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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, 2010to 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 buildingcodes as
needed to reflect conditions in Saratoga. The State periodically updates its buildingcodesand with each
update the City updates its own code accordingly. The last update was in 2007. The modifications
proposed inthe 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.
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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 CBSCis compiled and published by the California Building Standards Commission. The
CBSCcompiles 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 therequirements 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) streamlineenforcement of the
provisions of Article 16-72.
The Building Official has reviewed the 2010California Building Standards Code, and
recommends that:
1.The City adopt the 2010California Building,Residential,Plumbing, Mechanical,
Green Building Standards,and Electrical codes by reference;
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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 2010California Building Standards
Code that are reasonably necessary because of local climatic, geological and
topographical conditions;
4.The City deletethe “Repair and Reconstruction” Codeadopted in 2007, as the
2010 California Building Standards Code providesfor 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 2010Building 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 notadopting 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 2010California Fire Code by reference and make amendments
to the code recommended by the Fire Chief and Fire Marshalas 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 retainthe “Excavation and
Grading” Code but delete the “Repair and Reconstruction” Code.
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Section 2 of the ordinance adopts and modifies the 2010editions of the Building Codes. It deletes
the “Repair and Reconstruction” Code and specifies the modifications it makes to the 2010Building
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.
2010California Building Code--The 2010 California Building Code and Appendix I areadopted and
modified in Article16-15 of the Saratoga City Code. The modifications made to the 2010California
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 Article16-17 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 Article16-18 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.
2010California Fire Code--The 2010 California Fire Code and AppendicesB,C, and Jare adopted and
modified in Article16-20 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.
2010CA Plumbing Code--The 2010 California Plumbing Code and Appendices A, B, D, I, K and L are
adopted in Article16-25 of the Saratoga City Code. Nomodifications are proposed to the Plumbing Code
or its appendices.
2010CA Mechanical Code--The2010California Mechanical Code and all its appendices are adopted in
Article16-30 of the Saratoga City Code. No modifications are proposed to the Mechanical Code or its
appendices.
2010CA Electrical Code--The 2010California Electrical Code is adopted in Article16-35 of the Saratoga
City Code. The 2010California Electrical Code replaces former Article 16-35 as the City’s Electrical
Code. No modifications are proposed to Electrical Code.
2010 CA Green Building StandardsCode--The 2010 California Green Building StandardsCode is
adopted in Article16-49of 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
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of Article 16-47, but instead act as additional requirementsto 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 2010California 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 StandardsCommission as published by the International Code Council);
the 2010California 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 2010California 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 2010California 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, anotice 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 theCity’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 precludethe City from amending
the 2010California Building Standards Code.
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The City Council may choose not to adopt the 2010Fire 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.
Regardlessof how the 2010Fire 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 tomore 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 buildingarea.
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 ofthe agenda packet is also made available at the Saratoga
Branch Library each Monday in advanceof the Council meeting and residents may subscribe to the agenda
on-line by opting in atwww.saratoga.ca.us..
ATTACHMENTS:
Attachment 1 –Table summarizing effect of proposed ordinance
Attachment 2 –Resolution
Attachment 3 –Ordinance
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ATTACHMENT 1
PART 1: AMENDMENTS TO THE 2010BUILDING CODE
This table summarizes proposed modifications to the 2010Building Code. The first
column shows where in the attached ordinance (which will become the 2010Saratoga
Building Code) the modification is adopted. The second column references the section of
the 2010California 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.
2010Saratoga
Building Code
Amended
Sections of
the 2010CA
Building
Code
Explanation
16-15.010Not
Applicable
Adopts the 2010CA Building Code.
16-15.020Not
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)105.5Amends the 2010 CA Building Code section
regarding expiration of permits.
16.15-040(a)109.2.1Addsa 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)1505.1.4.1A 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)1505.1.3Amends 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
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Code regarding accessory structures
16-15.055(b)710A.4Amends the 2010 CA Building Code regarding
accessory structures
16-15.060(a)1613.8A 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)1704.4Amends the type of exceptions from requiring
special inspection for isolated spread concrete
footings of buildingsthree stories or less above
grade plane.
16-15.070(a)1908.1.8Amends Section 1908.1.8 that allows the use of
plain concrete in residential structures assigned to
seismic design category D, E, or F.
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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.
2010Saratoga
Building Code
Amended
Sections of
the 2010CA
Building
Code
Explanation
16-18.010Not
Applicable
Adopts the 2010CA Building Code.
16-18.020Not
Applicable
Specifies that all sections of Title 24 are enforceable
in the City of Saratoga, as modified by this
ordinance.
16-18.025(a)R313.1Amends the 2010 CA Residential Building Codes
provisions for townhouse automatic fire sprinkler
systems
16-18.025(b)R313.2Amends 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)R327.10.3.2Deletes 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)R403.1.3Amends 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
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Code’s provisions for roof coverings.
16-18.045(b)R902.1.3 Amends the 2010 CA Residential Building Code to
regarding roof coverings.
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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 thirdcolumn briefly describes how the referenced
code section would operate and, where relevant, compares the new code section to
comparable provisions in the 2010Building 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
16-17.0103304Notes that the purpose of the Excavation and
Grading Code is to safeguard life, limb, property
and the public welfare.
16-17.0203305Notes that this Article sets forth rules and
regulations to control excavation, grading and
earthwork construction. It also notes the
recognized standards from the 2010CA Building
Code on which it is based.
16-17.0303306 Requires permits for grading work and lists a
few exceptions.
16-17.0403307 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.
16-17.0603309 Sets standards and procedures for acquiring
grading permits.
16-17.0703310
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
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devices to control erosion.
16-17.0403317Sets standards and procedures for grading
inspections.
16-17.1503318Sets 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.
16-17.180Retains the general provisions in the current
Saratoga Code for, among other things, the hours
gradingis permitted, dust and dirt control and
special precautions that must be taken.
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PART 4: AMENDMENTS TO 2010CALIFORNIA 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
liquidsrelating to flammable and combustible liquids.
Section 16-20.030 amendsChapter 38 of the Fire Coderelating to liquefied
petroleum gases.
Section 16-20.040amends Chapter 35 of the Fire Coderelating toCryogenic
Fluids.
Section 16-20.050amendsChapter 1, Division II of the Fire Code, in particular
relating to administration, fees, permits, inspections, and penalties.
Section 16-20.060amendsChapter 3 of the Fire Coderelating to general
precautions against fire.
Section 16-20.070amendsChapter4 of the Fire Coderelating toemergency
planning and preparedness.
Section 16-20.080amendsChapter 5 of the Fire Coderelating to fireservice
features.
Section 16-20.090amendsChapter 6 of the Fire Coderelating tobuildingservices
andsystems.
Section16-20.100amends Chapter 8 of the Fire Coderelating to interiorfinish,
decorative materials and furnishings.
Section 16-20.110amendsChapter 9 of the Fire Coderelating to fireprotection
systems.
Section 16-20.120amendsChapter 14 of the Fire Coderelating to firesafety
duringconstruction and demolition.
Section 16-20.130amendsChapter 18 of the Fire Code relating to semiconductor
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fabrication facilities.
Section16-20.140amendsChapter 19 of the Fire Coderelating tolumber yards
and wood working facilities.
Section16-20.150amendsChapter 27 of the Fire Coderelating tohazardous
materials.
Section16-20.160amendsChapter 33 of the Fire Coderelating toexplosives and
fireworks.
Section16-20.170amendsChapter 34 of the Fire Coderelating to flammable and
combustible liquids.
Section16-20.180amendsAppendix Chapter 49 of the Fire Coderelating to
requirements forwildland-urbaninterface fireareas.
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