Attachment 1 - 2022 CBSC Adoption Ordinance 10.20.22.pdf — Richmond City Council, November 15, 2022

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Attachment 1
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING CHAPTER 6.02 OF THE RICHMOND MUNICIPAL CODE ARTICLE VI, BUILDING REGULATIONS TO ADOPT THE 2022 EDITION OF THE CALIFORNIA BUILDING

STANDARDS CODE WITH NOTED LOCAL AMENDMENTS
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WHEREAS, the California Building Standards Codes are published every three years by the Building Standards Commission; and

WHEREAS, the California Building Standards Commission has published the 2022 California Building Standards Code amending Title 24 of the California Code of Regulations, effective January 1, 2023; and

WHEREAS, California Health and Safety Code Section 17958, et. seq., provides that the 2022 California Building Standards Code may be adopted by reference, provided that prior to such adoption by reference a noticed public hearing has been held; and

WHEREAS, this ordinance is exempt from the California Environmental Quality Act (CEQA) per the State CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed Ordinance will not have an impact on the environment because they do not directly facilitate new development, or changes in the type and intensity of land use; and

WHEREAS, a noticed public hearing was held on November 15, 2022 by the City Council at which time all interested persons had the opportunity to appear and be heard on the matter adopting by reference the 2022 Building Standards Code with noted local amendments; and

WHEREAS, Health and Safety Code Section 18941.5, with reference to Section 17958.7, allows for more restrictive local amendments to the Building Code that are reasonably necessary because of local climatic, geological, or topographical conditions; and

WHEREAS, a copy of the 2022 Building Standards Code is on file with the Building Official;

THEREFORE, LET IT BE RESOLVED THAT NOW THE CITY COUNCIL OF THE CITY OF RICHMOND HEREBY ORDAINS AS FOLLOWS:

SECTION 1. FINDINGS AND DETERMINATIONS

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The City Council finds and determines the following:

A. The following local climatic, conditions justify modifications to the California Building Standards Code.

1. Climatic: The City of Richmond (the “City”) is located in Climate Zone 3 as established in the 2022 California Energy Code. Climate Zone 3 incorporates mostly coastal communities from Marin County to southern Monterey County including San Francisco. The City experiences average annual precipitation of 23 inches per year.

Ninety percent of precipitation falls during the months of November through April, leaving a dry period of approximately six months each year. Relative humidity remains moderate most of the time. In addition, local surface winds frequently transport moisture-laden air from the surface of the Bay waters into the City. Larger scale prevailing weather patterns and winds created by the jet stream from the west also transport highly humid air and storms across the Pacific Ocean through the strait between the San Francisco peninsula and the Marin Headlands straddled by Golden Gate Bridge and into the City. The moderating effect of the Bay waters on local temperatures tends to reduce local temperature extremes, even during periods of high inland temperatures. The combination of moist air from adjacent waters and the associated mild temperatures means that it is common for local weather conditions to hover near the dew point. This can result in the formation of fog associated with local and regional marine weather layers, which commonly cover the City for hours or even days at a time with an average morning relative humidity of 81 percent in November. Much of Northern California is considered to possess a predominantly Mediterranean climate. At times Richmond does experience periods of high temperature and/or low humidity particularly between mid-July and mid- October when the danger of hillside fires is greatest. Temperatures in September, the warmest month, average around 74 degrees Fahrenheit and in January, the coolest month, average around 58 degrees Fahrenheit. The amendments cited herein would provide a framework to create shelters that more adequately protect the unhoused population from rain, cold and heat. Most adults who received homeless services from Contra Costa County Department of Health and Human Services continuum of care self-reported having a disability and many report having a chronic health condition. Exposure to the elements puts unhoused people at greater risk.

2. Geologic: The City of Richmond is in a region of high seismic activity and is traversed by the Hayward fault. It has the San Andreas earthquake fault to the west and the Calaveras earthquake fault to the east. All three faults are known to be active as evidenced by the damaging earthquakes they have produced in the last 100 years and can, therefore, be expected to do the same in the future. Of primary concern to Richmond is the Hayward Fault, which has been estimated to be capable of earthquakes exceeding a magnitude of 7.0 on the Richter scale. It extends through many residential areas including East Richmond and Hilltop and passes through schools and business districts. A large number of underground utilities cross the fault, including major water supply and natural gas lines. Intensified damage during an earthquake may be expected in those areas of poorer ground along the

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Bay, west of Interstate 80 and in known slide areas, as well as hillside areas (occupied mainly by dwellings) located within or near the fault zone; some areas are steep and have been subjected to slides. The waterfront areas and areas in the Richmond flatlands immediately adjacent to creeks and water streams present a major potential for soil liquefaction hazard. Thus, because the City is within a seismic area which includes these earthquake faults, the modifications and changes cited herein are designed to better limit property damage as a result of seismic activity and to establish criteria for repair of damaged properties following a local emergency.

3. Topographic: The City of Richmond is contiguous with the San Francisco Bay, resulting in a natural receptor for storm and wastewater run-off. Also, the City is located in an area that is relatively high liquefaction potential given its proximity to the Bay. The surface condition near the Bay consists stiff to hard silty clays and clayey silts with variable amounts of gravel, which are moderately expansive. The City of Richmond has many homes built in higher elevation regions, such as in Point Richmond, that are reached by narrow and often winding paved streets which hamper access for fire apparatus and escape routes for residents. A number of developments in these areas are of wood frame construction and are several stories in height from grade level. The fire potential is moderately high due to building congestion and heights. Fires can be expected to involve large groups of buildings in these areas. The local topographical conditions increase the magnitude, exposure and accessibility problems associated with the fire hazards which arise within the City. The modifications and changes cited herein are designed to better ensure life safety and appropriate Emergency Services access and response in the event of a fire emergency.

B. The City Council finds, pursuant to Title 14, Chapter 3 of the of the California Code of Regulations(CEQA Guidelines), that this ordinance is exempt from CEQA under 15061(b)(3) on the grounds that these standards are more stringent than the State code standards, and there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 2. AMENDMENT OF CODE

Chapter 6.02 of Article VI of the Richmond Municipal Code is hereby amended as follows:

Chapter 6.02 BUILDING CODE OF THE CITY OF RICHMOND
Sections:

6.02.010 Adoption by reference.

6.02.020 Copies on file.

6.02.030 Amendments, additions, and deletions.

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6.02.010 - Adoption by reference.

A. The Building Code of the City of Richmond is the 2022 California Building Standards Code (California Code of Regulations, Title 24), adopted by reference and incorporated herein as follows:

1. The 2022 California Administrative Code, published by the International Code Council, as amended in Part 1 of the California Building Standards Code, California Code of Regulations Title 24;

2. The 2022 California Building Code based on the International Building Code, 2021 Edition, published by the International Code Council, together with those omissions, amendments, exceptions and additions thereto as amended in Part 2 of the California Building Standards Code, California Code of Regulations Title 24; as amended in section 6.02.030, including Chapter 17A, Appendix G, Appendix I, and Appendix P as amended in Section 6.02.030;

3. The 2022 California Residential Code based on the International Residential Code, 2021 Edition, published by the International Code Council, together with those omissions, amendments, exceptions and additions thereto as amended in Part 2.5 of the California Building Standards Code, California Code of Regulations Title 24; as amended in section 6.02.030, including Appendix AH, Appendix AX, and Appendix AZ as amended in Section 6.02.030;

4. The 2022 California Electrical Code based on the National Electrical Code, 2020 Edition, published by the National Fire Protection Association, together with those omissions, amendments, exceptions and additions thereto as amended in Part 3 of the California Building Standards Code, California Code of Regulations Title 24;

5. The 2022 California Mechanical Code based on the Uniform Mechanical Code, 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, together with those omissions, amendments, exceptions and additions thereto as amended in Part 4 of the California Building Standards Code, California Code of Regulations Title 24;

6. The 2022 California Plumbing Code based on the Uniform Plumbing Code, 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, together with those omissions, amendments, exceptions and additions thereto as amended in Part 5 of the California Building Standards Code, California Code of Regulations Title 24;

7. The 2022 California Energy Code, published by the International Code Council, as amended in Part 6 of the California Building Standards Code, California Code of Regulations Title 24;

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8. The 2022 California Historical Building Code, published by the International Code Council, as amended in Part 8 of the California Building Standards Code, California Code of Regulations Title 24;

9. The 2022 California Fire Code as adopted by RMC Section 8.16.010.

10. The 2022 California Existing Building Code, based on the International Existing Building Code, 2021 Edition, published by the International Code Council, together with those omissions, amendments, exceptions and additions thereto as amended in Part 10 of the California Building Standards Code, California Code of Regulations Title 24; including Appendix A, Chapter A1

11. The 2022 California Green Building Standards Code, published by the International Code Council, as amended in Part 11 of the California Building Standards Code, California Code of Regulations Title 24 and

12. The 2022 California Reference Standards Code, published by the International Code Council, as amended in Part 12 of the California Building Standards Code, California Code of Regulations Title 24;

6.02.020 Copies on file.

At least one copy of the Building Code of the City of Richmond shall be kept on file in the office of the Building Official for inspection by the public.

6.02.030 Amendments, additions and deletions.
(A) Amendments, additions and deletions to 2022 California Building Code Chapter 1 Division II Scope and Administration:

1. New Section 105.3.2.1 is added as follows:
105.3.2.1 Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of last plan review correspondence by either the City or the applicant will expire by limitation, and plans and other data submitted for review may thereafter be destroyed by the Building Official.

2. New Section 105.5.2 is added as follows:
105.5.2 Completion of work after permit expiration. Before work on an expired permit can be recommenced, a new permit shall first be obtained and the fee for such new permit shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. Any suspension or abandonment in excess of one year shall be treated as a new permit and subject to all the provisions thereof.

3. New Section 109.4.1 is added as follows:

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109.4.1 Investigation fee for work without permit. Whenever any work for which a permit is required has been commenced without first obtaining said permit, an investigation shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to three times the permit fee as set forth in the City’s adopted fee schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of either this code nor from any penalty prescribed by law.

4. Section 109.6 is amended to read as follows:
109.6 Refunds. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this chapter.

The Building Official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan checking is done.

5. New Section 109.7 is added as follows:
109.7 Reinspection fee. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.

This section does not require reinspection fees the first time a job is rejected for failure to comply with the requirements of the codes. Subsequent inspections or the practice of calling for inspections before the job is ready for such inspection or reinspection may be subject to reinspection fees.

To obtain a reinspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose and pay the reinspection fee in accordance with the fee schedule adopted by the City.

In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

6. New Section 113.3.1 is added as follows:
113.3.1 Appointment and Number of Members Appointed. The City Manager or their designee is authorized by the governing body to appoint the Board of Appeals. The Board shall consist of 5 members with a quorum of 3 to conduct business.

7. New Section 103.4.1 is added to Appendix P as follows:

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P103.4.1 Fire & Life Safety Systems. Whenever any existing buildings have any existing fire and life safety systems, i.e. fire sprinkler and/or fire alarm system, these systems are required to be maintained in operation or made to conform to provision of these regulations to the extent that reasonable and adequate life safety against the hazards of fire, panic and explosion is substantially provided. Additional means of egress may be required to provide reasonable and adequate safety.

8. New Section 103.4.2 is added to Appendix P as follows:

P103.4.2 Emergency Responder Radio Coverage in Existing Buildings.

Emergency Responder Radio Coverage in Existing Buildings that do not have approved radio coverage for emergency responders within the building, based upon the existing coverage levels of the public safety communications systems of the jurisdiction at the exterior of the building, shall be equipped with such coverage according to one of the following:

1. Where an existing wired communication system cannot be repaired or is being replaced, or where not approved in accordance with current or adopted California Fire Code Section 510.1, Exception 1.

2. Within a time frame established by the adopting authority.

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

9. New Section 104.10 is added to Appendix P as follows:

P104.10 Portable Fire Extinguishers. Portable Fire extinguisher shall be selected, installed and maintained in accordance with California Fire Code Section 906.2 (General requirements) and California Code of Regulations, title 19, Division 1, Chapter 3 in any emergency housing and emergency housing facility.

10. New Section 109.3 is added to Appendix P as follows:

P109.3 Emergency Vehicle Access. Emergency vehicle access shall be maintained for any emergency housing facilities. The fire code official shall approve any temporary emergency vehicle access routes for any emergency housing facility.

11. New Section 111 is added to Appendix P as follows:

P111 Fire Safety and Emergency Evacuation Plan.

12. New Section 111.1 is added to Appendix P as follows:

P111.1 Evacuation Diagram. A diagram depicting two evacuation routes shall be posted on or immediately adjacent to every required egress door from each of the emergency housing facility.

13. New Section 111.2 is added to Appendix P as follows:

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P111.2 Fire Safety and Emergency Evacuation Plan. Where the fire code official determines that an emergency housing facility has an adverse impact on public safety through diminished access to buildings, structures, fire hydrants and fire apparatus access roads or where such facility adversely affect public safety services of any kind, the fire code official shall have the authority to order the development of or prescribe fire safety and emergency evacuation plan that provides an approved level of public safety and addresses the following items:

Fire Safety and Emergency Evacuation Plan shall include the following:

1. Emergency egress or escape routes and whether evacuation of the building is to be completed by selected floors or areas only or with a defend-in-place response.

2. Procedures for the use of elevators to evacuate the building where occupant evacuation elevators complying with Section 3008 of the California Building Code are provided.

3. Procedures for assisted rescue for persons unable to use the general means of egress unassisted.

4. Procedures for accounting for employees and occupants after evacuation have been completed.

5. The preferred and any alternative means of reporting fires and other emergencies to the fire department or designated emergency response organization.

6. Identification and assignment of personnel who can be contacted for further information or explanation of duties under the plan.

7. A description of the emergency voice/alarm communication system alert tone and preprogrammed voice messages, where provided.

8. Procedures for notifying occupants, including areas with a private mode alarm system.

9. Procedures for evacuating occupants, including those who need evacuation assistance.

10. The occupant assembly point(s).

11. The location of fire hydrants.

12. The normal routes of fire department vehicle access.

14. New Section 111.3 is added to Appendix P as follows:

P111.3 Emergency Housing Facility Floor Plan. Floor plans shall identify the locations of the following:

1. Exits

2. Primary evacuation routes

3. Secondary evacuation routes.

4. Accessible egress routes.

5. Areas of refuge.

6. Exterior areas for assisted rescue.

7. Refuge areas associated with smoke barriers and horizontal exits.

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8. Manual fire alarm boxes.

9. Portable fire extinguishers

10. Fire alarm annunciators and control(s), if applicable.

11. Fire department connections and sprinkler riser location(s), if applicable.

(B) Amendments, additions and deletions to 2022 California Residential Code Chapter 1 Division II Administration:

1. New Section R105.3.2.1 is added as follows:

R105.3.2.1 Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of last plan review correspondence by either the City or the applicant will expire by limitation, and plans and other data submitted for review may thereafter be destroyed by the Building Official.

2. New Section R105.5.2 is added as follows:

R105.5.2 Completion of work after permit expiration. Before work on an expired permit can be recommenced, a new permit shall first be obtained and the fee for such new permit shall be one -half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. Any suspension or abandonment in excess of one year shall be treated as a new permit and subject to all the provisions thereof.

3. Section R108.5 is amended to read as follows:

R108.5 Refunds. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this chapter.

4. New Section R108.6.1 is added to read as follows:

R108.6.1 Investigation fee for work without permit. Whenever any work for which a permit is required has been commenced without first obtaining said permit, an investigation shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to three times the permit fee as set forth in the City’s adopted fee schedule. The payment

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of such investigation fee shall not exempt any person from compliance with all other provisions of either this code nor from any penalty prescribed by law.

5. New Section R108.7 is added as follows:

R108.7 Reinspection fee. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.

This section does not require reinspection fees the first time a j ob is rejected for failure to comply with the requirements of the codes . Subsequent inspections or practice of calling for inspections before the job is ready for such inspection or reinspection may be subject to reinspection fees.

To obtain a reinspectio n, the applicant shall file an application therefor in writing upon a form furnished for that purpose and pay the reinspection fee in accordance with the fee schedule adopted by the City.

In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

6. New Section R112.3.1 is added as follows:

R112.3.1 Appointment and Number of Appointees. The City Manager or their designee is authorized by the governing body to appoint the Board of Appeals. The Board shall consist of 5 members with a quorum of 3 required to conduct business.

7. Section R313.2 Exception 1 is amended to read as follows:

R313.2 Exception 1: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system unless the addition or alteration is considered a substantial addition or substantial alteration per California Fire Code (CFC) 903.6.1 and 903.6.2 (Richmond local amendments):
a substantial addition is an addition of new gross floor area that exceeds fifty percent of the existing gross floor area, or the total new gross floor area is 3,600 square feet or greater. A substantial alteration is an alteration where fifty percent of the combined linear length of all the exterior and interior walls are altered, and fifty percent of the roof structure is being altered.

8. New Section AZ103.4.1 is added to Appendix AZ as follows:

AZ103.4.1 Fire & Life Safety Systems. Whenever any existing buildings have any existing fire and life safety systems, i.e. fire sprinkler and/or fire alarm system, these systems are required to be maintained in operation or made to conform to provision of these regulations to the extent that reasonable and adequate life safety against the hazards of fire, panic and explosion is substantially provided. Additional means of egress may be required to provide reasonable and adequate safety.

9. New Section AZ103.4.2 is added to Appendix AZ as follows:

AZ103.4.2 Emergency Responder Radio Coverage in Existing Buildings.

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1. Where an existing wired communication system cannot be repaired or is being replaced, or where not approved in accordance with current or adopted California Fire Code Section 510.1, Exception 1.

2. Within a time frame established by the adopting authority.

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

10. New Section AZ104.10 is added to Appendix AZ as follows:

AZ104.10 Portable Fire Extinguishers. Portable Fire extinguisher shall be selected, installed and maintained in accordance with California Fire Code Section 906.2 (General requirements) and California Code of Regulations, title 19, Division 1, Chapter 3 in any emergency housing and emergency housing facility.

11. New Section AZ109.3 is added to Appendix AZ as follows:

AZ109.3 Emergency Vehicle Access. Emergency vehicle access shall be maintained for any emergency housing facilities. The fire code official shall approve any temporary emergency vehicle access routes for any emergency housing facility.

12. New Section AZ111 is added to Appendix AZ as follows:

AZ111 Fire Safety and Emergency Evacuation Plan.

13. New Section AZ111.1 is added to Appendix AZ as follows:

AZ111.1 Evacuation Diagram. A diagram depicting two evacuation routes shall be posted on or immediately adjacent to every required egress door from each of the emergency housing facility.

14. New Section AZ111.2 is added to Appendix AZ as follows:

AZ111.2 Fire Safety and Emergency Evacuation Plan. Where the fire code official determines that an emergency housing facility has an adverse impact on public safety through diminished access to buildings, structures, fire hydrants and fire apparatus access roads or where such facility adversely affect public safety services of any kind, the fire code official shall have the authority to order the development of or prescribe fire safety and emergency evacuation plan that provides an approved level of public safety and addresses the following items:

Fire Safety and Emergency Evacuation Plan shall include the following:

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