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Council Agenda: 10/18/2022
Item Number: 8.4(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN JOSE
AMENDING VARIOUS SECTIONS OF TITLE 24
(TECHNICAL CODES) OF THE SAN JOSE MUNICIPAL
CODE TO ADOPT THE 2022 CALIFORNIA BUILDING,
RESIDENTIAL, PLUMBING, MECHANICAL, ELECTRICAL
CODES, CALIFORNIA EXISTING BUILDING CODE, AND
CALIFORNIA HISTORICAL BUILDING CODE WITH
CERTAIN EXCEPTIONS, MODIFICATIONS AND
ADDITIONS
WHEREAS, pursuant to Sections 17922, 17958, 17958.5 and 17958.7 of the California Health and Safety Code, the City may adopt the provisions of the California Building, Residential, Plumbing, Mechanical, Electrical, Existing Building, and Historical Building Codes with certain amendments to those provisions which are reasonably necessary to protect the health, welfare and safety of the citizens of San José because of local climatic, geological and topographical conditions; and
WHEREAS, the City Council hereby makes the following findings with respect to local geological, topographical and climatic conditions relating to the amendments to the California Codes for which such findings are required:
A. The San Francisco Bay area region is densely populated and located in an area of high seismic activities. San Jose is bounded by the Hayward and San Andreas faults capable of producing major earthquakes.
B. Concern for fire-life safety associated with a structural failure due to a seismic event considering the increasing number of buildings in the region, the use of new structural systems, the poor performance of certain materials, and the quality of construction.
C. Severe seismic events could disrupt communications, damage gas mains, cause extensive electrical hazards, and place extreme demands on the limited and widely dispersed resources of the Fire Department resulting to meet the fire and life safety needs of the community.
D. The local geographic, topographic, and climatic conditions pose an increase hazard in acceleration, spread, magnitude, and severity of potential fires in the City of San Jose, and may cause a delayed response from emergency responders, allowing further growth of the fire.
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E. Additional findings with respect to certain amendments to the California Codes are as set forth in specific Code sections.
F. Amendments to the California Codes have been adopted in the past by the San José City Council based on specific findings of local geographic, topographic and climatic conditions; and the Council hereby reaffirms such findings and confirms that the facts on which such findings were based continue to exist.
G. The provisions of this Ordinance establishing certain more restrictive standards than the California Codes will better serve to prevent or minimize structural damage resulting from local conditions; and
WHEREAS, this Ordinance was found to be categorically exempt from environmental review, per the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended, 14 California Code of Regulations Section 15308, Actions by Regulatory Agencies for the Protection of the Environment, under File No. ER22-227; and
WHEREAS, the City Clerk is directed to submit this ordinance upon enactment to the California Building Standards Commission for filing pursuant to applicable law;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. Section 24.01.120 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.120 Exemption for Pending Applications
A. The provisions of the 20192022 California Building, Residential, Plumbing, Mechanical, Electrical Codes, California Existing Building Code, California Historical Building Code, California Building Energy Efficiency Standards, California Green Building Standards Code and California Existing Building Code as adopted and amended herein, shall not apply to any building or structure for which application for a building permit was made prior to January 1, 20202023.
Such buildings or structure shall be erected, constructed, enlarged, altered or repaired in accordance with the provisions of this chapter in effect at the date of said application.
B. All other applications shall be processed in accordance with the provisions of the 20192022 edition of the California Building Code, the California Residential Code, the California Plumbing Code, the California Mechanical Code, the California Existing Building Code, the California Electrical Code, the California Historical Building Code, Building Energy Efficiency Standards, the California NVF:JAC:CLS
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Green Building Standards Code, and the California Existing Building Code as adopted and amended herein.
SECTION 2. Section 24.01.224 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.224 Building Code
"Building code" means the California Building Code, or CBC, 20192022 edition, based on 20182021 International Building Code promulgated by the International Code Council, including the appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and in this title.
SECTION 3. Section 24.01.233 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.233 Electrical Code
"Electrical code" means the California Electric Code or CEC, 20192022 edition, based on 2017 National Electric Code promulgated by the National Fire Protection Association, as amended and set forth in the California Building Standards Code, Title 24, Part 3 and in this title.
SECTION 4. Section 24.01.236 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.236 Existing Building
"Existing building" means a building legally erected prior to January 1, 2020 2023 or one for which a legal building permit has been issued.
SECTION 5. Section 24.01.237 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.237 Existing Building Code
"Existing building code" means the California Existing Building Code, or CEBC, 20192022 edition, based on 20182021 International Existing Building Code promulgated by the International Code Council, including the appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and in this title.
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DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
SECTION 6. Section 24.01.238 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.238 Fire Code
"Fire code" is the California Fire Code or CFC, 20192022 edition, based on 20182021 International Fire Code promulgated by the International Code Council, including the appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in the California Code of Regulations and in this title.
SECTION 7. Section 24.01.240 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.240 Historical Building Code
"Historical building code" means the California Historical Building Code, or CHBC, 20192022 edition, including the appendix thereto in Title 24 of the California Code of Regulations, together with those omissions, amendments, exceptions and additions thereto as amended in this title.
SECTION 8. Section 24.01.245 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.245 Mechanical Code
"Mechanical code" is the California Mechanical Code or CMC, 20192022 edition, based on 20182021 Uniform Mechanical Code promulgated by the International Association of Plumbing and Mechanical Officials, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and in this title.
SECTION 9. Section 24.01.260 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.260 Plumbing Code
"Plumbing code" is the California Plumbing Code, or CPC, 20192022 edition, based on 20182021 Uniform Plumbing Code promulgated by the International Association of Plumbing and Mechanical Officials, including the appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and in this title.
SECTION 10. Section 24.01.265 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
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24.01.265 Residential Code
"Residential code" means the California Residential Code, or CRC, 20192022 edition, based on 20182021 International Residential Code promulgated by the International Code Council, including the appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and in this title.
SECTION 11. Section 24.01.350 of Chapter 24.01 of Title 24 of the San José Municipal Code is amended to read as follows:
24.01.350 Existing Occupancy
A. Buildings in existence on December 31, 20192022 may have their existing use or occupancy continued if the use or occupancy was legal at the time of the adoption of the building code, and provided continued use is not dangerous to life, health and safety.
B. A change in the use or occupancy of any existing building or structure shall comply with the provisions of Part 6 of Chapter 24.02 and Chapter 24.07.
SECTION 12. Section 24.02.520 of Chapter 24.02 of Title 24 of the San José Municipal Code is amended to read as follows:
24.02.520 Required Building Inspections
The building official, upon notification, shall make the following inspections:
A. Foundation inspection. To be made after excavations for footings are complete and required reinforcing steel is in place. For concrete foundations, required forms shall be in place prior to inspection. All materials for the foundation shall be on the job, except when concrete is ready-mixed in accordance with approved nationally recognized standards, the concrete need not be on the job. When the foundation is to be constructed of approved treated wood, additional inspections may be required by the building official.
B. Concrete slab or under-floor inspection. To be made after in-slab or under-floor building service equipment, conduit, piping accessories and other ancillary equipment items are in place but before any concrete is placed or floor sheathing installed, including the subfloor.
C. Protection of joints and penetrations in fire resistive assemblies shall not be concealed from view until inspected and approved.
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D. Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or installed, and prior to framing inspection.
E. Frame inspection. To be made after the roof, framing, fire blocking and bracing are in place and all pipes, chimneys and vents are complete and the rough electrical, plumbing, and heating wires, pipes, and ducts are approved.
F. Lath and/or wallboard inspection. To be made after lathing and wallboard, interior and exterior, is in place but before plaster is applied or before wallboard joints and fasteners are taped and finished.
G. Final inspection. To be made after finish grading and the building is completed and ready for occupancy or use.
SECTION 13. Section 24.03.100 of Chapter 24.03 of Title 24 of the San José Municipal Code is amended to read as follows:
24.03.100 Adoption of Technical Provisions of California Building Code
A. Except as otherwise provided for in this chapter, the California Building Code, 20192022 edition (CBC) is hereby incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.
B. One copy of the CBC has been filed for use and examination of the public in the office of the city clerk of the City of San José.
SECTION 14. Section 24.03.110 of Chapter 24.03 of Title 24 of the San José Municipal Code is amended to read as follows:
24.03.110 Portions of California Building Code Which Are Not Approved, Adopted or Incorporated by Reference
A. The following portions of the California Building Code, 20192022 edition are not approved or adopted or incorporated in this chapter by reference, and shall not be deemed to be a part of this chapter nor a part of the building code of the City of San José:
1. Section 1.8.4
2. Section 1.8.5
3. Section 1.8.7
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4. Section 1.8.8
5. Section 1.8.9
6. Section 2505
SECTION 15. Section 24.03.115 of Chapter 24.03 of Title 24 of the San José Municipal Code is amended to read as follows:
24.03.115 Portions of California Building Code Appendices Are Approved, Adopted, or Incorporated by Reference
A. The following portions of the California Building Code, 20192022 edition, of the appendices are approved, adopted, or incorporated by reference.
1. CBC Appendix C, Agricultural Buildings.
2. CBC Appendix J, Grading.
SECTION 16. Section 24.03.120 of Chapter 24.03 of Title 24 of the San José Municipal Code is amended to read as follows:
24.03.120 Cross-References to California Building Code
The provisions of this chapter contain cross- references to the provisions of the CBC, 20192022 edition, in order to facilitate reference and comparison to those provisions.
SECTION 17. Section 24.03.415 of Chapter 24.03 of Title 24 of the San José Municipal Code is amended to read as follows:
24.03.415 Cross-References to California Fire Code
The provisions of this part contain cross-references to the provisions of the California Fire Code or CFC, 20192022 edition, in order to facilitate reference and comparison to those provisions.
SECTION 18. Section 24.04.100 of Chapter 24.04 of Title 24 of the San José Municipal Code is amended to read as follows:
24.04.100 Adoption of Technical Provisions of California Plumbing Code
A. Except as otherwise provided for in this chapter, the California Plumbing Code, 20192022 edition together with those omissions, amendments, exceptions and NVF:JAC:CLS
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additions thereto as amended in Title 24 of the California Code of Regulations are approved and adopted, and are hereby incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.
B. One copy of the CPC has been filed for use and examination of the public in the office of the city clerk of the City of San José.
SECTION 19. Section 24.04.110 of Chapter 24.04 of Title 24 of the San José Municipal Code is amended to read as follows:
24.04.110 Portions of California Plumbing Code Which Are Not Approved, Adopted or Incorporated by Reference
A. The following portions of the California Plumbing Code or CPC, 20192022 edition are not approved or adopted or incorporated in this chapter by reference, and shall not be deemed to be a part of this chapter nor a part of the plumbing code of the City of San José:
1. Section 1.8.4
2. Section 1.8.5
3. Section 1.8.7
4. Section 1.8.8
5. Section 1.8.9
6. Section 612
SECTION 20. Section 24.04.120 of Chapter 24.04 of Title 24 of the San José Municipal Code is amended to read as follows:
24.04.120 Portions of California Plumbing Code Appendices Are Approved, Adopted, or Incorporated by Reference
A. The following portions of the California Plumbing Code or CPC 20192022 Edition appendices are approved, adopted, or incorporated by reference unless otherwise noted.
1. CPC Appendix A, Recommended Rules for Sizing Water Supply Systems.
2. CPC Appendix B, Notes on Combination Waste and Vent Systems.
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3. CPC Appendix D, Sizing Stormwater Drainage Systems.
4. CPC Appendix H, Private Sewage Disposal Systems.
5. CPC Appendix G, Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances, and Appliances Listed for Use With Type B Vents.
6. CPC Appendix I, Installation Standards for PEX Tubing Systems.
7. 2013 CPC Appendix I, Installation Standards.
8. CPC Appendix M, Peak Water Demand Calculator.
SECTION 21. Section 24.05.100 of Chapter 24.05 of Title 24 of the San José Municipal Code is amended to read as follows:
24.05.100 Adoption of Technical Provisions of California Mechanical Code
A. Except as otherwise provided for in this chapter, the California Mechanical Code, 20192022 edition, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations are approved and adopted, and are hereby incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.
B. One copy of the CMC has been filed for use and examination of the public in the office of the city clerk of the City of San José.
SECTION 22. Section 24.05.110 of Chapter 24.05 of Title 24 of the San José Municipal Code is amended to read as follows:
24.05.110 Portions Of California Mechanical Code Which Are Not Approved, Adopted or Incorporated by Reference
A. The following portions of the California Mechanical Code or CMC, 20192022 edition are not approved or adopted or incorporated in this chapter by reference, and shall not be deemed to be a part of this chapter nor a part of the mechanical code of the City of San José:
1. Section 1.8.4
2. Section 1.8.5
3. Section 1.8.7
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4. Section 1.8.8
5. Section 1.8.9
SECTION 23. Section 24.06.100 of Chapter 24.06 of Title 24 of the San José Municipal Code is amended to read as follows:
24.06.100 Adoption of Technical Provisions of California Electrical Code
A. Except as otherwise provided for in this chapter, the California Electrical Code, 20192022 edition, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations are approved and adopted, and are hereby incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.
B. One copy of the CEC has been filed for use and examination of the public in the office of the city clerk of the City of San José.
SECTION 24. Section 24.06.110 of Chapter 24.06 of Title 24 of the San José Municipal Code is amended to read as follows:
24.06.110 Portions of California Electrical Code Which Are Not Approved, Adopted or Incorporated by Reference
A. The following portions of the California Electrical Code or CEC, 20192022 edition are not approved or adopted or incorporated in this chapter by reference, and shall not be deemed to be a part of this chapter nor a part of the electrical code of the City of San José:
1. Section 89.108.4
2. Section 89.108.5
3. Section 89.108.7
4. Section 89.108.8
5. Section 89.108.9
SECTION 25. Section 24.07.100 of Chapter 24.07 of Title 24 of the San José Municipal Code is amended to read as follows:
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24.07.100 Adoption of Technical Provisions of the California Existing Building Code
A. Except as otherwise provided for in this chapter, the California Existing Building Code 20192022 edition together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations are approved and adopted, and are hereby incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.
B. One copy of the CEBC has been filed for use and examination of the public in the office of the city clerk of the City of San José.
SECTION 26. Section 24.07.110 of Chapter 24.07 of Title 24 of the San José Municipal Code is amended to read as follows:
24.07.110 Portions of California Existing Building Code Which Are Not Approved, Adopted or Incorporated by Reference
A. The following portions of the California Existing Building Code, 20192022 edition, are not approved or adopted or incorporated in this chapter by reference, and shall not be deemed to be a part of this chapter nor a part of the building code of the City of San José:
1. Section 1.8.4
2. Section 1.8.5
3. Section 1.8.7
4. Section 1.8.8
5. Section 1.8.9
6. Chapters 6 through 14
SECTION 27. Section 24.07.120 of Chapter 24.07 of Title 24 of the San José Municipal Code is amended to read as follows:
24.07.120 Portions of the California Existing Building Code Appendices are Approved, Adopted, or Incorporated by Reference
The following portion of the California Existing Building Code 20192022 edition appendices are approved, adopted, or incorporated by reference.
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1. Appendix A, Chapters A1 through A5
SECTION 28. Section 24.09.100 of Chapter 24.09 of Title 24 of the San José Municipal Code is amended to read as follows:
24.09.100 Adoption of Technical Provisions of California Residential Code
A. Except as otherwise provided for in this chapter, the California Residential Code, 20192022 edition together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations are approved and adopted, and are hereby incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.
B. One copy of the CRC has been filed for use and examination of the public in the office of the city clerk of the City of San José.
SECTION 29. Section 24.09.110 of Chapter 24.09 of Title 24 of the San José Municipal Code is amended to read as follows:
24.09.110 Portions of California Residential Code Which Are Not Approved, Adopted or Incorporated by Reference
A. The following portions of the California Residential Code, 20192022 edition, are not approved or adopted or incorporated in this chapter by reference, and shall not be deemed to be a part of this chapter nor a part of the residential code of the City of San José:
1. Section 1.8.4
2. Section 1.8.5
3. Section 1.8.7
4. Section 1.8.8
5. Section 1.8.9
6. Chapter 1, Division II
SECTION 30. Section 24.09.110.5 of Chapter 24.09 of Title 24 of the San José Municipal Code is amended to read as follows:
24.09.110.5 Portions of the California Residential Code Appendices Are Approved, Adopted, or Incorporated by Reference
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A. The following portion of the California Residential Code or CRC 20192022 edition appendices are approved, adopted, or incorporated by reference.
1. Reserved.
2. Appendix HAH; Patio Covers.
3. Appendix KAK; Sound Transmission.
4. Appendix VAX; Swimming Pool Safety Act.
SECTION 31. Section 24.09.330 of Chapter 24.09 of Title 24 of the San José Municipal Code is amended to read as follows:
24.09.330 Wall Bracing (CRC Section R602.10 Table R602.10.3(3))
CRC Section R602.10 Table R602.10.3(3) is amended to read as follows:
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For SI: 1 foot = 304.8 mm, 1 pound per square foot = 47389 Pa.
NP = Not Permitted
a. Linear interpolation shall be permitted.
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b. Wall bracing lengths are based on a soil site class "D." Interpolation of bracing length between the Sds values associated with the seismic design categories shall be permitted when a site specific Sds value is determined in accordance with Section 1613.3 2 of the California Building Code.
c. Where the braced wall line length is greater than 50 feet, braced wall lines shall be permitted to be divided into shorter segments having lengths of 50 feet or less, and the amount of bracing within each segment shall be in accordance with this table.
d. Methods PFG and CS-SFB do not apply in Seismic Design Categories D0, D1 and D2.
e. Methods PFH, PFG and ABW are only permitted on a single story or a first of two stories.
ef. Where more than one bracing method is used, mixing methods shall be accordance with section R602.10.4.1.
fg. One- and two-family dwellings in Seismic Design Category D2 exceeding two stories shall be designed in accordance with accepted engineering practice.
SECTION 32. Section 24.11.100 of Chapter 24.11 of Title 24 of the San José Municipal Code is amended to read as follows:
24.11.100 Adoption of Technical Provisions of the California Historical Building Code
A. Except as otherwise provided for in this chapter, the California Historical Building Code, 20192022 edition, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations are approved and adopted, and are hereby incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.
B. One copy of the CHBC has been filed for use and examination of the public in the office of the city clerk of the City of San José.
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PASSED FOR PUBLICATION of title this _____ day of ___________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk