code, 20 22 Edition, the California Residential Code, 20 22 Edition, and the California Electrical Code, 2022 Edition, are reasonably necessary due to local conditions in the City and have further advised that the remainder of said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Codes or are reasonably necessary to safeguard life and property within the City.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that amendments related to life and fire safety contained in Sections 101.1, 103.1, 105.2, 107.3, 403.4.8.3, 403.4.8.4, 403.4.9.1, 905.4, 910.3.5, Table 1505.1, Sections 1505.1.3, 1807.1.6, 3002.4.3a, 3109.2, 3109.4.4 of the 20 22 Edition of the California Building Code, and Sections R101.1, Table R301.2, Manual J , R302.1, Sections R902.1, R902.1.3, R902.2 , a nd Appendix AX(a)1 of the 2022 Edition of the California Residential Code, and Articles 310.(B), 690.13(A) 968

Reso. No. 11416 2 MEB
of the 20 22 Edition of the California Electrical Code as recommended by the Public Works Department are hereby found to be reasonably necessary due to the following local conditions:

Section 1:

A. Climatic Conditions

1. Hot, dry Santa Ana winds are common to all areas within the City of Orange and Orange County in general. These winds, which can cause small fires that spread quickly, are a contributing factor to the high fire danger in the area, and create the need for an increased level of fire protection. This added protection will suppleme nt normal fire department response available and provide immediate protection for life and safety of multiple occupancy occupants during fire occurrences.

2. Orange County and the City of Orange are in a semi -arid Mediterranean type climate, which predisposes all fuels, including wood shingles, to rapid ignition and spread of fire.

Therefore, there exists a need for additional fire protection measures.

3. The warm, dry climate is conducive to swimming pools, which creates a higher probability of child drownings where pools are unprotected.

B. Geographic Conditions

1. Orange County and the City of Orange are in a high seismically active area. There are earthquake faults that run along both the northeastern and southwestern boundaries of Orange County. The Newport-Inglewood Fault Zone (NIFZ) which runs through Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude, hypocenter off Newport Beach coast), which took 120 lives, with areas damaged from Laguna Beach to Marina del Rey and inland to Whittier, and poses one of the greatest hazards to lives and property in the nation. Regional planning for reoccurrence is recommended by the State of California, Department of Conservation. There was also an earthquake in December 1989, with the epicenter located near the City of Irvine. The fault on which this quake occurred was unknown prior to this activity. The October 17, 1989, Santa Cruz earthquake resulted in only one major San Francisco fire in the Marina district, but when combined with the 34 other fires and over 500 responses, the department was taxed to its full capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. If more fires had been ignited by the earthquake, it would have been difficult for the fire department to contain them.

Experts predict a major earthquake in our area within the next 50 years. This situation creates the need for both ad ditional fire protection measures and automatic on -site fire protection for building occupants since a multitude of fires may result from breakage of gas and electric lines as a result of an earthquake. As noted by “Planning Scenario on a Major Earthquake on the Newport -Inglewood Fault Zone, 1988, State Department of Conservation,” page 59, “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.”

969

Reso. No. 11416 3 MEB

2. Traffic and circulation congestion presently existing in the City of Orange often places fire department response time to fire occurrences at risk. This condition will be exacerbated by any major disaster, including any earthquake wherein damage to the highway system will occur. This condition makes the need for additional on -site protection for property occupants necessary.

3. Untreated wood roofs cause or contribute to serious fire hazard and to the rapid spread of fires when such fires are accompanied by high winds. Pieces of b urning wooden roofs become flying brands and are carried by the wind to other locations and thereby spread fire quickly. Past Grand Jury Report findings support this concern.

4. Code Section Findings in Section 1
Chap 1, Div II Administrative
403.4.8.3 CBC A-1, B-1,2
403.4.8.4 CBC A-1, B-1,2
403.4.9.1 CBC A-1, B-1,2
905.4 CBC A-1, B-1,2
910.3.5 CBC A-1, B-1,2
Table 1505.1 CBC A-1,2, B-1,2,3
1505.1.3 CBC A-1,2, B-1,2,3
1807.1.6 CBC B-1
3002.4.3a CBC A-1, B-1,2
3109.2 CBC A-3, B-2
3109.4.4 CBC A-3, B-2
R101.1 CRC Administrative
Table R301.2 CRC Administrative
Manual J Administrative
R302.1 CRC A-1, B-1,2
R902.1 CRC A-1,2, B-1,2,3
R902.1.3 CRC A-1,2, B-1,2,3
R902.2 CRC A-1,2, B-1,2,3
Appendix AX(a)1 CRC A-3, B-2
310. 3(B) CEC A-1, B-1,2
690.13(A) CEC Administrative

The aforementioned amendments have been incorporated in detail in Ordinance 06-22 or are existing amendments unchanged.

Section 2:

The Public Works Department shall file copies of Resolution 11416 and Ordinance 06-22 with the California Building Standards Commission and Department of Housing and Public Works as required by Health and Safety Code Section 17958.7.

970

Reso. No. 11416 4 MEB
ADOPTED this ____ day of ____________________, 2022

Mark A. Murphy, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 20 22 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

971
ORDINANCE NO. 06-22

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING TITLE S 12, 13 , AND
15 OF THE ORANGE MUNICIPAL CODE ADOPTING
AND AMENDING THE 2022 EDITIONS OF THE

CALIFORNIA BUILDING STANDARDS CODES AND

RELATED MODEL CODES, WITH APPENDICES,

RELATING TO THE BUILDING CODES

WHEREAS, the State of California adopted new Building Codes in January of 2022; and

WHEREAS, these codes are commonly known as the California Building Standards Codes, and published in Title 24 of the California Code of Regulations; and

WHEREAS, the California Health and Safety Code requires local governments to adopt the most recent editions of the model codes related to construction; and

WHEREAS, State law provides that the model cod es may be amended by local governments with respect to local conditions, so long as those changes are not less stringent than the State's minimum requirements; and

WHEREAS, by separate Resolution, the City Council of the City of Orange has made an express finding that changes or modifications are reasonably necessary because of local climatic, geographic or topographic conditions; and

WHEREAS, local governments must update t heir building codes by adopting and amending the State Codes to become effective by January 1, 2023.

NOW, THEREFORE, the City Council of the City of Orange does ordain as follows:

SECTION I:

Section 12.18.080.M of the Orange Municipal Code (Streets, Sidewalks and Public Places – Outdoor Dining on Public Walkways – Outdoor Dining Permit Standards) is revised to read as follows:

M. The use of removable table umbrellas is encouraged provided that they maintain at least seven feet of clearance above the sidewalk level and do not exceed ten feet in height. The use of retractable awnings is encouraged, but must meet the requirements of California Building Code Sections 3202.2.3 and 3202.3.1.

SECTION II:

Section 13.66.190.B of the Orange Municipal Code (Public Utilities – Sewer System – Fats, Oils and Grease Regulations (FOGS) – Grease Interceptor Requirements) is revised to read as follows:
972
2 B. Grease interceptor sizing and installation shall conform to the current edition of the California Plumbing Code. Grease interceptors shall be constructed in accordance with the design approved by the FOG Control Program Manager and shall have a minimum of two compartments with fittings designed for grease retention.

SECTION III:

Section 15.04.010 of the Orange Municipal Code (Buildings and Construction – California Building Code – California Construction Codes Adopted by Reference) is revised to read as follows:

15.04.010 California Construction Codes Adopted by Reference.

For the purpose of prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height, and area of buildings and structures, the following constructi on codes subject to the Orange Municipal Code and modifications set forth in this chapter, including erratas and supplements hereafter, are hereby adopted: the California Building Code, 2022 Edition, based on the 2021 International Building Code as published by the International Code Council, including Chapter 1, Division II and Appendi ces I, J, and P; the California Residential Code, 2022 Edition, based on the 2021 International Residential Code, including Appendices AH and AX; the California Green Building Standards Code, including Appendices A4, A5, A5.2, A5.3, A5.4, A5.5, and A5.6, 2022 Edition; the California Plumbing Code, 2022 Edition, based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials, including Appendices A, B, D, H, I, and J; the California Mechanical Code, 2022 Edition, based on the 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials, including Appendices B and C; the California Electrical Code, 2022 Edition, based on the 2020 National Electrical Code as published by the National Fire Protection Association, including Annex es A and B; th e International Property Maintenance Code, 2021 Edition, as published by the International Code Council; the Uniform Code For The Abatement of Dangerous Buildings, 1997 Edition, as published by the International Code Council.

The provisions of these Construction Codes as amended by this chapter shall constitute the Building Regulations of the City of Orange. Where the California Code of Regulations and State Building Standards Code of Regulations differ from any sections of the Construction Codes, state regulations shall prevail over the Construction Codes.

One copy of all the above codes and standards therefor are on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and are made available for public inspection.

Notwithstanding the provisions of the above -referenced construction codes, all fees for services provided pursuant to the construction codes shall not take effect until a resolution for such fees is adopted by the City Council pursuant to California Government Code Section 66016.

973
3 SECTION IV:

Section 15.04.015 of the Orange Municipal Code (Buildings and Construction – California Building Code – Amendments to the 2019 California Building Code) is revised to read as follows:

15.04.015 Amendments to the 2022 California Building Code.

Administration. Division II of Chapter 1, entitled “Scope and Administration ,” is applicable in the City with revisions to the following sections as indicated below.

101.1 Title. These regulations shall be known as the Building Code of the City of Orange, hereinafter referred to as "this code."

103.1 Creation of enforcement agency. The Building and Safety Services Department is hereby created and the official in charge thereof shall be known as the building official.

The function of the agency shall be the implementation, administratio n, and enforcement of the provisions of the code.

105.2 Work Exempt from Permit. Exceptions 2, 9 and 14 shall read as follows:

2. Fences under 6 feet (1829 mm) high.

9. Prefabricated swimming pools accessory to a Group R -3 occupancy that are less than 18 inches (457.2 mm) deep, do not exceed 5,000 gallons (18,927.059L) and are installed entirely above ground.

14. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not att ached to a dwelling and do not serve the exit door required by Section R311.2.

107.3 Examination of Documents. The following paragraph is added:

An expedited review and permit issuance process shall be provided for EV Charging Stations and simplified fo rms for submittal will be made available on City’s website.

Sections of 403.4.8.3(4) and 403.4.8.4(8) are revised as follows:

403.4.8.3 Standby power loads. The following are classified as standby power loads:

4. Power and lighting for the fire command center required by Section 403.4.6.

403.4.8.4 Emergency power loads. The following are classified as emergency power loads:

8. Ventilation and automatic fire detection equipment for smoke proof enclosures.

Section 905.4 is revised to read as follows:

974
4 905.4 Location of Class 1 standpipe hose connections. Class 1 standpipe hose connections shall be provided in all of the following locations:

1. In every required interior exit stairway, a hose connection shall be provided for each story above or below grade. Hose connections shall be located at an intermediate landing between stories, unless otherwise approved by the fire code official. See Section 909.20.2.3 for additional provisions in smoke proof enclosures.

2. On each side of the wall adjacent to the exit opening of a horizontal exit.

Exception: Where floor areas adjacent to a horizontal exit are reachable from an interior exit stairway hose connections by a nozzle attached to 100 feet (30480 mm) of hose, as measured along the path of travel, a hose connection shall not be required at the horizontal exit.

7. The centerline of the 2.5 inches (64 mm) outlet shall be no less than 18 inches (457 mm) above and no more than 24 inches (610 mm) above the finished floor.

8. Every new bu ilding with any horizontal dimensions greater than 300 feet (91440 mm) shall be provided with either access doors or a 2.5 inch (64 mm) outlets so that all portions of the building can be reached with 150 feet (45720 mm) of hose from an access door or hose outlet. Required access doors shall be located in the exterior of the building and shall be accessible without the use of a ladder. The door dimensions shall be not less than 3 feet (914 mm) in width, and not less than 6 feet 8 inches (2032 mm) in height. These doors are for fire department access only.

Section 910.3.5 is added to read as follows:

910.3.5 Sprinklered buildings. Where installed in buildings provided with an approved automatic sprinklers system, smoke and heat vents shall be designed to operation automatically by actuation of a heat-responsive device rated at least 100 degrees Fahrenheit above the operating temperature of the sprinklers, unless otherwise approved.

Section 3109.2 is revised to read as follows, with all definitions remaining unchanged:

3109.2 Construction permit; safety features required. New or remodel pools or spas, at a private single -family home, shall have an enclosure complying with the amended California Residential Code Appendix AX. Pool barriers which are already in the Code are scoped so as to apply on all private swimming pools.

Section 3109.2 is revised to add the following definition:

PRIVATE POOL, is any constructed pool, permanent or portable, and over 18 inches deep which is intended for non-commercial use as swimming pool by not more than three owner families and their guests.

975
5 SECTION V:

Section 15.04.030 of the Orange Municipal Code (Buildings and Construction – California Building Code – Work Exempt from Permit) is revised to read as follows:

Section 105.2 of the California Building Code is revised to add the following:

14. TV dishes and flagpoles in connection with a group R. Division 3 occupancy and not exceeding 15 feet in height.

SECTION VI:

Section 15.04.060 of the Orange Municipal Code (Buildings and Construction – California Building Code – California Building Code (CBC) Appendix) is revised to read as follows:

15.04.060 California Building Code (CBC) Appendix.

The City Council adopts by reference the following Appendices of the CBC Appendix, 2022 Edition and said Appendices are adopted in total as the law of the City except as provided for this chapter.

Appendix C (Group U- Agricultural Buildings), Appendix F (Rodent Proofing), Appendix G (Flood -Resistant Construction), Appendix H (Signs), Appendix I (Patio Covers), Appendix J (Grading), and Appendix P (Emergency Housing)

SECTION VII:

Section 15.05.010 of the Orange Municipal Code (Buildings and Construction – California Residential Code – California Residential Code Adopted b y Reference) is revised to read as follows:

15.05.010 California Residential Code Adopted by Reference.

SECTION VIII:

The title of Section 15.05.015 of the Orange Municipal Code (Buildings and Construction – California Residential Code – Amendments to the 2019 California Residential Code) is revised to read as follows:

976
6 15.05.015 Amendments to the 2022 California Residential Code.

SECTION IX:

Section 15.05.015 of the Orange Municipal Code (Buildings and Construction – California Residential Code – Amendments to the 2019 California Residential Code) is revised to add the following first paragraph:

R101.1 Title. These provisions shall be known as the “Residential Code for One- and Two- family Dwellings of the City of Orange,” and shall be cited as such and will be referred to herein as “this code.”

SECTION X:

The introductory paragraph and title of Table R301.2(1) (Climatic and Geographic Design Criteria) of Section 15.05.015 of the Orange Municipal Code (Buildings and Construction – California Residential Code – Amendments to the 2019 California Residential Code) are revised to read as follows:

Table R301.2 is revised to read as follows:

TABLE R301.2

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

SECTION XI:

Footnotes a, d, h, l, m and o of Table R301.2 (Climatic and Geographic Design Criteria) of Section 15.05.015 of the Orange Municipal Code (Buildings and Construction – California Residential Code – Amendments to the 2019 California Residential Code ) are revised to read as follows, with the remaining footnotes unchanged:

a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i .e., “negligible,” “moderate” or “severe”) for concrete as determined from the Weathering Probability Map [Figure R301.2(1)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.

d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R30l.2(2)]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.

h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall fill in this part of the table with “NO.”

977
7 l. In accordance with Figure R301.2.1.1, where there is local historical data documenting regional wind designs, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table.

m. In accordance with Section R301.2.1.2, the jurisdiction shall indicate the wind -borne debris wind zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the table.

o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figure R301.2 (3).

SECTION XII:

The final three paragraphs of Section 15.05.015 of the Orange Municipal Code (Buildings and Construction – California Residential Code – Amendments to the 2019 California Residential Code) are deleted and replaced with the following:

Appendix AX, Section AX100 is revised to read as follows:

(a) Except as provided in Section AX100, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with item #1 below AND at least one additional following seven drowning prevention features:

#1. An enclosure that meets the requirements of AX100 and isolates the swimming pool and spa from the private single-family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have door openings equipped with protection as required in AX100. Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature requirement.

R302.1 Exterior walls. Construction, projections, openings and penetrations of exterior walls of dwelling and accessory buildings shall comply with Table R302.1(1); or dwellings and accessory buildings equipped throughout with an automatic sprinkler system installed in accordance with Section R313 shall comply with Table R302.1.

Exceptions:

3. Detached tool sheds and storage sheds, playhouses and similar structures exempted from permits are not required to provide wall protection based on location on the lot. Projections beyond the exterior wall shall not extend over the lot line.

978
8 SECTION XIII:

Section 15.12.010 of the Orange Municipal Code (Buildings and Construction – California Mechanical Code – California Mechanical Code Adopted by Reference) is revised to read as follows:

15.12.010 California Mechanical Code Adopted by Reference.

For the purpose of prescribing regulations for mechanical equipment design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, and other miscellaneous heat producing appliances within the city the following construction code subject to the modifications set forth in this chapter, is hereby adopted: the California Plumbing Code, 2022 Edition, based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials.

SECTION XIV:

Section 15.16.010 of the Orange Municipal Code (Buildings and Construction – California Plumbing Code – California Plumbing Code Adopted by Reference) is revised to read as follows:

15.16.010 California Plumbing Code Adopted by Reference.

For the purpose of prescribing regulations for plumbing equipment construction, alteration, repair, improving, conversion and demolition, th e following construction code , subject to the modifications set forth in this chapter, is hereby adopted: the California Plumbing Code, 2022 Edition, based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials.

SECTION XV:

Section 15.17.010 of the Orange Municipal Code (Buildings and Construction – California Green Building Code – California Green Building Standards Code Adopted by Reference) is revised to read as follows:

15.17.010 California Green Building Standards Code Adopted by Reference.

For the purpose of presc ribing regulations for green building erecting, construction, alteration, repair, improving, conversion and demolition, the following construction code subject to the modifications set forth in this chapter, is hereby adopted: the California Green Buildin g Standards Code (CALGREEN), 2022 Edition, as published by the California Building Standards Commission.

SECTION XVI:

The title of Section 15.17.015 of the Orange Municipal Code (Buildings and Construction – California Green Building Code – Amendments to the 2019 California Green Building Standards Code) is revised to read as follows:

979
9 15.17.015 Amendments to the 2022 California Green Building Standards Code.

SECTION XVII:

Chapter 15.19 is added to Title 15 of the Orange Municipal Code (Buildings and Construction – Electric Vehicle Charging Stations) to read as follows:

Chapter 15.19 Electric Vehicle Charging Stations.

15.19.010 Purpose.

The purpose of this chapter is to comply with Government Code Section 65850.7 and to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations.

15.19.020 Definitions.

A. “Electronic submittal” means the utilization of one or more of the following:

1. Email.

2. The Internet.

3. Facsimile.

B. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with all requirements of this code and any checklists approved by the building official, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

15.19.030 Expedited Permitting Process.

A. Streamlined Process. Consistent with Government Code Section 65850.7, the building official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checkli st of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review.

B. Checklist Effective with Commission Approval. The building official’s checklist and procedures shall become effective upon approval by the director of public works or designee.

Such procedures may be amended by the director of public works or designee from time to time.

The city’s adopted checklist and procedures shall be published on the city’s website and shall be binding upon all applicants.

C. Checklist Contents. The checklist and procedures may refer to the recommendations contained in the most current version of the “Plug -In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero -Emission Vehicles in California: Community 980
10 Readiness Guidebook” as published by the Governor’s Office of Planning and Research. Such checklist must ensure that all requirements of this chapter are met, including the following:

1. Standards for EV Station. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.

2. Electrical Code Requirements. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

3. Load Calculations. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existi ng electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

4. Anchorage. Anchorage of either floor -mounted or wall -mounted electric vehicle charging sta tions shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.

5. Property Owner Associations. In the technical review of a charging station, consistent with Government Code Section 65850.7, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

15.19.040 Permit Application Processing.

A. Adverse Impact Prohibited. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed o n the date the application was deemed complete. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

B. Permit Applications. A permit application that satisfies the information requirements in the city’s adopted checklist shall be deemed complete and be promptly processed.

If the building official determines that the permit application is incomplete, the building official shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information requi red to be eligible for expedited permit issuance. Upon 981
11 confirmation by the building official that the permit application and supporting documents meets City’s checklist requirements and is consistent with all applicable laws and health and safety standards, the building official shall, consistent with Government Code Section 65850.7, issue a permit for the electric vehicle charging station.

C. Electronic Submission Permitted. Permit applications covered by this chapter and associated supporting documentation may be submitted via email to the building official, but such documentation shall only be considered received on the date the building official personally responds via email that the documents were received. In accepting such permit applications, the building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

D. Appeal. The Building Official’s determination may be appealed to the Planning Commission.

1. The cost to file the appeal shall be the same cost as for appeals filed under Section 17.08.070.

2. After conducting the public hearing, the Planning Commission shall issue its determination in writing based upon substantial evidence in the record.

3. The Planning Commission decision shall be final and cannot be appealed to the City Council.

SECTION XVIII:

Section 15.24.010 of the Orange Municipal Code (Buildings and Construction – California Electrical Code – California Electric Code Adopted by Reference) is revised to read as follows:

15.24.010 California Electrical Code Adopted by Reference.

For the purpose of prescribing regulations for electrical equipment construction, alteration, repair, improving, conversion and demolition, the following construction code subject to the modifications set forth in this chapter, is hereby adopted: the California Electrical Code, 2022 Edition, based on the 2020 National Electrical Code as published by the National Fire Protection Association.

SECTION XIX:

Section 15.24.025 of the Orange Municipal Code (Buildings and Construction – California Electrical Code – Amendments to the 2019 California Electrical Code) is revised to read as follows:

15.24.025 Amendments to the 2022 California Electrical Code.

310.3(B) Conductor Material is revised to add a second paragraph to read as follows:

982
12 Copper wire shall be used for wiring No. 6 and smaller in all installations. Consideration for use of aluminum wiring can be made by the Building Official for feeder lines only on an individual basis where adequate safety measures can be ensured.

690.13(A) Location is revised to read as follows:

The means to disconnect a photovoltaic and electrical energy storage system shall be installed at a readily accessible location on the exterior of the building. A visible-open, lockable AC disconnect shall be located within three (3) feet of the meter, photovoltaic disconnect, or as required by the Building or Fire Code Official.

SECTION XX:

The title of Section 15.52.070 of the Orange Municipal Code (Buildings and Construction – Building Security Standards – Garage-Type Doors) is revised to read as follows:

15.52.070 Garage-Type and Roll-Up Doors.

SECTION XXI:

Section 15.52.070.E of the Orange Municipal Code (Buildings and Construction – Building Security Standards – Garage-Type Doors) is revised to read as follows:

E. Doors that exceed six (6) feet in width, shall have the following options as to locking devices:

1. Two lock-receiving points, or one garage-door type slide bolt may be used if mounted no higher than twenty-six (26) inches from the bottom of the door;

2. A single bolt may be used if placed in the center of the door with the locking point located either at the floor or door frame header;

3. Torsion spring counter balance type hardware may be used if such hardware substantially complies with the requirements of this chapter.

SECTION XXII:

Section 15.52.080 .A.6 of the Orange Municipal Code (Buildings and Construction – Building Security Standards – Special Building Provisions - Residential) is added to read as follows:

6. All multiple family dwelling common area storage room doors shall be equipped as outlined in Section 15.52.050 and Subsections A1 to 4 in Section 15.52.080 of this code.

983
13 SECTION XXIII:

Section 15.52.080 .C.3 of the Orange Municipal Code (Buildings and Construction – Building Security Standards – Special Building Provisions - Residential) is added to read as follows:

3. Parking garages, underground walkways and any covered areas shall be provided with a minimum maintained three to five foot -candles of light on the parking surface. Lighting devices shall be protected by weather and vandalism resistant covers. If necessary, additional criterion may be required by the enforcing authority to exceed IESNA standards.

SECTION XXIV:

Section 15.52.090 .H.3 of the Orange Municipal Code (Buildings and Construction – Building Security Standards – Special Building Provisions – Non-Residential) is revised to read as follows:

3. All air duct or air vent openings exceeding ninety-six (96) square inches on the roof or exterior walls of any building or premises used for business purposes shall be secured with non-removable screws and by covering the same with either (a) or (b), and (c) and (d) as follows:

a. Iron bars of at least one-half inch round or one inch by one -quarter inch flat steel material spaced no more than five inches apart and securely fastened; or

b. Iron or steel grills of at least one -eighth inch material with a maximum two-inch mesh and securely fastened.

c. Iron or steel louvers shall be a minimum of twelve US gauge metal.

d. The above (a, b, and c) must not interfere with venting requirements creating a potentially hazardous condition to health and safety or conflict with the provisions of the current Building Code standards enforced by th e City of Orange and/or Title 19 of the California Code of Regulations.

SECTION XXV:

Section 15.53.010 of the Orange Municipal Code (Buildings and Construction – California Existing Building Code – California Existing Building Code Adopted by Reference) is revised to read as follows:

15.53.010 California Existing Building Code Adopted by Reference.

For the purpose of prescribing regulations for existing building seismic strengthening, the following construction code, subject to the modifications set forth in this Chapter, is hereby adopted: the California Existing Building Code, 2022 Edition, based on the 2021 International Existing Building Code.
984
14 SECTION XXVI:

Section 15.54.010 of the Orange Municipal Code (Buildings and Construction – California Energy Code – California Energy Code Adopted by Reference) is revised to read as follows:

15.54.010 California Energy Code Adopted by Reference.

For the purpose of prescribing regulations for building energy compliance, the following construction code, subject to the modifications set forth in this Chapter, is hereby adopted: the California Energy Code, 2022 Edition, as published by the California Energy Commission.

SECTION XXVII:

Section 15.55.010 of the Orange Municipal Code (Buildings and Construction – International Property Maintenance Code – International Property Maintenance Code Adopted by Reference) is revised to read as follows:

15.55.010 International Property Maintenance Code Adopted by Reference.

For the purpose of prescribing regulations for building maintenance the following construction code subject to the modifications set forth in this chapter, is hereby adopted: the International Property Maintenance Code, 2021 Edition, as published by the International Code Council.

101.1 Title. These regulations shall be known as the International Prope rty Maintenance Code of City of Orange, hereafter referred to as “this code”.

102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes or occupancy, shall be done in accordance with the procedures and provisions of the most current California Codes adopted by the City of Orange. Any reference to an International Code will be viewed as conformity to the adopted California Codes.

103.1 Creation of agency. The Public Works and Community Development Departments are hereby created and the official in charge thereof shall be known as the code official.

The function of the agencies shall be the implementation, administration, and enforcement of the provisions of this code.

302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of six (6) inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destr oy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 109.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and 985
15 destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

304.14 Insect screens. Annually, 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 consump tion are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 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.

602.3 Heat supply. 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 to a minimum temperature of 68° F in all habitable rooms, bathrooms, and toilet rooms.

602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat to a minimum temperature of 65° F during the period the spaces are occupied.

SECTION XXVIII:

Chapter 15.56 of the Orange Municipal Code (Buildings and Construction – California Elevator Safety Code) is hereby deleted in its entirety.

SECTION XXIX:

Section 15.57.010 of the Orange Municipal Code (Buildings and Construction – California Historic Building Code – California Historic Building Code Adopted by Reference) is revised to read as follows:

15.57.010 California Historic Building Code Adopted by Reference.

For the purpose of prescribing regulations for historic building regulations, the following construction code is hereby adopted: the California Historic Building Code, 2022 Edition, as published by the California Building Standards Commission.

SECTION XXX:

The first paragraph of Section 15.60.210.D of the Orange Municipal Code (Buildings and Construction – Flood Damage Prevention – Mudslide (i.e., Mudflow) - Prone Areas) is revised to read as follows, with the remainder of Section 15.60.210.D unchanged:

D. Based on the Flood Insurance Rate Map, the following standards shall comply with the California Residential or Building Code as applicable:

986
16 SECTION XXXI:

If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.

SECTION XXXII:

The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect the later of thirty (30) days from and after the date of its final passage or January 1, 2023.

ADOPTED this ____ day of ___________________, 2022.

Mark A. Murphy, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of _________ ______, 2022, and thereafter at the regular meeting of said City Council duly held on the ___ day of _ ______________, 20 22, was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

________________________________________
Pamela Coleman, City Clerk, City of Orange
987
Agenda Item
City Council
Item #: 8.2. 10/11/2022 File #: 22-0562
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Public Hearing to consider adoption of the 2022 Edition of the California Fire Code amending Title 15 of the Orange Municipal Code. Resolution No. 11417 and Ordinance No. 07-22.

2. SUMMARY
Effective January 1, 2023, the 2022 California Fire Code will go into effect and be binding on the City.

Any changes or modifications to the 2022 California Fire Code must be adopted before January 1 to become effective. State law requires any changes or modification to the California Fire Code be supported by findings related to local conditions. Resolution No. 11417 contains the appropriate and necessary findings to support the recommended changes to the 2022 California Fire Code found in Ordinance 07-22.

Ordinance 07-22 repeals and replaces Chapter 15.32 of the Orange Municipal Code (City of Orange Fire Code) so that it can be updated with the 2022 California Fire Code and portions of the International Fire Code with appropriate revisions ensuring compatibility with local City conditions.

3. RECOMMENDED ACTION

1. Adopt Resolution No. 11417. A Resolution of the City Council of the City of Orange setting forth findings with respect to local conditions within the City of Orange justifying modifications and changes to the California Fire Code.

2. Introduce and conduct First Reading of Ordinance No. 07-22. An Ordinance of the City Council of the City of Orange deleting Chapter 15.32, City of Orange Fire Code, in its entirety and adding Chapter 15.32, adopting and amending the 2022 California Fire Code and portions of the 2021 International Fire Code as the City of Orange Fire Code, to Title 15 (Buildings and Construction) of the Orange Municipal Code.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
d. Develop and implement effective community outreach services and programs to promote City of Orange Printed on 10/5/2022Page 1 of 2
powered by Legistar™
988
Item #: 8.2. 10/11/2022 File #: 22-0562
public safety.

6. DISCUSSION AND BACKGROUND
Background:

The Orange City Fire Department is responsible for enforcing standards and regulations of the State Fire Marshal. Portions of the State Fire Marshal’sstandards are incorporated in the 2022 California Fire Code, which is based on the International Fire Code and updated periodically as necessary by the California Building Standards Commission. Every three (3) years, a new International Fire Code and California Fire Code are published. The City is subject to the California Fire Code, as written, effective January 1, 2023, unless the City adopts amendments to that Code, supported by local findings reasonably supporting such amendments. The City must adopt any portion of the International Fire Code it wishes to follow.

Discussion:

The Fire Prevention Division of the Services Section of the Fire Department has reviewed the 2022 California Fire Code and recommends repealing and replacing Chapter 15.32 of the Orange Municipal Code to update the “City of Orange Fire Code” in a comprehensive and logical manner.

The proposed amendments have been written to ensure compatibility with the California Fire Code and local conditions and do not reflect substantive changes in the previous “City of Orange Fire Code”nor a significant departure from the California Fire Code. Attached is a copy of the ordinance that replaces the “City of Orange Fire Code.”

7. ATTACHMENTS
· Resolution No. 11417
· Ordinance No. 07-22
City of Orange Printed on 10/5/2022Page 2 of 2
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989
Agenda Item
City Council
Item #: 8.2. 10/11/2022 File #: 22-0562
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Public Hearing to consider adoption of the 2022 Edition of the California Fire Code amending Title 15 of the Orange Municipal Code. Resolution No. 11417 and Ordinance No. 07-22.

2. SUMMARY
Effective January 1, 2023, the 2022 California Fire Code will go into effect and be binding on the City.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
d. Develop and implement effective community outreach services and programs to promote City of Orange Printed on 10/5/2022Page 1 of 2
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990
Item #: 8.2. 10/11/2022 File #: 22-0562
public safety.

6. DISCUSSION AND BACKGROUND
Background:

Discussion:

7. ATTACHMENTS
· Resolution No. 11417
· Ordinance No. 07-22
City of Orange Printed on 10/5/2022Page 2 of 2
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991
RESOLUTION NO. 11417

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE SETTING FORTH FINDINGS

WITH RESPECT TO LOCAL CONDITIONS

WITHIN THE CITY OF ORANGE JUSTIFYING

MODIFICATIONS AND CHANGES TO THE
CALIFORNIA FIRE CODE.

WHEREAS, the Health & Safety Code provides that the City of Orange shall be governed by the same requirements as those found in the California Fire Code unless the City Council acts to change the requirements; and

WHEREAS, the Health & Safety Code permits the City Council to make such changes or modifications to the California Fire Code as are reasonably necessary because of local conditions; and

WHEREAS, the Health & Safety Code requires that the City Council, before making any changes or modifica tions to the California Fire Code, shall make express findings that such changes or modifications to the Code are reasonably necessary because of local climatic, geographic, or topographic conditions; and

WHEREAS, the Fire Chief has recommended amendments to the 2022 California Fire Code as set forth in Ordinance 07-22 as a result of local climatic, geographical and topographical conditions set forth herein.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows:

1. The foregoing recitals are true and correct.

2. The City Council finds the following local climatic, geographical and topographical conditions exist in the City of Orange:

I. Climatic Conditions

A. The jurisdiction of Orange is located in a semi -arid Medite rranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration).

In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the City. Obstacles generated 992
2 by a strong wind, such as fallen trees, street lights and utility poles, and the requirement to climb 75 feet vertically up flights of stairs will greatly impact the response time to reach an incident scene. Additionally, there is a significant increase in the amount of wind force at 60 feet above the ground.

Use of aerial type fire fighting apparatus above this height would place rescue personnel at increased risk of injury.

B. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the Orange City Fire Department’s ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the City.

C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already -taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on -site fire protection features. It would also leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water to floors in a fire.

D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high -density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.

II. Topographical Conditions

A. Natural slopes of 15 percent or greater generally occur t hroughout the foothills of the C ity of Orange. The community of O range has built and continues to build upon hills located within the city. The topography of the hills increases the time it takes to reach buildings, facilities and premises by creating the need for responding emergency vehicles to climb varying grades, some of which are steep. Additionally, topography determines the configuration of the access roads in the hills, sometimes creating circuitous routes which are difficult for large, heavy vehicles to navigate. With much of the populated flatlands already built upon, future growth will occur on steeper slopes and greater constraints in terrain.
993
3 B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Orange.

C. These topographical conditions combine to create a situation which extends fire department response times to fires and other emergencies involving the built environment, and makes it necessary to provide automatic on-site fire- extinguishing systems and other protection measures to protect occupants and property.

III. Geological Conditions

The City of Orange, in the Orange County region, is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size that the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northern, eastern and central areas of the City. The Newport -Inglewood Fault, located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which too k 120 lives and damaged buildings in an area from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the jurisdiction of Orange at an unknown fault line. Regional planning for reoccurrence of earthquakes is recom mended by the state of California, Department of Conservation.

A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities bec ause it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings. The October 17, 19 89, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina Fire was difficult to cont ain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on -site fire protection for building occupants. State Department of Conservation noted in its 1988 report (Planning Scenario on a Major Earthquake on the Newport -Inglewood Fault Zone, page 59), “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.”

B. Road circulatio n features located throughout Orange can be compromised during seismic and meteorological events. Located within the City are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design accompanied with occasional heavy rainfall, cause roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Orange that naturally have extended emergency response times that exceed the 5 minute goal.
994
4 C. Soils throughout the City possess corrosive properties that reduce the expected usable life of water services when metallic pipes in contact with soils are utilized.

D. Portions of the City contain active or former flammable gas and/or liquid production fields, as well as methane-producing closed landfills. These areas contain a variety of naturally occurring gases, liquids and vapors. These compounds present toxicity or flammability hazards to building occupants.

Evaluation of these hazards and the risks they pose to development is necessary implement appropriate mitigation.

IV. Summary

Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets , and the expected infrastructure dama ge inherent in seismic zone described above, it is prudent to amend building standards adopted by the City of Orange to address these hazards and their respective risks. Part of the strategy to reduce risks includes the installation of automatic fire sprinkler systems, with the goals of mitigating extended fire department response time and keep ing fires manageable with reduced fire flow (water) requirements for a given structures. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange City Fire Department.

ADOPTED this ____ day of _____________________, 2022

_______________________________________
Mark A. Murphy, Mayor, City of Orange

ATTEST:

________________________________________
Pamela Coleman, City Clerk, City of Orange

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of t he City of Orange at a regular meeting thereof held on the ____ day of _____________________, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

________________________________________
Pamela Coleman, City Clerk, City of Orange
995
ORDINANCE 07-22

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF ORANGE DELETING CHAPTER

15.32, CITY OF ORANGE FIRE CODE, IN ITS
ENTIRETY AND ADDING CHAPTER 15.32,
ADOPTING AND AMENDING THE 2022

CALIFORNIA FIRE CODE AND PORTIONS OF
THE 2021 INTERNATIONAL FIRE CODE AS THE
CITY OF ORANGE FIRE CODE, TO TITLE 15
(BUILDINGS AND CONSTRUCTION) OF THE
ORANGE MUNICIPAL CODE.

WHEREAS, the City of Orange Fire Department is responsible for enforcing the fire and safety regulations of the State Fire Marshal; and

WHEREAS, the State Fire Marshal’s building standards regulations are incorporated in the 2022 California Fire Code; and

WHEREAS, the City is subject to the California Fire Code, as written, effective January 1, 2023, unless the City adopts amendments to said Code, with the appropriate findings supporting such amendments; and

WHEREAS, cities are allowed to make amendments to State building standards when justified by local topographical, climactic and geographical conditions; and

WHEREAS, contemporaneously herewith , the City Council has made appropriate findings that justify amendments to the California Fire Code based on local topographical, climactic and geographical conditions in Resolution No. 11417; and

NOW, THEREFORE, the City Council of the City of Orange does ordain as follows:

SECTION I:

Chapter 15.32, City of Orange Fire Code, is deleted in its entirety and is hereby replaced with Chapter 15.32, adopting the 2022 California Fire Code including appendices B, BB, C, and CC, as copyrighted in 2022 by the International Code Council and the Ca lifornia Building Standards Commission, to read as follows:

Chapter 15.32 CITY OF ORANGE FIRE CODE

15.32.010 Adoption by Reference

The City Council adopts by reference the California Fire Code, 2022 Edition, including appendices B, BB, C and CC , as copyrighted by the International Code Council and California 996
2 Building Standards Commission, as hereinafter amended, modified or altered. Such Codes are adopted by reference, for the purpose of safeguarding the public from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises. One copy of the code has been and is now on file in the office of the City Clerk, and the code is adopted by reference as if incorporated and set out at length in this chapter. The provisions therein shall be controlling within the limits of the City of Orange and shall be designated, known and referred to as the Orange City Fire Code.

15.32.020 Amendments to the 2022 California Fire Code

The following sections of the California Fire Code, 2022 Edition are amended, modified or altered as follows:

101.1 Title. These regulations shall be known as the Orange City Fire Code, hereinafter referred to as “this code.”

103.1 Creation of agency. [Amended] The Orange City Fire Department is hereby created and the official in charge of the Fire Prevention Division thereof shall be known as the fire code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.

103.2 Appointment. [Amended] The fire code official shall be appointed by the fire chief and may be removed at any time.

105.1.1 Permits required. [Amended] A property owner or owner’s authorized agent who intends to conduct an operation or business, or install or modify systems and equipment that are regulated by this code, or to cause any such work to be performed, shall first make application to the fire code official and obtain the required permit. The permit shall be required to conduct an operation or business, or install or modify systems and equipment which is regulated by this code, or to cause any such work to be done.

105.5.18 Flammable and combusti ble liquids. [Amend only items 10 and 11 ] An operational permit is required:

10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental, or manufacturing establishments in accordance with Section 5706.5.4.

11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles , marine craft, and other special equipment at commercial, industrial, governmental, or manufacturing establishments in accordance with Section 5706.5.4.

105.5.31 Miscellaneous combustible storage. [Amended] An operational permit is required to store in any building or upon any premises in excess of 2 ,500 cubic feet gross volume of combustible empty packing cases, boxes, barrels or similar containers, combustible pallets, rubber tires, rubber, cork, green waste, composting, yard waste, or similar combustible material.

997
3 105.5.55 Day-care. [Added] An operational permit is required to operate a day-care center.

105.5.56 Mid-rise buildings. [Added] An operational permit is required to operate a mid -rise building.

105.5.57 High-rise buildings. [Added] An operational permit is required to operate a high -rise building.

106.2.1 Information on construction documents. [Amended] Construction documents shall be drawn to scale upon suitable material. Documents in digital format are allowed where approved by the fire code official. Plans shall be submitted in accordance with the City of Orange Building Division Plan Submittal Guidelines. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that will conform to the provisions of this code and relevant laws, ordinances, rules and regulations as determined by the fire code official.

112.2.1 Fire and life safety hazards. [Added] Persons operating, maintaining or controlling any building, occupancy, facility, premises or vehicle subject to this code shall neither create, nor allow to exist, any condition deemed a fire or life safety hazard by the fire code official.

112.4 Violation penalties. [Amended] Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be prosecuted in accordance with Chapter 1.08 of the Orange Municipal Code. Each day that a violation continues shall be deemed a separate offense.

202 General Definitions [Amended]

FLOW-LINE. [Added] The lowest continuous elevation on a curb defined by the path traced by a particle in a moving body of water at the bottom of the rolled curb.

HAZARDOUS FIRE AREA. [Added] Includes all areas identified within Section 4906.2 and other areas as determined by the Fire Code Official as presenting a fire hazard due to the presence of combustible vegetation, or the proximity of the property to an area that contains combustible vegetation.

MID-RISE BUILDING. [Added] Every building of any type of construction or occupancy, when originally constructed with high -rise conditions under local ordinance at the time of construction, having floors used for human occupancy located between 55 feet and 75 feet above the lowest floor level having building access.

SPARK ARRESTER . [Added] A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

998
4 1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Removing and retaining carbon and other flammable particles/debris from fireplaces that burn solid fuel in accordance with California Building Code Chapters 21 or 28. 304.1.2 Vegetation. [Amended] Types, amounts, and arrangements of w eeds, grass, vines and other growth that is capable of being ignited and endangering property, within the scope of Orange City Fire Department Guid elines, shall be cut, thinned, or removed by the owner or occupant of the premises as required by the Orange City Fire Department Guideline entitled “Vegetation Management Guideline - Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program”. Vegetation clearances in urban -wildland interface areas shall be in accordance with Chapter 49.

307.1 General. [Amended] A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless constructed and approved in accordance with Sections 307.1.1 through 307.6.2.1.

307.1.2 Fuel modification areas. [Added] Outdoor fires using wood or other solid fuel shall not be built, ignited or maintained in a fuel modification area.

307.2.2 Hazardous conditions. [Added] Outdoor fires are not allowed when predicted sustained winds exceed 8 MPH during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.

Exception: Gas-fueled devices operated in accordance with 307.6.1.

307.4.4 Disposal of rub bish. [Added] Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.

307.5.1 Supervision. [Added] Where a permit is issued, such open burning or fire shall be supervised by a person 18 years of age or older.

307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at premises containing Group R Occupancies. [Added] Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at premises containing Group R occupancies shall comply with this section.

Exception: Barbeques, grills, and other portable devices intended solely for cooking.

307.6.1 Gas-fueled devices. [Added] Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the City of Orange Building Division and the device is designed to only burn a gas flame and not wood or other solid fuel. At premises containing Group R division 3 occupancies, combustible construction shall not be located within 3 feet of an atmospheric column that extends vertically from the perimeter of the device. 999
5 At premises containing other than Group R division 3 occupancies, the minimum distance shall be 10 feet. Where a permanent hood and vent is installed and approved by the City of Orange Building Department, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have an approved spark arrester meeting the requirements of Section 2113.9.2 of the California Building Code.

307.6.2 Devices using wood or fuels other than natural gas or liquefied -petroleum gas. [Added] Fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code. Fires in a fireplace shall be contained within a firebox with an attached chimney equipped with a spark arrester. The spark arrester shall meet the requirements of Section 2113.9.2 of the Califo rnia Building Code. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.

The burning of wood or other solid fuel in a device is not allowed within 15 feet of combustible structures, unless within a permanent or portable fireplace. Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.

307.6.2.1 Where prohibited. [Added] The burning of wood and other solid fuels shall not be conducted within a fuel modification zone. Wood and other solid fuel burning fires in devices other than permanent fireplaces are not allowed within Wildfire Risk Areas (WRA) and Wildland- Urban Interface Areas (WUI) or in locations where conditions could cause the spread of fire to the WRA or WUI unless determined by the fire code official that the location or design of the device should reasonably prevent the start of a wildfire.

308.1.6.4 Model rockets or similar devices . [Added] A person shall not release or cause to be released a model rocket or similar device, fueled by flammable or combustible liquids or gases, or fueled by solid explosive propellant means.

324 Fuel Modification Requirements for New Construction . [Added] All new structures and facilities adjoining land containi ng hazardous combustible vegetation shall be approved and in accordance with the requirements of the Orange City Fire Department Guideline, “Vegetation Management Guideline - Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”

325 Clearance of brush or vegetation growth from roadways. [Added] The fire code official is authorized to cause areas within 10 feet on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible g rowth. Measurement shall be from the flow -line or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as g round covers, provided that they do not form a means of readily transmitting fire in the opinion of the fire code official.

1000
6 326 Vegetation management alternate materials and methods . [Added] The fire code official is authorized to require and approve alternate materials and methods to comply with the vegetation management requirements if the fire code official determines that any of the following conditions exist:

1. Difficult terrain.

2. Danger of erosion.

3. Presence of plants included in any state and federa l resources agencies, California Native Plant Society and county -approved list of wildlife, plants, rare, endangered and/or threatened species.

4. Stands or groves of trees or heritage trees.

5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.

Acceptance of alternate materials and methods will be made on a case-by-case basis, and shall not set precedent.

327 Use of equipment. [Added] Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 and maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.

Exceptions:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the California Vehicle Code.

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no ex haust bypass to the atmosphere, and the turbocharger is in good mechanical condition

327.1 Spark arresters. [Added] Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 324 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

328 Development on or near land containing or emitting toxic, combustible or flammable liquids, gases or vapors. [Added] The fire code official may require the submittal for approval of geological studies, evaluations, reports, remedial recommendations and/or similar documentation from a state-licensed and department-approved individual or firm, on any parcel of 1001
7 land to be developed which has, or is adjacent to, or within 1,000 feet of a parcel of land that has an active, inactive, or abandoned oil or gas well operation, petroleum or chemical refining facility, petroleum or chemical storage, or may contain or give off toxic, combustible or flammable liquids, gases or vapors.

329 Restricted entry. [Added] The fire code official shall determine and publicly announce when hazardous fire areas are closed to entry and when such areas are again opened to entry. Entry on and occupation of hazardous fire areas, except public roadways, inhabited areas or established trails and camp sites which have not been closed during such time when the hazardous fire area is closed to entry, is prohibited.

Exceptions:

1. Residents and owners of private property within hazardous fire areas and their invitees and guests going to or being upon their lands may enter when an area is closed if given permission by the fire code official.

2. Entry into closed areas is allowed, in the course of duty, by peace or police officers, and other duly authorized public officers, members of a fire department and members of the United States Forest Service.

Chapter 4 : Emergency Planning and Preparedness. Only the sections , subsections, and amendments thereto listed below are adopted:

401-401.9
402
403.2
403.4 – 403.4.4
403.10.2.1.1
403.10.6
403.12-403.12.3
404.5-404.6.6
407

501.1 Scope. [Amended] Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, the Orange City Fire Department Guideline “Fire Master Plan for Commercial & Residential Development.”

503.2.1 Dimensions. [Amended] Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Street widths are to be measured from the top face of curb to top face of curb, on stre ets with curb and gutter, and from flow-line to flow-line on streets with rolled curbs.

1002
8 503.2.1.1 Hazardous fire areas. [Added] Fire apparatus roads in hazardous fire areas shall have an unobstructed width of not less than 28 feet. The width shall be maintained to an approved point outside of the Hazardous Fire Area.

Exception: When the road serves no more than three dwelling units and the road does not exceed 150 feet in length, the road width may be reduced 24 feet. This length may be increased to 400 feet where serving no more than three dwelling units and all structures accessed from the roadway are protected by automatic fire sprinklers.

503.2.1.2 Divided fire access roads. [Added] Divided fire access roads shall be subject to review and approval by the fire code official. Each lane shall be a minimum width of 14 feet. Lengths and locations of specific divided sections shall be approved by the fire code official.

503.2.5 Dead ends . [Amended] Dead -end fire apparatus access roads in exces s of 150 feet in length shall be provided with an approved area for turning around fire apparatus , and shall not exceed 600 feet in length.

503.6 Security gates. [Amended] The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators , where provided, shall be equipped with an automatic opening device, listed in accordance with UL 325, in addition to a key opening switch. Gates intended for automatic operation shall be designed, constructed , and installed to comply with the requirements of ASTM F 2200. Vehicle access gates or barriers shall be in accordance with the City of Orange Fire Master Plan Guidelines.

503.6.1 Electric gate operator signage. [Added] Where electric gate operators are provided with an automatic opening device, signage shall be placed at ingress and egress side of gate. The sign shall consist of letters having a principal stroke of not less than ½ inch wide and not less than 4 inches high on contrasting, reflective background.

505.1 Address Identification. [Amended] New and existing buildings shall be provided with approved address identification. The identification shall be legible and placed in a position that is visible from the st reet or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters.

Numbers shall not be spelled out. Each character shall not be less than 4 inches high with a minimum stroke width of ½ inch for R-3 occupancies. For all other occupancies, the identification shall be a minimum of 8 inches high with a minimum stroke width of 1 inch, and shall be approved by the fire code official. Address numbers shall be illuminated during the hours of darkness. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained.

505.1.1 Building complexes. [Added] Approved diagrammatic representations shall be positioned at all entrances to building complexes. The diagrammatic representations shall show the overall 1003
9 site, location of the viewer, buildings and units and the addresses or unit designations wit hin the complex, and shall be internally or externally illuminated as approved during the hours of darkness.

510.1 Emergency responder radio coverage in new buildings. [Amended] New buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. Notwithstanding the following exceptions, structures of non-combustible construction shall be provided with infrastructure, at construction, to accommodate potential of future requirement.

Exceptions:

1. Where it is determined by the fire code official that the radio coverage system is not needed.

2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.

3. Elevators.

4. Structures that are three stories or less without subterranean storage or parking and that do not exceed 50,000 square feet on any single story.

5. Wood-constructed residential structures four stories or less without subterranean storage or parking that are not built integral to an above ground multi -story parking structure.

6. Structures that are three stories or less and do not exceed 50,000 square feet on any single story, including subterranean storage or parking, shall be provided with coverage only in the subterranean areas.

7. Existing buildings or structures, unless required by the fire code official for buildings and structures undergoing extensive remodel and/or expansion.

510.2 Emergency responder radio coverage in existing buildings . [Amended] A third- party test report shall be conducted to ver ify need for coverage, when determined as necessary, at the discretion of the fire code official.

510.4.1.1 Minimum signal strength into the building. [Amended] The minimum inbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The inbound signal level shall be sufficient to provide not 1004
10 less than a Delivered Audio Quality (DAQ) of 3. 4 or an equivalent Signal -to-Interference-Plus- Noise Ratio (SINR) applicable to the technology for either analog or digital signals.

510.4.1.2 Minimum signal strength out of the building. [Amended] The minimum outbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The outbound signal level shall be sufficient to provide not less than a DAQ of 3. 4 or an equivalent SINR applicable to the technology for either analog or digital signals.

510.4.2.2 Technical criteria. [Amended] The fire code official shall maintain a document providing the specific technical information and requirements for the emergency responder radio coverage system. This document shall contain, but not be limited to, the various frequencies required, the location of radio sites, effective radiated power of radio sites, the maximum propagation delay in microseconds, the applications being used and other supporting technical information necessary for system design.

1. The frequency range supported from the 800 MHz Co untywide Communications System shall be 851-861 MHz (base transmitter frequencies).

2. The frequency range supported to the 800 MHz Countywide Communications System shall be 806-816 MHz (radio field transmit frequencies).

3. A public safety radio amplification system shall include filters to reject frequencies below 851 MHz and frequencies above 861 MHz by a minimum of 35dB.

4. All system components must be 100 percent compatible with analog and digital modulations after installation without adjustments or modifi cations. The systems must be capable of encompassing the frequencies stated herein and capable of future modifications to a frequency range subsequently established by the jurisdiction.

5. Active devices shall have a minimum of -50 dB 3rd order intermodulation protection.

6. All active in-building coverage devices shall be FCC Part 90 Type Certified

510.5.3 Minimum qualifications of personnel. [Amended] The minimum qualifications of the system designer and lead installation personnel shall include both of the following:

1. A valid FCC-issued general radio operator’s license.

2. Certification of in-building system training issued by an approved organization or approved school, or a certificate issued by the manufacturer of the equipment being installed.

510.5.4 Acceptance test procedure. [Amending only item 7] When an in-building, two -way emergency responder radio coverage system is required, and upon completion of installation, the building owner shall have the radio system tested to ensure that two -way coverage on each floor of the building is not less than 95 percent. The test procedure shall be conducted as follows: … 1005
11 7. As part of the installation a spectrum analyzer or other suitable test equipment shall be utilized to ensure spurious oscillations are not being generated by the subject signal booster. This test shall be conducted at the time of installation and subsequent annual inspections. by the FCC licensed technician hired by the property owner and an OCSD/Communications Division FCC-certified technician.

510.6.1 Testing and proof of compliance. [Amended]
The owner of the building or owner’s authorized agent shall have the emergency responder radio coverage system inspected and tested annually or when structural changes occur including additions or remodels that could materially change the original field pe rformance tests. Testing shall consist of the following:

1. In-building system components shall be tested to determine general functional operability.

2. Signal boosters shall be tested to ensure that the gain is the same as it was upon initial installation and acceptance.

3. Backup batteries and power supplies shall be tested under load of a period of one hour to verify that they will properly operate during an actual power outage. If within the 1 -hour test period the battery exhibits symptoms of failure, the test shall be extended for additional 1-hour periods until the integrity of the battery can be determined.

4. Other active components shall be checked to verify operation within the manufacturer’s specifications.

At the conclusion of the testing, a certification report, which shall verify compliance with Section 510.5.3, shall be submitted by the FCC licensed technician to OCSD Communications and the fire code official. Failure to submit to the fire code official shall constitute a violation a nd will be prosecuted in accordance with Section 110.4.

If noncompliance is found, the FCC licensed technician will assess improvements necessary and provide such information to OCSD Communications and the fire code official. The report shall be submitted to the fire code official within 14 days of failed test.

605.10.2 Automatic and manual operation. [Amended] An automatic emergency stop feature shall be provided in accordance with Sections 605.10.2.1 and 605.10.2.2., and shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room, in a secure metal box or equivalent and marked as “Emergency Controls.”

901.6.1.1 Maintenance of smoke alarms in apartment buildings. [Added] Installation and maintenance of smoke alarms in apartment buildings shall conform to the following:

1. Apartment building owners shall supply, install, test and maintain all required smoke alarms before renting to a new tenant. The amount and types of smo ke alarms shall 1006
12 conform to the California Building Code in effect at the time of building construction and requirements for existing buildings.

2. The tenant shall be responsible for testing of all required smoke alarms in accordance with manufacturer instructions in his/her respective dwelling unit. Within 60 days of the first of each year, the owner shall request each tenant for the status of all smoke alarms.

3. Within 10 days of receiving the smoke alarm status request, and in no event l ater than March 10 of each year, each tenant shall notify the owner, in writing, on a form provided by the owner, of the condition of each required smoke alarm installed in the dwelling unit.

4. Upon receipt of a written notice from a tenant that a smoke alarm is in need of maintenance or replacement, the owner shall perform such maintenance as is necessary within 10 days of receipt of such notification.

5. The hotel or apartment owner shall maintain records of compliance for a period of three years from March 10 of each year.

903.2 Where required . [Amended] Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists and in the locations described in Sections 903.2.1 through 903.2.12 and Sections 903.2.14 through 903.2.21, as applicable.

New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.21, all buildings shall be protected throughout by an automatic fire sprinkler system when the total building area exceeds 5,000 square feet in Types I, II, III and IV construction, and 3,000 square feet in Type V construction as defined in the California Building Code, regardless of fire areas or allowable area.

Exceptions:

1. Buildings with areas reduced to less than that requiring fire sprinklers using 3 -hour rated fire walls, or greater as determined by code for assembly occupancies, constructed in accordance with the California Building Code Chapter 7.

Existing Buildings: Notwithstanding any applicable provisions of this code, an existing building shall be protected throughout by an automatic fire sprinkler system when the building meets the conditions for required automatic fire sprinkler protection throughout, and one or more of the following conditions occurs:

1. An area increase of 33% or more is made to a building, resulting in an area requiring installation of an automatic fire sprinkler system in a new building.

Exception: Buildings housing Group R-3 occupancies shall be protected throughout by an automatic fire sprinkler system when the area of the building is modified, resulting in an area exceeding 5,000 square feet.
1007
13 2. A change is made to the occupancy classification and use of the building which increases the level of hazard as determined by the fire code official. When the occupancy is changed to an assembly use, the requirements of Section 903.2.1 shall apply.

3. A significant modification is made to the building, or a modification impact ing approximately 50% the structural system of the building as determined by the fire code official.

903.3.5.3 Hydraulically calculated systems. [Added] The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity. The cap acity shall be calculated using a combination of the following criteria:

1. The lowest water supply flow test conducted in accordance with National Fire Protection Association (NFPA) within the last 12 calendar months.

903.4.4 Locking of control valves. [Added] All valves required to be electrically supervised by this section shall also be sealed or locked in the position of normal operation.

904.3.5 Monitoring. [Added] Where a building fire alarm or monitoring system is installed, automatic fire-extinguishing systems shall be monitored by the building fire alarm or monitoring system in accordance with NFPA 72.

905.4.3 Height of outlet . [Added] The centerline of the 2.5 inch outlet shall be no less than 18 inches and no more than 24 inches above the finished floor.

Chapter 11 Construction Requirements for Existing Buildings. Only those sections and subsections listed below are adopted:

1103.3.3
1103.7
1103.7.3
1103.7.3.1
1103.7.8 – 1103.7.8.2
1103.7.9 – 1103.7.9.10
1103.8 – 1103.8.5.3
1103.9.1
1107
1113
1114
1115
1116

Chapter 25 Fruit and Crop Ripening. [Deleted]

Chapter 26 Fumigation and Insecticidal Fogging. [Deleted] 1008
14 2801.2 Permits. [Amended] A permit shall be required as set forth in Sections 105.5 and 105.5.27.

2808.2 Storage site. [Amended] Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned and approval obtained from the fire code official before transferring products to the site.

2808.3 Size of piles or stacks. [Amended] Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length. Stackable products shall not be stacked in excess of 20 feet in height, 50 feet in width and 100 feet in length.

2808.3.1 Increase in pile or stack size. [Amended] Piles or stackable products are permitted to be increased beyond the dimensions in Section 2808.3, provided that a written fire protection plan is approved by the fire code official. Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features. The fire protection plan shall include, but is not limited to, the following:

[Adopt all subsections including the following amendments].

1. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in emergency situation.

4. The potential for spontaneous heating shall be evaluated and provisions made to control the temperature of the piles. Methods for monitoring the internal temperature of the pile shall be provided. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable.

2808.7 Pile fire protection . [Amended] Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.

2808.9 Material-handling equipment. [Amended] All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester.

Approved material -handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations.

3208.3.1 Flue space protection. [Amended] Flue spaces required by Table 3208.3 above the first tier of storage in single-, double- or multiple-row rack storage installations shall be equipped with approved protection devices. Devices shall be fabricated of ¼” minimum thickness steel or other 1009
15 approved material and shall extend a minimum of 4 inches above the shelves or cross members when in the mounted position. Such devices shall not be removed or modified.

4906.3 Application. [Amended] All new plantings of vegetation in State Responsibility Areas (SRA) and Local Responsibility Areas (LRA) designated as a Very High Hazard Severity Zone shall comply with Section 4906.3 through 4906.5, and Orange City Fire Department Guideline “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”

4906.5 Fuel Modification Requirements for New Construction. [Added] All new buildings to be built or installed in a Very High Fire Hazard Severity Zone shall comply with the following:

1. Preliminary fuel modification plans shall be submitted to and approved by the fire code official prior to or concurrently with the approval of any tentative map.

2. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit.

3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of Orange City Fire Department Guideline “Vegetation Management G uideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”

4. The fuel modification plan shall include provisions for the maintenance of the fuel modification in perpetuity.

5. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval from the fire code official.

6. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code.

4907.3 Requirements. [Amended] Hazardous vegetation and fuels around all applicable buildings and structure shall be maintained in accordance with the following laws and regulations:

1. Public Resources Code, Section 4291.

2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Section 1299.03 (see guidance for implementation “General Guideline to Create Defensible Space”).

3. California Government Code, Section 51182.

4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section

3.07. 5. Orange City Fire Department Guideline “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.” 1010
16 5003.1.1.1 Extremely Hazardous Substances. [Added] No person shall use or store any amount of extremely hazardous substances (EHS), as defined in 40 CFR part 355.61, in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al.) in a residentially zoned or any residentially developed property.

5004.12 Noncombustible floor. [Amended] Except for surfacing, floors of storage areas shall be of noncombustible, liquid-tight construction.

5601.2.2 Sale and retail display or use. [Amended] Persons shall not construct a retail disp lay nor offer for sale explosives, explosive materials or fireworks on highways, sidewalks, public property or in Group A or E occupancies. The storage, use, sale, possession, and handling of fireworks 1.4G (commonly referred to as Safe & Sane) and fireworks 1.3G is prohibited.

Exceptions:

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

2. Fireworks 1.4G and fireworks 1.3G may be part of an electrically fired public display when permitted and conducted by a licensed pyrotechnic operator

5601.7 Seizure . [Amended] The fire code official shall have the authority to seize, take, and remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials, or fireworks offered or exposed for sale, stored, possessed, or used in violation of this chapter.

5608.1 General. [Amended] Outdoor fireworks displays, use of pyrotechnics before a proximate audience and pyrotechnic special effects in motion picture, television, theatrical and group entertainment productions shall comply with California Code of Regulations, Title 19, Division 1, Chapter 6 Fireworks, the Orange City Fire Department Guidelines for Public Fireworks Displays, with the conditions of the permit as approved by the fire code official and this section.

5608.2 Firing. [Added] All fireworks displays shall be electrically fired.

5608.3 Permits. [Added] A permit shall be required as set forth in Sections 105.5.

5608.3.1 Application for Permit. [Added] The application for permit shall include a dimensioned or scaled diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged. The fallout area shall be identified based on 100 feet per inch of shell size. Details shall include, but not limited to, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions.

5701.1.1 On-Demand Mobile Fueling. [Added] On-demand mobile fueling of Class I, II, and III liquids into the fuel tanks of vehicles is prohibited.
1011
17 5704.2.9.6.1 Location where above -ground tanks are prohibited. [Amended] Above-ground tanks shall be prohibited except for the following locations:

1. M-1 or M -2 zones as established by the Planning Division of the City of Orange Community Development Department, and as

2. As approved by the fire code official.

5704.2.11 Underground tanks. [Amended] Underground storage of flammable and combustible liquids in tanks shall comply with Section 5704.2 and Sections 5704.2.11.1 through 5704.2.11.4.2.1, the applicable Sections of Chapter 50, and California Health and Safety Code (H&SC) Ch. 6.7.

Section 5707 On-Demand Mobile Fueling Operations. [Deleted]

Section 5801.1 Scope. [Amended] The storage and use of flammable gases and flammable cryogenic fluids shall be in accordance with this chapter, NFPA 2 and NFPA 55. Compressed gases shall also comply with Chapter 53 and cryogenic fluids shall also comply wi th Chapter 55.

Flammable cryogenic fluids shall comply with Section 5806. Hydrogen motor fuel -dispensing stations and repair garages and their associated above-ground hydrogen storage systems shall also be designed, constructed and maintained in accordance with Chapter 23. Mobile fueling of gaseous and liquid hydrogen, compressed natural gas (CNG), and liquefied natural gas (LNG) into the fuel tanks of vehicles is prohibited.

Exceptions:

1. Gases used as refrigerants in refrigeration systems (see Section 605).

2. Liquefied petroleum gases and natural gases regulated by Chapter 61.

3. Fuel-gas systems and appliances regulated under the California Mechanical Code and the California Plumbing Code other than gaseous hydrogen systems and appliances.

4. Pyrophoric gases in accordance with Chapter 64.

Section 5809 Mobile Gaseous Fueling of Hydrogen-Fueled Vehicles. [Deleted]

6004.2.2.7 Treatment Systems. [Deleted and Replaced ] The exhaust ventilation from gas cabinets, exhausted enclosures and gas rooms, and local exhaust systems required in Sections 6004.2.2.4 and 6004.2.2.5 shall be directed to a treatment system. The treatment system shall be utilized to handle the accidental release of gas and to process exhaust ventilation. The treatment system shall be designed in accordance with Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Chapter 5 of the California Mechanical Code.

1012
18 Exceptions:

1. Highly toxic and toxic gases–storage/use. Treatment systems are not required for toxic gases supplied by cylinders or portable tanks not exceeding 1,700 pounds (772 kg) where all of the following controls are provided:

1.1 A listed or approved gas detection system with a sensing interval not e xceeding 5 minutes.

1.2 A listed and approved automatic-closing fail -safe valve located immediately adjacent to cylinder valves. The fail -safe valve shall close when gas is detected at the permissible exposure limit (PEL) by a gas detection system monitoring the exhaust system at the point of discharge from the gas cabinet, exhausted enclosure, ventilated enclosure or gas room. The gas detection system shall comply with Section 6004.2.2.10.

Chapter 80 Referenced Standards

NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems

9.4.3.1 [Amended] When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following:

1. Quick-response type as defined in 3.3.215.4.16

2. Residential sprinklers in accordance with the requirements of Chapter 12

3. Quick response CMSA sprinklers

4. ESFR sprinklers

5. Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers

6. Standard-response sprinklers used where individual standard -response sprinklers are replaced in existing light hazard systems

16.12.2 [Amended] The following systems shall not require a fire department connection:

(1) Buildings located in remote areas that are inaccessible for fire department support (2) Large-capacity deluge systems exceeding the pumping capacity for the fire department

1013
19 16.12.3.1 [Delete and Re place] The FDC shall contain a minimum of two 2 1/2" inlets. The location shall be approved and be no more than 40 feet from a fire hydrant, and at least 40 feet from the building it supplies unless otherwise approved by the fire code official. The size of piping and the number of inlets shall be approved by the fire code official. If acceptable to the water purveyor, it may be installed on the backflow assembly. Fire department inlet connections shall be painted "OSHA safety red." Four 2 1/2" inlets shall be provided when the automatic fire sprinkler system design (including system-supplied fire hose stream demand) requires 500 gpm or greater.

19.1.1.1 [Added] When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area. Warehouse fire sprinkler systems shall be designed to Figure 16.2.1.3.2 (d) curve “G”. Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted. Where a subsequent use or occupancy requires a system with greater capability, it shall be the responsibility of th e occupant to upgrade the system to the required density for the new use or occupancy.

NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes

7.1.2 [Delete and Replace ] The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.

NFPA 14, 2019 Edition, Standard for the Installation of Standpipe and Hose Systems

7.3.1.1 [Amended] Class I and III Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor.

NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances

6.2.8.1 [Added] All indicating valves controlling fire suppression water supplies shall be painted OSHA red.

Exceptions:

1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.

6.2.9 [Amended] All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:

1. A post indicator valve installed not less than 40 feet from the building.

1014
20 1.1 For buildings less than 40 feet (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 feet but at least as far from the building as the height of the wall facing the post indicator valve.

2. A wall post indicator valve.

3. An indicating valve in a pit, installed in accordance with Section 6.4.

4. A backflow preventer with at least one indicating valve not less than 40 feet from the building.

4.1 For buildings less than 40 feet in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 feet but at least as far from the building as the height of the wall facing the backflow preventer.

5. Control valves installed in a fire-rated room accessible from the exterior.

6. Control valves in a fire-rated stair enclosure accessible from the exterior.

10.1.5 [Added] All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose, 8 -mil polyethylene tube or sheet.

The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2 inch wide tape approved for underground use. Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings

10.4.1.1 Coatings. [Amended] All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.

Exception: [Added] Bolted joint accessories made from 304 or 316 stainless steel.

10.4.1.1.1 [Added] All bolts used in pipe-joint assembly shall be 316 stainless steel.

10.4.3.1 [Amended]Private fire service mains supplying fire protection systems within the building shall be permitted to extend no more than 24 inches, as measured from the outside of the building, under the building to the riser location.

10.4.3.2 [Amended] Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through 10.4.3.2.4.

Appendices D, E, F, G, H, I, J, K, L, M and N. [Deleted]

1015
21 SECTION II:

If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have pa ssed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.

SECTION III:

Neither the adoption of this Ordinance nor the amendment hereby of any other Ordinance of this City shall in any manner affect the prosecution for violations of Ordinances, which violations were committed prior to the effective date hereof, nor to be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this Ordinance, insofar as they are substantially the same as Ordinance provisions previously adopted by the City rela ted to the same subject matter, shall be constructed as restatements and continuations, and not as new enactments.

SECTION IV:

References to Prior Code – Unless superseded and expressly repealed, references in City forms, documents and regulations to the chapters and sections of former adopted Orange Fire Codes shall be construed to apply to the corresponding provisions within the 2022 Orange Fire Code. Ordinance 07-22 of the City of Orange and all other Ordinances and parts of Ordinances in conflict herewith are hereby superseded and expressly repealed.

SECTION V:

The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.

ADOPTED this ____ day of ________________, 2022.

_____________________________________
Mark Murphy, Mayor, City of Orange

ATTEST:

________________________________________
Pamela Coleman, City Clerk, City of Orange
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22 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of ______ _____, 2022, and thereafter at the regular meeting of said City Cou ncil duly held on the ___ day of __________, 2022, was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

________________________________________
Pamela Coleman, City Clerk, City of Orange

1017
Agenda Item
City Council
Item #: 8.3. 10/11/2022 File #: 22-0540
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Jeff Adams, Interim Community Development Director

1. SUBJECT
Continued Public Hearing to consider amendment to the Fiscal Year 2022-2023 Annual Action Plan to allocate HOME Investment Partnership funds to the Villa St. Joseph Affordable Housing project and approval of the preliminary award letter of HOME Investment Partnership funds to assist with gap funding needed to close on construction financing. (Continued from September 13, 2022) (Relates to Agenda Item 3.5)

2. SUMMARY
The U.S. Department of Housing and Urban Development requires the City to amend the Fiscal Year 2022-2023 Action Plan in order to allocate $651,244 in HOME Investment Partnerships funds to the Villa St. Joseph Affordable Housing project. The HOME funding will be used towards gap funding needed to close on construction financing as a result of increased construction costs and interest rates.

3. RECOMMENDED ACTION

1. Approve the submittal of the amended Fiscal Year 2022-2023 Action Plan to the U.S.

Department of Housing and Urban Development for the allocation of HOME funds to the Villa St.

Joseph Affordable Housing Project.

2. Authorize the appropriation of $127,487 from HOME (317) unreserved fund balance to 317.9661.56571.30210 - Rehab/Dev Loans - Villa St. Joseph.

3. Authorize the transfer of $523,757 from expenditure account number 317.9660.56510.11250 - HOME Developer Projects to expenditure account number 317.9660.56571.30210 Rehab/Dev Loans - Villa St. Joseph.

4. Authorize the City Manager to execute the preliminary award letter of $651,244 in HOME Investment Partnerships funds for the Villa St. Joseph Affordable Housing Project and for all Department of Housing and Urban Development documents related to this commitment.

5. Authorize the City Manager to make minor language changes or adjustments to commitment letter, agreement, and related documents if needed and execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this commitment is $651,244 and will be funded in Rehab/Dev Loans - Villa St. Joseph (30210) through HOME Investment Partnerships Program (317).

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community City of Orange Printed on 10/6/2022Page 1 of 3
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Item #: 8.3. 10/11/2022 File #: 22-0540
c: Support and enhance attractive, diverse living environments. e: Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects, and services.

6. DISCUSSION AND BACKGROUND
Mercy Housing California 107, L.P (Mercy Housing) is proposing to develop the Villa St. Joseph affordable housing project that will convert the existing vacant Sisters of St. Joseph Motherhouse into 50-dwelling units for seniors at 480 S. Batavia Street. The affordable housing development will have 49-rental units for seniors 62 and over and one managerial unit for staff.

In December 2021, Mercy Housing secured a four percent tax-exempt bond allocation from the California Debt Limitation Allocation Committee (CDLAC). However, as the project moved towards construction finance closing in June 2022, a $3.2 million gap was identified as a result of increased construction costs and interest. The City is providing financial assistance to fund $1.6 million of the $3.2 million financial gap request from Mercy Housing. This report is one of two on the October 11, 2022 agenda that addresses the financing for the proposed project. The other associated report addresses the Affordable Housing Loan Agreement that covers the three City funding sources being considered including:
· $651,244 in HOME Investment Partnerships (HOME) funds, of which:
o $127,487 is HOME Program Income, made up of the principal and interest repayment of previous HOME loans administered
o $523,757 in HOME entitlement funds
· $576,000 in Redevelopment set-aside funds
· $372,756 of development in-lieu fees
This report fulfills the additional requirement by the U.S. Department of Housing and Urban Development (HUD) to amend and submit the Fiscal Year 2022-2023 Annual Action Plan to HUD for the allocation of HOME funds to the project and hold a public hearing. The Action Plan identifies activities and funding sources the City intends to utilize to address the priority needs identified in the 2020-2024 Consolidated Plan required by HUD for the use of CDBG and HOME funds. The amended Action Plan was published for a 30-day public review period from August 4, 2022 through September 2, 2022. An extended review period for the amended Action Plan was published for an additional 12-days from September 29, 2022 through October 10, 2022 as a result of the Public Hearing being continued from the September 13, 2022 City Council Meeting. No public comments were received.

Per the Citizen Participation Plan, the City’sCommunity Development Block Grant (CDBG) Program Committee convened on August 16, 2022 to discuss the funding request from Mercy Housing. The Citizen Participation Plan is a HUD required document that outlines the City’sstrategy for ensuring the participation of citizens and other interested parties in the development of HUD related documents including the Action Plan. At the meeting, the CDBG Committee voted to recommend to Council the allocation of $651,244 in HOME funds to Mercy Housing California, LLC and amend the Fiscal Year 2022-2023 Action Plan to add the allocation.

The City worked collaboratively with the County of Orange to meet $3 million of the $3.2 million gap funding requested by Mercy Housing. The County of Orange approved $1.4 million in gap financing at its September 27, 2022 Board of Supervisors meeting for the project. Additionally, Mercy Housing was successful in receiving additional increased equity financing from Enterprise, its equity investor, City of Orange Printed on 10/6/2022Page 2 of 3
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Item #: 8.3. 10/11/2022 File #: 22-0540
was successful in receiving additional increased equity financing from Enterprise, its equity investor, to help close the remaining $200,000 gap still needed after the City’s $1.6 million financing commitment.

Actual project funding of the project with HOME funds will be contingent upon the completion of environmental review and approval by HUD. The City used the analysis completed by the County of Orange for the Environmental Assessment to complete the City’sEnvironmental Assessment (as required by HUD) for the project funding commitment. The environmental review determines if a project will have a significant impact on the quality of the human environment. The environmental assessment for the Villa St. Joseph Project did not identify any environmental impacts and was available for public review and comment from September 1, 2022 to September 15, 2022. No comments were received. The environmental assessment was submitted to HUD for review and approval on September 23, 2022 and expected to receive final approval by Friday, October 7, 2022.

The City also completed a subsidy layering and underwriting analysis to ensure that it does not invest any more HOME funds (alone or in combination with other funds) than are necessary for the project and to ensure that the owner’s/developer’sprofit or return on their investment is appropriate and reasonable, given the size, type, and complexity of the project.

In addition, the following requirements must be met by the applicant:
· Acquire firm commitments from all funding sources in sufficient amounts to complete the project;
· Meet all applicable requirements of the HOME Program (24 CFR Part 92); · Establish a budget and schedule, with borrower certifying that construction is ready to begin within 12 months; and
· Execution of the City’s HOME Loan documents.

7. ATTACHMENTS
· Draft Preliminary Award Letter
· 1st Amendment to the FY2022-2023 Annual Action Plan
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Agenda Item
City Council
Item #: 8.3. 10/11/2022 File #: 22-0540
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Jeff Adams, Interim Community Development Director

3. RECOMMENDED ACTION

1. Approve the submittal of the amended Fiscal Year 2022-2023 Action Plan to the U.S.

Department of Housing and Urban Development for the allocation of HOME funds to the Villa St.

Joseph Affordable Housing Project.

2. Authorize the appropriation of $127,487 from HOME (317) unreserved fund balance to 317.9661.56571.30210 - Rehab/Dev Loans - Villa St. Joseph.

5. Authorize the City Manager to make minor language changes or adjustments to commitment letter, agreement, and related documents if needed and execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this commitment is $651,244 and will be funded in Rehab/Dev Loans - Villa St. Joseph (30210) through HOME Investment Partnerships Program (317).

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community City of Orange Printed on 10/6/2022Page 1 of 3
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Item #: 8.3. 10/11/2022 File #: 22-0540
c: Support and enhance attractive, diverse living environments. e: Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects, and services.

The City worked collaboratively with the County of Orange to meet $3 million of the $3.2 million gap funding requested by Mercy Housing. The County of Orange approved $1.4 million in gap financing at its September 27, 2022 Board of Supervisors meeting for the project. Additionally, Mercy Housing was successful in receiving additional increased equity financing from Enterprise, its equity investor, City of Orange Printed on 10/6/2022Page 2 of 3
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Item #: 8.3. 10/11/2022 File #: 22-0540
was successful in receiving additional increased equity financing from Enterprise, its equity investor, to help close the remaining $200,000 gap still needed after the City’s $1.6 million financing commitment.

7. ATTACHMENTS
· Draft Preliminary Award Letter
· 1st Amendment to the FY2022-2023 Annual Action Plan
City of Orange Printed on 10/6/2022Page 3 of 3
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October 11, 2022
Mercy Housing California (MHC)
Attn: Erika Villablanca, Vice President
1500 South Grand Avenue, Suite 100
Los Angeles, CA 90015
Re: Preliminary Award of HOME Funds to the Affordable Housing Project 480 S. Batavia Street, Orange, CA 92868
Dear Ms. Villablanca,
On September 13, 2022, the City Council of Orange approved a preliminary award of HOME Investment Partnerships Program (HOME) funds in the amount Six Hundred Fifty-One Thousand Two Hundred Forty- Four Dollars ($651,244) in fiscal year 2022-2023 for a 50-unit affordable housing complex for seniors (Project) to be constructed at 480 S. Batavia Street, Orange, California 92868. The Borrower is Mercy Housing California 107 L.P., a California limited partnership. The Borrower is requesting a loan in the amount of Six Hundred Fifty-One Thousand Two Hundred Forty-Four Dollars ($651,244) to be committed from fiscal year 2022-2023. The funds will be reserved for the Project until September 13, 2023, for the purpose of providing gap financing for the Project. The City must receive copies of firm commitments from all funding sources, including formal notification by the State of California for an award of low income housing tax credits on or before this date.

The HOME funds will be provided to the Borrower in the form of a non-recourse loan (HOME Loan) in the original principal amount of at least Six Hundred Fifty-One Thousand Two Hundred Forty-Four Dollars ($651,244) from fiscal year 2022-2023, with interest at the greater of (a) one-quarter percent (0.25%) per annum, or (b) the Applicable Federal Rate, from the date that the loan is funded to the Borrower. The term of the HOME Loan is 55 years. HOME Loan payments will be payable exclusively from 2.44% of annual residual receipts, which will be allocated exclusively to repayment of the HOME Loan. Any other residual receipts loan to the Project will be paid from a separate portion of residual receipts as specified in the documents related to that loan.

To receive the HOME Loan funds, Borrower must execute City loan documents evidencing and securing the HOME Loan in forms to be approved by the City Manager. No more than eleven (11) of the units in the Project will be designated as HOME units and the rents on those units will be restricted in conformance with the Federal regulations governing the HOME Program (24 CFR Part 92). The HUD compliance period is 55 years. The City Council has delegated to the City Manager all City approval rights over the HOME Loan documents.

The following are required in order to receive the HOME Loan fund:

1. Firm commitments from all financing sources, including reservation of low income tax credits and allocation, of tax-exempt bonds as well as funding from the City and commitments by investors, in sufficient amounts to complete the Project;
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2. The Project must meet all applicable requirements of the HOME Program (24 CFR Part 92);

3. Completion of environmental review required under the National Environmental Policy Act and authority to use federal funds by HUD. Note that no activity may occur at the site that would adversely affect or would otherwise be choice limiting including the acquisition, demolition, construction or relocation of building or structure or otherwise making a physical change to the property (including moving dirt) until the authority to use federal funds has been provided;

4. Subsidy layering requirements have been met as defined by the U.S. Department of Housing and Urban Development (HUD);

5. A budget and schedule must be established and Borrower must certify that construction is ready to begin within 12 months; and

6. Execution of City’s HOME Loan documents.

When all funding sources are secured, the City’s Community Development Administrative Analyst will work diligently toward obtaining approval and execution of City loans by the City Manager.

If you have any questions, please call or email Jessica Herrera at (714) 744-7270 or [email protected].

Please acknowledge your consent to the foregoing terms and conditions by signing and returning a copy of this letter.

Sincerely,
Rob Houston
City Manager
Mercy Housing California 107 LP, on behalf of the Borrower, hereby acknowledges and agrees to all of the terms and conditions set forth in this letter.

By: __________________________________
Erika Villablanca, Vice President
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CITY OF ORANGE

SUBSTANTIAL AMENDMENT TO THE
2022-2023 ANNUAL ACTION PLAN

BACKGROUND
Each year the US Department of Housing and Urban Development (HUD) provides funding for housing and community development programs to the City of Orange, specifically Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Program funds. To receive these funds, the City must complete a report every five year called the Consolidated Plan.

The purpose of the Consolidated Plan is to identify the City of Orange’s housing and community development needs, priorities, goals, and strategies and to stipulate how funds will be allocated to housing and community development activities over the period of the Consolidated Plan, which in this case is every five years.

The City shall amend the approved Consolidated Plan and Annual Action Plans when:
 A substantial change (e.g., 20% or more) in its allocation priorities or a substantial change in the method of distribution of funds takes place; or  Carries out an activity, using funds from any program covered by the consolidated plan (including program income), not previously described in the action plan; or  Substantially change the purpose, scope, location, or beneficiaries of an activity.

The substantial change criteria utilized by the City of Orange in this case, is determined by a the addition of a new activity that was not previously considered by the Council for the use of HUD funding and in which the change would exceed:

1. 20% of the original allocations or when beneficiaries are impacted by the change; and/or

2. Carries out an activity, using funds from any program covered by the consolidated plan (including program income), not previously described in the action plan As required by Title I of the Cranston-Gonzalez National Affordable Housing Act, the City of Orange has submitted an Annual Action Plan for the 2022-2023 fiscal year. This Plans outlines the activities and expected allocation for this year. The City also has a Citizen Participation Plan which outlines procedures for citizen participation in the planning process of the Consolidated Plan and Annual Action Plan particularly to those areas to be affected by the proposed funds.
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Substantial Amendment
2022-2023 Annual Action Plan

Page 2 ends

AMENDMENT TO 2022-2023 ANNUAL ACTION PLAN
At the June 14, 2022, City Council meeting, members of the City Council approved the allocation of the HUD funds for the 2022 – 2023 fiscal year. Through the HOME Investment Partnership Act, the city will allocate an additional $651,244 from previous years funding that has remained unspent. These funds will be used to assist the developer, Mercy House, with the development of low-income rental units. These units will be made available to City of Orange residents. Proposed activities with the expected amount are listed below:
 Affordable Housing (Villa St. Joseph’s)
Villa St. Joseph, located at 480 S. Batavia Street within the City of Orange will be new construction of 50 Rental Units serving seniors with an affordability period of 55 years.
o Amount Allocation: $651,244
These eligible activities are allowed under the HOME Investment Partnership Act guidelines and will support the City of Orange’s commitment to provide decent and safe affordable housing.

CITIZEN PARTICIPATION
HUD requires that entitlement communities provide the public with a 30-day comment period to provide residents and other interested parties an opportunity to provide input on the proposed Amendment. This public comment period will run from August 4, 2022, to September 2, 2022.

PUBLIC COMMENTS
The City of Orange will incorporate all comments during the 30-day comment period. 1027

Orange City CouncilOctober 11, 2022

Orange City Council
October 11, 2022