City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: october 18, 2022 FROM: COMMUNITY & ECONOMIC DEVELOPMENT WARDS: ALL
DEPARTMENT
FIRE DEPARTMENT
SUBJECT: INTRODUCE A RESOLUTION MAKING EXPRESS FINDINGS FOR LOCAL AMENDMENTS; INTRODUCE ORDINANCES AND SCHEDULE A PUBLIC HEARING TO CONSIDER: ADOPTING THE 2022 EDITION OF CALIFORNIA CODE OF REGULATIONS TITLE 24, THE CALIFORNIA BUILDING STANDARDS CODE; AMENDING CHAPTER 9.48 - UNIFIED HAZARDOUS MATERIALS PROGRAMS; ADDING CHAPTER 16.26 - ELECTRIFICATION OF NEW BUILDINGS; AND AMENDING CHAPTER 16.36 - PUBLIC SAFETY RADIO AMPLIFICATION SYSTEMS ISSUES:
Introduce a Resolution making the necessary express findings to support local amendments to the 2022 edition of California Code of Regulations Title 24, the California Building Standards Code; and Introduce the following Ordinances and Schedule a Public Hearing for November 15, 2022, at 6:15 p.m. for the following:
Adopting the 2022 Edition of California Code of Regulations Title 24, the California Building Standards Code with local amendments; Amending Title 9 - Chapter 9.48 of the Riverside Municipal Code, Unified Hazardous Materials Programs; Adding Title 16 - Chapter 16.26 of the Riverside Municipal Code, Electrification of New Buildings; and Amending Title 16 - Chapter 16.36 of the Riverside Municipal Code, Public Safety Radio Amplification Systems.
RECOMMENDATIONS:
That the City Council:
Introduce a Resolution making the necessary express findings to support local amendments to the 2022 edition of California Code of Regulations Title 24, the California Building Standards Code; and Introduce the following Ordinances and Schedule a Public Hearing for November 15, 2022, at 6:15 p.m., for the following:
Adopting the 2022 Edition of California Code of Regulations Title 24, the California Building Standards Code with local amendments; Amending Title 9 - Chapter 9.48 of the Riverside Municipal Code, Unified Hazardous Materials Programs; Adding Title 16 - Chapter 16.26 of the Riverside Municipal Code, Electrification of New Buildings; and Amending Title 16 - Chapter 16.36 of the Riverside Municipal Code, Public Safety Radio Amplification Systems.
BACKGROUND:
The California Building Standards Commission adopts a new version of the California Building Standards Code, also known as California Code of Regulations, Title 24, every three years. The adopted building standards include 13 parts and are based on the most recent versions of the national “model” codes distributed by the International Code Council (ICC).
The triennial update improves building performance and efficiency, fire and life safety, accessibility, sustainability, resiliency, and structural integrity using the most recent engineering, materials, and construction practices. When the State formally adopts the newest building codes, local municipalities have 180 days from the date of publishing in July to review, amend and adopt the latest building codes prior to the state’s mandated effective date of January 1, 2023.
On April 22, 2021, in coordination with the City Manager’s Office, staff brought forward an item to the City Council’s Economic Development, Placemaking, Branding/Marketing Committee to discuss strategies related to building decarbonization. The Economic Development, Placemaking, Branding/Marketing Committee unanimously approved a motion to (1) direct staff to move forward with the discovery phase of a building decarbonization reach code that would include an all-electric mandate for new low-rise construction beginning January 1, 2023; and (2) form a Decarbonization Advisory Group (DAG) made up of representatives from the development community, organized labor, environmental justice and community groups, and other industry experts to inform the development of a reach code.
Between July 2021 and May 2022, the Decarbonization Advisory Group held eight meetings and heard from a wide array of technical experts, including representatives from the California Energy Commission, the American Institute of Architects, the California Building Industry Association and Southern California Gas Company, among many others, including key staff from Public Utilities and the Community & Economic Development Department. The Decarbonization Advisory Group largely agreed that electrifying and decarbonizing new low-rise buildings starting with the 2023 triennial building code cycle is an essential step towards achieving our carbon neutrality goals in accordance with the Strategic Plan.
Some concerns articulated during the DAG discussions revolved around housing affordability, the cost of electricity, the impact of an increased load on the electric grid, the cost of infrastructure upgrades, and market-readiness of all-electric appliances.
On June 23, 2022, at the conclusion of the DAG discussions, staff returned to the City Council’s Economic Development, Placemaking, Branding/Marketing Committee and presented findings for consideration based on the collaborative meetings and input received from stake holders and staff. The outcome of the meeting resulted in a unanimous recommendation to move forward with a proposed building decarbonization reach code ordinance for City Council consideration during the forthcoming triennial code update in the fall of 2022. Staff was also directed to commence a series of public workshops to discuss a draft ordinance of the proposal and receive feedback from the community to help refine the technical requirements therein.
Between August and October 2022, staff hosted three public workshops. The workshops were successful in providing additional feedback, with many applauding the efforts to address climate change, and others who shared similar concerns that were raised during the DAG discussions, including equity and cost, as well as market and utility readiness.
DISCUSSION:
Local jurisdictions can amend the State Building Codes to better address local hazards that affect the region. Express findings are required when certain climatic, geological, or topographical conditions exist, providing local amendments are more restrictive than the state codes. Historically, the City of Riverside has made the necessary express findings to amend the state building and fire codes to provide higher levels of safety, based on the local conditions and susceptibility to earthquake, flooding and fire. The City’s express findings are included in a Resolution as required by Health & Safety Code 17958.5 (Attachment 1).
Local administrative amendments to the State Building and Fire Codes are common to establish policies and procedures related to the permitting, plan check and inspection process. During this triennial code cycle, staff is proposing various administrative code amendments to better serve our community and help protect our built environment. The proposed administrative amendments refine current code to provide the Building Official and Fire Marshal greater levels of flexibility, reduce redundancy, and help clarify policy as needed, including the expiration of permits and plan reviews, as an example. Additionally, new exceptions to codes are introduced, and various clean up language is also proposed.
Draft ordinances with exhibits have been prepared and include the local administrative and technical amendments proposed by the Building Official and Fire Marshal. Specifically, this includes:
Ordinances to adopt the 2022 Edition of California Code of Regulations Title 24, the California Building Standards Code with local amendments (Attachments 2 and 3); An Ordinance amending Title 9 - Chapter 9.48 - Unified Hazardous Materials Programs (Attachment 4); An Ordinance adding Title 16 - Chapter 16.26 to address building decarbonization (Attachment 5); and An Ordinance amending Title 16 - Chapter 16.36 - Public Safety Radio Amplification Systems (Attachment 6).
Statewide Code Changes
Some of the more significant statewide changes include furthering sustainability and resiliency through various Green and Energy Code updates. This includes a significant increase in required electric vehicle (EV) charging readiness, supporting infrastructure and service capacity, and a new requirement to install a percentage of charging stations on site.
Also included are first time requirements for solar photo-voltaic (PV) backup power readiness and infrastructure, and perhaps most significant of all, a mandate to require all new residential dwelling units be electric-ready, including service capacity, infrastructure, and space for new electric appliances, should fossil fuel sourced appliances be initially installed.
The electric-ready requirement follows past State practice to help ensure industry readiness (like solar PV and electric vehicle charging readiness requirements adopted during previous code cycles) that implement decarbonization strategies, including all electric dwellings during the next triennial code update.
From a fire code perspective, as wildfires increase in frequency, duration and intensity throughout the state, a significant update to the Wildland Urban Interface Standards was included to address site access, egress, and defensible space to help improve fire response.
Proposed Local Building Code Amendments – Title 16 - Chapters 16.04 - 16.34 As the state continues to implement new legislation that regulates housing construction, administrative amendments are needed for consistency. This includes adjustments to permit expiration and exceptions that help promote more affordable housing.
Staff is including an exception to the building noise ordinance that would allow those developing a single-family home, or a new ADU (Accessory Dwelling Unit) and/or JADU (Junior Accessory Dwelling Unit) to be exempt from the requirement of providing a noise study from a licensed design professional by using prescriptive standards established by the Building & Safety Division. This change saves customers time and money (typically a few thousand dollars) and helps promote more affordable housing.
Building & Safety is adjusting permit expiration timeframes from 180 days after permit issuance to one year without progress or a successful inspection, to align with new state law. Several other clean up items are included as noted in the proposed building ordinance and exhibit.
Staff is also proposing several amendments to Chapter 16.34 - Emergency Housing, that better address flame spread related to building materials, minimum cabin size and occupancy, fire separation distance and general life safety that apply to Emergency Sleeping Cabins. These amendments are necessary to ensure minimum health and safety standards are in place to protect those occupants and employees who serve these facilities. Recent statewide fire history related to Emergency Sleeping Cabins has demonstrated a need to reassess minimum standards that align with the adopted building codes, as proposed by staff.
Proposed Local Fire Code Amendments – Title 9 - Chapter 9.48, Title 16 – Chapters 16.32 and 16.36 There are no significant changes to Chapter 9.48. This section contains clean up language meeting current Health & Safety Code Section 25404(c).
There are no significant changes to Chapter 16.32. Section 321 is recommended for adoption related to Artificial Combustible Vegetation. Adding this section will assist in meeting vegetation management requirements in the fire hazard severity zones related to the wildland urban interface areas.
Staff is also proposing an amendment to Chapter 16.36, Emergency Radio Responder Coverage, to reference the 2019 edition of NFPA 1221. This amendment is needed to ensure effective citywide radio coverage of first responders.
Proposed Local Reach Code Ordinance - Title 16 - Chapter 16.26 On October 20, 2020, the City Council adopted the Envision Riverside 2025 Strategic Plan which includes the cross-cutting thread of sustainability and resiliency with a goal of reaching citywide carbon neutrality by 2040, five years ahead of California's statewide goal. The reasoning behind the City Council adopting this climate goal is already exemplified in the many risks impacting the City’s public health and safety, and life-sustaining ecosystems. These include rising temperatures that cause more extreme heat waves to drier landscapes that cause more intense droughts and more frequent and larger wildfires.
While the transportation sector continues to make up a significant portion of carbon emissions throughout the country, the built environment accounts for nearly 25% of carbon emissions in California and gas appliances within buildings account for over 50 million tons of emissions annually.
To reach both local and state carbon reduction goals, the Economic Development, Placemaking and Marketing/Branding Committee directed staff to study building decarbonization as a possible way forward. To date, over 60 municipalities in California have implemented reach codes that go above and beyond minimum state standards to address building decarbonization and climate change.
Staff has completed the recommendations for the proposed Title 16 - Chapter 16.26 addition for City Council consideration during the triennial code update (Exhibit A – Chapter 16.26).
The Chapter 16.26 addition applies to all newly constructed low rise (three stories or less) buildings erected in the City, effective January 1, 2023, and includes all uses like residential, commercial, and industrial, with some exceptions. The ordinance also includes an effective date for all buildings (including those four stories or higher) which would become effective during the next triennial code cycle, effective January 1, 2026.
As the City considers equity, cost, and industry readiness, staff has included several exceptions to the ordinance along with an infeasibility waiver process for the Building Officials’ consideration for unique cases, or for health and safety reasons.
Several exceptions are included such as: 1) certain industries like food establishments or commercial kitchen appliances and manufacturing facilities using high processing loads where industry readiness is still evolving; 2) existing single family mixed-fuel buildings that construct new Accessory or Junior Accessory Dwelling Units; 3) Essential (emergency use) buildings; and 4) Technology that may be available that the Building Official and Fire Marshal deem an equivalent zero carbon fuel source. Additional exceptions are also included that may be referenced in Exhibit A – Chapter 16.26.
As noted, the infeasibility waiver process is included for unusual physical site conditions, commercial availability of electric appliances or equipment, necessary operational requirements, electrical infrastructure requirements, or the public health, safety, or general welfare in the event of an electric grid outage. The Building Official may waive the requirements in writing only for those portions of the building where building electrification is infeasible. Appeals of the Building Official’s determination are permissible in accordance with preestablished procedures outlined in the municipal code.
The proposed ordinance does not include any modification to existing buildings regardless of use, including remodels, additions, changes of use, or tenant improvements, and similar projects. Only newly constructed buildings (as defined) are impacted by the ordinance.
It is important to note that in accordance with State law, the triennial code update must first be introduced to City Council in a public meeting, which will occur October 18, 2022, with a subsequent Public Hearing scheduled at which time staff will provide a comprehensive presentation for City Council consideration. No Council action is needed at this time.
Lastly, regarding the forthcoming Public Hearing, which is scheduled for November 15, 2022, staff will include additional data and supporting documentation related to the proposed reach code cost effectiveness, affordable housing impact, benefits of all electric vs. the electric-ready State mandate, health benefits, and other useful information received during the DAG meetings and community workshops.
The Interim Fire Chief and Public Utilities General Manager concur with the recommendations in this report.
STRATEGIC PLAN ALIGNMENT:
This item contributes to the Envision Riverside 2025 City Council Strategic Priority No. #2 – Community Well-Being, No. #4 – Environmental Stewardship and No. #5 – High Performing Government.
Specifically, Goal 2.4 – Supports programs and innovations that enhance community safety, encourage neighborhood engagement, and build public trust. Goal 2.6 - Strengthen community preparedness for emergencies to ensure effective response and recovery. Goal 4.6 – Implement the requisite measures to achieve citywide carbon neutrality no later than 2040, and Goal 5.5 - Fosters a culture of safety, well-being, resilience, sustainability, diversity, and inclusion across the city organization.
This item aligns with each of the five Cross-Cutting Threads as follows:
Community Trust – The triennial code update is transparent and includes community engagement through various workshops and public meetings, including the Economic Development, Place Making, Branding/Marketing Committee, and the City Council which serve the public interest.
Equity – The triennial code update represents a consistent, fair, and impartial application of applicable laws and adopted building standards with equitable distribution of services to the entire community.
Fiscal Responsibility – The triennial code update is neutral towards this cross-cutting thread.
Innovation – The triennial code update implements new building standards that improve means and methods of construction, enable the latest engineering practices, life safety measures, and allows new materials that help improve and strengthen the City’s built environment.
Sustainability and Resiliency – The triennial code update adopts the latest building standards that advance clean, green technology and resiliency within the built environment through the updated green, building, fire and energy codes.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of this resolution and its related ordinances.
Prepared by: Chris Christopoulos, Acting Community & Economic Development Director
Certified as to
availability of funds: Edward Enriquez, Interim Assistant City Manager/Chief Financial Officer/City Treasurer
Approved by: Rafael Guzman, Assistant City Manager
Approved as to form: Phaedra A. Norton, City Attorney
Attachments:
Resolution of Express Findings
Building Ordinance
Fire Ordinance – Chapter 16.32
Exhibit A - Chapter 16.32
Ordinance - Chapter 9.48
Ordinance - Chapter 16.26
Exhibit A - Chapter 16.26
Ordinance - Chapter 16.36
Presentation
2022 Triennial Building and Fire Code Ordinances Page 3