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HomeMy WebLinkAbout101-Staff Report and Att. 1.pdf 1 SARATOGA CITY COUNCIL MEETING DATE: December 1, 2010 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Brad Lind & Richard Taylor DIRECTOR: John Livingstone ________________________________________________________________________ SUBJECT: Introduction of (1) Ordinance Adopting and Amending 2010 California Building Standards Building, Residential Building, Electrical, Mechanical, Plumbing, Fire, and Green Building Standards Codes with Modifications for Local Conditions, and (2) Resolution regarding the need to modify the California Building Code due to local conditions. RECOMMENDED ACTIONS: (1) Introduce and waive the first reading of the attached ordinance adopting and amending the referenced codes and direct the City Attorney to read the title of the codes to be adopted; (2) Introduce the attached resolution making findings regarding proposed amendments to the referenced codes; (3) Call a public hearing for December 15, 2010 to consider adoption of the attached ordinance and resolution; and (4) Direct staff to publish notice of the proposed ordinance adoption in accordance with the special requirements for adopting codes by reference. REPORT SUMMARY: The attached ordinance and resolution will amend California’s various uniform building codes as needed to reflect conditions in Saratoga. The State periodically updates its building codes and with each update the City updates its own code accordingly. The last update was in 2007. The modifications proposed in the attached ordinance were developed by the Building Official in consultation with other Building Officials in the area. The proposed modifications are consistent with those adopted by other jurisdictions in the area. The proposed modifications to the Fire Code were developed by the Fire Marshal and Fire Chief in consultation with other fire officials in the region. The proposed modifications are consistent with those adopted by the Saratoga Fire Protection District, Santa Clara County, and some other cities in the area. Other cities have adopted variations on the proposed modifications as discussed in the staff report. The City must make findings regarding its modifications to the uniform codes and those findings are included in the resolution that would be adopted concurrently with the code amendments. The law regarding adoption of Uniform Codes requires that a public hearing be held at the time of the second reading instead of introduction. Accordingly, the recommended actions above call for setting a public hearing to be held at the meeting of December 15, 2010. 2 BACKGROUND: The construction of residential, commercial, and various other structures in California is regulated by Title 24 of the California Code of Regulations, also known as the California Building Standards Code (“CBSC”). The CSBC is enforced by local governments through the building permit process. All construction in the State must comply with the CSBC unless the city or county in which the construction occurs has adopted amendments to the CSBC. Amendments are allowed only to address local climatic, geological, or topographical conditions based on specific findings. On January 1, 2011, the 2010 edition of the Building Codes will go into effect in Saratoga and throughout the State. The attached ordinance makes key provisions of the CSBC a part of the Saratoga Code and amends the CSBC as needed to reflect local circumstances in Saratoga. The CBSC is compiled and published by the California Building Standards Commission. The CBSC compiles a number of specific codes. Health and Safety Code section 18938 requires cities to enforce the CBSC Building Code, Plumbing Code, Fire Code, Mechanical Code, and Electrical Code even where the local City Code has not been revised to reflect the requirements of those codes. To avoid confusion, the Saratoga City Code adopts these portions of the CBSC by reference. In addition, the City of Saratoga has traditionally adopted the CBSC Fire Code by reference. (The Building, Residential Building, Plumbing, Mechanical, Electrical, Green Building Standards, and Fire Codes are referred to collectively in this staff report as the “Building Codes.”) A major new feature of the 2010 California Building Standards Code is the new Green Building Standards Code. This is the first time that the CBSC has addressed “green” building requirements. The new Green Building Standards Code, which is found in Part 11 of Title 24 of the California Code of Regulations, establishes mandatory standards for residential and non-residential new construction that address energy efficiency, water efficiency and conservation, material conservation and resource efficiency, and environmental quality and pollution. As with other parts of the CSBC, these requirements apply statewide. In addition to the mandatory measures, the Green Building Standards Code also includes two supplemental “tiers” CALGreen Tier 1 and CALGreen Tier 2. These establish more stringent requirements in all of the above listed areas. These tiers are voluntary, unless a local government chooses to make them as mandatory. In order to adopt either of these tiers, the local government must make express findings and conduct studies demonstrating its reasons for doing so. As the tiers are new and relatively complex and no qualifying studies have been commissioned for Saratoga, the ordinance attached does not make the voluntary tiers mandatory. The attached Ordinance also amends Article 16-72 of the Saratoga City Code. These amendments are intended to: (1) increase the City’s construction and demolition debris recycling requirement to the level required by 2010 CBSC Green Building Standards Code, and (2) streamline enforcement of the provisions of Article 16-72. The Building Official has reviewed the 2010 California Building Standards Code, and recommends that: 1. The City adopt the 2010 California Building, Residential, Plumbing, Mechanical, Green Building Standards, and Electrical codes by reference; 3 2. The City adopt certain appendices to the California Building, Plumbing, and Fire Codes (these take effect only if adopted by the City); 3. The City adopt various modifications to the 2010 California Building Standards Code that are reasonably necessary because of local climatic, geological and topographical conditions; 4. The City delete the “Repair and Reconstruction” Code adopted in 2007, as the 2010 California Building Standards Code provides for damaged structures to be repaired or reconstructed to a structurally safe level, accounting for upgrades in wind and seismic standards in accordance with various federal emergency management standards and recommendations; 5. The City retain the “Excavation and Grading” Code adopted in 2007 based on the grading and excavation provisions of the prior Building Code that are not included in the 2010 Building Code (the 2010 Building Code provides only general direction and is insufficient to ensure public safety given, among other things, the seismic activity and steep slopes susceptible to erosion that characterize the City). The Building Official recommends not adopting Appendix J of the 2010 California Building Code. Instead, the Building Official recommends retaining the provisions of appendix Chapter 33 of the 2001 California Building Code, and the modifications to that appendix adopted by the City in 2007, in the “Excavation and Grading” Code. This would enable the City to retain its current, and more protective, excavation and grading requirements; and 6. The City adopt the 2010 California Fire Code by reference and make amendments to the code recommended by the Fire Chief and Fire Marshal as being reasonably necessary because of local climatic, geological and topographical conditions. 7. The City amend Article 16-72 as outlined in the Ordinance in order to meet the minimum requirements concerning construction and demolition debris in the 2010 CBSC Green Building Standards Code. The attached ordinance (Attachment 3) would implement these recommendations. The attached resolution (Attachment 2) describes the modifications to the Building Codes that are proposed in the ordinance and sets forth reasons why the amendments are reasonably necessary because of local climatic, geological, or topographical conditions. SUMMARY OF ORDINANCE AND RESOLUTION: The attached ordinance amends Chapter 16 (“Building Regulations”) of the Saratoga City Code. Section 1 of the ordinance explains that the State of California has adopted the Building Codes and explains the process, consistent with the State’s statutory requirements, by which the City will adopt and modify the Building Codes. Finally, Section 1 explains why the City intends to retain the “Excavation and Grading” Code but delete the “Repair and Reconstruction” Code. 4 Section 2 of the ordinance adopts and modifies the 2010 editions of the Building Codes. It deletes the “Repair and Reconstruction” Code and specifies the modifications it makes to the 2010 Building Codes. Section 2 also retains the “Excavation and Grading” Code. Finally, Section 2 amends Article 16- 72 relating to construction and demolition debris. Appendix A, attached to the ordinance, reflects all these adoptions and modifications as they will appear in the Saratoga City Code. The specific provisions adopted and modified by the ordinance are summarized below and in more detail in the table presented as Attachment 1 to this Staff Report. 2010 California Building Code-- The 2010 California Building Code and Appendix I are adopted and modified in Article 16-15 of the Saratoga City Code. The modifications made to the 2010 California Building Code in Article 16-15 (“Building Code”) are detailed in Part 1 of Attachment 1. Repair and Reconstruction Code-- The Repair and Reconstruction Code, found in Article 16-16 of the Saratoga City Code, is deleted by this Ordinance. The Repair and Reconstruction Code is no longer necessary, as the 2010 California Building Standards Code adequately provides for damaged structures to be repaired or reconstructed to a structurally safe level, accounting for upgrades in wind and seismic standards. Excavation and Grading Code-- The City’s Excavation and Grading Code is adopted in Article 16-17 of the Saratoga City Code. As noted previously, the provisions of Article 16-17 will be identical to the current provisions of the Saratoga City Code with the a few minor changes. The provisions of the “Excavation and Grading” Code are outlined in Part 2 of Attachment 1. 2010 California Residential Building Code-- The 2010 California Residential Building Code is adopted and modified in Article 16-18 of the Saratoga City Code. The modifications made to the 2010 California Residential Building Code in Article 16-18 (“Residential Building Code”) are detailed in Part 4 of Attachment 1. 2010 California Fire Code-- The 2010 California Fire Code and Appendices B, C, and J are adopted and modified in Article 16-20 of the Saratoga City Code. The modifications made to the 2010 California Fire Code in Article 16-20 (“Fire Code”) are detailed in Part 5 of Attachment 1. 2010 CA Plumbing Code-- The 2010 California Plumbing Code and Appendices A, B, D, I, K and L are adopted in Article 16-25 of the Saratoga City Code. No modifications are proposed to the Plumbing Code or its appendices. 2010 CA Mechanical Code-- The 2010 California Mechanical Code and all its appendices are adopted in Article 16-30 of the Saratoga City Code. No modifications are proposed to the Mechanical Code or its appendices. 2010 CA Electrical Code-- The 2010 California Electrical Code is adopted in Article 16-35 of the Saratoga City Code. The 2010 California Electrical Code replaces former Article 16-35 as the City’s Electrical Code. No modifications are proposed to Electrical Code. 2010 CA Green Building Standards Code-- The 2010 California Green Building Standards Code is adopted in Article 16-49 of the Saratoga City Code. The 2010 California Green Building Standards Code does not replace or preempt the green building requirements that are already a part of the municipal code 5 of Article 16-47, but instead act as additional requirements to those already present in the code. No modifications are proposed to the Green Building Standards Code. SPECIAL NOTICE REQUIREMENTS Because the ordinance would adopt the various codes by reference, section 50022.6 of the Government Code requires that the title of the adopting ordinance, the titles of the codes that are adopted by reference directly by the ordinance, and the titles of the codes that are adopted by reference indirectly by the ordinance must be read during the introduction of the ordinance. (Gov. Code sec. 50022.3.) The titles of the codes that are adopted by reference indirectly by the attached ordinance are as follows: • the 2010 California Building Code (California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, California Building Standards Commission, based upon the 2009 International Building Code as published by the International Code Council); • the 2010 California Residential Building Code (California Code of Regulations, Title 24, Part 2.5, California Building Standards Commission as published by the International Code Council); • the 2010 California Fire Code (California Code of Regulations, Title 24, Part 9, based on the 2009 International Fire Code as published by the International Code Council); • the 2010 California Plumbing Code (California Code of Regulations, Title 24, Part 5, based on the 2009 Uniform Plumbing Code as published by the International Code Council); • the 2010 California Mechanical Code (California Code of Regulations, Title 24, Part 4, based on the 2009 Uniform Mechanical Code as published by the International Code Council); • the 2010 California Electrical Code (California Code of Regulations, Title 24, Part 3, based on the 2008 National Electrical Code as published by the International Code Council); and • the 2010 California Green Building Standards Code (California Code of Regulations, Title 24, Part 11, California Building Standards Commission as published by the International Code Council). The City Council must also schedule a public hearing on the ordinance. Prior to holding the hearing, a notice stating the hearing time and place must be published once a week for two successive weeks in a newspaper of general circulation in or nearest to the City. The notice must state that copies of the codes being considered for adoption are on file with the City Clerk and open to public inspection. ALTERNATIVES The Council could elect not to introduce the ordinance. This would leave the City’s building code inconsistent with State law and inconsistent with the City’s enforcement obligations and would create confusion for persons building in the City of Saratoga. The Council could elect not to adopt the resolution. This would preclude the City from amending the 2010 California Building Standards Code. 6 The City Council may choose not to adopt the 2010 Fire Code. Pursuant to Government Code Section 13869, the City may instead ratify ordinances passed by the Fire Districts (and transmitted to the City) and send a copy of the City’s findings to the Department of Housing and Community Development. This procedure would result in the adoption and modification of the Fire Code by Fire Districts. It will continue to be the responsibility of the Fire Districts to enforce the Fire Code in the City. Regardless of how the 2010 Fire Code is adopted, the City Council may also choose to modify the fire sprinkler provisions in the Fire Code. As proposed, section 903.2 requires an automatic sprinkler system to be installed throughout all existing buildings when modifications are made that increase the gross floor area to more than 3,600 square feet. There is an exception for one-time additions to existing buildings made after January 1, 2010 that do not exceed 1,000 square feet in building area. FISCAL IMPACTS: No significant fiscal impacts. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting. Notice for ordinance adoption will include notices advertising the adopting of the Building Codes in the Saratoga News on December 1 and December 8. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us.. ATTACHMENTS: Attachment 1 – Table summarizing effect of proposed ordinance Attachment 2 – Resolution Attachment 3 – Ordinance 1 ATTACHMENT 1 PART 1: AMENDMENTS TO THE 2010 BUILDING CODE This table summarizes proposed modifications to the 2010 Building Code. The first column shows where in the attached ordinance (which will become the 2010 Saratoga Building Code) the modification is adopted. The second column references the section of the 2010 California Building Code that is modified. The third column explains the modification that is made. Minor changes or changes in organization are not included in the table. Additional explanation of the facts and circumstances requiring the change is included in the Resolution describing the need for the findings; the Resolution is Attachment 2 to this staff report. 2010 Saratoga Building Code Amended Sections of the 2010 CA Building Code Explanation 16-15.010 Not Applicable Adopts the 2010 CA Building Code. 16-15.020 Not Applicable Specifies that all sections of Title 24 are enforceable in the City of Saratoga, as modified by this ordinance. 16-15.025 (a) 107.5 Amends the 2010 CA Building Code section regarding retention of plans. 16.15-030(a) 105.5 Amends the 2010 CA Building Code section regarding expiration of permits. 16.15-040(a) 109.2.1 Adds a new subsection to the 2010 CA Building Code to make it clear the city can prescribe reasonable fees to defray the cost of regulation. Adds provisions for permit, investigation, plan review, and other additional fees. 16.15-045(b) 1505.1.4.1 A new subsection has been added to the 2010 CA Building Code to retain the Saratoga Code’s provisions for roof coverings. 16.15-045(a) 1505.1.3 Amends the 2010 CA Building Code section regarding roof coverings. 16-15.050(a) 707A.8 Amends the 2010 CA Building Code regarding exterior covering. 16-15.055(a) 710A.3.2 Deletes Section 710A.3.2 of the 2010 CA Building 2 Code regarding accessory structures 16-15.055(b) 710A.4 Amends the 2010 CA Building Code regarding accessory structures 16-15.060(a) 1613.8 A new Section 1613.8 is added to modify the stability coefficient equation in evaluating P-delta effects in the 2010 CA Building Code. 16-15.065(a) 1704.4 Amends the type of exceptions from requiring special inspection for isolated spread concrete footings of buildings three stories or less above grade plane. 16-15.070(a) 1908.1.8 Amends Section 1908.1.8 that allows the use of plain concrete in residential structures assigned to seismic design category D, E, or F. 3 PART 2: AMENDMENTS TO THE 2010 RESIDENTIAL BUILDING CODE This table summarizes proposed modifications to the 2010 California Residential Building Code. The first column shows where in the attached ordinance (which will become the 2010 Saratoga Building Code) the modification is adopted. The second column references the section of the 2010 California Residential Building Code that is modified. The third column explains the modification that is made. Minor changes or changes in organization are not included in the table. Additional explanation of the facts and circumstances requiring the change is included in the Resolution describing the need for the findings; the Resolution is Attachment 2 to this staff report. 2010 Saratoga Building Code Amended Sections of the 2010 CA Building Code Explanation 16-18.010 Not Applicable Adopts the 2010 CA Building Code. 16-18.020 Not Applicable Specifies that all sections of Title 24 are enforceable in the City of Saratoga, as modified by this ordinance. 16-18.025(a) R313.1 Amends the 2010 CA Residential Building Codes provisions for townhouse automatic fire sprinkler systems 16-18.025(b) R313.2 Amends the 2010 CA Residential Building Codes provisions for one and two family dwellings automatic fire sprinkler systems 16-18.030(a) R327.7.9 Amends the 2010 CA Residential Building Code regarding the underside of appendages 16-18.030(b) R327.10.3.2 Deletes Section R327.10.3.2 of the Residential Building Code regarding accessory structures 16-18.030(c) R327.10.4 Amends the 2010 CA Residential Building Code regarding accessory structures 16-18.035(a) R403.1.3 Amends the 2010 CA Residential Building Code regarding plain concrete. 16-18.040(a) R602.10.2.1 and Table R602.10.1.2(2) Amends the 2010 CA Residential Building Code regarding Seismic Design Categories D0, D1, and D2 16-18.045(a) R902.1.4.1 A new subsection has been added to the 2010 CA Residential Building Code to retain the Saratoga 4 Code’s provisions for roof coverings. 16-18.045(b) R902.1.3 Amends the 2010 CA Residential Building Code to regarding roof coverings. Part 3: 2010 “EXCAVATION AND GRADING” CODE This table summarizes the new Excavation and Grading Code. The first column shows where in the attached ordinance the modification is adopted. The second column references the section of the former Building Code that forms the basis for the new section or that has been modified. The third column briefly describes how the referenced code section would operate and, where relevant, compares the new code section to comparable provisions in the 2010 Building Code. Because all of the new provisions are based on the Building Code that has been in effect since 2002, none of the requirements will impose new standards on Saratoga projects. 2010 Saratoga Grading Code Amended Sections of Appendix Chapter 33 of the 2001 CA Building Code Explanation 16-17.010 3304 Notes that the purpose of the Excavation and Grading Code is to safeguard life, limb, property and the public welfare. 16-17.020 3305 Notes that this Article sets forth rules and regulations to control excavation, grading and earthwork construction. It also notes the recognized standards from the 2010 CA Building Code on which it is based. 16-17.030 3306 Requires permits for grading work and lists a few exceptions. 16-17.040 3307 Allows the Building Official to require the repair or eliminate hazardous excavations, embankments or fills. 16-17.050 3308 Defines the terms used in this article. 16-17.060 3309 Sets standards and procedures for acquiring grading permits. 16-17.070 3310 Table A-33-A Notes that in general fees will be set in accordance with this section or as set forth in the fee schedule. Sets standards for plan checking, grading permit and special fees. 16-17.080 3311 Requires permittees to post bonds. 16-17.090 3312 Sets general standards for cuts and slopes. 16-17.100 3313 Sets general standards for fills. 16-17.110 3314 Sets general standards for cutbacks. 16-17.120 3315 Sets general standards for drainage and terracing. 16-17.130 3316 Sets general provisions for slopes and other devices to control erosion. 16-17.040 3317 Sets standards and procedures for grading inspections. 16-17.150 3318 Sets standards and procedures for completed work, including final reports and notifications of completion. 16-17.160 Retains provisions in the current Saratoga Code for the construction of driveways. 16-17.170 Retains provisions in the current Saratoga Code for stockpiling. 16-17.180 Retains the general provisions in the current Saratoga Code for, among other things, the hours grading is permitted, dust and dirt control and special precautions that must be taken. PART 4: AMENDMENTS TO 2010 CALIFORNIA FIRE CODE The following is a summary of the major modifications to the 2007 Fire Code proposed by the Fire Chiefs Association based on materials provided by the Association. Section 16-20.015 specifies that all sections of Title 24 are enforceable in the City of Saratoga, as modified by this ordinance. Section 16-20.025 amends Chapter 34 of the Fire Code; Class I and Class II liquids relating to flammable and combustible liquids. Section 16-20.030 amends Chapter 38 of the Fire Code relating to liquefied petroleum gases. Section 16-20.040 amends Chapter 35 of the Fire Code relating to Cryogenic Fluids. Section 16-20.050 amends Chapter 1, Division II of the Fire Code, in particular relating to administration, fees, permits, inspections, and penalties. Section 16-20.060 amends Chapter 3 of the Fire Code relating to general precautions against fire. Section 16-20.070 amends Chapter 4 of the Fire Code relating to emergency planning and preparedness. Section 16-20.080 amends Chapter 5 of the Fire Code relating to fire service features. Section 16-20.090 amends Chapter 6 of the Fire Code relating to building services and systems. Section 16-20.100 amends Chapter 8 of the Fire Code relating to interior finish, decorative materials and furnishings. Section 16-20.110 amends Chapter 9 of the Fire Code relating to fire protection systems. Section 16-20.120 amends Chapter 14 of the Fire Code relating to fire safety during construction and demolition. Section 16-20.130 amends Chapter 18 of the Fire Code relating to semiconductor fabrication facilities. Section 16-20.140 amends Chapter 19 of the Fire Code relating to lumber yards and wood working facilities. Section 16-20.150 amends Chapter 27 of the Fire Code relating to hazardous materials. Section 16-20.160 amends Chapter 33 of the Fire Code relating to explosives and fireworks. Section 16-20.170 amends Chapter 34 of the Fire Code relating to flammable and combustible liquids. Section 16-20.180 amends Appendix Chapter 49 of the Fire Code relating to requirements for wildland-urban interface fire areas.