Agenda Item #15.1
For Council Meeting of: November 1, 2022
CITY OF SANTA ROSA
CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: JESSE OSWALD, CHIEF BUILDING OFFICIAL
PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT
MIKE JOHNSON, ASSISTANT FIRE MARSHAL
FIRE DEPARTMENT
SUBJECT: CODE ADOPTION AND AMENDMENTS TO THE CALIFORNIA BUILDING AND FIRE CODES, TITLE 18 OF THE SANTA ROSA CITY CODE AGENDA ACTION: RESOLUTION AND INTRODUCTION OF TWO ORDINANCES
RECOMMENDATION
It is recommended by the Fire Department and the Planning and Economic Development Department that the Council: 1) introduce an ordinance adopting by reference the 2022 edition of the California Fire Code as adopted and amended by the State of California, and further amended based on local conditions, for use in Chapter 18-44 of the Santa Rosa City Code, repeal existing sections not applicable to new codes and modify the Santa Rosa City Code to reflect the new model code; 2) introduce an ordinance adopting by reference, with local amendments, the 2022 California Administrative Code, 2022 California Building Code, 2022 California Residential Code, 2022 California Green Building Standards Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Energy Code, 2022 California Historical Building Code, 2022 California Existing Building Code, 2022 California Referenced Standards Code, 2021 International Property Maintenance Code, and the National Pollutant Discharge Elimination Permit and Waste Discharge Requirements; and 3) adopt a resolution setting a public hearing on November 15, 2022, for adoption of the ordinances.
EXECUTIVE SUMMARY
Every three years the State of California updates the California Code of Regulations, Title 24 (CCR-T24) including its twelve-component building and safety codes (collectively, the California Building Standards Code). Through the State code adoption cycle, the State of California adopts and publishes amendments to national model codes and updates codes specific to California. Such model codes with State amendments and California specific codes go into effect in every city and county in the State of California 180 days after publication. The new California Building Standards (CCR-T24) was published on July 1, 2022 and will take effect on January 1, 2023.
Similarly, every three years the International Code Council updates the International Property Maintenance Code with the most recent update occurring in 2021. Adoption of the International Property Maintenance Code is at the discretion of the local agency. In addition, the California Regional Water Quality Control Board North Coast Region recently issued the National Pollutant Discharge Elimination (NPDES) Permit and Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer Systems, NPDES No. CA0025054, which staff will be recommending be incorporated into the Santa Rosa City Code by reference.
The model State codes will go into effect in all California cities and counties effective January 1, 2023. The Health and Safety Code allows local jurisdictions to change or modify the State adopted model codes based on local geologic, climatic, or topographic conditions. The Fire Department is requesting adoption of the 2022 California Fire Code with local amendments and administrative changes. The Planning and Economic Development Department is requesting adoption of the 2022 California Building Standards Code as well as the updated 2021 International Property Maintenance Code, with certain local amendments and administrative changes.
Adoption of these ordinances supports City Council’s goal of ensuring a healthy and safe community for all by providing a regulatory platform amended to meet the unique challenges of Santa Rosa.
Government Code section 50022.3 identifies the procedure for the adoption of codes by reference that established the requirement for first reading of the ordinance title and establishment of the public hearing date.
BACKGROUND
The State of California has adopted and published the 2022 update to the California Building Standards Code, including twelve elements:
California Administrative Code
California Building Code
California Residential Code
California Green Building Standards Code
California Electrical Code
California Mechanical Code
California Plumbing Code
California Historical Building Code
California Existing Building Code
California Energy Code
California Referenced Standards Code
California Fire Code
The model State codes will go into effect in all California cities and counties effective January 1, 2023. The Health and Safety Code allows local jurisdictions to change or modify the State adopted model codes based on local geologic, climatic, or topographic conditions. The Fire Department is requesting adoption of the 2022 California Fire Code with local amendments and administrative changes. The Planning and Economic Development Department is requesting adoption of the 2022 California Building Standards Code as well as the updated 2021 International Property Maintenance Code, with certain local amendments and administrative changes.
Fire Code Update
A committee of Fire Prevention Officers from across Sonoma County was formed in February 2022 by the Sonoma County Fire Chiefs Association Fire Prevention Officers Section to evaluate the various Fire Code Ordinances throughout Sonoma County. The goals of this committee were to evaluate, update, edit and create more consistency between the various ordinances within Sonoma County. The document presented for review is a consensus document that was the result of this committee’s work that achieves the highest level of consistency and community protection.
This ordinance has been slightly reformatted to match that of the model code adopted by the State to create a seamless and transparent format for reference and enforcement of the code. The proposed Fire Code ordinance has been extensively peer reviewed for content, accuracy, and necessity by numerous cities, county, regional, and state fire, building and industry organizations and agencies. The contents of this ordinance that cross over into other building standard codes have been incorporated into those ordinances for consistency amongst the codes enforced within the City of Santa Rosa and throughout Sonoma County. Due to the extensive network of peer reviewers, many portions of this ordinance are being used in ordinances throughout North Bay Communities, the Greater Bay Area and various locations throughout the State of California.
The more significant amendments include, but are not limited to, the following:
Re-inserts amendments and administrative changes previously established in the Santa Rosa City Code, but that now have revised code section numbers; Reduces and eliminates previous local amendments that are no longer necessary due to their inclusion into the model code and/or that create a conflict with model code language; Includes new permits for vegetation management and fire protection plans.
Revises existing definitions for more standardized language throughout the codes.
Inclusion of nationally recognized regulations for marijuana growing, processing, or extraction facilities.
Inclusion of new appendix chapter for indoor trade shows and exhibitions.
Ignition free zone around structures in the Wildlands-Urban Interface (WUI) areas.
Multiple access point triggers for new developments
Building Code Update
The Redwood Empire Chapter of Code Officials (REACO) has prioritized the effort to collaborate and review common goals in establishing local amendments that reflect common concerns germane to local conditions within the North Bay areas including Sonoma, Marin, Napa, and Mendocino Counties. The goals of this group were to evaluate, update, edit and create more consistency between the various local amendments within the North Bay area.
The more significant amendments include, but are not limited to, the following:
Re-inserts amendments and administrative changes previously established in the Santa Rosa City Code, but that now have revised code section numbers; Adoption of amendments to the California Green Building Standards Code to maintain All-Electric-Only requirement for Low-rise residential new construction.
Readoption of requirements for additions and alterations to meet minimum WUI construction requirements; Readoption of Appendices for Emergency Housing in the California Building Code and the California Residential Code; Readoption of Appendix for minimum requirements for Tiny Houses; Reformatted language and additional tools for use in the City’s seismic retrofit of existing buildings program originally enacted in 1973
PRIOR CITY COUNCIL REVIEW
Not applicable.
ANALYSIS
In January 2022, the State of California Building Standards Commission adopted updated building and safety codes with amendments and published them as California codes. The Codes are compiled in the California Code of Regulations, Title 24, and are known collectively as the California Building Standards Code.
The new California Code of Regulations, Title 24, was published in July 2022. The codes adopted by the Building Standards Commission go into effect 180 days after publication by the State and must be enforced by each City and County.
Staff participated in the Sonoma County Fire Prevention Officer’s Fire Code Committee to create a consensus document to be utilized county-wide by cities, fire districts and the County in an effort to ensure uniformity in requirements.
Local jurisdictions may amend the State building standards only upon an express finding that such amendments are reasonably necessary because of local topographic, geologic, or climatic conditions. In general, amendments may not be less restrictive than the State standards.
In 2021, International Code Council published the triennial update of the International Property Maintenance Code and made it available for local adoption. Staff has reviewed the new codes adopted by the State of California and the new International Property Maintenance Code and has prepared the ordinance for adoption of these codes into the Santa Rosa City Code with appropriate amendments to address local conditions.
The California Regional Water Quality Control Board North Coast Region issued the National Pollutant Discharge Elimination (NPDES) Permit and Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer Systems, NPDES No. CA0025054. To ensure enforceability of the provisions of that Permit to all development within the City, staff recommends that the Permit be incorporated into the Santa Rosa City Code by reference.
Government Code Section 50022.3 requires that a resolution be adopted to establish a public hearing to consider adoption of the ordinances associated with the Code updates. This public hearing is planned for November 15, 2022, subject to Council adoption of the resolution.
FISCAL IMPACT
Approval of this action does not have a fiscal impact on the General Fund.
ENVIRONMENTAL IMPACT
The proposed Ordinances are exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3) in that there is no possibility that the activities in question may have a significant effect on the environment. The Ordinances are also exempt from CEQA pursuant to CEQA Guidelines Sections 15307 and 15308 in that the standards set forth in the Ordinances assure the maintenance, restoration, enhancement or protection of natural resources and the environment.
BOARD/COMMISSION/COMMITTEE REVIEW AND RECOMMENDATIONS
Not applicable.
NOTIFICATION
This was publicly noticed on October 25, 2022 and November 15, 2022.
ATTACHMENTS
Resolution
Ordinance 1 – Fire Code Ordinance
Ordinance 2 – Building Code Ordinance
CONTACT
Jesse Oswald, Chief Building Official; [email protected]; (707) 543-3249 Mike Johnson, Assistant Fire Marshal; [email protected]; (707) 543-3541 CODE ADOPTION AND AMENDMENTS TO THE CALIFORNIA BUILDING AND FIRE CODES, TITLE 18 OF THE SANTA ROSA CITY CODE PAGE 3 OF 3