MEETING(S) ARE VIRTUAL
REGULAR RICHMOND CITY COUNCIL AGENDA
Tuesday, November 22, 2022, 5:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
Members:
Thomas K. Butt, Mayor
Demnlus Johnson III, Councilmember at Large
Nathaniel Bates, Councilmember at Large
Claudia Jimenez, Councilmember District 6
Eduardo Martinez, Vice Mayor at Large
Melvin Willis, Councilmember District 1
Gayle McLaughlin, Councilmember District 5
Link to City Council Agendas/Packets
http://www.ci.richmond.ca.us/4157/City-ofRichmond-Council-Meetings Register to receive notification of new agendas, etc.
http://www.ci.richmond.ca.us/list.aspx
CORONAVIRUS DISEASE (COVID-19) ADVISORY
PURSUANT to the Governor of the State of California’s Assembly Bill 361 and in the interest of the public health and safety, attendance at the City of Richmond City Council meeting will be limited to Council members, essential City of Richmond staff, and members of the news media. Public comment will be confined to items appearing on the agenda and will be limited to the methods provided below.
How to watch the meeting from home:
KCRT – Comcast Channel 28 or AT&T Uverse Channel 991.
Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live2.
Public comment may be submitted by mail, eComment, email and/or Zoom video conference in the manner that follows, provided that no member of the public may submit more than one verbal comment per agenda item.
Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.
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Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.
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Emails MUST contain in the subject line 1) public comments – Open Session prior to Closed Session; 2) public comments – Open Forum; or 3) public comments agenda item #__ [include the agenda item number]. All such email with correctly labeled subject lines will be posted on-line and emailed to the City Council before the meeting is called to order. Email received after 1:00 p.m. will be posted on-line following the meeting as part of the supplemental materials attached to the meeting minutes.
Via Zoom by video conference: for Open Session and City Council: Please click the link below to join the webinar:
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By iPhone one-tap: US: +16699006833,,99312205643# or +13462487799,,99312205643# By Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592 Webinar ID: 993 1220 5643
International numbers available: https://zoom.us/u/aehrwCgISx
To comment by video conference: click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for. When called 11-22-22 CC MTG.
upon, press the unmute button. After the allotted time, you will then be re-muted. **
To comment by phone: you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After the allotted time, you will then be re-muted. Instructions of how to raise your hand by phone are available at:
https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. **
**The mayor will announce the agenda item number and open public comment when appropriate.
The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting.
AB 361 Procedures in the Event of Technical Difficulties: In the event the meeting broadcast is disrupted, or if a technical issue on the agency's end disrupts public participation, the legislative body board cannot take any further action on the agenda until the technical issue is resolved.
Properly labeled public comments will be considered a public record, put into the official meeting record, available after the meeting as supplemental materials, and will be posted as an attachment to the meeting minutes when the minutes are posted: http://www.ci.richmond.ca.us/Archive.aspx?AMID=31.
Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-and- forth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar (by 2 p.m. the day of the meeting).
Any member of the City Council who would like to remove an item from the consent calendar must notify the appropriate staff person and the City Clerk’s Office prior to the meeting. Although members of the City Council are encouraged to ask questions and share concerns with staff ahead of the meeting, they are not required to do so.
The Clerk’s Office must be informed of any requests to remove items from the Consent Calendar. Items removed from the Consent Calendar shall be placed at the end of the agenda for consideration.
Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.
Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.
Effect of Advisory on In-person public participation: During the pendency of Assembly Bill 361, the 11-22-22 CC MTG.
language in this Advisory portion of the agenda supersedes any language contemplating in-person public comment.
Unless otherwise noted in an agenda description, all actions taken by the Council include a determination that CEQA does not apply (i.e., the action is not a project and therefore exempt from CEQA).
Disclaimer: The City Clerk's Office translates agendas to enhance public access. Translated agendas are provided as a courtesy and do not constitute legal notice of the meeting or items to be discussed. In case of discrepancy, the English agenda will prevail.
Pages
11-22-22 CC MTG.
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 5:00 p.m.
B. ROLL CALL
C. CLOSED SESSION
.
C.1. CONFERENCE WITH LEGAL COUNSEL - WORKERS' COMPENSATION CLAIM (Pursuant to Government Code § 54956.95)
Claimant: Employee - Fire Department
Claim: 16000077COR
Agency Claimed Against: City of Richmond
•
Claimant: Employee - Fire Department
Claim: 16000077COR
Agency Claimed Against: City of Richmond
•
C.2. CONFERENCE WITH LEGAL COUNSEL - LIABILITY CLAIM: (Pursuant to Government Code § 54956.95)
Claimant: Ofelia Gutierrez
Agency Claimed Against: City Richmond
•
C.3. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Sharrone Taylor and Jack Hughes• Employee organizations:
SEIU Local 1021 Full Time Unit and Part Time Unit1.
IFPTE Local 21 Mid-Level Management Unit and Executive
Management Units
2. Richmond Police Officers Association RPOA3.
Richmond Police Management Association RPMA4.
IAFF Local 1885.
Richmond Fire Management Association RFMA6.
11-22-22 CC MTG.
C.4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: Nevin Plaza - 2400 Nevin Plaza
Agency negotiators: Nannette Beacham and David Rosen (DRA & Associates)
Negotiating parties: EAH Housing
Under negotiations: Price and Terms of Payment
•
Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the north Agency negotiators: Anita Luck, Lina Velasco, and Jesus Morales Negotiating parties: Miraflores Community Devco, LLC
Under negotiations: Price and Terms of Payment
•
Property: Terminal One
Agency negotiators: Lina Velasco and Dave Aleshire
Negotiating parties: Terminal One Development LLC
Under negotiation: Price and terms of payment
•
C.5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
Two Cases•
D. PUBLIC COMMENT BEFORE CLOSED SESSION (public comment limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 11-22-22 CC MTG.
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.
G. ROLL CALL
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING
CLOSED SESSION
L. REPORT FROM CONGRESSMAN MARK DESAULNIER (public comment allowed under Open Forum)
M. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) N. CRIME REPORT FROM POLICE CHIEF - 4th Tuesday (public comment allowed under Open Forum)
O. OPEN FORUM FOR PUBLIC COMMENT
P. CITY COUNCIL CONSENT CALENDAR
P.1. Community Development
P.1.a. Amendments to Richmond Municipal Code Article VI Chapter 6.02 9 ADOPT an ordinance (second reading) with an effective date of January 1, 2023, amending Richmond Municipal Code (RMC) Article VI, Building Regulations, Chapter 6.02 by adopting the 2022 California Building Standards Code with noted local amendments – Community Development Department (Lina Velasco/Chris
Castanchoa 510-620-6764).
Q. STUDY AND ACTION SESSION
Q.1. Impact of Richmond Rapid Response Fund (R3F) in the Community and Update on Guaranteed Income and Strategic Planning Process 88 RECEIVE a report from the Richmond Rapid Response Fund Program (R3F) including updates on funds disbursed, residents served, and current and future programming – Councilmembers Demnlus Johnson III and Claudia Jimenez (510-620-6861).
Q.2. Emergency Security Services for the Castro Encampment, Contract with Ascend Professional Services, LLC
113
APPROVE an emergency contract with Ascend Professional Services, LLC, to provide security guard services, for up to three guards, 24 hours a day, seven days a week, including holidays, for term ending on January 31, 2023, in an amount not to exceed $200,000 – Community Development (Lina Velasco/Jesus M. Morales 510-620-6706).
11-22-22 CC MTG.
Q.3. Terminal One Disposition: Notice to California Department of Housing and Community Development (HCD) and of Community Benefits
170
APPROVE (1) Terms of Amendment to Land Disposition Agreement for Terminal One Project with Developer; (2) Authorize the city manager and city attorney to finalize the Amendment incorporating the approved terms; (3) ADOPT a resolution Declaring Terminal One Property Exempt From Surplus Land Act; and RECEIVE INPUT on Community Benefits proposed as part of the Project – City Attorney’s Office/Community Development Department (Dave Aleshire/Lina Velasco/James Atencio 510-620-6509). RESOLUTION TO FOLLOW
Q.4. Electric Vehicle Fleet 300
RECEIVE a presentation from MOTIV PS on the benefits of transitioning to an electric fleet – Vice Mayor Martinez (510-620-6593).
Q.5. Present Traffic Safety Implementation Strategy Based Upon a Number of Stakeholder Requests
327
RECEIVE a presentation on traffic safety requests; and PROVIDE direction to staff – Public Works (Daniel Chavarria/Yader Bermudez/Patrick Phelan 307- 8111).
Q.6. Council Direction on Requested Changes to Cannabis License Ordinance 330 PROVIDE direction to City staff on whether amendments to the Cannabis Ordinance should be prepared increasing the number of cannabis retailer licenses – City Attorney’s Office (Dave Aleshire 510-620-6509).
R. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
S. ADJOURNMENT
________________________
11-22-22 CC MTG.
November 22, 2022
Community Development
DATE: November 22, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Lina Velasco, Director of Community Development
Chris Castanchoa, Building Official
Subject:
Amendments to Richmond Municipal Code Article VI
Chapter 6.02
FINANCIAL IMPACT: There is no cost to the general fund associated with adopting this Ordinance.
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
State law mandates that all local jurisdictions enforce the California Building Standards Code (California Code of
Regulations Title 24) in the construction and
maintenance of all buildings and structures. These
standards are updated on a tri-annual basis. The State
recently published the 2022 California Building Standards Code and per State law, local jurisdictions must enforce these codes with an effective date of January 1, 2023.
RECOMMENDED ACTION:
ADOPT an ordinance (second reading) with an effective
date of January 1, 2023, amending Richmond Municipal
Code (RMC) Article VI, Building Regulations, Chapter
6.02 by adopting the 2022 California Building Standards Code with noted local amendments – Community
Development Department (Lina Velasco/Chris
Castanchoa (510-620-6764).
DISCUSSION:
Under State law, various State agencies have statutory authority to develop building standards, also known as building codes. These standards are updated every three AGENDA
REPORT
November 22, 2022
years and are adopted into the California Code of Regulations Title 24 through the California Building Standards Commission. The 2022 California Building Standards Code is based primarily on model codes developed by national code development organizations known as the International Code Council (Building, Fire, and Residential Codes), the National Fire Protection Association (Electrical Code) and the International Association of Plumbing and Mechanical Officials (Plumbing and Mechanical Codes).
The one exception to this is the Green Building Standards Code, which is developed in its entirety by the State.
As with the State Building standards, the model codes are also updated every three years. Both the model codes and state standards are developed with extensive local government input. The City of Richmond participates in these efforts via our memberships and involvement in organizations such as the California Building Officials (CALBO) and the East Bay Chapter of the International Code Council (ICC). These efforts contribute to a set of construction codes that remain current with evolving industry practice, ensuring broad stakeholder input, building safety, construction consistency, and economic vitality. The 2022 California Building Standards Code, as adopted by the State, has been updated to better reflect current technology and standards for construction.
Some of the key changes in the 2022 California Building Standards Codes include requirements for increased energy efficiency, including solar and battery storage systems for certain non-residential buildings; enhanced life safety and fire protection measures in both the building and residential codes; and clarification to ventilation, air, and duct systems in the mechanical code, and identifying additional energy efficiency requirements applicable to water heating systems in the plumbing code. A more detailed summary of the Code Changes is in Attachment 2 titled 2022 Title 24 California Code Changes published by the California Building Standards Commission.
The proposed ordinance (Attachment 1) amends Richmond Municipal Code (RMC) Article VI, Building Regulations, Chapter 6.02 by formally adopting the 2022 California Building Standards Code, some of the appendix chapters contained therein, including optional appendices, such as Appendix P (in CBC) and AZ (in CRC) for Emergency Housing, along with the noted local amendments. Several of the local amendments are administrative and the others establish minimum fire and life safety measures. All, but one, local amendments are being carried forward from the current City-adopted Building Code. The one new local amendment proposed is needed to align the adopted Residential Code with the Fire Code local amendments adopted by the City Council.
The California Health and Safety Code enables local communities to amend the California Building Standards Code provided that the local amendments are more restrictive requirements than the building standards published by the California Building Standards Code; and provided that the local jurisdiction makes express findings that such changes are reasonably necessary because of local geological, climatic, or topographic conditions. These findings are included in Attachment 1.
November 22, 2022
NEXT STEPS: Following City Council adoption of the Ordinance, City staff will file the ordinance with the California Building Standards Commission since it includes local amendments to Title 24. These local amendments are neither effective nor operative until filed with California Building Standards Commission, Housing and Community Development, State Fire Marshal, or the State Historical Building Safety Board (SHBSB), as appropriate.
ENVIRONMENTAL REVIEW: The adoption of 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.
DOCUMENTS ATTACHED:
Attachment 1 – Draft Ordinance
Attachment 2 – 2022 Title 24 California Code Changes
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
______________________________________________________________________
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
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
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.
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;
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:
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:
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:
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.
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.
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.
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
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.
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.
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:
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.
15. New Section AZ111.3 is added to Appendix AZ as follows:
AZ111.3 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.
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.
SECTION 3.
Any provisions of the Richmond Municipal Code, or appendices thereto, or any other ordinances of the City inconsistent with this ordinance are repealed only to the extent of such inconsistencies. References to the Building Code of the City of Richmond are also
hereby updated.
SECTION 4. SEVERABILITY.
If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, the remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, paragraph, sentence, clause or phrase.
SECTION 5. EFFECTIVE DATE.
All building permit applications filed after the effective date of this Ordinance shall be subject to this Ordinance. This Ordinance becomes effective thirty (30) days after its final passage and adoption however, no sooner than January 1, 2023, as mandated by the State.
----------------------------------------------
First introduced at a regular meeting of the City Council of the City of Richmond held November 15, 2022. Passed and adopted on ________________ by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_____________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
______________________
Mayor
Approved as to form:
______________________
City Attorney
2022 TITLE 24
California Code Changes
July 2022
1st Edition
Acknowledgements
Governor Gavin Newsom
Secretary of the Government Operations Agency, Amy Ton
Director of the Department of General Services, Ana Lasso Members of the California Building Standards Commission Chair, Secretary Amy Tong
Vice Chair, Rajesh Patel
Commissioners:
Kent Sasaki Erick Mikiten
Elley Klausbruckner Rajesh Patel
Peter Santillan Juvilyn Alegre
Aaron Stockwell Laura Rambin
Frank Ramirez James Haskin
Executive Director, Mia Marvelli
Deputy Executive Director, vacant
The California Building Standards Commission is a commission within the Department of General Services
Visit our website at dgs.ca.gov/BSC
Please submit comments and suggestions for improvements or additions to this publication to [email protected]
or mail to
California Building Standards Commission
Mia Marvelli, Executive Director
2525 Natomas Park Drive, Suite 130
Sacramento, CA 95833
Some of CBSC’s publications available on the website’s Resources page:
Guide to Title 24
It’s Your Building Department
Guide for Local Amendments of
Building Standards
Public Guide to the Building
Standards Adoption Process
Frequently Asked Questions
Glossary of Terms
i
TABLE OF CONTENTS
Introduction ............................................................................................... 1 California Administrative Code – Part 1 .................................................. 3 Chapter 1 – Building Standards Commission ............................................................ 3 Chapter 3 – State Fire Marshal .................................................................................. 3 Chapter 4 – Division of the State Architect ................................................................ 3 Chapter 7 – Office of Statewide Health Planning and Development .......................... 4 Chapter 10 – California Energy Commission ............................................................. 5 California Building Code – Part 2 ............................................................ 6 Tall Wood/Mass Timber provisions in various chapters of Part 2 .............................. 6 Chapter 1 – Scope and Administration ...................................................................... 6 Chapter 2 – Definitions .............................................................................................. 7 Chapter 3 – Occupancy Classification and Use ......................................................... 8 Chapter 4 – Special Detailed Requirements .............................................................. 9 Chapter 5 – General Building Heights and Areas ...................................................... 9 Chapter 7A – Materials and Construction Methods.................................................... 9 Chapter 9 – Fire Protection Systems ....................................................................... 10 Chapter 10 – Means of Egress ................................................................................ 10 Chapter 11B – Accessibility to Public Buildings ....................................................... 11 Chapter 12 – Interior Environment ........................................................................... 11 Chapter 14 – Exterior Walls ..................................................................................... 16 Chapter 16 – Structural Design ................................................................................ 16 Chapter 16A – Structural Design ............................................................................. 16
ii
Chapter 17 – Special Inspections and Tests ............................................................ 17 Chapter 17A – Special Inspections and Tests ......................................................... 18 Chapters 18 and 18A – Soils and Foundations ........................................................ 18 Chapter 19 – Concrete ............................................................................................. 18 Chapter 19A – Concrete .......................................................................................... 19 Chapter 21 – Masonry ............................................................................................. 20 Chapter 21A – Masonry ........................................................................................... 20 Chapter 24 – Glass and Glazing .............................................................................. 21 Chapter 25 – Gypsum Board, Gypsum Panel Products and Plaster ........................ 21 Chapter 27 – Electrical ............................................................................................. 22 Chapter 31 – Special Construction .......................................................................... 22 Chapter 31B – Public Swimming Pools .................................................................... 22 Chapter 35 – Referenced Standards ....................................................................... 23 California Residential Code – Part 2.5 ................................................... 24 Chapter 1 – Scope and Application.......................................................................... 24 Chapter 2 – Definitions ............................................................................................ 24 Chapter 3 – Building Planning ................................................................................. 24 Chapter 4 – Foundations ......................................................................................... 26 Chapter 7 – Wall Covering ....................................................................................... 27 Chapter 8 – Roof-Ceiling Construction .................................................................... 27 Chapter 9 – Roof Assemblies .................................................................................. 28 Chapter 44 – Referenced Standards ....................................................................... 28 Appendix AS – Strawbale Construction ................................................................... 28 Appendix AX ............................................................................................................ 29
iii
California Electrical Code – Part 3 ......................................................... 30 California Energy Commission ................................................................................. 30 Housing and Community Development .................................................................... 30 State Fire Marshal .................................................................................................... 30 Office of Statewide Health Planning and Development ............................................ 30 California Mechanical Code – Part 4 ..................................................... 32 Chapter 1 – Scope and Application.......................................................................... 32 Chapter 2 – Definitions ............................................................................................ 33 Chapter 3 – General Regulations............................................................................. 33 Chapter 4 – Ventilation Air ....................................................................................... 33 Chapter 6 – Duct systems ........................................................................................ 34 Chapter 9 – Installation of Specific Appliances ........................................................ 34 Chapter 11 – Refrigeration ....................................................................................... 35 Chapter 12 – Hydronics ........................................................................................... 35 California Plumbing Code – Part 5 ........................................................ 36 Chapter 1 – Scope and Application.......................................................................... 36 Chapter 4 – Plumbing Fixtures and Fixture Fittings ................................................. 36 Chapters 5 and 6 – Water Heaters and Water Supply and Distribution ................... 37 Chapter 6 – Water Supply and Distribution .............................................................. 37 Chapter 13 – Health Care Facilities and Medical Gas and Vacuum Systems .......... 37 Chapter 15 – Alternate Water Sources for Nonpotable Applications........................ 37 Chapter 17 – Referenced Standards ....................................................................... 38 California Energy Code – Part 6 ............................................................ 39
iv
California Fire Code – Part 9 .................................................................. 40 Overview .................................................................................................................. 40 Chapter 1 – Scope and Application.......................................................................... 40 Chapter 2 – Definitions ............................................................................................ 41 Chapter 3 – General Regulations............................................................................. 42 Chapter 4 – Emergency Planning and Preparedness .............................................. 42 Chapter 9 – Fire Protection and Life Safety Systems .............................................. 42 Chapter 10 – Means of Egress ................................................................................ 43 Chapter 12 – Energy Systems ................................................................................. 43 Chapter 31 – Tents, Temporary Special Event Structures and Other Membrane Structures ....... 43 Chapter 38 – Higher Education Laboratories ........................................................... 43 Chapter 49 – Requirements for Wildland-Urban Interface (WUI) Fire Areas ........... 44 Chapter 80 – Referenced Standards ....................................................................... 45 Appendix P – Community Wildland-Urban Interface (WUI) Fire Hazard Evaluation Framework .. 45 California Existing Building Code – Part 10 .......................................... 46 Chapter 1 – Scope and Application.......................................................................... 46 Chapter 2 – Definitions ............................................................................................ 46 Chapter 3 – Provisions for All Compliance Methods ................................................ 47 Chapter 5 – Prescriptive Compliance Method .......................................................... 48 Chapter 16 – Referenced Standards ....................................................................... 48 Department of Housing and Community Development ............................................ 49 California Green Building Standards Code – Part 11 ........................... 50 Chapter 2 – Definitions ............................................................................................ 50 Chapter 4 – Residential Mandatory Measures ......................................................... 50
v
Chapter 5 – Nonresidential Mandatory Measures .................................................... 52 Chapter A4 – Residential Voluntary Measures ........................................................ 53 Chapter A5 – Nonresidential Voluntary Measures ................................................... 53 California Referenced Standards – Part 12 ........................................... 55 Building Standards Commission .............................................................................. 55 State Fire Marshal .................................................................................................... 55
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1 INTRODUCTION
During the 2021 Triennial Code Adoption Cycle, California state agencies reviewed the most recent edition of national model codes and standards, and made amendments and additions to most parts of the California Building Standards Code, Title 24 of the California Code of Regulations (Title 24). This publication contains information regarding substantive changes of interest to code users as they familiarize themselves with the 2022 edition of Title 24. For ease of reading, this document uses all normal font style (no italics). When looking at Title 24, it is a good idea to learn about and understand the various margin markings, banners and text styles that will indicate where changes have been made to the code and what amendments are model code changes versus California amendments. An explanation of margin markings can be found in the preface of each part of Title 24.
State agency acronyms that may be used in this publication BSC – Building Standards Commission
CDPH – California Department of Public Health
CEC – California Energy Commission
DSA – Division of the State Architect
DWR – Department of Water Resources
HCD – Department of Housing and Community Development
OSHPD – Office of Statewide Health Planning and Development (now Department of Health Care Access and Information – HCAI)
SFM – State Fire Marshal
For the applications of amendments adopted by the various state agencies, reference Chapter 1 of each part of Title 24.
The parts of Title 24 may be abbreviated as follows:
CBC – California Building Code, Part 2, Volumes 1 and 2 CRC – California Residential Code, Part 2.5
CMC – California Mechanical Code, Part 4
CPC – California Plumbing Code, Part 5
CFC – California Fire Code, Part 9
CEBC – California Existing Building Code, Part 10
CALGreen – California Green Building Standards Code, Part 11 CRSC – California Referenced Standards Code, Part 12
To avoid confusion with other acronyms, abbreviations are not used for the California Administrative Code (Part 1), California Electrical Code (Part 3) or California Energy Code (Part 6).
2 Note that there were no significant updates to the California Historical Building Code, Part 8 of Title 24, and Part 7 is vacant, so those parts are not listed here. There are no changes to Part 8 because the State Historical Building Safety Board adopted the 2022 California Historical Building Code by carrying forward existing provisions from the 2019 edition without further amendment.
Model code developers:
Every three years the national model codes and standards are published, and by law California is required to incorporate specific model codes and standards into Title 24.
The model code publishers often issue significant code change documents explaining national code updates and the reasons for them. Links to those documents are provide below.
IAPMO – The International Association of Plumbing and Mechanical Officials (Parts 4 and 5)
Uniform Mechanical and Plumbing Code Updates webpage
ICC – The International Code Council (Parts 2, 2.5, 9 and 10) Purchase ICC’s 2021 Significant Changes publications
NFPA – National Fire Protection Association (Part 3)
2020 National Electrical Code updates links
Please watch the California Building Standards Commission’s (CBSC) video About Title 24 t o learn about the code's layout and contributing state agencies . For more in- depth information, visit CBSC’s Resources webpage to view and download educational publications such as a Guide to Title 24.
3 CALIFORNIA ADMINISTRATIVE CODE – PART 1
Chapter 1 – Building Standards Commission
1-209 Code Advisory Committees
Amended existing section footnote to clarify the requirements of the Fire Official and Local Government Water Efficiency Official positions in the Code Advisory Committees.
Sections 1-407, 1-411, 1-415, 1-419
Added document accessibility as a requirement for documents included in state agencies’ rulemaking submittals and added reference to Government Code Section 11546.7.(a).
1-507 Fee Collection
Amended existing section to remove information regarding the check-only payment method, added instructions for submitting payment and forms by mail (check) or email (electronic payment platform), and let fee payers know that they may only use the approved electronic payment platform, and that there is information regarding the platform on CBSC’s website.
Chapter 3 – State Fire Marshal
Article 3-1 General Provisions and Article 3-2 Definitions Added sections to Chapter 3 that was reserved for SFM in the 2019 edition. These sections provide clarifying language regarding the SFM fire and life safety authority for state-owned buildings, specified state-occupied buildings, and state institutions.
Chapter 4 – Division of the State Architect
4-309(c).2.B Reconstruction or alteration projects in excess of $100,000 in cost
Repealed exception to the section as it is inconsistent with the definition of “rehabilitation” in the regulations. The exception also implied that only the “…elements of the lateral force resisting system” need be evaluated, which led to confusion as DSA’s Seismic Performance Requirements per Table 317.5 explicitly require that the evaluation include assessment of non-structural components. 4-330 Time of beginning construction and partial construction Changed requirements that construction must commence on all school buildings with an approved project within four years instead of one year or else the approval is void.
Given this new four-year rule, extensions no longer apply and were repealed. Added an exception permitting DSA to withdraw approval or institute post-approval
4 requirements as necessary to address life-safety concerns in response to information received after approval of plans and before commencement of construction. 4-335(f)4 Structural tests and special inspections
Clarified requirements to provide DSA with daily special inspection reports when requested.
Group 3, Article 3 and deletion of Article 4
Revised procedure regarding submission of landscape plans for modifications, rehabilitations and new construction of landscape areas at public K-12 schools and community colleges.
The revisions include the elimination of a fee for review of landscape plans and revisions to the self-certification form, a provision that periodic site observations during construction will occur to ensure the work is completed in accordance with CALGreen Section 5.304 requirements, and replacement of two previously required self- certification forms with a single form.
Chapter 7 – Office of Statewide Health Planning and Development 7-111 Definitions
Added clarification that the equipment referred to in the definition of “Actual Construction Cost” is construction equipment only.
Added the definition of “Start of Construction” to clarify that the start date of construction may include actual physical work as well as the preparation for construction such as manufacturing components offsite.
Sections 7-111, 7-121, 7-130, 7-133 and others
Combined “Phased Plan Review” and “Collaborative Review and Construction” into a single process called “Integrated Review.” Renamed “Phased Plan Review” to “Integrated Review” so the definition of “Integrated Review” is added, the definition of “Phased Plan Review” is repealed, all references to “Phased Plan Review” and “Collaborative Review and Construction” are removed, and Memorandum of Understanding (MOU) is renamed to Integrated Review Plan (IRP).
Sections 7-113, 7-153 and others
Amended existing language to provide requirements for electronic submittals and field records.
7-123 Preliminary plans and specifications
Amended existing language to remove “outline” from the submittal requirements for specifications during a preliminary review as it has been proven an outline specification is insufficient for most preliminary reviews.
5 7-129 Time limitations
Amended following subsections:
7-129(b) to provide revised time limitations based on the cost of a project. 7-129(d) to include a description of when a project is considered abandoned. 7-129(d) Exception to limit the exception to paragraphs (a) and (b) so they do not apply to managed projects. Manage project time limitations would not apply as the durations are negotiated.
7-133 Fees
Amended following subsections:
7-133(a) to allow for projects with estimated construction cost of less than $250,000 to be invoiced at the rate of 2.0 percent of the estimated construction cost. 7-133(h) to remove collaborative review and replace phased review with integrated review. The fee of 1.95% is to be applied to integrated review. 7-145 Continuous inspection of the work
Clarified the requirement for the Inspector of Record to notify the office in writing when work is started and for the field record report to include the time and date of all correspondence with the contractor regarding incomplete work, potential deficiencies or deviation which require the contractor’s attention. Added additional requirements for the reports.
Chapter 10 – California Energy Commission
Please visit the California Energy Commission’s website for updates. energy.ca.gov/programs-and-topics/programs/building-energy-efficiency- standards/online-resource-center/overview
6 CALIFORNIA BUILDING CODE – PART 2
Tall Wood/Mass Timber provisions in various chapters of Part 2 BSC—DSA—HCD—OSHPD—SFM
Sections regarding construction elements of Tall Wood/Mass Timber and Heavy Timber were early adopted by various state agencies as amendments to the 2019 California Building Code (CBC) during the 2019 Intervening Code Adoption Cycle and issued as a supplement with a July 1, 2021, effective date. The amendments are repealed, as they are now included in the adopted 2021 International Building Code (IBC).
Part 2 Chapter Sections
Chapter 1 110.3.5
Chapter 2 202
Chapter 5 508.4.4.1, 509.4.1.1
Chapter 6 602.4 through 602.4.4.2
Chapter 7 703.6, 703.7, 718.2.1, 722.7 through 722.7.2.2 Chapter 17 - Sections 1705.5.3, 1705.5.5, 1705.11.1, 1705.11.2, 1705.12.2, 1705.12.3, 1705.20, 1705A.4.1, 1705A.5.5, 1705A5.7
Chapter 17 - Tables 1705.5.3, 1705.5.7, 1705A.5.3
Chapter 23 2304.10.1.2, 2304.11.3, 2304.11.4
Chapter 31 3102.3, 3102.6.1.1
Chapter 35 ANSI/APA PRG 320-2019, ASTM D3498-03(2011)
Chapter 1 – Scope and Administration
Building Standards Commission
105.5.1 [Permit] Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Statutes of 2018), which became operative January 1, 2019, and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.
CBSC Information Bulletin 19-03
regarding permit expiration dates was issued May
23, 2019, to local building departments, state agencies and CBSC interested parties.
7 Office of Statewide Health Planning and Development
1.10.2 OSHPD 2, 2A and 2B
OSHPD added new occupancy classifications to address distinctions between skilled nursing facility and intermediate care facility buildings erected with specific construction materials.
OSHPD 2 has been split into two (2) categories. OSHPD 2A is for skilled nursing facility and intermediate care facility buildings of single-story, wood-frame, or light steel frame construction or buildings of single-story, wood-frame, or light steel frame construction where only skilled nursing or intermediate care services are provided if the building is separated from a building housing other patients of the health facility receiving higher levels of care and must meet model code requirements.
OSHPD 2B skilled nursing facility and intermediate care facility buildings of all other types must meet the requirements designated by the OSHPD 2B banner.
If the only designation is OSHPD 2, the application is for both 2A and 2B.
State Fire Marshal
1.11.1 Specified state-occupied buildings
New definition with 11 criteria has been added in response to Senate Bill 85 (Public resources: omnibus trailer bill. (2019-2020)) that required the State Fire Marshal to provide a more accurate definition.
1.11.6 Certificate of Occupancy
Amendment citing a reference to Section 105.2 clarifying work exempt from permit.
Division of the State Architect, Department of Housing and Community Development, Office of Statewide Health Planning and Development, and State Fire Marshal
110.3.12 Types IV-A, IV-B and IV-C connection protection inspection This amendment was added in the 2019 intervening cycle but is now part of model code language in the 2021 IBC, therefore, this section is repealed to avoid duplication.
Chapter 2 – Definitions
California Energy Commission
CLIMATE ZONE Amended definition with specific reference to Figure 100.1-1 of the California Energy Code pertaining to the applicability of assigned climatic criteria for geographic regions to distinguish between the International Energy Conservation Code (IECC) and the California Energy Code.
8 State Fire Marshal
CHILD CARE Added a new defined term for child care that is consistent with the definition in Title 22 (Social Security) of the California Code of Regulations (Title 22).
DAY-CARE Amended the defined term day-care to specify the time period for the care of persons is not to exceed 24 hours, and is to be consistent with Title 22.
INFLATABLE AMUSEMENT DEVICE New defined term to specify characteristics of inflatable structures that need to be properly constructed and anchored.
PHOTOVOLTAIC (PV) PANEL SYSTEM, GROUND-MOUNTED New defined term to be consistent with references in CBC Chapters 16 and 31, CRC Chapter 3 and CFC Chapter 12.
PHOTOVOLTAIC (PV) SUPPORT STRUCTURE, ELEVATED New defined term for an elevated PV support structure designed with space underneath intended for secondary use such as providing shade for motor vehicle parking. Requirements for installation are addressed in Chapters 15 and 16.
TODDLER New defined term to align with the legal definition of toddlers from Health and Safety Code Section 1596.55. By distinguishing age differences, officials will be able to classify the related occupancies based on social services’ classifications used for licensing.
Chapter 3 – Occupancy Classification and Use
State Fire Marshal
304.1 Business Group B and 304.4 Higher education laboratories Removed new model code language about higher education laboratories from Section 304.1 and deleted new model code Section 304.4 since model code language for higher education laboratories is not used in California and conflicts with California’s Group L occupancy classification.
305.2 Group E, Child care facilities
Amendments clarifying child care regarding emergency situations applying to Groups I, E and R Occupancies.
310.3 Residential Group R-2
Amended the definition for Group R-2 to meet requirements of SB 234 (Chapter 244, Statutes of 2019): Small and large family child care in apartment houses can operate in R-2 occupancies when they comply with the regulations and with Health and Safety Code Section 1597.46.
9 Chapter 4 – Special Detailed Requirements
State Fire Marshal
455 Large Family Day-Care Homes
455.2. Amendment to meet requirements of SB 234 (Chapter 244, Statutes of 2019):
Small and large family child care in apartment houses can operate in R-2 occupancies when they comply with the regulations and with Health and Safety Code Sections 1597.45 and 1597.46 (reprinted in this section). 455.6 Compliance
Repealed an amendment regarding the enforcement of Health and Safety Code Sections 13145 and 13146 to align with Section 455.2.
Chapter 5 – General Building Heights and Areas
State Fire Marshal
508 Mixed Use and Occupancy
508.2.4 Separation of occupancies
Amendment permitting the consideration of some uses as accessory occupancies.
Among other requirements, the amendment revises Section 508.2.4 Exception and limits permitted, unseparated accessory covered entrances to those required by Section 11B-206.4.10 for weather protection at entrances to medical care and long-term care facilities or Section 1224.33.2.1, emergency medical service exterior entrances. The amendment eliminates a conflict with provisions enforced by Centers for Medicare-Medicaid Services (CMS).
Table 508.4 Required separation of occupancies (hours), Footnote J Amendment to the footnotes in Table 508.4 that reduces the fire-resistive separation criteria for covered vehicle entrances required by other provisions of the California Building Code associated with Group I-2 occupancies from 2-hour to 1- hour fire-resistance-rated construction.
Chapter 7A – Materials and Construction Methods
State Fire Marshal
Extensive amendments to Chapter 7A Wildland-Urban Interface (WUI) regulations.
The amendments were developed through the Office of the State Fire Marshal WUI task group and collaboration with local fire departments, other state agencies, building industry, testing labs, and stakeholders.
Other amendments have been made to be consistent with newly defined terms and to clarify established guidelines in WUI regulations that address different fire severity areas and agency responsibilities that are outlined in Chapter 49 of the CFC.
10 702A Definitions
FIRE PROTECTION PLAN Amended this defined term to align with the same defined term in Section 4903 of the CFC.
FIRE-RESISTANT VEGETATION New definition of plants less likely to ignite, contribute heat or spread flame. Also provides a list of resources for more information about these types of plants.
704A IGNITION-RESISTANT CONSTRUCTION Added testing standard for wood structural panels in Subsection 704A.3.1 Fire testing of wood structural panels.
Additional amendments in Section 704A are consistent with previous amendments made in Chapter 23 regarding fire-retardant-treated-wood and pressure treated materials.
710A Accessory Buildings and Miscellaneous Structures
710A.1 General Clarifies that Group U Occupancy accessory buildings shall conform to this section.
710A.3 Where required Amendment and subsections that are organized by uniform categories of distances from applicable buildings, and mandate enforcement for buildings greater than 120 square feet, and leave discretion to local Authority Having Jurisdiction (AHJ) for buildings less than 120 square feet. 710A.4 Roof construction Amendment that for an accessory building required to be constructed of noncombustible or ignition resistant materials, its roof must meet Class A fire rating.
Chapter 9 – Fire Protection Systems
State Fire Marshal
903.3.1.1.3 Solar photovoltaic power systems
Amendment to delete a requirement for the installation of smoke detectors in outdoor locations as a substitute for sprinkler protection.
Department of Housing and Community Development
915 Carbon monoxide detection
Modified to reference NFPA 72 National Fire Alarm and Signaling Code.
Chapter 10 – Means of Egress
State Fire Marshal
1032.2.1.2 Maintenance and 1032.2.1.3 Examination
Adjustments and revisions to CFC Sections 1104.16.7 and 1104.16.5.1 regarding the maintenance requirements for fire escapes have been relocated to Section 1032.
11 Chapter 11B – Accessibility to Public Buildings
Division of the State Architect – Access Compliance
11B-108 Maintenance of Accessible Features
Added requirements to include facilities regulated in Chapter 11B, including public and commercial buildings, as well as public housing in addition to public accommodations.
Chapter 12 – Interior Environment
California Energy Commission
User Note
Modified to properly reference the California Energy Code. 1202.3.1 California Energy Code and International Energy Conservation Code (IECC) Climate Zones and Table 1202.3.1 IECC vs California Energy Code Climate Zone Comparison
Added section and table to prevent confusion between climate zones identified in ICC model codes and climate zones identified in the California Energy Code by explaining the relationship between the two codes and adding Table 1202.3.1 to represent these differences.
Department of Housing and Community Development
1202.2.1 Ventilated attics and rafter spaces and 1202.3 Unvented attic and unvented enclosed rafter assemblies
Repealed reference to Climate Zones 14 and 16 and California Energy Code Figure 100.1-A since the California Energy Commission adopted a new Table 1202.3.1 from the International Energy Conservation Code.
Table 1202.3 Insulation for condensation control
Repealed reference to specific climate zones from the table since the California Energy Commission adopted a new Table 1202.3.1 from the International Energy Conservation Code.
Office of Statewide Health Planning and Development
1224.3 Definitions
HANDWASHING STATION Amended existing language to clarify that hands-free operation is required at the door and not at the handwashing fixture.
INVASIVE PROCEDURE New definition to be used to determine the classification of the imaging room or procedure room required.
LOCATION TERMINOLOGY Terms for relationship to an area or room.
12 READILY ACCESSIBLE Amended existing language to avoid ambiguity by removing the requirement that the area or room also be “directly accessible.” New language added to include option for locating readily accessible areas or rooms to within 200 feet of department or space served to accommodate space orientation or security concerns.
PROCEDURE ROOM New definition specifically designates the procedure room as the intermediate level room for procedures that do not require a full surgical environment.
RESTRICTED AREA Amended existing language to better align with Facilities Guidelines Institute (FGI), which stipulates that a restricted area is a designated space contained within the semi-restricted area and accessible only through a semi- restricted area. This definition is required to determine the level of procedure room to be used and the requirements therein.
SEMI-RESTRICTED AREA New defined term per request of CDPH. This area applies to intermediate level procedures and imaging as well as peripheral areas that support surgical services.
START OF CONSTRUCTION OSHPD added the definition to Part 1, California Administrative Code. The banner note added to this definition avoids ambiguity and clarifies that the term is not adopted by OSHPD.
UNRESTRICTED AREA New defined term per CDPH request. This area applies to any area of the department that is not defined as semi-restricted or restricted. This definition is required to determine the level of control outside a surgical area or within a medical department.
1224.4.4.1 Examination, treatment, and procedure rooms
Amended existing language to add “procedure room” to the heading. 1224.4.4.1.2 Treatment room
OSHPD has coordinated with CDPH to add a requirement for providing a new service space for exercise stress testing. This space can be in several locations within a hospital and not assigned to any one service. Amended language allows for exercise stress testing in a treatment room due to the need for space for a crash cart and possible resuscitation.
1224.4.4.1.4 Procedure room
Added new language to align with
Facilities Guidelines Institute (FGI) requirements
and renumbered following sections.
1224.4.4.4.1 Medication preparation room
Per CDPH request, amended existing language to remove the requirement that a medication preparation room be directly accessible from the nursing station.
13 Table 1224.4.6.1
Line 6 has been identified specifically for “Intensive Care” to avoid confusion with the similarly named room on Line 3.
Table 1224.4.6.5
Added Note 1 to the line for Patient Toilet Room under column 1226. Current language is confusing and is often misinterpreted that a nurse call station is required in all clinic patient toilets under column 1226. The note clarifies that a nurse call station is not required for Primary Care, Chronic Dialysis or Psychology Clinic patient toilet rooms.
1224.4.11 and 1224.4.11.4.1 Interior Finishes
Added a pointer to the new table for different levels of procedure and imaging rooms. Includes new Table 1224.4.11.4a which identifies the different levels of exam/procedure rooms as well as the different classes of imaging rooms, including the room type, the uses in each type of room, if the room is unrestricted, semi- restricted or restricted, how it is accessed, and the level of finishes required. 1224.14.2 Support areas
Amended existing language to allow for support areas that service nursing units to be shared if there is direct access, including nurses’ office, a clean utility/workroom, soiled workroom or soiled holding room, nourishment area and equipment storage room.
1224.14.2.15 Special bathing facilities
Amended existing language for special bathing facilities to be optional. Per review with CDPH, special bathing facilities for roll-in gurneys should not be a requirement as there are several other methods of bathing or cleaning bedridden patients. 1224.15.1 General
Amended existing language to clarify that a sterile core where clean equipment is stored prior to bringing into an operating room is required to be in a restricted area. 1224.15.2.2 Procedure room(s)
Added a pointer to the requirements for a procedure room. The following section 1224.15.2.2.1 was renumbered.
1224.16.3 Recovery and Post-Anesthesia Care Unit (PACU) Amended existing language to clarify the clearances required between beds and the access aisle at the foot of a bed.
1224.18 Radiological/diagnostic imaging service space
Amended existing language to provide direction for applying the new classes of imaging rooms. To alleviate confusion, pointers are provided to Table 1224.4.11.4a and to address more acute-level procedures using imaging systems in hybrid operating rooms.
14 1224.18.1 Minimum requirements
Amended existing language to allow a CT scanner to be used as the primary imaging modality once Title 22 is revised. Existing language was also amended to allow the space used for processing images to also be used exclusively for viewing, as processing technology is no longer required on newer equipment. Requirements for handwashing stations were added to provide direction for applying the new classes of imaging rooms.
1224.18.1.1 Radiation protection
Added requirements for radiation protection in the new classes of imaging rooms. 1224.18.1.2 Multiple-modality devices
Added new language to clarify that when two or more modalities are integrated into one device, the requirements of both must be met. This would apply to space requirements, radiation protection and any differences in the requirements. 1224.18.4 Magnetic resonance imaging (MRI)
Added new language to provide safety zones for MRIs. Existing language for the imaging equipment room was amended to align with other imaging equipment room annotation.
1224.18.5 Ultrasound
Amended existing language to properly identify an ultrasound exam room. An exception is added to not require a directly accessible toilet if only specific exams are conducted. Language is added for the requirements of a processing room if it is to be provided as a support service.
1224.19.7 Support areas for staff
Amended existing language to align with Title 22 and Board of Pharmacy regulations that pharmacy staff lounge, lockers and toilet may be readily accessible in lieu of immediately accessible.
1224.20.3 Outside service
Amended existing language to clarify that if a temporary mobile kitchen is approved by CDPH for use during construction, a separate warming kitchen is not needed internally.
1224.22 Central sterile supply
Per a request from CDPH, amended existing language to clarify that a central sterile supply process includes distinct spaces within one or more rooms. 1224.25 Employee dressing rooms and lockers
Amended existing language to clarify that the lockers must be separate from the toilet room and not within it.
1224.28.2.1 Procedure room and 1224.28.2.3 Equipment space Amended existing language to update “x-ray” to “imaging” equipment.
15 1224.28.4.8 Imaging equipment room
Amended existing language for the imaging equipment room to align with other imaging equipment room annotations.
1224.28.4.12 Staff changing areas
Amended existing language to clarify that both male and female staff changing areas are required as interventional procedures are equivalent to surgery and have the same changing requirements.
1224.28.5.2 Control room
Added new language to allow cameras to be used for patient observation in hybrid operating rooms as the configuration of the rooms may prevent full patient visibility within the equipment bore from within the control room. 1224.28.5.5.2 iMRI
Corrected reference pointer in Item 3 of 1224.28.5.5.2 to indicate that the anteroom must comply with Section 1224.18.4.2, Item 2.
1224.28.5.5.3 Vascular imaging
Corrected reference pointer to indicate that hybrid operating rooms with vascular imaging systems must comply with Section 1224.18.4.
1224.29.1.12 Medication station
Added to existing language to clarify that refrigerated storage is required for the medication station in an ICU.
1224.29.1.13 Airborne infection isolation room
Amended existing language to clarify that ICU units that are protected environments do not require airborne infection isolation rooms as all rooms are already negative pressure.
1224.29.2 Newborn intensive care units (NICU)
Amended existing language to clarify that the headwall in a NICU does not need to be 13 feet long as in an ICU. This would force the NICU bed spaces to be much larger than needed.
1224.30 Pediatric and Adolescent Unit
Amended existing language to align with Title 22 language for pediatric and adolescent units, and clarified that both an exam room and a treatment room are required in or adjacent to the pediatric unit.
1224.31.1.1 General
Amended existing language to clarify that the requirements for a psychiatric nursing unit in Section 1224 is for a psychiatric medical unit and Section 1228 is for a psychiatric ambulatory unit.
16 1224.31.1.10 Occupational therapy
Amended existing language to remove the requirement for an area for teaching daily living activities.
1224.31.1.17 Administrative center(s) or nurse stations(s) Added new language to state that a nurse station can be no further than 90 linear feet from the furthest patient room doorway. This is a Title 22 requirement for a medical psychiatric unit which was not currently in the building code.
Chapter 14 – Exterior Walls
California Energy Commission
1404.3.3 California Energy Code and International Energy Conservation Code Climate Zones
Amendment added to prevent confusion between climate zones identified in ICC model codes and climate zones identified in the California Energy Code and to cross- reference Table 1202.3.1, which describes the differences between these codes.
Chapter 16 – Structural Design
Office of Statewide Health Planning and Development
1605.2 (Formerly 1605.3.2) Alternative allowable stress design load combinations
Added variable load requirement for the alternative allowable stress design load combinations for OSHPD 1R, 2B and 5.
Table 1613.2.3(1) and Table 1613.2.3(2)
Amendment language for Site Class E (Table 1613.2.3(1) only) and Footnote C to be consistent with ASCE 7-16 Supplement 3 as amended in CBC Chapter 35.
Division of the State Architect
1617.3.2 Alternative allowable stress design load combinations Added variable load requirement where the alternative allowable stress design load combinations of Section 1605.2 are used.
Chapter 16A – Structural Design
Division of the State Architect and
Office of Statewide Health Planning and Development
Updates, clarifications and revisions to ASCE 7 standards: Seismic ground motion values, response modification coefficient; Two-Stage Analysis Procedure; Horizontal and Vertical Irregularities for Seismic Design Categories; Foundation connections; Wall, Roof or Floor Hung Equipment; Provisions for piping and tubing systems.
17 1605A.2 Alternative allowable stress design load combinations Added a variable load requirement for the alternative allowable stress design load combinations.
Table 1613A.2.3(1) and Table 1613A.2.3(2)
Amendment language in Site Class E (Table 1613.2.3(1) only) and footnote C to be consistent with ASCE 7-16 Supplement 3 as amended in CBC Chapter 35. 1617A.1.3 ASCE 7, Section 11.4
Modifications to ASCE 7 including an amendment added to adopt ASCE 7-16 Supplement 3 which updates various subsections in ASCE 7-16 Section 11.4 to the seismic ground motions values.
1617A.1.5 ASCE 7, Section 12.2.3, 12.2.3.1, and 12.2.3.2 Amended to incorporate the ballot change proposals related to combining of different lateral force resisting systems and the Two Stage Analysis Procedures that passed main committee ballot of ASCE 7-22. Some of these amendments will need to be deleted when ASCE 7-22 is adopted to avoid duplication. 1617A.1.10 ASCE 7, Section 12.3.3.1
Exception 2 added to address structures having a horizontal structural irregularity Type 1b of Table 12.3-1.
1617A.1.16 ASCE 7, Section 12.13.9.2
Clarification added that lateral building response including seismic load combinations do not need to be considered concurrently with differential settlements for shallow foundations on liquefiable sites, and to clarify that force demands due to differential settlements are not required to be additive to the seismic earthquake demands.
1617A.1.18 ASCE 7, Section 13.1.4
This section applying to different types of equipment is now being co-adopted by DSA with varying weight requirements. Wall, Roof or Floor Hung Equipment requirements added by both DSA and OSHPD.
1617A.1.27 and 1617A.1.28
Clarification added that minimum horizontal acceleration requirement is an allowable stress design load.
Chapter 17 – Special Inspections and Tests
Office of Statewide Health Planning and Development
1705.3.9 (formerly 1705.19) Shotcrete and 1705.3.9.1 (formerly 1705.19.1) Visual examination for structural soundness of in-place shotcrete Existing amendments about shotcrete inspections and tests relocated to Section 1705.3 that addresses concrete construction.
18 1705.3.9.2 Preconstruction tests
ICC deleted requirements for shotcrete from the model code Section 1908 as they are now incorporated in referenced standard ACI 318-19, so OSHPD added new section 1705.3.9.1 to incorporate requirements previously located in an amendment to Section 1908A.10.2 and model code Sections 1908.4.1 and 1908.5.
Chapter 17A – Special Inspections and Tests
Division of the State Architect and
Office of Statewide Health Planning and Development
1705A.3.9 (formerly 1705A.19) Shotcrete and 1705A.3.9.1 (former 1705A.19.1) Visual examination for structural soundness of in-place shotcrete Existing amendments about shotcrete inspections and tests relocated to Section 1705.3 that addresses concrete construction.
1705A.3.9.2 Preconstruction tests
ICC deleted requirements for shotcrete from the model code Section 1908 as they are now incorporated in referenced standard ACI 318-19, so OSHPD added new section 1705.3.9.1 to incorporate requirements previously located in amendment to Section 1908A.10.2 and model code Sections 1908.4.1 and 1908.5. 1705A.8.1 Micropile tests and 1705A.9.1 Helical pile tests Added preproduction and production load tests requirements. 1705A.13.5.2 Structural sealant glazing and 1705A.14.2.1 Structural sealant glazing testing
Added testing, manufacturer’s certification, and special inspection requirements.
Chapters 18 and 18A – Soils and Foundations
Division of the State Architect and
Office of Statewide Health Planning and Development
Amendments regarding construction documentation, seismic designs of precast concrete piles and corrosion protection throughout Chapters 18 (OSHPD only) and 18A (OSHPD and DSA) are to correspond with revisions and updated references in model code regarding OSHPD and DSA occupancies and compliance to ACI 318 and ASCE 7.
Chapter 19 – Concrete
Office of Statewide Health Planning and Development
1901.3.4 Tests for post-installed anchors in concrete and 1901.3.4.3 Test frequency
OSHPD 2A excluded from the scope of Section 1901.3.4. Exception added for OSHPD 2B to clarify that for in-state detention and correctional facilities, tension
19 testing is not required for post-installed anchors used for attaching nonstructural components under certain circumstances.
1905.1.7 ACI 318, Section 14.1.4
Amendment to ACI 318 has been revised to not permit plain concrete in place of required longitudinal reinforcing of footings in Seismic Design Categories D, E and F.
1908 Shotcrete
The model code has repealed all shotcrete requirements in favor of those contained in the new version of the adopted material standard ACI 318-19, so some amendments have been relocated to Section 1905 or 1705 and amendments were added to coordinate with the updated standards.
Division of the State Architect
1909.2.8 Flat wall insulating concrete form (ICF)
Amendment to facilitate the enforcement of code and industry standards where appropriate based on unique aspects of ICF construction. 1909.3 Modifications to ACI 318 and 1909.4 Shotcrete
Existing amendments revised as necessary to coordinate with the new version of the adopted material standard ACI 318-19. The 2021 IBC repealed shotcrete requirements in deference to requirements contained in the adopted material standard ACI 318-19, so continued DSA amendments associated with the repealed model code language are relocated to amend the applicable sections.
Chapter 19A – Concrete
Division of the State Architect and
Office of Statewide Health Planning and Development
1903A.4 Flat wall insulating concrete form (ICF) systems Amendment to facilitate the enforcement of code and industry standards where appropriate based on unique aspects of ICF construction (DSA only). 1905A.1.3 ACI 318, Section 9.6.1.3
Amendment to allow the minimum steel reinforcement limit given in the adopted material standard ACI 318-19 to apply to foundation members resisting seismic loads designed for load combinations, including the overstrength factor.
Sections 1905A.1.15, 1905A.1.16, 1908A
The 2021 IBC has repealed shotcrete requirements in deference to requirements contained in the adopted material standard ACI 318-19 so continued DSA amendments associated with the repealed model code language are relocated to amend the applicable sections.
20 1910A.5.3 Test frequency
Exception added for OSHPD 4 to clarify that in state detention and correctional facilities, tension testing is not required for post-installed anchors used for attaching nonstructural components under certain circumstances (OSHPD only).
Chapter 21 – Masonry
California Energy Commission
2109.2.4.8.2 Vapor permeance
Amendment added with specific reference to Table 1202.3.1 to distinguish between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.
Division of the State Architect
2115 Additional requirements for community colleges
Existing amendments in sections 2115.5, 2115.6, 2115.7 and 2115.9 revised as necessary to align with changes DSA and OSHPD made in sections 2104A.3, 2105A.2 and 2106A.1, and changes OSHPD made in 2104.2, 2105.2 and 2106.1. All the above-mentioned amendments in Chapters 21 and 21A have been made to provide better clarity and alignment with TMS 402/602.
Office of Statewide Health Planning and Development
Sections 2101, 2103, 2104, 2105, 2106, 2107 and 2108
Added a new occupancy classification OSHPD 2B to address skilled nursing and intermediate care facilities to distinguish application to care facilities other than OSHPD 2A regarding grout pours, approved masonry admixtures and quality assurance measures. Revisions also made to the existing amendments to provide better clarity and alignment with TMS 402/602.
2103.4 Metal reinforcement and accessories
Amendment added clarifying that unidentified reinforcement also includes bar reinforcement without mill certification.
2103.5 Air entrainment
Amendment repealing the use of air-entraining materials or air-entraining admixtures in masonry grout.
Chapter 21A – Masonry
Division of the State Architect and
Office of Statewide Health Planning and Development
2103A.4 Metal reinforcement and accessories
Amendment added clarifying that unidentified reinforcement also includes bar reinforcement without mill certification.
21 2103A.5 Air entrainment
Amendment repealing the use of air-entraining materials or air-entraining admixtures in masonry grout.
2104A Construction, 2105A Quality assurance, 2106A Seismic design, 2107A Allowable stress design and 2108A Strength design of masonry Revisions to existing amendments including relocation to other sections that modify associated sections in TMS 402 and 602 and adding amendments to provide better clarity and alignment with the referenced standards.
California Energy Commission
2109.2.4.8.2 Vapor permeance. Exception
Amendment to distinguish between climate zones identified in ICC model codes and climate zones identified in the California Energy Code, and to cross-reference Table 1202.3.1 that describes the differences between these codes.
Chapter 24 – Glass and Glazing
Division of the State Architect and
Office of Statewide Health Planning and Development
2410 Structural sealant glazing (SSG)
OSHPD 2A facilities excluded from the scope of Section 2410. 2410.1.2 Testing and inspection
In Item 1, the reference to ASCE 7 Section 13.5.9.2 is removed for clarity, as the language contradicts the requirements of Item 1 by allowing engineering analysis in lieu of testing. DSA added an exception to reduce testing requirements for Risk Category I, II, and III buildings within DSA-SS and DSA-SS/CC authority where the prevention of glass fallout is not dependent on the structural sealant in two-sided configurations.
Chapter 25 – Gypsum Board, Gypsum Panel Products and Plaster California Energy Commission
2510.6.3 California Energy Code and International Energy Conservation Code Climate Zones
Amendment with reference to Table 1202.3.1 pertaining water-resistive barriers and applicability of climate zone criteria to distinguish between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.
22 Chapter 27 – Electrical
State Fire Marshal
Section 2702 Emergency and Standby Power Systems
[F] 2702.1.2 Fuel-line piping protection
Added new Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access to the section.
Chapter 31 – Special Construction
California Building Standards Commission
3109.2 California swimming pool safety act (statewide)
Amended to reflect Senate Bill 1078, Statutes of 2018.
Department of Housing and Community Development
3115 Intermodal Shipping Containers, Exception 5
Adopted IBC Section 3115 and added an amendment to clarify that the use of shipping containers constructed or converted off-site that qualify as Factory-built Housing pursuant to HSC Section 19971 or Commercial Modular(s) pursuant to HSC Section 18001.8, must be approved by HCD.
State Fire Marshal
3111.3.5 Elevated photovoltaic (PV) support structures and 3111.3.5.1 PV panels installed over open grid framing or non-combustible deck Amendment establishing appropriate fire testing and listing criteria for overhead photovoltaic (PV) support structures that could have people or vehicles in the space beneath them.
Division of the State Architect
3115 Intermodal shipping containers
Added regulations regarding the use of shipping containers.
Chapter 31B – Public Swimming Pools
Department of Housing and Community Development
Chapter 31B Public swimming pools
Adopted as applicable to swimming pools which are permanent accessory structures in Mobilehome Parks (MHP) and Special Occupancy Parks (SOP). The adoption provides health and safety standards similar to those for public pools outside of MHPs and SOPs.
23 Chapter 35 – Referenced Standards
Division of the State Architect and
Office of Statewide Health Planning and Development
Amendments to update the edition of various referenced standards including but not limited to AAMA 501.4, AAMA 501.6, ACI 355.2 and ACI 355.4. Add amendment to adopt Supplements 2 and 3, in addition to Supplement 1 of ASCE/SEI 7-16. Add amendments to adopt 506.4R-94 and 506.6T-17 for facilities within OSHPD authority.
State Fire Marshal
ASTM F2374 Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices
Added provisions for inflatable amusement devices.
Several updates to NFPA referenced standards including NFPA 10-21, 13-22, 13D- 22, 13R-22, 24-19, 37-18, 54-18, 72-22, 111-19, 130-20, 289-19, 502-20 to follow 2021 IBC model code revisions and to align with state laws and regulations based on California specific topographical, climatic and geological issues.
NFPA 13-22 Installation of Sprinkler Systems
Corrections made to the referenced standard to resolve conflicts in requirements for positive alarm features and pre-signaling devices in I-2 and R2.1 occupancies affected by CBC Section 1008.3.2 regarding signaling delay issues and emergency power and egress illumination.
NFPA 45-19 is deleted since it conflicts with CFC regulations.
NFPA 72-22 National Fire Alarm and Signaling Code
Corrections made to the referenced standard to resolve conflicts in requirements for positive alarm features and pre-signaling devices in I-2 and R2.1 occupancies affected by CBC Section 1008.3.2 regarding signaling delay issues and emergency power and egress illumination.
24 CALIFORNIA RESIDENTIAL CODE – PART 2.5
Chapter 1 – Scope and Application
Building Standards Commission
R105.5.1 [Permit] Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Statutes of 2018), which became operative January 1, 2019 and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.
CBSC Information Bulletin 19-03
regarding permit expiration dates was issued May
23, 2019 to local building departments, state agencies and CBSC interested parties.
State Fire Marshal
1.11.1 Specified State-occupied Buildings
New definition with 11 criteria has been added in response to Senate Bill 85 (Chapter 31, Statutes of 2019) that required the State Fire Marshal to provide a more accurate definition.
Chapter 2 – Definitions
State Fire Marshal
Added new DEFINITIONS to support 2022 code changes: Child Care; Exterior Wall Assembly; Exterior Wall Covering; Inflatable Amusement Device; Photovoltaic (PV) Panel System, Ground Mounted; Photovoltaic (PV) Support Structure, Elevated; Toddler; Wildland-Urban Interface (WUI).
Chapter 3 – Building Planning
Department of Housing and Community Development
R301.2.2.10 Anchorage of water heaters
Repealed model code language about seismic design categories and replace references to IRC sections not adopted in California with reference to CPC.
R320.2 Live/work units
Amendment to correct references to CBC Chapters 11A and 11B for accessibility requirements.
25 R327 Aging-in-place design and fall prevention
Added new section that replaces IRC Section 327, Swimming Pools, Spas and Hot Tubs. Added to address specific aging-in-place design elements in new residential construction to facilitate access to operational features and to allow people to stay longer in their homes as they age.
State Fire Marshal
R310.1 Emergency escape and rescue opening required
Repealed language that conflicts with the CFC and California Code of Regulations, Title 19, Public Safety.
R313.3.2 Sprinklers
Amended existing California amendment to add dry pipe sprinkler.
R324.8
Elevated photovoltaic (PV) support structures, R324.8.1 and R324.8.2 Added new sections to establish appropriate fire testing and listing criteria for overhead photovoltaic (PV) support structures that could have people or vehicles in the space beneath them.
Figure R328.8.1 ESS vehicle impact protection
Added to illustrate the zones in which a typical residential garage Energy Storage System (ESS) installation would trigger the need for impact protection.
R328.8.2 Other locations subject to vehicle impact
Added to address other-than-garage locations that may also have vehicle access, such as residential driveways, and allows some flexibility to the AHJ and installer for larger, non-typical, or custom residential garages where the normal path of vehicle travel falls outside of the area defined in R328.8.1.
R328.8.3 Impact protection options
Added to define an impact protection area and set the expectation that the barriers are intended to deflect, resist or visually deter an impact. This language matches Section 312.3 in the IFC.
R336.2. Health and Safety Code Section 1597.46
Amendment to comply with changes made to the California Health and Safety Code (HSC) by Senate Bill 234 (Chapter 244, Statutes of 2019) regarding large family day-care homes. The revised HSC Section 1597.46 is printed in this section.
R336.6 Compliance
The paragraph regarding enforcement of HSC Sections 13145 and 13146 is repealed to comply with SB 234 (Chapter 244, Statutes of 2019).
R337.2 Definitions
APPLICABLE BUILDING Added to define an applicable building relative to the regulations of Chapter 7A.
26 EXTERIOR WALL ASSEMBLY and EXTERIOR WALL COVERING Added to distinguish between different exterior wall products in Section 707 of the California Building Code.
FIRE PROTECTION PLAN Modified existing definition to provide a reference pointer to CFC Chapter 49 for Wildland-Urban Interface (WUI) Fire Area requirements.
FIRE-RESISTANT VEGETATION Add new definition of plants less likely to ignite, contribute heat or spread flame. Also provides a list of resources for more information about these types of plants.
IGNITION-RESISTANT MATERIAL Revised because SFM Standard 12-7A-5 has been repealed and rendered obsolete.
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE Repealed existing definition.
R337.6.2.1 Off ridge and ridge vents
Repealed language regarding vents mounted on a vertical surface that has been incorporated into CBC Section 706A.2 requirements. The new language in R337.6.2.1 allows for a compliance path for off ridge and ridge vents to be used in the wildland urban interface, with protections against ember intrusion.
R337.7.3 Exterior wall coverings and R337.7.3.1 Exterior wall assembly Separated into two sections.
R337.7.4 Exterior wall assemblies and R337.7.4.1 Conditions of acceptance when tested in accordance with ASTM E2707
Revised language to clarify that the fire resistance rating for the newly defined “exterior wall assemblies” is consistent with exterior wall coverings in Section R337.7.3.
R337.10.4 Roof construction
Revised language to clarify that when an accessory building is required to be constructed of noncombustible materials or of ignition-resistant materials, its roof must meet Class A fire rating.
Chapter 4 – Foundations
Department of Housing and Community Development
R408.3 Unvented crawl space
Repealed amendment regarding crawl space perimeter wall insulation and reference to the California Energy Code.
27 California Energy Commission
R408.8 Under-floor vapor retarder
New Note with a specific reference to Table R702.7(5) in this section regarding the applicability of vapor retarders and insulation with respect to the difference between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.
Chapter 7 – Wall Covering
Department of Housing and Community Development
R702.7.1 Class III vapor retarders
Repealed amendments pertaining to the California Climate Zones relative to vapor retarders for interior wall coverings. The California Energy Commission amended sections specific to climate zones in CRC Chapters 4, 7, 8, and Appendix AS and in the California Energy Code.
California Energy Commission
R702.7.2 California Energy Code and International Energy Conservation Code Climate Zones.
New section with a specific reference to Table R702.7(5) pertaining to the use spray foam plastic insulation and the difference between the applicability of climate zones identified in ICC model codes and the climate zones identified in the California Energy Code.
Table R702.7(5) IECC vs. California Energy Code Climate Zone Comparison New Table depicting specific differences between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.
Chapter 8 – Roof-Ceiling Construction
California Energy Commission
R806 Roof Ventilation, Note
Informational Note added to the section with specific reference to Table R702.7(5) regarding the applicability of energy efficiency measures and to reinforce the difference between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.
State Fire Marshal
R806.1.1 Vents in the Wildland Urban Interface (WUI)
Amended to ensure that where vents are provided in WUI areas, they are required to be protected from the intrusion of burning embers and flame.
28 Chapter 9 – Roof Assemblies
State Fire Marshal
R902.1.2 Roof coverings within state responsibility areas This existing amendment is repealed to correlate with CBC Chapters 7A and 15 for roof coverings in WUI areas.
Chapter 44 – Referenced Standards
State Fire Marshal
ASTM F2374
Added to address safety requirements for inflatable amusement devices also known as “bounce houses,” and to correlate with the type of devices covered by IFC requirements.
UL 9540-2020
Modifies the existing standard. The second edition of UL 9540 has new requirements that limit the maximum energy capacity of individual nonresidential electrochemical Energy Storage Systems (ESS) to 50 kWh with certain exceptions.
UL 9540A-Edition 4 2019
Modified the existing California amendment to correlate with other updates and new regulations regarding battery ESS.
Appendix AS – Strawbale Construction
California Energy Commission
Appendix AS – Strawbale Construction
Informational Note added to the appendix title heading with specific reference to Table R702.7(5) regarding the applicability of energy efficiency measures and to reinforce the difference between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.
Department of Housing and Community Development
Amended this appendix to repeal references to climate zones and the California Energy Code.
29 Appendix AX
Building Standards Commission
Swimming Pool Safety Act
Amended the note under the title to reflect this law is mandatory, not optional for local adoption. To align with the CBC, Chapter 31, Appendix AX section numbers were reformatted to reflect the numbering used in HSC 115920 through 115929.
30 CALIFORNIA ELECTRICAL CODE – PART 3
California Energy Commission
Sections of the California Electrical Code were amended by CEC to assist code users by identifying additional applicable energy efficiency-based electrical requirements in the California Energy Code that are applicable to the following systems:
• Electrical power distribution systems.
• Panelboards in single-family and multifamily buildings • Heat pump water heaters, electric cooktops, electric clothes dryers and their electric readiness in single-family and multifamily buildings • Electrical requirements for energy storage systems (ESS) and their electric readiness in multifamily buildings
Part 3 Chapter Sections
Chapter 1 89.101.8.2
Chapter 4 408.2(A), 408.2(B), 422.3(A),
422.3(B), 440.3(E), 440.3(F)
Chapter 7 706.10
Housing and Community Development
90.2 Scope
New amendment to avoid conflict with text in Section 89.101.3.3 regarding installations in ships, watercraft other than floating dwelling units, railway rolling stock, aircraft, automotive vehicles, commercial coaches, mobile homes and recreational vehicles.
State Fire Marshal
620.71 Guarding Equipment
Repealed California amendment that prohibited the installation of an elevator motor controller and/or motion controller in the hoistway.
Office of Statewide Health Planning and Development
110.2 Approval
Defined new requirements for equipment that must be satisfied in order to be approved by OSHPD for use.
110.26 Spaces About Electrical Equipment. (C) Entrance to and Egress from Working Space. (3) Personnel Doors
Amendment to reference the CBC for additional exit door requirements for electrical equipment room rated 800-amperes or more.
31 404.4 Damp or Wet Locations. (C) Switches in Tub or Shower Spaces Amendment to reduce the restriction distance for the installation of receptacles from five feet to three feet horizontally. This aligns with model code language in Section 406.9(C).
517.30 Sources of Power. (B) Types of Power Sources. (3) Battery Systems Amendment to allow battery systems to be used as an alternate power source. 517.32 Branches Requiring Automatic Connection. (A) Life Safety and Critical Branch Used in a Type 1 EES
Restore the 10-second restoration time for Type 1 life safety and critical branches. 517.34 Critical Branch. (A) Task Illumination, Fixed Equipment, and Selected Receptacles
Amendment for imaging equipment used for diagnostic services of emergency/trauma patients to be powered by the critical branch or equipment branch.
517.44 Connection to Equipment Branch. (B) Delayed Automatic or Manual Connection to the Equipment Branch. 517.44.1 [OSHPD 2, 4 & 5] Connection to Equipment Branch
Amendment to restore the requirement that Type 2 EES equipment branch load listed in Section 517.44(A) must automatically restore to operation at appropriate time-lag intervals following the energization of the life safety branch. 517.123 [OSHPD 1, 2, 3, 4 & 5] Call Systems
(A) General. Added references to the CBC’s applicable sections for nurse call systems.
(C) Bath Stations
. Changed the mounting height requirements for nurse call system “bath station” devices located at the patient toilets.
700.12 General Requirements. (C) Storage Battery
Amendment to require a storage battery system used as an alternate power source to have the equivalent capacity and operating duration as an equivalent generator set operating on an on-site fuel supply.
32 CALIFORNIA MECHANICAL CODE – PART 4
Chapter 1 – Scope and Application
Building Standards Commission
104.4.3.1 Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Chapter 655, Statutes of 2018), which became operative January 1, 2019 and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.
CBSC Information Bulletin 19-03
regarding permit expiration dates was issued May
23, 2019 to local building departments, state agencies and CBSC interested parties.
State Fire Marshal
1.11.4.4 Fire Clearance Preinspection and 1.11.4.5 Care Facilities Updated to meet Health and Safety Code Section 13244 and to align with other parts of Title 24 regarding fee structures for Fire Clearance Pre-inspection and Care Facilities.
1.11.6 Certificate of Occupancy
Updated to correlate with the requirements for certificate of occupancy in the CBC.
California Energy Commission
Section 1.1.8 California Energy Code Requirements for Locally Adopted Energy Standards
Amendment clarifies that “local jurisdictions that adopt changes to energy conservation or insulation standards (including energy efficiency measures) may not enforce such changes until the California Energy Commission has made the findings required by Public Resources Code Section 25402.1(h)(2), following the process specified in Section 10-106 of the California Administrative Code.”
33 Chapter 2 – Definitions
Office of Statewide Health Planning and Development
228.0 Z
ZONE [OSHPD 1, 2, 3, 4 & 5]
New code section has been added. OSHPD has added the definition of Zone to OSHPD 1, 2, 3, 4 & 5 to specify the meaning of this term within Part 4 and reduce confusion.
Chapter 3 – General Regulations
Department of Housing and Community Development
311.2 Air Filters
Repealed amendment in the exceptions referencing the California Energy Code, since the California Energy Commission included this amendment in their rulemaking.
California Energy Commission
Section 311.5 California Energy Code Requirements for Residential Air Filtration
New code section added pointers specifying requirements for outdoor air delivery to occupied spaces where specified in California Energy Code Sections 150.0(m)12 and 160.2(b).
Chapter 4 – Ventilation Air
Building Standards Commission
402.1 Occupiable Spaces
Repealed amendment in the exceptions referencing the California Energy Code, since the California Energy Commission included this amendment in their rulemaking.
Department of Housing and Community Development
405.3 Bathroom Exhaust
Amendment providing a reference pointer to CALGreen (Part 11 of Title 24), Division
4.5, Environmental Quality.
Office of Statewide Health Planning and Development
407.5.1.3 Variable Air Volume
Amendment clarifies that spaces with pressure requirements per Table 4-A shall utilize an automatic modulating damper in the return or exhaust air for each space and that the damper will modulate from full open to minimum position in conjunction with the supply air VAV terminal equipment.
34 407.6 Economizers
New code section requires that systems with economizers shall include modulating relief and/or return fans to ensure compliance with the pressure requirements of spaces listed in Table 4-A.
420.0 Air Distribution Devices [OSHPD 1, 2, 3, 4 & 5]
New code section requires all air distribution devices and supply air outlets meet ASHRAE 170-2013, Section 6.7.2 and Table 6.7.2. This is consistent with other regulations that address prevention measures to abate disease-causing microorganisms within mechanical systems.
Chapter 6 – Duct systems
Department of Housing and Community Development
601.2 Sizing Requirements
Repealed amendment in the exceptions referencing the California Energy Code, since the California Energy Commission included this amendment in their rulemaking 603.10.1.1 Duct Leakage Tests for Residential Buildings Repealed amendment in the exceptions referencing the California Energy Code, since the California Energy Commission included this amendment in their rulemaking.
California Energy Commission
Section 601.2.1 California Energy Code Residential Return Duct Sizing Requirements
New code section applicable to new construction and alterations with pointers to California Energy Code Tables 150.0-B and 150.0-C to specify return duct sizing requirements for single return and multiple return duct systems, respectively. 603.9.2.1 Duct Leakage Tests for Buildings that Meet Air Distribution System Duct Leakage Sealing Criteria in Title 24, Part 6
New code section with pointers to the California Energy Code applicable to single- family and multifamily buildings, hotels/motels and nonresidential buildings.
Chapter 9 – Installation of Specific Appliances
Department of Housing and Community Development
911.2.2 In Manufactured Homes and 912.1 1 Prohibited Installations and Exception
HCD does not adopt model code sections 911.2.2 and 912.1.1 to avoid possible conflict and to properly align with CCR, Title 25, and HSC Section 18025 regarding references and standards incorporated by reference for construction of manufactured homes, including decorative gas appliances for installation in fireplaces. HCD has reserved these sections accordingly.
35 Chapter 11 – Refrigeration
State Fire Marshal
1104.6 Applications for Human Comfort and for Nonindustrial Occupancies Exceptions 1 and 2 added to allow the use of A2L refrigerant in specific self- contained factory sealed air conditioning units.
Chapter 12 – Hydronics
Department of Housing and Community Development
1217.5.2 Insulation, 1217.7 Wall and Ceiling Panels and 1220.4.5 Insulation HCD repealed amendments in the exceptions referencing the California Energy Code, since the California Energy Commission included this amendment in their rulemaking for insulation requirements for concrete radiant flooring heated slabs, pipe insulation, and concrete snow melt heated slab floors.
California Energy Commission
1217.7.1 California Energy Code Pipe Insulation Requirements New code section to reference the California Energy Code Sections 150.0(j)2 and 120.3(c) for pipe insulation requirements based on fluid temperature and pipe diameter. Also, where California Energy Code Table 120.3-A specifies insulation greater than R-12, the higher value is required.
1220.4.5.1 California Energy Code Insulation Requirements for Heated Slab Floors
New code section to reference the California Energy Code Section 110.8(g) and Table 110.8-A for additional insulation requirements for heated slab floors. Also, a higher level of insulation is required for Climate Zone 16, and more detailed requirements for installing insulation are specified in all climate zones.
36 CALIFORNIA PLUMBING CODE – PART 5
Chapter 1 – Scope and Application
Building Standards Commission
R105.5.1 [Permit] Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Chapter 655, Statutes of 2018), which became operative January 1, 2019 and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.
CBSC Information Bulletin 19-03
regarding permit expiration dates was issued May
23, 2019 to local building departments, state agencies and CBSC interested parties Chapter 4 – Plumbing Fixtures and Fixture Fittings
Building Standards Commission
412.1.4.1 Nonwater Urinals with Drain Cleansing Action
Changed the term from “Urinals, Hybrid.”
Building Standards Commission and Division of the State Architect Table 4-1 Occupant Load Factor
Co-adopted with BSC, who made the changes during the 2019 Intervening Code Adoption Cycle.
422.1 Fixture count and Table 422.1
Co-adopted with BSC to permit an alternate Table 4-1 (replaced Table A) as an exception which can be used if the jurisdiction has adopted it. In the 2019 edition of the CPC, DSA inadvertently omitted the language. DSA co-adopted the BSC amendment in the statement at the top of Table 422.1 to allow usage of Table 4-1 as an alternate for calculations.
Table A/Table 4-1
Table A is superseded by Table 4-1 which incorporates numerous additions, deletions and revisions for determining plumbing fixture count minimums.
37 California Energy Commission
401 General
Amended to prevent confusion regarding the interaction between standards for plumbing fixtures and fittings subject to regulation as water-using appliances, and standards for plumbing systems specified in adopted model code language.
Chapters 5 and 6 – Water Heaters and Water Supply and Distribution California Energy Commission
501 General and 609.12 Residential Fire Sprinkler Systems Amended to assist readers of the CPC by identifying additional energy efficiency requirements applicable to water heating systems and pipe insulation.
Chapter 6 – Water Supply and Distribution
State Fire Marshal
612.2 through 612.7.2 Water Supply and Distribution
Removed residential fire sprinkler systems from California Plumbing Code, and comply with California Residential Code and California Fire Code.
Chapter 13 – Health Care Facilities and Medical Gas and Vacuum Systems Office of Statewide Health Planning and Development
1304.1.1 [OSHPD 1, 1R, 2, 3, 4 & 5]
Added a reference to the California Fire Code Chapter 80. 1304.1.2 [OSHPD 1, 1R, 2, 3, 4 & 5]
New exception that a medical gas source system serving only an OSHPD 1R or 3 building may be located within it.
Chapter 15 – Alternate Water Sources for Nonpotable Applications Department of Water Resources
1505.1 General
Amended this section to clarify the applicability of Section 1505 to landscape irrigation systems using recycled water.
1505.4 Connections to Potable or Recycled Water Supply Systems – Exception (4)
Added an exception for the use of a swivel ell or changeover device to supply potable water to a dual-plumbed system during an interruption in recycled water service.
38 Chapter 17 – Referenced Standards
Office of Statewide Health Planning and Development
Table 1701.1
Added ANSI/AAMI reference standard for water treatment equipment for hemodialysis applications.
39 CALIFORNIA ENERGY CODE – PART 6
Please visit the California Energy Commission’s website for Part 6 updates. energy.ca.gov/programs-and-topics/programs/building-energy-efficiency- standards/online-resource-center/overview
40 CALIFORNIA FIRE CODE – PART 9
Overview
State Fire Marshal
The Office of the State Fire Marshal (SFM) has authority for the building standards in the California Fire Code (CFC). Unless otherwise noted, all updates noted in this section were made by SFM.
The bulk of amendments regarding Energy Storage Systems (ESS) occur in Chapters 1, 2, 9, 12 and Chapter 80, Referenced Standards. SFM repealed California ESS Intervening Code Adoption Cycle amendments and definitions that were early adopted ICC provisions in the 2019 Intervening Code Adoption Cycle, then adopted and replaced with unamended 2021 International Code Council (ICC) model code provisions in several chapters.
The bulk of amendments regarding Type IV construction—tall wood/mass timber and cross-laminated timber—occur in Chapter 7 Section 701.6, Chapter 9 Section 914.3.1.2, and Chapter 33 Section 3303.5, based on changes in model code. SFM repealed California tall wood/mass timber amendments that were early-adopted ICC provisions in the 2019 Intervening Code Cycle, then adopted and replaced with unamended 2021 ICC model code provisions.
Part 9 Chapter Sections
Chapter 2 202 Definitions
MASS TIMBER (CA amended defined term remains)
Chapter 7 Section 701 General
701.6 Owners responsibility (Updated model code
references)
Chapter 9 Section 914 Fire Protection Based on Special Detailed Requirements of Use and Occupancy
914.3.1.2 Water supply to required fire pumps. (CA
amendment remains)
Chapter 33 Section 3303 Owners Responsibility for Fire Protection. 3303.5 (Adopted model code section and repealed
California Section 3308.9)
Chapter 1 – Scope and Application
Building Standards Commission
R105.5.1 [Permit] Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This
41 amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Chapter 655, Statutes of 2018), which became operative January 1, 2019 and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.
CBSC Information Bulletin 19-03
regarding permit expiration dates was issued May
23, 2019 to local building departments, state agencies and CBSC interested parties.
State Fire Marshal
1.11.1 Scope Specified state-occupied buildings
New definition with 11 criteria has been added in response to Senate Bill 85 (Chapter 31, Statutes of 2019) that required the State Fire Marshal to provide a more accurate definition.
1.11.6 Certificate of Occupancy
Amendment referencing CBC Section 105.2 to clarify work exempt from permitting requirements.
105.6.53 Lithium batteries
Amendment to require an operational permit for an accumulation of more than 15 cubic feet of lithium-ion and lithium metal batteries and storage shall comply with new amendments in CFC Section 322.
Chapter 2 – Definitions
CHILD CARE Added a new defined term for child care that is consistent with Title 22 (Social Security) of the California Code of Regulations.
DAY-CARE Amended the defined term day-care to specify the time period for the care of persons is not to exceed 24 hours, and is to be consistent with Title 22.
INFLATABLE AMUSEMENT DEVICE New defined term to specify characteristics of inflatable structures that need to be properly constructed and anchored.
MOBILE FOOD PREPARATION VEHICLES Repealed this term to align with California Code of Regulations Title 25, Housing and Community Development. See Chapter 3 changes below.
PHOTOVOLTAIC (PV) PANEL SYSTEM, GROUND-MOUNTED New defined term to be consistent with references in CBC Chapters 16 and 31, CRC Chapter 3 and CFC Chapter 12.
PHOTOVOLTAIC (PV) SUPPORT STRUCTURE, ELEVATED New defined term for an elevated PV support structure designed with useable space underneath intended for secondary use such as providing shade for motor vehicle parking. Requirements for installation are addressed in CBC Chapters 15 and 16.
42 TODDLER New defined term to align with the legal definition of toddlers from Health and Safety Code Section 1596.55. By distinguishing age differences, officials will be able to classify the related occupancies based on social services’ classifications used for licensing.
Chapter 3 – General Regulations
User Note, Section 301.2 Permits and Section 319 Mobile Food Preparation Vehicles
Repealed model code and references to mobile food vehicles throughout the code to address concerns regarding conflicting jurisdiction requirements between Title 25 and the CFC.
Section 322 Storage of Lithium-ion and Lithium Metal Batteries Adopted new section to address safety requirements, as well as associated sections in Chapter 4 below.
Chapter 4 – Emergency Planning and Preparedness
403.10.6 Lithium-ion and lithium metal batteries and 403.10.6.1 Mitigation planning
Amendments in these sections address fire safety and emergency action regarding battery storage and mitigation planning in the event of thermal runaway.
Chapter 9 – Fire Protection and Life Safety Systems
Amendments in this chapter address nearly every subsection regarding every occupancy and SFM application.
SFM repealed several California amendments and adopted 2021 IFC model c ode language for automatic sprinkler systems, energy storage systems, explosion control, venting, and gas detection systems.
Major amendments were made to requirements for compliance with updated NFPA 72 standards in model code regarding solar photovoltaic power systems, portable fire extinguishers and gas detection systems.
907.2.6.4 Group I-4
New section to include the intent of the smoke detection requirements for Group I-4 occupancies with a reference to Section 436.1.
907.2.11.8 Specific location requirements
Modified to address the references based on changes to both the NFPA 72 Standard
29.11.3.4, and the model code regarding smoke alarms and smoke detection systems.
43 913.1 General
Amend the exception for automatic sprinkler pumps to correlate with the California Residential Code section R313.
Chapter 10 – Means of Egress
1032.2.1.2 Maintenance and 1032.2.1.3 Examination
Adjustments and revisions to address maintenance requirements for fire escapes that have been relocated to Section 1032.
Chapter 12 – Energy Systems
Sections 1202, 1203, 1204, 1205, 1206 and 1207
Repealed, renumbered, amended and carried forward existing amendments in Chapter 12 to adopt updated 2021 IFC model code language. 1207.11.7 through 1207.11.7.3
Section 1207.11.7
Amendments regarding specific appliances, ESS equipment and devices that need protection from impact in a clearly defined area in residential garages and carports.
Figure 1207.11.7.1
Added to illustrate the zones in which a typical residential garage ESS installation would trigger the need for impact protection, following prescriptive barrier and post designs.
Chapter 31 – Tents, Temporary Special Event Structures and Other Membrane Structures
3101.1 Scope
Carried forward existing amendments and added new amendment regarding temporary structures, water filled vessels and inflatable amusement devices. 3103.8.2 Location
Repealed the reference to Title 19 regulations regarding vehicle parking near tents. 3103.9.1 Water Filled Vessels
Amendment requiring the tent manufacturer to provide the documentation permitting use of water filled vessels for anchoring and securing their tents.
Section 3106 Inflatable Amusement Devices
Amendment requiring basic design and safety criterion in accordance with ASTM F2374 for inflatable amusement devices also known as “bounce houses.” Chapter 38 – Higher Education Laboratories
IFC Chapter 38 is omitted in its entirety to correlate with the California Building Code and amendments regarding the Group L occupancy.
44 Chapter 49 – Requirements for Wildland-Urban Interface (WUI) Fire Areas The WUI amendments to the CFC were developed through the Office of the State Fire Marshal WUI task group and collaboration with local fire departments, state agencies, building industry, testing labs, and stakeholders.
The user note under the Chapter 49 title is added to give the code user a general understanding and background information on the development process of the regulations and their application.
4902 Definitions
FIRE-RESISTANT VEGETATION New definition of plants less likely to ignite, contribute heat or spread flame. Also provides a list of resources for more information about these types of plants.
LOCAL RESPONSIBILITY AREA (LRA) Amended to be consistent with language used in rest of the WUI regulations.
4903 Plans
Added to grant authority to local fire officials to require building owners to provide a fire protection plan to mitigate the wildfire hazards that may exist based on a project- specific wildfire hazard assessment that includes considerations of location, topography, aspect, and climatic and fire history.
The fire protection plan shall address fire department access, egress, road and address signage, water supply, fuel reduction and defensible space requirements in accordance with the California Public Resources Code.
4904.3 Local Agency Requirements
New amendment establishes requirements for local agencies to provide information to the public regarding the identification of very high fire hazard severity zones (VHFHSZ) within a 30-day period. Other new requirements in this subsection address local agency responsibilities and duties to develop fire severity zone maps accessible to the general public, as well as requirements to designate by ordinance VHFHSZ.
Section 4906 Vegetation Management
New amendments in this section include additional requirements for the development, identification and maintenance of the vegetation management zones adjacent to structures, as well as design criteria for specific types of fire-resistant and non-fire-resistant vegetation.
4908 Fire Safe Development Regulations & Section 4909 Subdivision Review Survey
New code sections added to comply with AB 2911 (Chapter 641, Statutes of 2018) which requires a survey of local governments every five years to identify existing subdivisions in the state responsibility area (SRA) or VHFHSZ without a secondary egress route. Subsections authorize the Board of Forestry and SFM-specified local
45 government bodies to make recommendations to include creating secondary access or access road improvements, among other options.
4910 General Plan Safety Element
Added to comply with AB 2911 (Chapter 641, Statutes of 2018) which requires cities and counties to adopt a comprehensive general plan with various elements including a safety element for protection of the community from unreasonable risks associated with various hazards, including wildfires.
Chapter 80 – Referenced Standards
Amended several referenced standards to correlate with model code revisions and new California amendments.
ASTM F2374
Added regarding provisions for inflatable amusement devices.
Appendix P – Community Wildland-Urban Interface (WUI) Fire Hazard Evaluation Framework
Although SFM does not adopt Appendix P statewide in the California Fire Code, when adopted by local jurisdictions and fire districts, this appendix is meant to be a tool to enable communities to collect, assemble and represent the associated risks within a WUI fire area.
46 CALIFORNIA EXISTING BUILDING CODE – PART 10
Chapter 1 – Scope and Application
Building Standards Commission
R105.5.1 [Permit] Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Chapter 655, Statutes of 2018), which became operative January 1, 2019 and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.
CBSC Information Bulletin 19-03
regarding permit expiration dates was issued May
23, 2019 to local building departments, state agencies and CBSC interested parties.
Division of the State Architect
1.9.2.1.4 Reference to other chapters and 1.9.2.2.4 Reference to other chapters Added to redirect references for public schools and community colleges to the applicable “A” chapters of the CBC.
State Fire Marshal
1.11.1 SFM—Office of the State Fire Marshal
Added a definition of Specified State-occupied Building.
1.11.4.4 Fire clearance preinspection and 1.11.4.5 Care facilities Update the fees that are charged for inspections to meet the requirements of Health and Safety Code Section 13244.
1.11.6 Certificate of Occupancy
Correlated the requirements for certificate of occupancy with the regulations in the California Building Code.
Chapter 2 – Definitions
Building Standards Commission and Division of the State Architect 202 General Definitions
Relocated existing definitions for BUILDING OFFICIAL and ENFORCEMENT AGENCY from Section 318.1 to Section 202.
47 Division of the State Architect
201 General
Adopted Section 201 (it was not adopted in 2019 CEBC).
201.3 Terms defined in other codes
Amended to reference applicable sections of the California Administrative Code (Part 1 of Title 24) where the definitions contained therein govern.
Chapter 3 – Provisions for All Compliance Methods
Building Standards Commission and Division of the State Architect Table 317.5 Minimum seismic design performance levels for structural and nonstructural components
Revised table footnote #2 and added footnote #3 to clarify that there are two alternate compliance paths in addition to the criteria presented in the table. 317.8 ASCE 41 Chapter 14
Coordinated with the latest version of referenced standard ASCE 41. 319.7 Prescriptive selection of the design method
Revised Subsection 319.7.2 to clarify the condition triggering Method B approach based on building irregularities.
319.10 Structural observation, testing and inspection
Revised the language to coordinate with associated regulations in Chapter 17 of the California Building Code and repeal redundant and/or contradictory regulations.
Building Standards Commission
318 Definitions
Relocated BUILDING OFFICIAL and ENFORCEMENT AGENCY definitions to Chapter 2 and repealed the rest of the definitions from Section 318.1 except ADDITION, ALTERATION, and REPAIR.
Division of the State Architect
318 Definitions
Relocated BUILDING OFFICIAL and ENFORCEMENT AGENCY definitions to Chapter 2 and repealed the rest of the definitions from Section 318.1 except for REPAIR. Added reference to applicable sections of California Administrative Code (Part 1), where the definitions contained therein govern. 319.1 Basis for evaluation and design
Revised Exception 2 to restore original intent and update for compatibility with current code adoption cycle. As originally authored, Exception 2 was intended to apply to the conversion of a nonconforming building to use as a school building in accordance with Section 4-307 of Part 1. It was not intended to apply to the rehabilitation of an
48 existing school building when required by Section 4-309(c) of Part 1. Restored the phrase “as it was adopted by the governing jurisdiction” to make clear that the previous code is permitted to be used as originally applied rather than requiring compliance with its DSA-SS or DSA-SS/CC amendments (e.g., the “A” chapters). 321.2.3 Peer review
Added language to align with the current practice of review and approval by the California Geological Survey. This updates regulations to reflect the current requirements for seismic ground motion records used in time history analysis.
Office of Statewide Health Planning and Development
Because several sections were added to the IEBC, OSHPD sections in Chapters 3 and 3A were relocated and renumbered.
312.3.3.2 (formerly 309.3.3.2) Psychiatric nursing service Amended existing language to replace 1224.31 with Section 1228 for psychiatric nursing service. Section 1224.31 applies to medical psychiatric services and is not acceptable for an OSHPD 1R building.
304A.3.4.5 (formerly 303A.3.4.5) SPC-4D using ASCE 41
Replaced entire section on seismic separations in ASCE 41-13 to be more consistent with the initial intent of the change and current inventory of SPC-3 and higher buildings, at the same time ensuring adequate level of safety from collapse of the adjacent building due to potential pounding impacts.
304A.3.5.9 ASCE 41 Section 8.4.2.3.2.1
Added new section for foundations modeled as a fixed base or a flexible base. 304A.3.5.13 ASCE 41 Section 10.12.3
Added new section
to modify ASCE 41 Section 10.12.3 and provide a new exception to this section.
Chapter 5 – Prescriptive Compliance Method
Building Standards Commission
502.1 General
Repealed the language requiring Sections 502.4 and 503.3 be replaced by the requirements of Sections 317 through 322. Sections 502.4 and 503.3 have been adopted by BSC since 2016.
Chapter 16 – Referenced Standards
State Fire Marshal
Added amendments to the adopted and referenced NFPA 13R and NFPA 72 standards from the California Fire Code, so the same information is found in both codes.
49 Division of the State Architect
Adopted Supplement 3 of ASCE 7 in addition to Supplement 1, which is already adopted by the model code.
Office of Statewide Health Planning and Development
Adopted ASCE 7-16 Supplement 3 for OSHPD 1, 1R, 2, 4 and 5. Adopt ASCE 41-17 Supplement 1 for OSHPD 1R, 2, 4 and 5.
Department of Housing and Community Development
HCD proposed editorial changes only with no intended change in regulatory effect, such as moving existing amendments following model code changes. Example: carbon monoxide alarm requirements were moved from Chapter 5 to Chapter 3.
50 CALIFORNIA GREEN BUILDING STANDARDS CODE – PART 11
Chapter 2 – Definitions
Building Standards Commission (BSC), Division of the State Architect (DSA), Department of Housing and Community Development (HCD)
AUTOMATIC LOAD MANAGEMENT SYSTEMS – ALMS (BSC, DSA, HCD) Added to clarify the term as used within CALGreen and in the EV charging industry and refers to ALMS which is allowed for use by the California Electrical Code.
ELECTRIC VEHICLE (EV) CAPABLE SPACE (BSC, HCD, DSA) Added to clarify the term as used within CALGreen and in the EV charging industry and refers to a space which has capability or infrastructure to facilitate future EV charging.
ELECTRIC VEHICLE (EV) READY SPACE (HCD) Added to clarify the term as used within CALGreen and in the EV charging industry and refers to a space which is ready for EV charging and equipped with a receptacle or charger.
LEVEL 2 ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE) (HCD) Added to residential sections of CALGreen and clarifies that the new term as used within Sections 4.106.4.2. and A4.106.8.2.1 refers a Level 2 EV charger and supporting electrical equipment.
LOW-POWER LEVEL 2 ELECTRIC VEHICLE (EV) CHARGING RECEPTACLE (HCD) Added to residential sections of CALGreen to clarify the electrical requirements for this type of receptacle as required in Sections 4.106.4.2.1 and
4.106.4.2.2.
ZERO-EMITTING AND HIGH-EFFICIENT VEHICLES (BSC, DSA)
Amended from
“Low-Emitting and Fuel-Efficient Vehicles” to “Zero-emitting and High-efficient Vehicles.” OFF-STREET LOADING SPACES (BSC, DSA) Added to align with the new code language for EV charging for medium-duty and heavy-duty vehicles.
NONWATER URINAL WITH DRAIN CLEANSING ACTION (BSC, HCD, DSA) Amended from “Urinal, Hybrid” to “Nonwater Urinal with Drain Cleansing Action” to align terminology with the California Plumbing Code; no change in regulatory effect.
Chapter 4 – Residential Mandatory Measures
Department of Housing and Community Development
HCD repealed various existing code sections and provisions to reformat, modify, and adopt new sections addressing EV charging for multifamily buildings, and hotels and motels.
51 4.106.4 and subsections. EV charging for new construction Expanded EV charging requirements to installation of EV charging receptacles and EV chargers (EVSE).
• Modified Exception 1 to address situations in which there is no local utility power supply or when the local utility is unable to supply adequate power. • Repealed references to specific dollar amounts for exceptions due to variations in utility costs based upon locations.
• Included an exception related to adverse impact to construction cost of a project, similar to the provision for nonresidential EV charging.
4.106.4.2 New multifamily dwellings, hotels and motels and new residential parking facilities
New regulation to clarify that calculations for EV spaces are to be rounded up to the nearest whole number and EV spaces to be counted as parking spaces only for the purposes of meeting parking space requirements at the local level (Vehicle Code Section 22511.2).
4.106.4.2.1 Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms New regulation requiring that ten percent of the total number of parking spaces on a building site support future Level 2 EVSE, the installation of EV ready spaces for twenty-five percent (25%) of the total number of parking spaces equipped with low power Level 2 EV charging receptacles, and clarification that no more than one receptacle must be installed per dwelling unit.
4.106.4.2.2 Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms New regulations requiring that ten percent (10%) of the total number of parking spaces on site support future Level 2 EVSE; the installation of EV-ready spaces for twenty-five percent (25%) of the total number of parking spaces equipped with low power Level 2 EV charging receptacles; and five percent (5%) of the total number of parking spaces shall be equipped with Level 2 EVSE. The use of an ALMS is allowed when low-power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required.
4.106.4.2.2.1 Electric vehicle charging stations (EVCS) Added requirements for space location and dimensions, with a reference to the California Building Code to address accessibility.
4.106.4.2.3 EV space requirements
Amended requirements for single and multiple EV spaces, and added a requirement for EV-ready space signage.
52 4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings
Expanded EV charging infrastructure for additions and alterations triggered when new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered, and the work requires a building permit. The new regulation requires that 10 percent (10%) of the total number of parking spaces being added or altered be EV capable to support future Level 2 EVSE.
4.410.1 Operation and maintenance manual
Amended existing Item 11 to add Department of Forestry and Fire Protection, and added a new Item 12 to require that the operation and maintenance manual contain information and/or drawings identifying the location of grab bar reinforcements.
Chapter 5 – Nonresidential Mandatory Measures
Building Standards Commission and Division of the State Architect
5.106.5.2 Designated parking for clean air vehicles
Repealed the mandatory requirement for designated parking for clean air vehicles.
5.106.5.3 Electric vehicle (EV) charging and subsections Amended to increase the EV capable space percentages and add a new requirement for installed Level 2 or DCFC chargers.
5.504.4.7 Thermal insulation
Relocated thermal insulation from voluntary to mandatory and added verification of compliance.
5.504.4.8 Acoustical ceilings and wall panels
Relocated acoustical ceilings and wall panels from voluntary to mandatory along with verification of compliance.
Building Standards Commission
5.106.5.4 Electric vehicle (EV) charging: medium-duty and heavy-duty and subsections
Added new regulations for electric vehicle charging readiness requirements for new construction of warehouses, grocery stores and retail stores with planned off-street loading spaces.
Division of the State Architect – Structural Safety
5.506.3 Carbon dioxide (CO2) monitoring in classrooms
Added new requirement for carbon dioxide monitors in classrooms only in new building construction, and not alterations and additions.
53 5.106.12 Shade trees and subsections
Amended exceptions for surface parking and hardscape areas to provide clarity that excepted play areas for organized sports activities, such as basketball courts, are removed from the total area calculation of the hardscape areas on the campus.
Chapter A4 – Residential Voluntary Measures
California Energy Commission
A4.2 Energy efficiency
A4.201.1 Scope
Updated and provided a new web link to the CEC website.
A4.203.1.1 Hourly source energy design rating (EDR1) and Table A4.203.1.1 Updated for EDR1 margins for climate zones.
A4.203.1.2.3 HERS – Verified compact hot water distribution system and A4.203.1.2.4 HERS – Verified drain water heat recovery
Amended to add details for compliance.
A4.203.1.2.5 High performance vertical fenestration, A4.203.1.2.6 Heat pump water heater demand management, A4.203.1.2.7 Battery storage system controls and A4.203.1.2.8 Heat pump space and water heating Added as prerequisite options to standardize phrasing to remove unneeded references to HERS verification and to apply a broader range of equipment types and construction performance approaches to meet the overall requirements.
A4.203.1.3 Performance standard (repealed), A4.203.1.3.1 Tier 1 (repealed), A4.203.1.3.2 Tier 2. (repealed) and A4.203.1.3 Consultation with local electric service provider (renumbered)
Sections repealed and amended to remove reference to CALGreen tiers and to recommend consultation with a local electric service provider for jurisdictions considering reducing the Energy Design Rating (EDR) target when using solar PV systems larger than required by the California Energy Code.
Chapter A5 – Nonresidential Voluntary Measures
Building Standards Commission
A5.106.5.1.1, A5.106.5.1.2, Table A5.106.5.1.1 and Table A5.106.5.1.2 Designated parking for clean air vehicles
Amended the Tier 1 and Tier 2 voluntary requirements and repealed Tables A5.106.5.1.1 and A5.106.5.1.2.
A5.106.5.3.1 and A5.106.5.3.2 Electric vehicle charging Increased voluntary EV capable space percentages.
54 A5.303.4.1 Nonwater urinal with drain cleansing action Amended to align with the new definition and California Plumbing Code.
A5.504.4.8 Thermal insulation
Amended to move Tier 2 requirements to Tier 1 (Tier 1 moved to mandatory) and verification of compliance was renumbered to A5.504.8.1.
A5.6 Voluntary Tiers and CALGreen Verification Guidelines Amend checklists affected by proposed mandatory and voluntary updates.
California Energy Commission
A5.201.1 Scope
Updated and provided a new web link to the CEC website.
55 CALIFORNIA REFERENCED STANDARDS – PART 12
Building Standards Commission
Cross Reference Table
Amended the chapter titles and associated sections in Title 24. This table serves as a non-regulatory aid to the code user.
State Fire Marshal
Chapter 12-7A, Materials and Construction Methods for Exterior Wildfire Exposure
Repealed ignition-resistant material SFM Standard 12-7A-5.
November 22, 2022
City Council
DATE: November 22, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Councilmember Claudia Jimenez and Councilmember
Demnlus Johnson III
Subject:
Impact of Richmond Rapid Response Fund (R3F) in the
Community and Update on Guaranteed Income and
Strategic Planning Process
FINANCIAL IMPACT: On February 15, 2022, City Council approved a contract with Ed Fund West (fiscal sponsor for R3F) to manage
the disbursement of $600,000 of American Rescue Plan
Act (ARPA) funds to support Richmond residents
impacted by the COVID-19 pandemic through the
Richmond Rapid Response Fund (R3F). In addition, on
August 1, 2022, the City Council approved a contract with Dalberg to support a strategic planning effort for R3F in the amount of $125,000 of which R3F would contribute
$25,000 towards.
PREVIOUS COUNCIL
ACTION:
February 15, 2022 and August 1, 2022
STATEMENT OF THE
ISSUE:
Councilmembers Claudia Jimenez and Demnlus Johnson
III requested an update on the Richmond Rapid
Response Fund Program (R3F) including the number of
residents assisted and funds disbursed through the
program. R3F staff will also provide an update on the
status of the strategic planning process and research on developing a pilot Guaranteed Income Program.
RECOMMENDED ACTION:
RECEIVE a report from the Richmond Rapid Response
Fund Program (R3F) including updates on funds
disbursed, residents served, and current and future
programming – Councilmembers Demnlus Johnson III
and Claudia Jimenez (510-620-6861).
AGENDA
REPORT
November 22, 2022
DISCUSSION:
The Richmond Rapid Response Fund (R3F) is a wraparound initiative that was developed to meet the immediate and ongoing needs of the community during the COVID-19 pandemic and beyond (www.richmondresponsefund.org). R3F’s goal is to focus on key priority areas including food and essential supplies, economic recovery and security, housing and homelessness, health and healing, and education and learning. This report and the presentation will provide an update on R3F’s success in assisting Richmond residents negatively impacted by the COVID-19 pandemic, and status of R3F’s current and future work.
Impact of Richmond Rapid Response Fund (R3F)
Soon after March 2020, R3F was created to support Richmond residents experiencing financial hardship due to the COVID-19 pandemic. This work was primarily done by providing one-time $500 direct disbursements and rent relief to residents, and connecting residents to resources through R3F’s network of community-based organizations via the West Contra Costa Cares Coalition (Cares Coalition). To-date, over 1,037 families have been served with direct cash grants totaling over $518,000 and 77 families were assisted with rent assistance totaling $385,000.
Through data provided by direct recipient reports and partner financial data collection, R3F observed that residents overwhelmingly spent funds on food, utilities, rent, transportation, and school and household supplies. R3F found that investments went most often into two of the lowest income zip codes in Richmond (94801 and 94804).
City of Richmond ARPA Allocation
In 2021, R3F received $150,000 in CARES Act funds from the City of Richmond and were successful in quickly disbursing funds to support 74 residents with direct disbursements and 18 households via rental assistance. Based on this success and partnership, on February 15, 2022, the Richmond City Council approved a contract for EdFund West to manage the distribution of American Rescue Plan Act (ARPA) funding to support Richmond residents impacted by COVID-19 through the Richmond Rapid Response Fund (R3F), in an amount not to exceed $600,000. The contract anticipated the following expenditures:
Program Name Budget
1 Fiscal Sponsorship/Oversight fees 70,000
2 Financial disbursements to residents 230,000
3 Rental/mortgage assistance 300,000
4 Target Income Program If established funding would come from either financial disbursements or
rental/mortgage assistance programs
TOTAL $600,000
November 22, 2022
To-date, R3F has not expended any ARPA funds for financial disbursements but has allocated $200,000 in funding to support rental assistance. If rental assistance stays limited to the $5,000 level, at least 40 households will be able to be assisted with these funds.
As for financial disbursements to Richmond Residents, R3F has not yet utilized ARPA funds for this program as there are remaining funds from other sources dedicated to this program. When R3F depletes the funds already in its coffers, ARPA funds will be utilized for the Target Income Program as noted in the budget above.
In June 2022, R3F granted the Richmond Community Foundation $200,000 to coordinate the distribution of ARPA funds for the rent relief component via its various partners including the Richmond Housing Division, Richmond Neighborhood Housing Services, Community Housing Development Corporation, Richmond Rent Board, and SparkPoint. The application for rent relief is currently open and seven (7) applications are currently in the queue for review.
There have been some challenges in dispersing the recent round of ARPA funds dedicated to rent relief given competing priorities for partner agencies, ensuring compliance with ARPA regulations, and the rent relief amount limit of $5,000 set by the group to try to support a greater number of Richmond residents. Rent assistance was limited to $5,000 during the initial round; however, requests are coming in for greater amounts. The average request was $8,647.74. R3F and its partners are currently evaluating program parameters to determine if adjustments should be made to meet the changing needs of Richmond residents, while also trying to support as many residents as possible.
Strategic Planning Process
The City of Richmond partnered with R3F staff to prepare a request for proposals (RFP) seeking a consultant to support the R3F in strategic planning, future program development (primarily focused on a guaranteed income pilot program), and a governance structure. After a competitive bidding process, the City Council approved a $125,000 contract with Dalberg and Empathy in Action on August 1, 2022. The strategic planning effort is funded jointly by the City ($100,000) and R3F ($25,000). Dalberg has expertise in cross sector collaboration locally, nationally and internationally, and Empathy In Action is a Richmond-based non-profit that collaborates with other Richmond-based organizations and is providing support on outreach and engagement.
The work on the strategic plan began in September 2022.
As part of this effort, the consultants have conducted over 20 interviews with key stakeholders to inform the 3–5-year strategic plan. They have also facilitated research on proposed governance and sustainability models, yielding preliminary discussion and draft strategies on a governance structure. Currently, the consultants are presenting preliminary findings to the R3F core team and the West Contra Costa Cares Coalition, and will provide updates to City staff and City Council in early 2023.
November 22, 2022
Targeted/Guaranteed Income Pilot Program
As part of the City-provided ARPA funds, R3F is evaluating the creation of a pilot guaranteed income (GI) program (also referred to as a target income program). R3F’s desire to implement a GI program was informed by a community assessment process focused on economic recovery and security. Per the City’s contract, if established, funding for a GI program would come from unexpended funds from the financial disbursements or rental/mortgage assistance programs.
R3F worked with graduate students from UC Berkeley’s Goldman School of Public Policy and School of Public Heath to administer a feasibility study regarding the populations in Richmond who will receive the greatest impact from a GI program. R3F connected with regional and statewide communities of practices and interviewed key leaders who have implemented GI pilot programs and other direct cash policies. R3F also evaluated data collected from direct cash services and the feasibility study. R3F is working on creating an initial design for a GI program and will begin fundraising for its implementation.
More than 100 GI demonstrations are currently active across the country, many of which are utilizing ARPA funds for their pilots. Interest in GI has sparked the development of a Contra Costa Working Group, funded by Y&H Soda Foundation, that is dedicated to curating a blueprint for GI in the county. Local jurisdictions like the County of Santa Clara and the City of Stockton implemented pilot GI programs in their communities. Currently, several Cares Coalition partners, who have worked with R3F, are offering support to the Budget Justice Coalition’s County budget proposal, and specifically, the adoption of a Guaranteed Income (GI) fund of $3 million for Contra Costa County. R3F will continue to research GI programs to determine the feasibility of developing and implementing a GI program in Richmond. If determined feasible, R3F will present information to City staff and City Council regarding program design and funding needs.
Next Steps
R3F is building on existing initiatives in Richmond, learning from other communities, and introducing new approaches to accelerate change, transform systems and build stable, healthy communities. In the last year, R3F focused on capacity building, research and development, and continuing to support new iterations of direct disbursements and rent relief that best meet the needs of the community. R3F is bringing on a fellow to further support and continue its work to support Richmond residents negatively impacted by the COVID-19 pandemic and achieving an equitable recovery. R3F will continue to provide regular updates to City staff and City Council on the use and impact of ARPA funds on the Richmond community.
DOCUMENTS ATTACHED:
Attachment 1 – PowerPoint
Ricmond Rapid Response Fund
City Council Update 11/22/22
R3F has provided $518,500 in direct disbursements and
$385,000 in rental relief payments. R3F disbursements
have made an enormous impact in families' lives;
addressing housing and economic security.
Over 1037 families were served with direct cash
grants, while 77 families were assisted with rent relief.
Food/ Groceries
Utilities
Rent
Household Supplies
Transportation
School Supplies
100
75 50
25 0 94806
56%
94801
36%
94804
8%
Disbursement Areas Zipcodes Served
From crisis to stabilization
We are shifting to
community stabilization
with a guaranteed income
program that focuses on
narrative change which will
inform policy shifts in order
to sustain systems
transformation.
Supporting emergency relief
taught us many things and
propelled us forward.
• CDSS Award Announcement
• Securing protocols w/ safetynet to protect benefits
• Building political will and relationships
• Fundraising for GI: hold harmless, disbursements
• Hiring for continued engagement, narrative work
• Community design and application refinement
Next steps to GI
November 22, 2023
Community Development
DATE: November 22, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Lina Velasco, Director of Community Development
Jesus Morales, Housing Manager
SUBJECT:
Emergency Security Services for the Castro
Encampment, Contract with Ascend Professional
Services, LLC
FINANCIAL IMPACT: The proposed security services will be paid for using funds from the $4.8 million encampment resolution grant received from the California Interagency Council on
Homelessness (Cal ICH) (Account String: 15061219-
400201-16G07).
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
City staff is requesting authorization to enter into a short- term emergency contract for security services at the
Castro Encampment to address life, property, and public safety issues.
RECOMMENDED ACTION:
APPROVE an emergency contract with Ascend
Professional Services, LLC, to provide security guard
services, for up to three guards, 24 hours a day, seven days a week, including holidays, for term ending on
January 31, 2023, in an amount not to exceed $200,000
– Community Development (Lina Velasco/Jesus M.
Morales 510-620-6706).
AGENDA
REPORT
November 22, 2023
DISCUSSION:
The Community Development Department needs to secure emergency security services for the Castro Encampment, located at Hensley and Castro Streets. The Castro encampment is comprised of approximately 60 vehicles and 80 individuals. This encampment has been a source of documented and undocumented criminal activity over the past couple of years, including illegal dumping, stolen vehicles, drug activity, burglary, and sexual assault.
Moreover, in recent weeks there has been a suspicious death that is being investigated by Richmond Police Department as a possible homicide of one of the residents of the encampment that occurred on or about October 14, 2022, and a recent reported shooting on October 23, 2022, with the victim reported to be in critical condition. On November 6, 2022, a fire broke out that burnt three recreational vehicles, one boat, and damaged another RV. The cause of the fire is not known at this time but may have been a result of retaliatory acts against an encampment resident(s).
City staff is working on a Request for Proposal for Security Services at the Castro Encampment; however, due to the recent suspicious death, shooting, and fire, City staff and police have heightened concerns for personal safety of encampment residents and service providers working at the encampment. The emergency contract will be through the period ending January 31, 2023, in anticipation of having a contract for longer term security services in 2023 while the Request for Proposals is issued and responses can be properly evaluated and submitted for City Council consideration and approval, which can take 30 to 60 days.
This emergency contract would be for security guard services including three guards on duty, 24 hours a day through January 31, 2023, in an amount not to exceed $200,000.
City staff is recommending a contract with Ascend Professional Services, LLC, a security firm located in Vallejo, California, to provide these emergency security services.
Chauncey Kirtdoll, principal of Ascend Professional Services, LLC (Ascend), has over 25 years of experience in human resources, project and property security services, and military training. Ascend has been providing security in various locations and property types such as shopping malls, parking lots, schools, apartment buildings, grocery stores, homeless encampments, and other large public events for the Golden State Warriors, San Francisco 49ers, and the Super Bowl. All security staff is licensed by the State of California for security services. In addition, Mr. Kirtdoll provides and requires staff to participate in training to enhance their people management skills. His firm can access additional staffing as needed based on the requirements of each assignment.
Ascend has the necessary staff for the current assignment that would be able to start within four days-notice of contract execution.
These characteristics make Ascend Professional Services, LLC the ideal candidate to provide the short-term emergency security services for the Castro encampment and the
November 22, 2023
reason City staff recommends authorization to enter into this emergency contract for security services.
DOCUMENTS ATTACHED:
Attachment 1 – Contract
Attachment 2 – Emergency Justification Form
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
For the Contract between the City of
Richmond and
Ascend Professional Services, LLC
4. Assigned guards will immediately report any suspicious persons, vehicles or activity to the Richmond Police Department, 24 hours a day, through the non- emergency dispatch number at (510) 233-1214. All emergencies shall be reported via 911.
5. Due to the sudden and dynamic nature of security at the encampment, the Contractor may be asked to occasionally provide additional qualified temporary Security Officers, with little or no advanced notice.
6. Security personnel should be familiar and trained on how to deal with people experiencing homelessness, as well as people with mental health issues. Security personnel should be familiar and able to make assessments/referrals for outreach services for these individuals.
7. Each assigned guard must have a California Security Guard Certification Card issued by the California Department of Consumer Affairs.
8. With fifteen (15) calendar day written notice, the City reserves the right to discontinue all or certain portions of this contract.
9. The Contractor’s daily point of contact will be the Encampment Resolution Project Manager, Vanessa Calloway of Way 2Love, Inc., and the City of Richmond Housing Manager, Jesus M. Morales.
For the Contract between the City of
Richmond and
Ascend Professional Services, LLC
2. Timeline.
Tasks Due Date
Walk through of encampment and assess security needs. Within three days from contract
execution.
Assign licensed security staff to 24-hour shifts and provide schedule with staff names to Encampment Project Manager and City. Security staff will be unarmed.
Within three to five
days from contract
execution
Assigned security guards will maintain a daily log and prepare an incident report as issues occur. Those reports will be forwarded to City staff weekly, as designated by the Project Manager Weekly, two days
after end of week
starting after first
week security staff
is assigned.
Provide summary of security guard activity and regular check ins. On a weekly basis or as requested by
Encampment
Project Manager
and City.
Report any suspicious persons, vehicles or activity to the Richmond Police Department, 24 hours a day, through the non- emergency dispatch number at (510) 233-1214. All emergencies shall be reported via 911.
Per occurrence.
For the Contract between the City of
Richmond and
Ascend Professional Services, LLC
3. Project Outcomes and Evaluation
Program
Component
Program
Outcome
Indicator/
Measurement
Goal Evaluation
Method
Encampment
walkthrough and
assessment of
security needs
Provide
recommendation
for the security
needs of the
Castro
encampment to
ensure the
safety of
encampment
residents, and
the local
community, and
businesses.
Written
assessment and
recommendation.
1 Copy of final
assessment and
recommendation
provided to the
City.
Security guard
scheduling
Identify security
staff that will be
assigned to this
project and their
shifts and hours
Staff schedule 24 hour
staffing
Weekly or
monthly staff
schedule and
time sheet for
each guard
assigned./
Daily log of
activities
Provide
summary of
activities at the
encampment,
reduce number
of nonresidents
at Castro,
reduce number
of incidents,
reduce illegal
dumping, reduce
number of stolen
vehicles
Weekly activity
logs
Weekly
reports
Reduction of
illegal activities,
stolen cars,
and police calls
Prevention of
stolen
automobiles
Eliminating
excess
automobiles
Number of
vehicles
removed
5-10
vehicles
Identify vehicles
to be removed
and track total
number
removed
For the Contract between the City of
Richmond and
Ascend Professional Services, LLC
PROGRAM BUDGET
Ascend Professional Services, LLC 3 security guard 24 hours Castro Encampment security
Guards Hrly. Rate*
Hours per
day Daily Rate
3 40.00$ 72 2,880$ 169,920$
59 Regular
days
3 60.00$ 72 4,320$ 12,960$ 3 Holidays TOTAL 182,880$
*Will be adjusted for federal holidays @ $40.00 x 1.5 = $60/Hr holiday rate Holidays are Nov 24 Thanksgiving, Dec 25 Xmas, and Jan 1 New Years Day
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue
General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
General Conditions/EJ/TE 01-19-11 6 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to
General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete
General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated
General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
General Conditions/EJ/TE 01-19-11 11 of 13
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement
Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.
The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
Richmond, CA 94801
1250 Macdonald Ave
Richmond City Center, LP
Certificate Holder, The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as Additional Insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
$5,000
Property
07/22/2023
07/22/2022
MP0004015004172
Inland Marine Liability
A
1,000,000
1,000,000
1,000,000
✘
12/02/2022
12/02/2021
9265150-2021
C
3,000,000
3,000,000
07/22/2023
07/22/2022
AN1265274
✘
B
2,000,000
2,000,000
1,000,000
5,000
300,000
1,000,000
07/22/2023
07/22/2022
MP0004015004172
Y
✘
✘
✘
A
35076
State Compensation Ins. Fund
17370
Nautilus Insurance Co
36838
Mesa Underwriters Spec Ins Co
94590
CA
VALLEJO
PO BOX 1072
Attn: Jouslyn Kirtdoll
Ascend Professional Services LLC; AAscend Protective Services [email protected]
(650) 324-1142
(650) 328-1000
Brenda Aldaco
94301
CA
Palo Alto
591 Lytton Avenue
Allied Brokers
11/16/2022
© Insurance Services Office, Inc., 2012CG 20 01 04 13 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION COMMERCIAL GENERAL LIABILITYCG 20 01 04 13THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTThe following is added to the Other Insurance Condition and supersedes any provision to the contrary:Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that:(1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.
INSURED
CG 20 10 04 13 Page 1 of 2© Insurance Services Office, Inc., 2012 Blanket: As required by written contract
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
Name Of Additional Insured Person(s)
Or Organization(s):
Location(s) Of Covered Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
MP0004015004172
INSURED
CG 20 10 04 13 Page 2 of 2© Insurance Services Office, Inc., 2012 C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance:If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:1.Required by the contract or agreement; or
2.Available under the applicable Limits of Insurance shown in the Declarations;whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
Blanket: AS required by written contract
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US POLICY NUMBER:COMMERCIAL GENERAL LIABILITYCG 24 04 05 09 CG 24 04 05 09© Insurance Services Office, Inc., 2008 Page 1 of 1 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTSCHEDULEName Of Person Or Organization:
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sec-tion IV – Conditions:We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-com-pleted operations hazard". This waiver applies only to the person or organization shown in the Schedule above.
INSURED
MP0004015004172
CITY OF RICHMOND
'EMERGENCY JUSTIFICATION' FORM
THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PROCUREMENT Vendor Name: Ascend Professional; Services, LLC Amount:$200,000.00 Phone Number: (510)302-5050 E-mail:ascendstaffing(%vahoo.com, Clydek (%hotmail.com
City Contact: Lina Velasco, Community Development Director Phone: (510) 620-6841 Emergency procurements should be made only... 1) to preserve life, health, or property; 2) upon a natural disaster; 3) to correct or forestall a shutdown to maintain essential public services; or 4) other imforeseeable events. This form must be forwarded to Procurement Services, with all required backup documentation from the vendor within hventy-four (24) hours or at the earliest possible time on the first normally scheduled workday following the emergency.
Describe the specific nature of the emergency and justification for the selection of the vendor.
Describe items/services purchased, dates, costs, delivery timeframe, etc. Attach any cost comparisons, quotations. Council agenda statements, resolutions, or other pertinent information:
(use additional sheet if necessary)
The Community Development Department is seeking a consultant to provide security services for the Castro Encampment, located at Hensley and Castro Streets. The Castro encampment is comprised of approximately 60 plus recreational and personal vehicles in various stages of operating or non-operating condition. There are also between 60 to 90 plus individuals that live at the encampment. This encampment has been a source of criminal activity consisting primarily of stolen vehicles that are taken to the site and stripped for parts. In addition, the site sees an exorbitant amount of illegal dumping. There have been unofficial reports by residents of drug activity, burglary, and sexual assault. Most recently, there was a suspicious death that is being investigated by Richmond Police Department as a possible homicide of one of the encampments residents that occurred on or about October 14, 2022, and a recent reported shooting on October 23, 2022, with the victim reported to be in critical condition. On November 6, 2022, a fire broke out that burned three recreational vehicles, one boat, and damaged another RV. The cause of the fire is not known at this time but may have been a result of retaliatory acts against an encampment resident(s).
Staff is working on a Request for Proposal for Security Services at the Castro Encampment; however, due to the recent suspicious death, shooting, and fire staff and police have heightened concerns for personal safety of encampment residents and service providers working at the encampment.
i
The emergency contract will be for a period not to exceed 62 days, December 1, 2022 through January 31, 2023, while the Request for Proposals is issued and responses can be properly evaluated and submitted for City Council consideration and approval, which can take 30 to 60 days. This emergency contract would be for security guard services, three guards, on duty 24 hours 02/03/04Page 149 of 334
a day for the 62-day period, in an amount not to exceed $200,000. Attached is the bid from Ascend Professional Services, LLC, a security firm located in Vallejo, California that can provide the following services.
Scope of Work
A. The Contractor will furnish all necessary personnel/labor, uniforms, equipment, and supervision to provide unarmed security services to also include management, supervision, and leadership of Security Officers at the various locations (Posts) at the Castro Encampment. The number of security guards will be specified by the City prior to contract execution. Staff is anticipating requesting three security guards for overnight hours and three during daytime hours (this may be changed based on circumstances).
This security deployment will involve a single assignment, Castro encampment security, 24 hours per day throughout the week. Security will be provided 24 hours per day, seven days a week including federal holidays. Security services shall be performed in a manner that will ensure the safety and well-being of the public and Castro residents in accordance with Castro rules/regulations, directives, and support the Castro Safety Plan. The Contractor shall provide unarmed Security Officers at the Hensley Street entry and the Castro Street cul-de-sac area of the encampment for the duration of the contract which will include monitoring the ingress/egress of residents. Non-residents will not be allowed, except for city staff and city-contracted service providers.
B. Existing staffing may be modified or eliminated at the sole discretion of the City of Richmond. Security staff and hours may be increased or decreased as required to meet changing needs of the Castro Encampment. The City of Richmond will strive, but shall not be obligated, to provide 15 calendar days advance notice of any new changes in hours or staffing.
C. Assigned guards will maintain a daily log and prepare an incident report as issues occur.
Those reports will be forwarded to City staff weekly, as designated by the Project Manager. In addition to the scheduled security "rounds" security personnel must periodically check with the ERF Project Manager, Vanessa Galloway of Way 2Love, Inc.
D. Assigned guards will immediately report any suspicious persons, vehicles or activity to the Richmond Police Department, 24 hours a day, through the non-emergency dispatch number at (510) 233-1214. All emergencies shall be reported via 911.
E. Due to the sudden and dynamic nature of security at the encampment, the Contractor may be asked to occasionally provide additional qualified temporary Security Officers, with little or no advanced notice.
F. Security personnel should be familiar and trained on how to deal with people experiencing homelessness, as well as people with mental health issues. Security personnel should be familiar and able to make assessments/referrals for outreach services for these individuals. 02/03/04Page 150 of 334
G. Each assigned guard must have a California Security Guard Certification Card issued by the California Department of Consumer Affairs.
H. With fifteen (15) calendar day written notice, the City reserves the right to discontinue all or certain portions of this contract.
I. The Contractor's daily point of contact will be the Encampment Resolution Project Manager, Vanessa Galloway of Way 2Love, Inc., and the City of Richmond Housing Manager, Jesus M. Morales.
J. The Contractor must present evidence of complete insurance coverage meeting the Risk Management Department's miiumum msurance requu'ements, mcluding one-million- dollar general liability and two-million-dollar aggregate wifh the City of Richmond named as an additional insured.
Emergency Justification Forms must be signed by the Procurement Services Manager before submission to the City Manager or City Council.
Department/Division: Community Development / Housing
Department Head Signature: '1(^H/t//^/j/v^ Date: JJ_/JA_/_ Finance Director Signature: J^t6-/ ( ^^ Date: _Z/_/_/^_/_ City Manager Signature:_ Date: /
(Emergency purchases estimating/totaling UNDER $10,000.00 require City Manager's signature) City Council Authorization:_ Council Date: _I _/_
(Emergency purchases estimating/totaling OVER $10,000.00 require Council approval. Attach Resolution.) NOTE: FINAL APPROVAL BY CFTY MANAGER AND/OR CITY COUNCIL IS REQUIRED IN ACCORDANCE WITH MUNI. CODE SECTION 2.52.334 EMERGENCY PROCUREMENT 02/03/04Page 151 of 334
CITY OF RICHMOND
EMERGENCY PROCUREMENT
Purpose and Background:
To provide a rapid method of procuring goods or services to prevent delays in work which may vitally affect the health, safety or welfare of citizens or employees.
Policy:
While the need for occasional emergency procurement is recognized, the practice shall be curtailed as much as possible by anticipating needs in time for the use of the regular procurement procedures.
Emergency procurements shall be authorized by the Procurement Services Division when they are in compliance with Municipal Code 2.52.334 as follows:
".. .the City Manager may make or authorize others to make emergency procurements of supplies and services, when there exists a threat to public health, welfare, or safety; provided that such emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file." In case of actual emergency departments may procure any supplies, materials or equipment required, provided that the immediate procurement is essential to prevent delays in the work of the using department which may affect the health, safety, or welfare of citizens.
The head of the using department shall send the Procurement Services Manager a requisition, a copy of the quotation and/or delivery record, and a full written explanation of the circumstances of the emergency, which shall be filed by the Procurement Services M'anager as a permanent and public record of the purchase.
An "emergency" is defined as a breakdown in machinery or equipment or the interruption of an essential service or any threat to public health, safety, or welfare.
Procedure:
Emergency procurements are not valid for contrived urgencies resulting from a lack of planning and organization.
Emergency procurements will only be approved when requested by authorized employees.
The using department shall contact the Procurement Services Division, advise them of the emergency, and request a PO number.
If the emergency arises during a time when the Procurement Services Division is normally closed, 1 the using department may proceed with the procurement without a PO number.
It becomes the responsibility of the using department to inform Procurement Services of the details of the transaction -within twenty-four (24) hours or at the earliest possible time on the first normally scheduled workday following the emergency.
02/03/04Page 152 of 334
After receipt of the required material or service, the using department shall forward to Procurement Services:
• All quotation and/or delivery documents (from the vendor(s)) • The completed 'Emergency Justification' form with City IVIanager Signature Authorization (for purchases under $10,000) and with Council Signature Authorization (for purchases over $10,000) and the City Council resolution or copy of the minutes approving the specific emergency procurement. • Invoices must be mailed directly to Finance, Attn: Acct. Payable. • Upon final approval and signature, all original(s) must be returned to the Procurement Services Division
Any Purchase Order not accompanied by the required paperwork, will be returned to the originating department, and will not be processed for payment until Procurement Services receives the complete package.
It is the goal of the Procurement Services Division to save funds on all procurements. By reducing emergency procurements, significant dollar savings will be realized. 02/03/04Page 153 of 334
ASC9E3TO PROFESSIONAL SffljEVtCES, LLC
[email protected]
P.O. BOX 1072
VALLEJO,CA 94590
(510) 302-5050 CHAUNCEYKIRTDOLL
(510) 302-5050 JOUSLYN KIRTDOLL
Greetings Ms. Galloway,
Thank you for considering Ascend Professional Services LLC for you security needs. We really feel that we can be an. asset to The City of Richmond.
Ascend Professional Services is one of the best security firms m this business because we rise to any occasion! The owners Chauncey Kirtdoll and Jouslyn Kirtdoll have over 25 years experience in Human Resources, Project & Property Management, Security Services and Military Training.
We have been providing Security services for various locations from Shopping Malls, Parking Lots, Schools, Apartment Buildings, Single Family Residences, Grocery Stores, Car Lots, to The Warriors, 49ers, Outside Lands, Pride, etc.
These contracts/properties are parking lots with grocery stores, gyms, clothmg stores, office supply/mailing stores and restaurants as well construction sites with our guards watching equipment and securing the premises overnight. We have also provided security watch to prevent homeless from squatting m vacant properties. We provide standing guards as well as mobUe patrols. So, as you can see, we here at Ascend Professional Services are no strangers to your needs.
If given the honor to provide security services for your Richmond location, we can have the site adequately staffed within a reasonable time frame requested.
ASCEND PROBESSTONALSERVtoES, LLC
[email protected]
P.O. BOX 1072
VALLEJO,CA 94590
(510) 302-5050 CHAUNCEYKIRTDOLL
(510) 302-5050 JOUSLVN KIRTDOLL
We would like the preceding to be our initial offer for services.
Ascend Professional Services, LLC proposes an hourly rate of $40.00 for a 3 standing Unarmed Security Officers 7 days per week during the hours of 12 am to 12 am (24 hours). The break down if the shift will be as follows:
12am- 8 am 3 standing unarmed guards = 24 hours total for first shift x $40 per hour per guard =$960.00 8 am - 4 pm 3 standing unarmed guards = 24 hours total for second shift x $40 per horn- per guard = $960 4 pm - 12 am 3 standing unarmed guards = 24 hours total for third shift x $40 per hour per guard = $960 Daily total cost would be $2,880.00. Total estimated monthly cost $89,280.00 However, we strive to work within our clients budget so the above rates can be negotiated. This rate includes the following:
• Incident Reports including pictures when necessary
• Mobile phone number provided to reach guard in case of emergencies • Patrol vehicle
Ascend Professional Services, LLC recognizes Federal Holidays as the only holidays billed at a premium rate of time and a half. Upcoming holidays Thanksgiving and Christmas would be charged at time and a half ($60.00 per hours) so the cost would be as additional $1,440.00 for a total of $4,320 for those two days.
ASCEND PROFESSIONALSERVtCES, LLC
[email protected]
P.O. BOX 1072
VALLEJO, CA 94590
(510) 302-5030 CHAUNCEY KIRTDOLL
(510) 302-5030 JOUSLYN KIRTDOLL
If the above rates are acceptable, we can set up some time to discuss a smooth transition to Ascend Professional Services.
We look forward to hopefully working together
Respectfully,
Chauncey Ku'tdoll
Jouslyn Kirtdoll
Owners
Ascend Professional Services, LLC
(510) 3 02-5050 Office
[email protected]
Chauncey Kirtdoll
Bio
1989-1992 USMC Special Weapons Security
Credentials- Top Secret Security Clearance NAS Alameda
Duties- Trained to as Anti-Terrorist Security Guard, Special Firearms Training, Hand to Hand combat, FBI Hostage recovery training. Room clearing, Verbal Judo and special weapons recovery specialist.
Worked with Naval base police when needed as back up force. 1992-2012 Arrakis Professional Service
Credentials- BSIS registered unarmed Security officer, Security Manager over 8 years Duties- Protected retail customer accounts with outstanding security service. Liaison with clients for problem resolution.
1996-1998 Security USA
Credentials- BSIS registered open carry Security Officer, yearly federal handgun qualification Duties- Federal Armed Security officer, protected Oakland Army base and local federal locations. 1998-2002 Paige Security
Duties- Federal Armed Security officer, protected Richmond Social Security Admin and various San Francisco Federal contracts. Worked with Federal Protective Service to meet daily access any security issue that may have arisen.
2014 to Present Aascend Staffing Professional Services
Credentials- BSIS Private Patrol Operator License
Duties- Contract procurement and client retention, hiring and training of armed and unarmed security officers. Trained officers in continuing education per CA state regulations. Trained officers on de- escalation of force and customer service, monitored powers to arrest, chemical agent training.
Notable Contracts:
NFL- Super Bowl 50 San Francisco CA
NFL- Oakland Raiders/ SF 49ers
NCAA-CAL Bears Stanford Cardinals San Jose St. Spartans NBA- Golden State Warriors 4x Provider of Security for Warriors Championship Parades Tech- Google, Sales Force, Moscone Center, Hardly Strictly Festival Golden Gate Park Richmond Auditorium- 3x provider for Snow Ball
WCUSD- Currently providing strike coverage for the school district, working with Officer Booker (ret Richmond P.D)
Brixmor Properties- Homeless abatement on large retail parking lots and security services.
Richmond Foodsco Parking lot security service provider
Sonoma Plaza Vallejo- homeless abatement and retail security Vallejo.
Chauncey Kirtdoll
510 776 5346
THE VALUE IN USING
ASCEND PRIVATE SECURITY?
It's What We Do
At Ascend Private Security, our goal is
complete customer satisfaction. We will do
whatever it takes to make our clients happy
with our service and to recommend our
services to others. Our intensive
preparation and training for the security
officers ensure their ability to be employed
in the corporate office buildings and
reception areas. Their training
encompasses hypothetical and practical
work that focuses on: customer service,
public relations, surveillance techniques,
fire, health and safety.
Added values of using our a security guard
from Ascend Private Security are:
*No minimum hours restriction. We can
provide you with security coverage all hours,
days or nights only depending on your
needs. This ranges from uniformed security
guards to customer service representatives
or receptionist.
*0ur security guards will be suitably dressed
for your work place, office building or
reception.
*We are veteran owned and Bay Area
based.
*We believe that image is everything and a
first impression is a lasting one and each of
our employees wilt strive to represent your
company and take pride in what you do.
For a free no-obligation consultation
about your security guard needs,
contact us at:
301 Georgia Street, Ste. 240
Vallejo, California 94590
Office Hours
Mon-Fri: 9:00am-5:30pm
(Security Supervisors on-call 24/7)
Office Number:
510-302-5050
Email:
*ASCEND*
P R I VAT E A, S E C LI R I T Y
OUR MISSION
Personalized security catered to
your company's needs
Whether it's security in an office building or
a customer service
representatiue/receptionist you are looking
for, Ascend Private Security has the right
security officer, professionally trained to
provide you with the best security coverage
to meet your needs. This can be tailor-
made to suit every environment with the
assurance of maximum security for your
employees, office or building.
We are a contract security provider who
can do more than simply deter, detect and
report. We can and will provide you with
that very Important first impression. Our
employees will represent your company
and will take pride and ownership in doing
so.
"Ascend Private Security is the best
here in the Bay Area! There's no
other company I trust to manage
security at all of my events"
Don Alexander, CEO
Signature Engagement, LLC
Get the exact results you want
We are a contract security provider who
can do more than simply deter, detect and
report. We can and will provide you with
that very Important first impression. Our
employees will represent your company
and will take pride and ownership in doing
so.
Ascend Private Security is a cut
above (he res(/
Ascend Private Security surpasses our
competition in meeting the standards of
what a security guard company consists of
in the industry today. As a security provider
we provide much more than to deter,
detect and report.
Using modern tschnology and proven techniques
(o handle all of your security need/
Call us today to create a personalized
security agenda guaranteed to fit your
special event and company's needs
Our Products and Services
Our guard services are available 24 hours
a day for all types of businesses. We
provide services for companies ranging
from property management firms to
construction sites.
Ascend Private Security's capable of
providing security guards at a moments
notice. Ascend's employees are customer-
oriented professionals, fully uniformed and
equipped with the necessary tools to get
the job done right. Our guard force is well
trained in security policy and procedures.
In addition, they are trained to provide
superior customer service, making an
outstanding first impression with your
customers. We train our security guards to
do more than deter, detect and report.
KIRTDOLL, CHAUNCEY BURDELL
LICENSE NUMBER: 1561131 LICENSE TYPE: BATON PERMIT
LICENSB STATUS: CURRENT EXPIRATION DATE: N/A
SECONDARY STATUS: N/A
CITY: VALLEJO STATE: CALIFORNIA COUNTY: SOLANO ZIP: 94589
KIRTDOLL, CHAUNCEY BURDELL
LICENSE NUMBER: 6341584 LICENSE TYPE: SECURITY GUARD
LICENSE STATUS: CURRENT EXPIRATION DATE: OCTOBER 31, 2023 SECONDARY STATUS: N/A
CITY: VALLEJO STATE: CALIFORNIA COUNTY: SOLANO ZIP: 94590
KIRTDOLL, CHAUNCEY BURDELL
CLICK HERE FOR MORE DETAILS
TYPE: PPO QUALIFIED MANAGER
CITY: VALLEJO STATE: CALIFORNIA COUNTY: SOLANO ZIP: 94590
KIRTDOLL, CHAUNCEY B
LICENSE NUMBER: 121169 LICENSE TYPE: PRIVATE PATROL OPERATOR LICENSE STATUS: CURRENT EXPIRATION DATE: MAY 31, 2023
SECONDARY STATUS: N/A
CITV: VALLEJO STATE: CALIFORNIA COUNTY: SOLANO ZIP: 94590
KIRTDOLL, CHAUNCEY B (PREVIOUS NAME)
LICENSE NUMBER: 6341584 LICENSE TYPE: SECURITY GUARD
LICENSE STATUS: CURRENT EXPIRATION DATE: OCTOBER 31, 2023 SECONDARY STATUS: N/A
CITY: VALLEJO STATE: CALIFORNIA COUNTY: SOLANO ZIP; 94590
KIRTDOLL, CHAUNCEY B (PREVIOUS NAME)
CLICK HERE FOR MORE DETAILS
TYPE: PPO QUALIFIED MANAGER
CITY: VALLEJO STATE: CALIFORNIA COUNTY: SOLANO ZIP: 94590
AASCEND PROTECTIVE SERVICES
LICENSE NUMBER: 12-I-169 LICENSE TYPE: PRIVATE PATROL OPERATOR LICENSE STATUS: CURRENT EXPIRATION DATE: MAY 31, 2023
SECONDARY STATUS: N/A
CITY: VALLEJO STATE: CALIFORNIA COUNTY: SOLANO ZIP: 94590
BUREAU OF SECURITY AND INVESTIGATIVE
SERVICES
LICENSING DETAILS FOR: 121169
NAME; AASCEND PROTECTIVE SERVICES
LICENSE TYPE; PRIVATE PATROL OPERATOR
PRIMARY STATUS; CURRENT
ADDRESS OF RECORD
205 BROADWAY ST
VALLEJOCA 94590-4518
SOLANO COUNTY
LICENSE RELATIONSHIPS
OWNER
LICENSE/REGISTRAT10N ROLE: BUSINESS LICENSE
RELATED PART/ ROLE: PRINCIPAL
NAME: KIRTDOLL, CHAUNCEY B
VIEW MORE DETAILS
PPO TO QUALIFIED MANAGER
UCENSEfREGISTRATION ROLE: PRIVATE PATROL
OPERATOR
RELATED PARTY ROLE: QUALIFIED MANAGER
NAME: KIRTDOLL, CHAUNCEY BURDELL
VIEW MORE DETAILS
ISSUANCE DATE
MAY 12, 2021
EXPIRATION DATE
MAY 31, 2023
CURRENT DATE / TIME
NOVEMBER 7, 2022
1:46:25 PM
ADDRESS NOT DISCLOSED
ADDRESS;
VALLEJOCA 94590-4618
SOLANO COUNTY
BUREAU OF SECURITY AND INVESTIGATIVE
SERVICES
LICENSING DETAILS FOR: 1561131
NAME: KIRTDOLL, CHAUNCEY BURDELL
LICENSE TYPE; BATON PERMIT
PRIMARY STATUS: CURRENT
ADDRESS OF RECORD
VALLEJO CA 94589-3841
SOLANO COUNTY
LICENSE RELATIONSHIPS
GUARD TO BATON PERMIT
LICENSE/REGISTRATION ROLE: BATON PERMIT
RELATED PARTY ROLE: GUARD
NAME: KIRTDOLL, CHAUNCEY BURDELL
LICENSE/REGISTRATION TYPE: SECURITY GUARD
LICENSE NUMBER: 6341584 PRIMARY STATUS:
CURRENT
ISSUANCE DATE
OCTOBER 19, 2020
EXPIRATION DATE
N/A
CURRENT DATE / TIME
NOVEMBER 7, 2022
1:44:57 PM
ADDRESS;
VALLEJO GA 94590-0637
SOLANO COUNTY
BUREAU OF SECURITY AND INVESTIGATIVE
SERVICES
LICENSING DETAILS FOR: 6341584
NAME; KIRTDOLL, CHAUNCEY BURDELL
LICENSE TYPE: SECURITY GUARD
PRIMARY STATUS; CURRENT
PREVIOUS NAMES! KIRTDOLL, CHAUNCEY B
ADDRESS OF RECORD
VALLEJO CA 94590-0637
SOLANO COUNTY
LICENSE RELATIONSHIPS
GUARD TO BATON PERMIT
LICENSE/REGISTRAT10N ROLE; GUARD
RELATED PARTY ROLE: BATON PERMIT
NAME: KIRTDOLL, CHAUNCEY BURDELL
LICENSE/REGISTRAT10N TYPE: BATON PERMIT
LICENSE NUMBER; 1561131 PRIMARY STATUS:
CURRENT
ADDRESS:
VALLEJO CA 94589-3841
SOLANO COUNTY
ISSUANCE DATE
OCTOBER 10, 2017
EXPIRATION DATE
OCTOBER 31, 2023
CURRENT DATE / TIME
NOVEMBER 7, 2022
1:45:12 PM
BUREAU OF SECURITY AND INVESTIGATIVE
SERVICES
DETAILS FOR KIRTDOLL, CHAUNCEY BURDELL
NAME: KIRTDOLL, CHAUNCEY BURDELL
TYPE: PPO QUALIFIED MANAGER
PREVIOUS NAMES; KIRTDOLL, CHAUNCEY B
ADDRESS OF RECORD
VALLEJO CA 94590-4518
SOLANO COUNTY
LICENSE RELATIONSHIPS
PPO TO QUALIFIED MANAGER
LICENSE/REGISTRATION ROLE: QUALIFIED
MANAGER
RELATED PARTY ROLE; PRIVATE PATROL
OPERATOR
NAME: AASCEND PROTECTIVE SERVICES
LICENSE/REGISTRATION TYPE; PRIVATE PATROL
OPERATOR
LICENSE NUMBER: 121169 PRIMARY STATUS:
CURRENT
CURRENT DATE / TIME
NOVEMBER 7, 2022
1:45:25 PM
ADDRESS;
205 B ROADWAY ST
VALLEJO CA 94590-4518
SOLANO COUNTY
MAP
BUREAU OF SECURITY AND INVESTIGATIVE
SERVICES
LICENSING DETAILS FOR: 121169
NAhffE: AASCEND PROTECTIVE SERVICES
LICENSE TVPEs PRIVATE PATROL OPERATOR
PRIMARY STATUS; CURRENT
ADDRESS OF RECORD
205 B ROADWAY ST
VALLEJOCA 94590-4518
SOLANO COUNTY
LICENSE RELATIONSHIPS
ISSUANCE DATE
MAY 12, 2021
EXPIRATION DATE
MAY 31, 2023
CURRENT DATE / TIME
NOVEMBER 7, 2022
1:45:50 PM
OWNER
LICENSE/REGISTRATION ROLE: BUSINESS LICENSE
RELATED PARTY ROLE: PRINCIPAL
NAME: KIRTDOLL, CHAUNCEY B
VIEW MORE DETAILS
PPO TO QUALIFIED MANAGER
LICENSEfREGISTRATION ROLE: PRIVATE PATROL
OPERATOR
RELATED PARTY ROLE; QUALIFIED MANAGER
NAME: KIRTDOLL, CHAUNCEY BURDELL
VIEW MORE DETAILS
ADDRESS NOT DISCLOSED
ADDRESS:
VALLEJOCA 94590-4518
SOLANO COUNTY
BUREAU OF SECURITY AND INVESTIGATIVE
SERVICES
LICENSING DETAILS FOR: 6341584
NAME; KIRTDOLL, CHAUNCEY BURDELL
LICENSE TYPE: SECURFTY GUARD
PRIMARY STATUS; CURRENT
PREVIOUS NAMES; KIRTDOLL, CHAUNCEY B
ADDRESS OF RECORD
VALLEJO CA 94590-0637
SOLANO COUNTY
LICENSE RELATIONSHIPS
GUARD TO BATON PERMIT
LICENSE/REGISTRATION ROLE: GUARD
RELATED PARTY ROLE: BATON PERMIT
NAME: KIRTDOLL, CHAUNCEY BURDELL
LICENSE/REG1STRATION TCPE: BATON PERMIT
LICENSE NUMBER: 1561131 PRIMARY STATUS:
CURRENT
ISSUANCE DATE
OCTOBER 10, 2017
EXPIRATION DATE
OCTOBER 31, 2023
CURRENT DATE / TIME
NOVEMBER 7, 2022
1:45:59 PM
ADDRESS:
VALLEJO CA 94589-3841
SOLANO COUNTY
BUREAU OF SECURITY AND INVESTIGATIVE
SERVICES
DETAILS FOR KIRTDOLL, CHAUNCEY BURDELL
NAME: KIRTDOLL, CHAUNCEY BURDELL
TV-PE: PPO QUALIFIED MANAGER
PREVIOUS NAMES; KIRTDOLL, CHAUNCEY B
ADDRESS OF RECORD
VALLEJOCA 94590-4518
SOLANO COUNTY
LICENSE RELATIONSHIPS
PPO TO QUALIFIED MANAGER
LICENSE/REGISTRATION ROLE: QUALIFIED
MANAGER
RELATED PARTY ROLE; PRIVATE PATROL
OPERATOR
NAME: MSCEND PROTECTIVE SERVICES
LICENSE/REGISTRATION TYPE; PRIVATE PATROL
OPERATOR
LICENSE NUMBER; 121169 PRIMARY STATUS:
CURRENT
CURRENT DATE / TIME
NOVEMBER 7, 2022
1:46:14 PM
ADDRESS;
205 B ROADWAY ST
VALLEJO CA 94530-4518
SOLANO COUNTY
MAP
PROGRAM BUDGET
Ascend Professional Services, LLC 3 security guard 24 hours Castro Encampment security
Guards Hrly. Rate*
Hours per
day Daily Rate
3 40.00$ 72 2,880$ 169,920$
59 Regular
days
3 60.00$ 72 4,320$ 12,960$ 3 Holidays TOTAL 182,880$
*Will be adjusted for federal holidays @ $40.00 x 1.5 = $60/Hr holiday rate Holidays are Nov 24 Thanksgiving, Dec 25 Xmas, and Jan 1 New Years Day
01337.0024/837803.4 Page 1 of 6
November 22, 2022
Community Development
DATE: November 22, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Lina Velasco, Community Development Director
James Atencio, Senior Assistant City Attorney
Subject:
Terminal One Disposition: Notice to California Department of Housing and Community Development (HCD) and of
Community Benefits
FINANCIAL IMPACT: None at this time. Upon closing of the proposed sale of Terminal One, the City anticipates receiving ultimately $10M in sale proceeds and potentially $5M upon
successful completion and sale of all units along with
community benefits from the developer including an
accessible restored wharf and community park and trail, sea defense, and hazardous soil remediation with a
cost/value of up to $20M paid by Developer.
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
Whether to revise the 2014 LDA for Terminal 1 based on
the financial consultant’s determination that the prior housing project was not developable due to financial
infeasibility, determine that the property is exempt from the Surplus Land Act, and close on the sale by
December 31, 2022.
AGENDA
REPORT
01337.0024/837803.4 Page 2 of 6
November 22, 2022
RECOMMENDED ACTION:
APPROVE (1) Terms of Amendment to Land Disposition
Agreement for Terminal One Project with Developer; (2)
Authorize the city manager and city attorney to finalize the Amendment incorporating the approved terms; (3)
ADOPT a resolution Declaring Terminal One Property
Exempt From Surplus Land Act; and RECEIVE INPUT on
Community Benefits proposed as part of the Project –
City Attorney’s Office/Community Development
Department (Dave Aleshire/Lina Velasco/James Atencio
510-620-6509). RESOLUTION TO FOLLOW
DISCUSSION:
A. BACKGROUND
Terminal One Development, LLC (“Developer”) and City are parties to a Land Disposition Agreement entered into in August 2014 (“LDA”) concerning the disposition of the project site located at 1500 Dornan Drive (“Property”). The LDA provides that the City will sell the Developer approximately 10 acres of the overall 13.8 -acre site for construction of a medium density residential project and retain ownership of the remaining portion for development of a public park.
Until the early 1990s, the project site was a port terminal, used by the Port of Richmond for shipping, transport, and related industrial activities. Most buildings and structures have been demolished and removed from the site, except for an approximately 94,000 square- foot former port operations warehouse (Terminal One Warehouse) building that is partially supported by the existing pier along the southern portion of th e site, and some building foundations, railroad tracks, and other concrete surfaces.
The Developer has proposed revisions to the Terminal 1 Residential Project that was originally approved by City Council in July 2016. The approved 2014 Project included 323 units consisting of condominiums and townhomes, associated common areas , and site amenities on approximately 13.8 acres at the Property. According to the Developer, the previously approved project became financially infeasible, which is why the Developer now requests consideration of a revised project (“Project”). Based on this the City retained Land Econ Group (“LEG”) to analyze the two proposals.
B. LAND ECON GROUP ANALYSIS
Staff received an economic analysis of the feasibility of the original project from LEG which concurred with the Developer’s feasibility assessment. LEG found that the high construction cost of parking podiums and midrise buildings with elevators push the cost well beyond the projected selling prices. LEG therefore deemed the project c urrently unfeasible and likely unfeasible for years to come. LEG determined that the Developer’s
01337.0024/837803.4 Page 3 of 6
November 22, 2022
proposed revised project would be marginally feasible, in that it would be able to carry its agreed to land cost and likely its site work for seismic stability, remediation and clean up.
Staff, with the assistance of LEG and Developer engaged in ongoing discussions regarding a revised Project scope for the Property that would be economically feasible.
The proposed Project, currently known as the Latitude Res idential Subdivision, includes 154 detached single-family houses and duplexes with 30 JADUs incorporated into some of the single-family homes (see Attachment 2, Project Plans). Staff anticipates the Project will be agendized for Council consideration at its December 6 meeting.
C. AMENDED LDA
Staff and the Developer have had ongoing discussions on the terms of an amendment to the LDA to reflect the revised Project scope that is feasible for the Developer and acceptable to the Cit y. The City Attorney and Developer’s representatives have negotiated the terms of a n LDA amendment that will differ from the original LDA as discussed here.
The Land Disposition Agreement which is being amended was an agreement providing the terms of a sale, and it described the project contemplated, but it did not approve the project entitlements —those still were and are subject to the City’s land use approval process. It described the proposed housing project and the public and private infrastructure improvements contemplated, but it made it clear that all of this was subject to the City’s land use process including the Design Review Board, Planning Commission and City Council, and would include the CEQA process . The LDA specifically stated, “Developer shall be solely responsible for processing and securing all of the Entitlements required to develop the Project and construct the Offsite Improvements . . . Nothing shall be deemed to require City to grant any Local Approvals or otherwise to exercise its discretionary authority in any particular manner.” (4.1.3/4.1.5) Besides the change in the nature of the project which has occurred, when the State amended the Surplus Land Act (discussed below) , it grandfathered in existing sales agreements but only if they closed by December 31, 2022. The 2014 LDA contemplated that at closing all of the Entitlements would have been granted —and in fact there were conditions so that parties did not have to close if the permits were not granted.
If the sale does not close by th e end of the year and the property had to go through the Surplus Land process, the City might have to start over with a new developer who didn’t have the extensive history with the site —environmental conditions, seashore protection, rehabilitation of the h istoric wharf, land remediation , and so forth —or have the capacity to deal with the added costs of development created by these conditions. The concern is that starting over with a new developer could end up leaving the site vacant and undeveloped for another decade. This is why it seems worthwhile to make this effort to modify the LDA with the Project still subject to completing the entitlement process.
01337.0024/837803.4 Page 4 of 6
November 22, 2022
The Developer has agreed to waive the conditions of the sale protecting the Developer by having the entitlements in place before closing, while the City agrees to creating a phased payment of the purchase price. However, in terms of the public infrastructure and the community benefit, all these remain the same; requirements for Project Labor Agreement remain in place; as do requirements for local hiring . The City’s requirements for inclusionary housing still apply . In fact, the only changes to the LDA , other than as discussed here, will be those specifically provided in the Amendment —and generally relate to the real estate closing aspects of the transaction.
These deal points are as follows:
1. Initial Purchase Price $10M paid as follows:
$500K previously paid and nonrefundable . Second $500K paid at closing . $2M paid when entitlements granted, and all appeal periods have expired without challenge. $2M paid when 1 st building permits granted. $5M paid earlier to occur of 50th building permit or December 15, 2024.
2. Additionally, in consideration for the deferral of payment of purchase price, upon sale of th e last unit, Developer shall pay the lesser of $5M or 15% of gross unit sales revenue over $182M.
3. Developer shall enter Project Labor Agreement.
4. Project shall construct all specified improvements . There shall be no impact fees contributed from other projects.
5. Closing to be before December 31, 2022.
6. Right of reverter if nonperformance in normal RDA form.
7. Developer to provide Project Description and Schedule of Performance immediately.
8. Developer to contribute fair share for street maintenance caused by projec t development.
9. Parties will develop mechanism for maintenance of infrastructure.
10. Any legal challenge Developer pays the costs of defense.
The extraordinary costs the capital project faces include the following:
• Remediation of the hazardous seismic and envi ronmental conditions at the site – The seismic cost is estimated at $5M, remediation at $3M, demolition of warehouse (90,000 sq. ft.) at $5M, mitigate unengineered fill at $1M [Total $10.5M] • Structural retrofit of the wharf to address hazardous seismic con ditions – Developer estimates at $3.5M plus $1M for mitigation to address sea level rise