PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.E
SUBJECT/TITLE:
REVISED BUILDING CODE FINDINGS IN RESPONSE TO BUILDING STANDARDS
COMMISSION REVIEW
RECOMMENDATION:
Adopt a Resolution setting forth findings in support of amendments to the 2022 California Building Code, Residential Code, Existing Building Code, Electrical Code, Mechanical Code, and Plumbing Code based on local climactic, topographic and/or geological conditions.
BACKGROUND:
On November 15, 2022, the City Council adopted Ordinance O-2022-008 amending and adopting the 2022 Building Codes, among others, and making findings supporting the local amendments. Following adoption, the Ordinance was submitted to the State Building Standards Commission for review and approval as prescribed by Section 17958.7 and Section 18941.5 of the Health and Safety Code.
The Building Standards Commission requested clarification of findings for California Building Code Section 105.2, and Appendices G, H, J, California Residential Code Section R105.2, and California Existing Building Code Section A102. Although the findings have remained generally unchanged from previous years, new reviewers have necessitated amendments to the findings supporting the City’s local amendments to these Codes. The Resolution provided as Attachment 1 includes revised findings that will be submitted to the Building Standards Commission. The revised findings clarify findings for California Building Code Section 105.2, and Appendices G, H, J, California Residential Code Section R105.2, and California Existing Building Code Section A102 as requested by the Building Standards Commission but are otherwise consistent with the prior findings made in Ordinance O-2022-008. To avoid confusion and create a clear record, the findings contained in Ordinance O-2022-008 will be rescinded as part of the City’s annual omnibus update ordinance, which is slated to be adopted sometime in the spring.
City Council action to address the comments provided by the Building Standards Commission will not change the local amendments as adopted by the City Council under Ordinance O-2022-008, but failure to adopt the revised findings would result in the City’s local amendments being unenforceable.
Conclusion and Recommendation
The amended findings presented in the Resolution (Attachment 1) will satisfy the requirements of the Building Standards Commission and allow approval of the City’s regulations. Staff therefore recommends the City Council adopt a Resolution making revised findings in support of amendments to the 2022 California Building Code, Residential Code, Existing Building Code, Electrical Code, Mechanical Code, and Plumbing Code.
9.E-1Council Agenda 2-7-2023
FISCAL IMPACT:
None.
ALTERNATIVES:
1. Do not adopt the resolution in response to Building Standards Commission review; allow the Building Standards Code to be enforceable as written with no Pismo Beach-specific amendments.
2. Direct staff to return with an ordinance amending the findings in Ordinance No. O- 2022-008, and allow the Building Standards Code to be enforceable as written with no Pismo Beach-specific amendments until the effective date of such ordinance amending the prior findings.
ATTACHMENTS:
1. Resolution
Prepared by: Meeting Date: February 7, 2023
Ian Livingston, Building Official
Submitted by: Matthew Downing, Director of Community Development City Manager Approval:
9.E-2Council Agenda 2-7-2023
RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA SETTING FORTH FINDINGS IN SUPPORT OF AMENDMENTS TO THE 2022 CALIFORNIA BUILDING CODE, RESIDENTIAL CODE, EXISTING BUILDING
CODE, ELECTRICAL CODE, MECHANICAL CODE, AND PLUMBING CODE BASED
ON LOCAL CLIMACTIC, TOPOGRAPHIC AND/OR GEOLOGICAL CONDITIONS WHEREAS, California Health and Safety Code Section 18938(b) provides that building standards adopted by the Building Standards Commission, including those contained in certain model codes and adopted by reference into the most recent edition of the California Building Standards Code, shall apply to all occupancies in the state and shall become effective 180 days after publication in the California Building Standards Code by the California Building Standards Commission (the “Commission”) or at a later date after publication established by the Commission; and
WHEREAS, the California Building Standards Commission published the 2022 Edition of the California Building Standards Code on July 1, 2022, with an effective date of January 1, 2023, including the 2022 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire, Existing Building, and Green Building Codes, incorporated into Title 24 of the California Code of Regulations as Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10, and 11, respectively; and
WHEREAS, it is the desire and intent of the City Council of the City of Pismo Beach to adopt Codes comprising the 2022 California Building Standards Code (Title 24, Parts 1- 12, of the California Code of Regulations), including the 2022 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire, Existing Building and Green Building Codes and to adopt the 2021 International Property Maintenance Code; and
WHEREAS, it is the desire and intent of the City Council of the City of Pismo Beach to provide citizens with the greatest degree of fire, life and structural safety in buildings in the most cost-effective manner by adopting that body of regulations referred to as the California Building Standards Code with amendments specific to the City of Pismo Beach; and
WHEREAS, California Health and Safety Code Section 17958 provides that the California Building Standards Code shall be applicable to cities and shall become effective 180 days after publication by the California Building Standards Commission provided cities do not make any modifications or changes to the California Building Standards Code; and WHEREAS, Health and Safety Code Sections 17958.7 and 18941.5 require the City Council, before making any modifications or changes to the California Building Standards Code, to make an express finding that each such modification or change is needed; and
9.E-3Council Agenda 2-7-2023
Attachment 1
WHEREAS, Health and Safety Code Section 17958.7 requires that such changes must be determined to be reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, such findings must be made available as a public record and a copy thereof with each such modification or change shall be filed with the State of California Building Standards Commission; and
WHEREAS, the City Council held a public hearing on November 15, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes, as amended therein, and
WHEREAS, also on November 15, 2022 after such public hearing, the City Council adopted Ordinance O-2022-008 thereby adopting by reference the body of regulations referred to as the California Building Standards Code with certain amendments and made findings therein that certain amendments to the California Buildings Standards Code were reasonably necessary due to local climactic, geological, or topographical conditions; and WHEREAS, such findings were thereafter submitted to the Building Standards Commission in accordance with Health and Safety Code Section 17958.7; and WHEREAS, the Building Standards Commission commented on the City’s findings for California Building Code Section 105.2, and Appendices G, H, J; California Residential Code Section R105.2; and California Existing Building Code Section A102; and WHEREAS, to address the Building Standards Commission’s comments and otherwise reaffirm its prior findings, the City Council hereby determines that due to the findings contained herein, Sections 105.2, 502.1, 903.2, 903.3, 903.3.5, 905.3.1, 907.6.6, 1030.1, 1506, 3201, 3202 and appendices G, H, and J of the 2022 California Building Code, Sections R105.2, R310.1, R312.1.5, R313.2, R313.3.1.2, R313.3.5, R319.1, R326.1 and R904 of the 2022 California Residential Code, Article 230.70(A)(1) of the 2022 California Electrical Code, Sections 1501.3, 1503.1.1 and 1503.7 of the 2022 California Plumbing Code, Section A102 of the 2022 California Existing Building Code, Sections 405.7, 503, 504.3, 505, 507.5.1, 603, 903.2, 903.3, 903.3.5, 905.3.1, 907.6.6, 2306.2.3, 5504.3, 5601, 5704, 5706 and 6104.2 of the 2022 California Fire Code, are required to be modified as set forth in Ordinance O-2022-008 to requirements other than those set forth in the California State Building Standards Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pismo Beach that the recitals set forth above are true and correct and are adopted as findings in support of this Resolution.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby finds that each of the changes or modifications to measures referred to in Ordinance O- 2022-008 are reasonably necessary because of local climatic, geological, or topographical conditions in the area encompassed by the boundaries of the City of Pismo
9.E-4Council Agenda 2-7-2023
Attachment 1
Beach, and the City Council further finds that the following findings support the local necessity for the changes or modifications:
FINDING 1
That the City of Pismo Beach lies approximately midway between the major population centers of San Francisco and Los Angeles, making mutual aid resources from these centers delayed. Furthermore, within San Luis Obispo County, organized fire departments are characteristically at such distance and of such limited resources that they may not present a reliable rapid response mutual aid alternative, although agreements currently exist. The continued development in new residential areas within the City and potential annexation areas will increase response times for personnel, creating a substantial threat to human life and public safety. The afore-described conditions support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code and, in particular, support the imposition of greater requirements than set forth in Sections 105.2, 502.1, 903.2, 903.3.5.3, 905.3.1, 1030.1 and 1506 of the 2022 California Building Code, Sections R105.2, R310.1, R313.2, R313.3.1.2, R313.3.5, R319.1 and R904.5 of the 2022 California Residential Code, and Sections 503, 504.3, 505.1, 903.2, 903.3.5, 905.3.1, 907.6.6, 2306, 5601.1, 5704.2.9.6, 5706.2.4.4, and 6104.2 of the 2022 California Fire Code.
FINDING 2
That on the inland side of the City of Pismo Beach lie large expanses of steep, undeveloped terrain with moderate to high wild-land fuel loading. Furthermore, a wildland fire in these areas, in conjunction with coastal winds, Santa Ana winds, and similar dry, conditions could threaten the City with burning embers traveling thousands of feet that will ignite structures. City fire-suppression resources will be inadequate to resist this threat. The protection of human life and the preservation of property in the event of such an occurrence support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code and in particular support the imposition of greater requirements than set forth in Sections 502.1, 903.2, 903.3.5.3, 905.3.1, and 1506.4 of the 2022 California Building Code, Sections R310.1, R313.2, R313.3.1.2, R313.3.5.4, R319.1 and R904.5 of the 2022 California Residential Code, and Sections 503, 504.3, 505.1, 903.2, 903.3.5.3, 905.3.1, 907.6.6, 2306.2.3, 5601.1.3, 5704.2.9.6, 5706.2.4.4, and 6104.2 of the 2022 California Fire Code.
FINDING 3
That the City of Pismo Beach is bisected by Highway 101, and there are only six arterial crossovers along seven miles of City boundary bisected by said highway. This condition increases the response times for fire apparatus, especially during peak traffic flows. A delayed response due to this condition poses a substantial threat of fire to human life, public safety, and the preservation of property and support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code,
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Attachment 1
and in particular, support the imposition of greater requirements than set forth in Sections 502.1, 903.2, 903.3.5.3, 905.3.1, and 1506.4 of the 2022 California Building Code, Sections R310.1, R313.2, R313.3.1.2, R313.3.5.4, R319.1 and R904.5 of the 2022 California Residential Code, and Sections 405.7, 503, 504.3, 505.1, 903.2, 903.3.5.3, 905.3.1, 907.6.6, 5601.1.3, 5704.2.9.6, 5706.2.4.4, and 6104.2 of the 2022 California Fire Code.
FINDING 4
That the City of Pismo Beach is bisected by a major freeway (Highway 101), traversing in the north/south direction, and is subject to floods and earthquakes which create impassable roads and collapsed bridges. Emergency personnel responding to a fire may be unduly impeded or delayed in accomplishing an emergency response as a result of this situation, with the potential result of undue and unnecessary risk to the protection of life and public safety, particularly in those buildings or structures without the protection of automatic fire sprinklers. The afore-described conditions support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code, and in particular support the imposition of greater requirements than set forth in Sections 105.2, 502.1, 903.2, 903.3.5.3, 905.3.1, 1506.4, and Appendices G, H, and J of the 2022 California Building Code, Sections R105.2, R310.1, R313.2, R313.3.5.4 Rand R904.5 of the 2022 California Residential Code, Section 230.70(A)(1) of the 2022 California Electrical Code, Section A102 of the California Existing Building Code, and Sections 503, 504.3, 505.1, 903.2, 903.3.5.3, 905.3.1, 2306.2.3, 5601.1.3, 5704.2.9.6, 5706.2.4.4, and 6104.2 of the 2022 California Fire Code.
FINDING 5
That the City of Pismo Beach lies in a coastal climate zone associated with the Pacific Ocean that creates corrosive moisture conditions damaging to exterior building system components supports the imposition of greater fire sprinkler system component requirements than set forth in Section 903.3.10 of the 2022 California Building Code and Section 903.3.10 of the 2022 California Fire Code.
BE IT FURTHER RESOLVED by the City Council of the City of Pismo Beach that this Resolution is effective immediately upon adoption, and that the City Clerk shall certify to the passage and adoption of this Resolution, shall cause a certified copy to be filed in the book of original resolutions and shall cause a certified copy of this Resolution and Ordinance O-2022-008 to be forthwith transmitted to the California Building Standards Commission.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 7th day of February 2023, by the following vote:
AYES:
NOES:
9.E-6Council Agenda 2-7-2023
Attachment 1
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
9.E-7Council Agenda 2-7-2023
Attachment 1