Document elcerrito_gov_doc_d605532404

AGENDA BILL Agenda Item No. 7(B) Date: October 15, 2013 To: El Cerrito City Council From: Fred Cullum, Building Official Michael Bond, Fire Marshal Margaret Kavanaugh Development Services Manager Subject: Adoption, with local modifications, of the 2013 California Building Standards Code, including Green Building Code, Building Code, Fire Code, and related Construction Codes. ACTION REQUESTED Staff requests that the City Council take the following actions this evening: 1. Adopt a Resolution which makes findings justifying changes or modifications due to local climatic, geologic and topographic conditions in the 2013 California Building Standards Code, which includes the California Green Code, Building Code, Fire Code, Residential Code and related Construction Codes; and 2. Introduce by title, and approve first reading of an Ordinance which adopts the 2013 California Green Code, Administrative, Building, Fire, Plumbing, Mechanical, Electrical, Energy, Residential Code and related Construction Codes as applicable to all construction within the City of El Cerrito, with local modifications as outlined in the Ordinance. BACKGROUND/ ANALYSIS The 2013 California Building Standards Codes (CBSC), which includes the Fire Code, becomes effective in California cities on January 1, 2014. Typically every three years, the California Building Standards Commission reviews and revises the California Building, Fire, Plumbing, Mechanical, Residential and Electrical Codes. The California Health and Safety Code requires local agencies to adopt the building standards contained in these uniform statewide codes, but allows cities to modify the codes to reflect local conditions. El Cerrito adopted its current codes, incorporating and modifying the 2010 California Building Standards Code, including the Fire Code, in November 2010. A city may establish more restrictive standards in their Building Codes because of local climatic, geological, or topographical conditions. For example, based on the location of El Cerrito in the Very High Fire Hazard Severity Zone and existing climate conditions in the City, Sections 16.02.120 and 16.02.125 are amended to provide that every apartment house and hotel have an approved fire alarm system which conforms to the requirements ---PAGE BREAK--- Agenda Item No. 7(B) Page 2 of the California Fire Code. This requirement is added to the City’s Building Code in response to the high threat of fire confronting the City. The presence of an approved fire alarm system in high occupancy structures could save lives in the event of a fire. Other conditions considered include El Cerrito’s close proximity to the Hayward Fault Line, creating higher structural stresses and risk of building failure during an earthquake, as well as El Cerrito’s steep hillside topography that can allow our limited natural waterways to be inundated during severe winter storms, causing flooding in the lower city elevations. The local modifications proposed for El Cerrito are outlined in the attached resolution, and include the following local environmental conditions: 1. Climatic Conditions a. Precipitation and Relative Humidity b. Temperature c. Winds 2. Geologic Conditions a. Seismic 3. Topographic a. Soils b. Vegetation c. Surface Features d. Buildings and Landscaping The attached ordinance adopting the 2013 CBSC represents a continuation of existing City practice with regard to local modifications. There are no substantial changes from the Codes previously codified in Title 16 of the El Cerrito Municipal Code in November 2010. The proposed ordinance as written revalidates and readopts the City’s current local amendments, and includes minor new modifications due to local climatic, geologic and topographic conditions. There are, however, considerable changes to the reference numbering in the new California Codes, and the proposed ordinance reflects these new reference numbers in order to ensure that the Municipal Code continues to relate accurately to the California Building Standards Code. Other construction-related California Codes are not included in this ordinance as we are not amending them, and they are automatically adopted and enforced as published by the State on January 1, 2014. LEGAL CONSIDERATIONS State law requires that the local agency adopt findings for any local modifications to the building standards contained in the CBSC. These findings are included in the attached resolution. The City of El Cerrito is following the general process for adopting another code by reference, which includes a public hearing after the first reading and introduction of the ---PAGE BREAK--- ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 1 Page 1 of 12 RESOLUTION NO. 2013-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO APPROVING FINDINGS TO SUPPORT LOCAL MODIFICATIONS TO THE STANDARDS CONTAINED IN THE 2013 CALIFORNIA BUILDING STANDARDS CODE, ENACTED AS PART OF ORDINANCE NO. 201X-XX; AND DIRECTING THE CITY CLERK TO SCHEDULE A HEARING AND PUBLISH A NOTICE OF THE ADOPTION OF THE 2013 CALIFORNIA BUILDING STANDARDS CODE IN ACCORDANCE WITH STATE LAW WHEREAS, Section 17922 of the California Health and Safety Code requires that local agencies adopt Title 24, which is including but not limited to the building standards contained in the California Building Code, the California Fire Code, the California Plumbing Code, the California Mechanical Code, and the California Electrical Code, as such codes are approved by the State Building Standards Commission (collectively, the “California Building Standards Code”); and WHEREAS, Section 17958.5 of the California Health and Safety Code allows local agencies to enact modifications to those building standards provided that such modifications are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, Section 17958.7 of the California Health and Safety Code further provides that a local agency which enacts modifications to those building standards must adopt findings which tie those modifications to such local climatic, geological or topographical conditions; and WHEREAS, the El Cerrito City Council has considered whether certain modifications to the building standards contained in the California Building Standards Code are necessary in El Cerrito due to local climatic, geological, or topographical conditions. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito does hereby adopt the following findings in conformance with its obligations under Section 17958.7 of the California Health and Safety Code: I. The City of El Cerrito is subject to the following climatic, geological and topographical conditions: A. Climatic Conditions General Conditions The seasonal climatic conditions during late summer, fall and early winter create serious difficulties regarding the control of and protection against fires in El Cerrito. The hot, dry weather typical of this area in the summer and fall, and the extreme dryness of fuel stands in the early winter, coupled with wind, temperature and precipitation conditions outlined below frequently cause fire events which threaten the City. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 1 Page 2 of 12 1. Precipitation and Relative Humidity Conditions Precipitation ranges from 15 to 24 inches per year with an average of 18 inches per year. Ninety-five percent of all rainfall occurs during the seven months of October through April and only five percent occurs from May through September. The dry season is considered to last at least six months in this area, where typically 0.8 percent of the annual rainfall occurs in any given month during this period. In addition, the Northern California area is subject to recurrent periods of drought lasting for several years. Relative humidity remains in the middle range most of the year with 45 to 65 percent occurring during the spring, summer and fall, and a wider range of 60 to 90 percent in the winter. Occasionally, the relative humidity falls as low as 12 percent during temporary changes in climate and wind direction. Such low humidity periods can occur any time of year. Coastal fog, on the other hand, can raise humidity especially during night hours. Impact During the dry season generally and during occasional periods of low humidity, burning conditions are worse than normal. Such weather conditions cause extreme dryness in combustible material including untreated wood shakes and shingles on buildings, wood siding, and combustible building materials. Non-irrigated grass, brush, and weeds, which are often near buildings, are also subject to extreme drying. Extremely dry, combustible materials are vulnerable to rapidly spreading exterior fires which can quickly transfer to other buildings by means of radiation or flying brands, sparks, or embers. Under such conditions, a small fire can rapidly grow in magnitude beyond the capabilities of the fire department to control. Such fires produce excessive fire loss that has a negative impact on the quality of life in the community. 2. Temperature Conditions Temperatures have been recorded as high as 106° F. Seasonal highs over 90° can be sustained for several days in a row. Impact High temperatures cause rapid fatigue and heat exhaustion of firefighters, reducing their effectiveness and ability to control large building and wildland fires. High temperatures will preheat combustible building materials and non-irrigated weeds, grass and brush causing their materials to ignite readily and burn more rapidly and intensely. In addition, a series of local ridges and valleys produce differences in solar heating of fuels which increase the probability of erratic fire behavior, including area-wide ignition and "blow-up" conditions. Higher air and fuel temperatures increase the rate of fire spread and reduce the effectiveness of ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 1 Page 3 of 12 water applied to extinguish fires. Additional fire department resources and water will be required for timely and effective suppression of fires. Temperature has a direct relationship to the intensity and size of fires. 3. Winds Conditions Prevailing winds in the area occur from the west or southwest. Off shore winds from the northeast and east, known locally as Diablo winds, frequently occur during the summer and fall and are prevalent during periods of hot, dry weather. Virtually any time during the year a climatic pattern of strong, steady, dry winds can occur for several days in succession, creating extremely dry conditions. Hillside elevation differences are ideal for the creation of localized up slope or down slope winds, which follow ridgelines or canyon valleys. Because of these topographic variables, winds can be experienced from virtually every direction depending on location and surrounding climatic conditions. Wind velocities range generally from 15 to 25 mph, with typical gusting to 35 mph. Severe storm gusts have been recorded as high as 80 mph. Westerly afternoon winds are common. Forty mph winds are experienced occasionally during extreme fire weather conditions. In rare circumstances, both on shore and off shore breezes up to 55 mph have been registered locally during non-storm conditions. Impact Local winds can cause water intrusion and structural deterioration to building components, this deterioration may facilitate a premature structural building collapse. These local winds cause interior and exterior fires to burn intensely and spread rapidly. Wind driven fires involving non-irrigated weeds, grass and brush can grow to a magnitude and intensity beyond the capabilities of the fire department to control. Even relatively moderate winds can cause extreme and erratic fire behavior. Prevailing winds generally align with local topographical features creating ideal avenues for uphill fire spread. Wind driven fires can move uphill or downhill with great speed. When wind driven fires are not controlled they can spread from property to property and threaten the entire community. Summary The local climatic conditions created by precipitation patterns, temperature and wind conditions combine to affect the rate of acceleration, intensity, and magnitude of fire in the community. Periods with little or no rainfall, low humidity and high temperatures create extreme fire hazard conditions. Temperature extremes can create intense and erratic fire behavior. Local winds can have a tremendous impact on fire intensity, growth, and spread. Winds can carry sparks and burning brands to other areas up to one-mile away thus spreading fire and causing conflagrations. In building fires and fires at the bottom of canyons, winds can literally create a "blow torch" effect, which concentrates heat and resists control efforts. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 1 Page 4 of 12 B. Geologic Conditions General Conditions The geologic features of the local area create conditions that leave the area vulnerable to local flooding, earthquakes, land sliding, restricted access and conflagration. These events create serious difficulty regarding the control of and protection against fires in El Cerrito. Local flooding conditions can impede the ability of the fire department to aid or assist in fire control, evacuations, rescues and other emergency tasks. Among the potential effects of earthquake activity are isolation of neighborhoods or the entire community, loss of water sources and conflagration. Seismic events and landslides may isolate El Cerrito from surrounding communities and restrict or eliminate internal circulation by rendering surface travel difficult or impossible. Topographic features present multiple problems in the delivery of emergency services including fire protection. 1. Seismic Conditions El Cerrito is located in a High Risk Seismic Zone, the worst risk rating in the United States. Buildings and other structures in High Risk Zones can experience major damage as the result of a seismic event. Contra Costa County is in close proximity to the San Andreas Fault and contains all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, Rogers and other lesser faults. The Hayward and Calaveras faults have been identified as likely sites for a major seismic event in the 7 + Richter scale range within the next 25 years. Minor seismic events have been localized in the El Cerrito-Berkeley area. Much of the transportation infrastructure is built upon soils classified as subject to liquefaction or landslide. San Pablo Avenue, a major north-south route through the city, is subject to liquefaction. Arlington Blvd., the other main north-south route, is subject to damage from landslide. Potrero, Moeser and Stockton Avenues, primary east-west routes, are all subject to damage from landslide. Damage to these roadbeds would have a significant, negative impact on response times. Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission facilities which in turn, cause power failures while at the same time starting fires throughout the city. The simultaneous occurrence of multiple fires will quickly disperse available fire department resources, thereby reducing and delaying an emergency response to any additional fires. An electrical power outage would incapacitate elevators, building smoke management systems, lighting systems, alarm systems and other electrical equipment. Since these are urgently needed to assist evacuation and fire control in large buildings there is increased expectation of life loss and major fire losses in such larger buildings. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 1 Page 5 of 12 A seismic event powerful enough to damage roadways would also damage other utility systems such as water mains, natural gas pipelines and telephone lines. The East Bay Municipal Utilities District anticipates seismic disruption of water service. Damage to these systems would have a negative impact on the service delivery capabilities of local emergency services. Impact The above listed local geologic conditions increase accessibility problems and fire hazards in the City of El Cerrito. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Hazardous materials, particularly toxic gases, could pose the greatest threat to a larger number of citizens should a leak occur during a significant seismic event. Public safety resources would have to be prioritized to meet the greatest threat and may be unavailable for smaller structure fires in dwellings or other structures. Smaller fires may grow to conflagration proportions. Other factors can intensify the situation: 1) The extent of damage to the water system; 2) The extent of isolation due to bridge or freeway overpass collapse; 3) The extent of roadway damage or amount of debris blocking the roadway; 4) Climatic conditions (hot, dry weather with high winds); 5) Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; 6) The availability of timely mutual aid or military assistance; 7) Dwellings with wood shingle roof coverings could burn and result in conflagrations. Summary The local geologic conditions leave the city vulnerable to emergency conditions created by local flooding, earthquakes, landslide, and conflagration. Local flooding from the drainages and slopes of the East Bay Hills could result in conditions rendering the roads impassible. Earthquakes can occur at anytime. Earthquakes can isolate the community or significant portions of the community, cause loss of water sources used to provide fire protection and cause injury or rescue situations, which could then overtax the available resources to respond to new fires. Land movement can impair, restrict or deny emergency access to significant portions of the city. Geologic features and conditions can make firefighting strategy and tactics difficult at best. When coupled with prevailing climatic and topographic conditions, the City is at risk to conflagration at any time and is extremely vulnerable during or after a triggering event such as earthquake, floods, landslide or fire. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 1 Page 6 of 12 C. Topographic General Conditions The topographic features of the city increase the difficulty of fighting fires. Steep hillsides, ridges and deep, well-defined canyons are subject to fires that, in those areas, are easily influenced by wind and weather. Steep canyons are subject to rapid-fire spread, spot fires and area ignition. Fire growth controlled by topographic features (topography-driven fires) is subject to erratic fire behavior including blowups, fire whirls, and sudden changes in fire front direction. On the other hand, certain topographic features such as moist or sparse vegetation conditions, surface features, and man-made improvements such as roads have a dampening influence on erratic fire behavior. 1. Soils Conditions The area is replete with various soils, which are unstable: clay loam, unconsolidated fills, and alluvial fans are predominant. These soil conditions are moderately to severely prone to swelling and shrinking, and are plastic and tend to liquefy. Large hillside portions of the city are subject to landslide, slumping and collapse. Impact Throughout El Cerrito the topography and the pattern of growth and development have created a network of aging, narrow roads which limit access to some neighborhoods even in the best conditions. These roads are subject to damage and closure from mud and rock slides caused by earthquakes, storms or erosion. Unstable soils can slip causing trees, power poles and lines, or other obstructions to close roadways. Any significant seismic or weather event can close roadways isolating residential subdivisions. 2. Vegetation Conditions Highly combustible dry grass, weeds and brush are common six to eight months of each year in the hilly and open space areas adjacent to built-up locations. Many of these areas have experienced wildland fires, which have threatened nearby buildings; particularly those with wood roofs or siding. The City Council has designated areas of the city as Very High Fire Hazard Severity Zones and has adopted vegetation management standards for these areas. Many residential areas border parklands, which contain vegetation fire hazards. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 1 Page 7 of 12 Impact Combustible dry grass, weeds and brush contribute to a recognized conflagration hazard. City programs like the vegetation management program, the Hillside Natural Area Fire Hazard Reduction Program and strict fire code enforcement have reduced but not eliminated the threat of conflagration due to rapid fire spread in vegetation stands. Should active fire become established in vegetation stands, this growing fire could rapidly overcome fire department control efforts. 3. Surface Features Conditions The arrangement and location of natural and man-made surface features, including hills, valleys, creeks, roadways, housing density, commercial areas, and fire stations combine to limit feasible emergency response routes to certain areas. Impact The arrangement and location of natural surface features produce an area very similar to those conditions found in the Oakland-Berkeley hills prior to their conflagration of October 1991. Surface features can easily produce fires of great magnitude or with erratic fire behavior that could threaten the entire community. 4. Buildings and Landscaping Conditions Many commercial buildings and apartment complexes have building and landscape features, which preclude or greatly limit the operational access of fire department vehicles. There are many concentrations of houses and other buildings with untreated wood shake or shingle roofs or siding in the City which are within 10 feet of each other. There are many such buildings to which access to all but one side is virtually impossible due to landscaping, fences, electrical transmission lines, slopes or other buildings. Impact When Fire Department vehicles cannot gain access to buildings on fire, there is a high potential for complete loss. Difficult access to a fire site often requires that personnel must carry equipment for long distances. Such operations quickly exhaust fire personnel and reduce the effective number of personnel available for suppression. Access problems often result in severe delays, the misdirection of fire and smoke control efforts, or the failure to make a timely fire attack. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 1 Page 8 of 12 Summary The above listed local topographical conditions increase accessibility problems and fire hazards in the City of El Cerrito. Should a significant emergency occur, such as an area wide conflagration, public safety resources would be prioritized to mitigate the greatest threat and may likely remain unavailable for smaller single dwelling or structure fires. Other variables may intensify the situation: 1) The extent of damage to the water system; 2) The extent of isolation due to bridge and/or freeway overpass collapse; 3) The extent of roadway damage and/or amount of debris blocking the roadways; 4) Climatic conditions (hot, dry weather with high winds); 5) Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business and commute hours; 6) The availability of timely mutual aid or military assistance; 7) The large proportion of dwellings with wood single roof coverings could result in conflagrations. D. Conclusion Based on the local climatic, geologic, and topographic conditions outlined above, there is a real risk of damage to the community from a disaster. A seismic event can cause structural damage to buildings and utility infrastructure; storm flooding and high winds may increase the damages. Any of these conditions may negatively affect fire prevention efforts by increasing the frequency, spread, acceleration, intensity, and size of fires involving buildings in this community. Further, these conditions will increase the potential damage to all structures occurring from any earthquake and subsequent fire. It is found, therefore, to be reasonably necessary that the California Fire Code and the State Building Standards Code are changed or modified to mitigate the effects of the above conditions. II. Pursuant to Sections 17958.5 and 17958.7 of the State of California Health and Safety Code, the City Council of the City of El Cerrito makes the finding that changes, modifications, and amendments to the 2013 Edition of the California Building Standards Codes are needed and are reasonably necessary because of certain local climatic, geologic and topographic features and conditions as described in Section I above, and that those features and conditions, under certain circumstances, affect delivery of emergency services. The amendments to the California Building Standards Codes are enacted to mitigate the impact of those local features and conditions by preventing the chance of accident or injury by requiring standards more stringent than required by the current codes; and (ii) requiring additional built-in automatic fire protection systems which will provide for early detection and initial fire control. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 1 Page 9 of 12 III. The following changes and/or modifications to the 2013 California Building Standards Code are found to be necessary to mitigate the impacts caused by the local climatic, geologic and topographic conditions and are listed as follows: Municipal Code Section CBC Section Findings in Section 1 16.02.020 105.2 A, B, C, D 16.02.030 107.6 B.1, C.1 16.02.040 107.3 A, B, C, D 16.02.050 114.1.1 A, C.2, C.4 16.02.060 117 A, C.2, C.4 16.02.070 501.2 A, C.2, C.4 16.02.080 903.2 A, C.2, C.4 16.02.090 904.3.5 A, C.2, C.4 16.02.100 905.3 A, C.2, C.4 16.02.110 1704.4 B, C 16.02.120 1905.1.8 B, C 16.02.130 Chapter 23 A, C.2, C.4 16.02.140 2304.11.2.6 A, C.2, C.4 16.02.150 2505 A, C.2, C.4 16.02.160 3402.1 B, C 16.02.170 3405 B, C 16.02180 3405 B, C A, B 16.02.190 Appendix G – A, B, C 16.03.010 16.03.020 R105.2 R403.1.3 A,B,C,D B, C, D 16..03.030 R106.3 B1, C1 16.03.040 16.03.050 R106.4 R113.6 A,B,C,D A,C2,C4 ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 1 Page 10 of 12 16.03.060 16.03.070 16.03.080 16.03.090 16.03.100 16.03.110 R115 R319.1 R322.1 R403.1.3 R602.10.4.4 And/Table R602.10.3(3) R703.5 A,C2,C4 A,C2,C4 A,B,C A,C2,C4 A,C2,C4 A,C2,C4 16.08.040 Article 23.70(A)(1) A, C.2, A,C.2,C.4,D NOTE: END OF BUILDING DIVISION- REMAINDER IS FIRE CODE 16.10.030 103.4 A, B, C, D 16.10.040 314.1.1 B, C, D 16.10.050 301.0.1 B, C, D 16.10.060 301.0.2 B, C, D 16.12.020 Table 1.11 A, B, C, D 16.20.020 IPMC 102.3 A, B, C, D 16.20.030 IPMC 111 D 16.20.040 IPMC 304.14 A 16.20.050 IPMC 307.3.1 A, D 16.20.060 IPMC 602.4 A, D 16.26.020 1.1.1.2 A, C.2, C.4, D 16.26.030 1.1.8 A, C.2, C.4, D 16.26.040 1.11.1 A, C.2, C.4, D 16.26.050 102.1 A, C.2, C.4, D 16.26.060 102.9 A, C.2, C.4, D 16.26.070 104.1 A, C.2, C.4, D 16.26.080 104.1.1A and 104.1.1B A, C.2, C.4, D 16.26.090 104.9 A, C.2, C.4, D 16.26.100 105.1.1 A, C.2, C.4, D ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 1 Page 11 of 12 16.26.110 105.6 A, C.2, C.4, D 16.26.120 108 A, C.2, C.4, D 16.26.130 202 A, C.2, C.4, D 16.26.140 202 A, C.2, C.4, D 16.26.150 202 A, C.2, C.4, D 16.26.160 318 A, C.2, C.4, D 16.26.170 401.5 A, C.2, C.4, D 16.26.180 503, 504 and 507 A, C.2, C.4, D 16.26.190 603.6 A, C.2, C.4, D 16.26.200 903.2 A, C.2, C.4, D 16.26.210 903.2 A, C.2, C.4, D 16.26.220 905.3.1 A, C.2, C.4, D 16.26.230 907.2 A, C.2, C.4, D 16.26.240 907.8.2 A, C.2, C.4, D 16.26.250 1008.1.10 A, C.2, C.4, D 16.26.260 1027.6 A, C.2, C.4, D 16.26.270 2701.1.2 A, C.2, C.4, D 16.26.280 2703.1.1 A, C.2, C.4, D 16.26.290 3001.1A A, C.2, C.4, D 16.26.300 3301.1.1A A, C.2, C.4, D 16.26.310 3404.2.13 A, C.2, C.4, D 16.26.320 3406 A, C.2, C.4, D 16.26.330 3503A A, C.2, C.4, D 16.26.340 3803.2.1.7 A, C.2, C.4, D 16.26.350 3804.2A A, C.2, C.4, D The aforementioned amendments have been incorporated in detail in Ordinance 2013-XX. BE IT FURTHER RESOLVED that the City Council of the City of El Cerrito does hereby direct the City Clerk to schedule a public hearing for consideration of Ordinance No. 2013-XX, to be held October 15, 2013, at 7:00 p.m. at the City Council Chambers, and to publish a notice of such hearing in accordance with Government Code Section 50022.3; and that such notice state that the purpose of the ordinance is to adopt the 2013 California Building Standards Code (including the Fire Code) and the California Housing Regulations, with modifications to address unique local conditions. I certify that at a regular meeting on October 15, 2013, the City Council of the City of El Cerrito passed this Resolution by the following vote: Ayes: Council members: Noes: Council members: Abstain: Council members: Absent: Council members: ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 1 Page 12 of 12 IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on October XX, 2013. Cheryl Morse, City Clerk APPROVED: Gregory B. Lyman, Mayor ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 1 of 32 ORDINANCE NO. 2013–XX AN ORDINANCE OF THE CITY OF EL CERRITO AMENDING TITLE 16 OF THE EL CERRITO MUNICIPAL CODE TO ADOPT, WITH MODIFICATIONS TO ADDRESS UNIQUE LOCAL CONDITIONS, THE 2013 EDITION OF THE CALIFORNIA GREEN BUILDING CODE, THE 2013 EDITION OF THE CALIFORNIA BUILDING CODE (BASED ON THE 2012 INTERNATIONAL BUILDING CODE), VOLUMES 1 AND 2, INCLUDING SEVERAL APPENDICES THERETO, THE 2013 CALIFORNIA FIRE CODE (BASED ON THE 2012 INTERNATIONAL FIRE CODE), INCLUDING ALL APPENDICES THERETO, THE 2013 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE, THE 2013 EDITION OF THE CALIFORNIA RESIDENTIAL CODE (BASED ON THE 2012 INTERNATIONAL RESIDENTIAL CODE) WITH SOME APPENDICES THE 2013 CALIFORNIA PLUMBING CODE (BASED ON THE 2012 UNIFORM PLUMBING CODE), THE 2013 CALIFORNIA MECHANICAL CODE (BASED ON THE 2012 UNIFORM MECHANICAL CODE), AND THE 2013 CALIFORNIA ELECTRICAL CODE (BASED ON THE 2011 NATIONAL ELECTRICAL CODE). The City Council of the City of El Cerrito does hereby ordain as follows: DIVISION I. That certain documents, copies of which are on file and are open for inspection by the public in the office of the Building Official of the City of El Cerrito, being marked and designated as the California Building Standards Code, 2013 Edition, comprising Title 24, Parts 1, 2 (Vol. 1 and 2.5, 3, 4, 5, 6, 9, 11, and 12 California Code of Regulations, together with all appendices thereto and the California Housing Law Regulations, are hereby adopted, with certain modifications to reflect unique local conditions, as contained in the Municipal Code of the City of El Cerrito for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the City of El Cerrito. Each and all of the regulations, provisions, conditions, and terms of such California Building Standards Code, California Housing Law Regulations, , all of which are on file in the office of the Building Official are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. The application and use of the Appendices in the California Building Standards Codes and California Fire Code are adopted individually and are subject to approval of the Building Official and Fire Chief respectively. The City Council of the City of El Cerrito further ordains as follows: DIVISION II. TITLE 16, CHAPTER 16.02., ORDINANCE NO. XXXX-XX, (CALIFORNIA BUILDING CODE) OF THE EL CERRITO MUNICIPAL CODE IS HEREBY REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER 16.02, TITLED “CALIFORNIA BUILDING CODE”: ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 2 of 32 Chapter 16.02 CALIFORNIA BUILDING CODE Sections: 16.02.010 California Building Code - Adoption 16.02.020 Chapter 1 Subsection 105.2 Amended - Exempted Work 16.02.030 Chapter 1 Section 107.6 Added - Garage, Carport and Driveway Grades 16.02.040 Chapter 1 Subsection 107.3 Amended - Examination of Documents 16.02.050 Chapter 1 Section 114.1.1 Added - Littering of Streets 16.02.060 Chapter 1 Section 117 Added - General Regulation of Construction 16.02.070 Chapter 5 Section 501.2 Amended - Premises Identification Numbering 16.02.080 Chapter 9 Subsection 903.2 Amended - Automatic Fire Extinguishing Systems 16.02.090 Chapter 9 Subsection 904.3.5 Amended - Sprinkler System Supervision Alarm 16.02.100 Chapter 9 Subsection 905.3.1 Amended - Standpipe Requirements 16.02.110 Chapter 17 Subsection 1705.3Amended - Special Inspection 16.02.120 Chapter 19 Subsection 1905.1.8 Added - Structural Forces 16.02.130 Chapter 23 Subsections 2308.9.3 and Table 2308.12.4 Amended - Wood 16.02.140 Chapter 23 Subsection 2304.11.2.6 Amended - Shingle or Shake Siding Materials 16.02.150 Chapter 25 Section 2505 Deleted - Gypsum Shear 16.02.160 Chapter 34 Subsection 3402.1 Amended - Substantial Structural Damage 16.02.170 Chapter 34 Chapter 3405 Adoption - Repair and Reconstruction Ordinance 16.02.180 Chapter 34 Section 3405 Added - Repairs including all subsections associated 16.02.190 Appendix G Section G102.3 Added - Construction in Flood Hazard Areas 16.02.200 Appendix G Section G102.3 Added - Construction in Flood Hazard Areas 16.02.010 California Building Code - Adoption. The Building Code for the City, sometimes referred to as “the CBC,” is the 2013 California Building Code, incorporating Volumes 1 and 2, (based on the International Building Code, 2009 Edition), including Appendix chapters D, F, G, H, and J, as approved by the California Building Standards Commission, and as published in Title 24, Part 2, Volumes 1 and 2, and Part 2.5 of the California Code of Regulations. 16.02.020 Chapter 1 Subsection 105.2 and Amended - Exempted Work Subsection 105.2(4) of the CBC is amended to read: 4. Retaining walls which do not retain more than thirty (30) inches of earth when the earth retained is level and where there is no surcharge load, and retaining walls which do not retain more than two feet of earth when the earth retained is sloping not greater than 2h:1v and there is no surcharge load. The above does not apply to retaining walls impounding Class I, II, or IIIA Liquids. See CBC Section 2304.11.7 for treatment of wood used for retaining walls. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 3 of 32 16.02.030 Chapter 1 Section 107.6 Added -Garage, Carport & Driveway Grades Section 107.6 is added to the CBC, to read as follows: Section 107.6 Garage, Carport and Driveway Grade Requirements. Garage and carport floors shall be concrete. Any person to whom a building permit has been issued shall, where established, obtain official line and grade information as required in Section 13.20.150 of the City Code prior to the construction of foundations or footings for carports and garages. When official line and grade has not been established, it shall be the responsibility of that person to provide such information as required by City Engineer to establish lines and grades. Any person to whom a building permit has been issued shall construct the finish floor of carports and garages to an elevation which shall conform to the official driveway data as set forth on plan LL-1031 on file with the City Engineer. 16.02.040 Chapter 1 Subsection 107.3 Amended - Examination of Documents Subsection 107.3 is added to the CBC, to read as follows: Review by Fire Chief. Whenever application is made for a building permit, as required by the CBC, the Building Official shall withhold issuance of the building permit until notification from the Fire Chief that all plans required by the California Fire Code (chapter 16.26 of this title) have been reviewed and approved, and that the requirements specified in Section 16.26 have been met. 16.02.050 Chapter 1 Section 114.1.1 Added - Littering of Streets Section 114.1.1 is added to the CBC, to read as follows: Section 114.1.1 - Littering of Streets It shall be unlawful for any person to excavate, dig or move dirt, rock, or other substances so as to allow fragments thereof from being thrown or dropped against or upon lots or buildings, or upon any public right-of-way. Any person dropping such material or tracking dirt, mud or rocks from private property upon any public right-of-way shall immediately cause the same to be removed. Transportation of dirt and rock requires a permit obtained pursuant to chapter 13.24 of the El Cerrito Municipal Code. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 4 of 32 16.02.060 Chapter 1 Section 117 Added - General Regulation of Construction Section 117 is added to the CBC, to read as follows: Section 117 - General Regulation of Construction Work may be prohibited during inclement weather upon the order of the City Building Official. The hours of work shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturday. Work shall be prohibited on Sundays and Holidays. Work hours in the public right-of-way shall be regulated by Public Works Department. Work must be controlled to prevent causing a public nuisance such as dust, noise, vibrations, uncontrolled storm water runoff, and traffic congestion. 16.02..070 Chapter5 Section 501.2 Amended - Premises Identification Numbering Section 501.2 of the CBC is amended to read as follows: Section 501.2 - Premises Identification Numbering. a) The city shall keep on file a description of the method to be used in the assignment of street address identification numbers. This method shall be approved by Council resolution, and shall be available for inspection by any member of the public. b) Every main structure or building constructed, altered, repaired or moved into the city shall be assigned a street identification number by the Building Official. c) Numbers identifying the street address shall be placed on the street side of the building or structure in such manner as to be plainly visible from the street or public way. Identification numbers shall be a minimum of four inches in height with minimum ½” stroke width for residential, and six inches in height with minimum 1” stroke width for commercial buildings, and of a color to contrast with the surrounding color. Numbers shall be installed prior to final inspection and occupancy of the building or structure. d) The premises street address shall be internally or externally illuminated to the satisfaction of the Building Official. e) The owner shall be responsible for the maintenance of identification numbers. f) Any change of the assigned street identification number must be approved by the Building Official. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 5 of 32 g) Every owner or occupant of any building or structure not numbered in accordance with the provisions of this section shall, within ten (10) days after notice given by the City change the number of such building or structure to the number specified in the notice. 16.02.080 Subsections 903.2 Amended - Automatic Fire-Extinguishing Systems Subsection 903.2 of the CBC is amended to add: a) In every building where the total floor area exceeds 5,000 square feet. b) In every building having three or more stories. 16.02.090 Subsection 904.3.5 Amended - Sprinkler System Supervision Alarm Section 904.3.5 of the CBC is amended by adding the words, “or when required by the Fire Chief.” 16.02.100 Subsection 905.3 Amended - Standpipe Requirements Subsection 905.3 is amended by adding the following: Standpipes shall be required in all buildings three stories in height in addition to other requirements in this section, or when required by the Fire Chief. 16.02.110 Subsection 1705.3 Amended - Special Inspection CBC Subsection 1704.4, Concrete Construction is amended to read as follows: 1704.4 Concrete Construction. The special inspections and verifications for concrete construction shall be as required by this section and TABLE 1704.4. Exceptions: Special inspections shall not be required for: 1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pound per square inch (psi) (17.2 Mpa). 16.02.120 Subsection 1905.1.8 Added - Structural Forces Section 1905.1.8. ACI 318 section 22.10.1 allows the use of plain concrete in residential structures assigned to seismic design category D, E or F. Section 1905.1.8 ACI 318, section 22.10 Delete ACI 318, section 22.10, and replace with the following: ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 6 of 32 22.10 - Plain concrete in structures assigned to seismic design category C, D, E or F. 22.10.1- Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows: Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness. Exception: In detached one and two-family dwelling three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness. Plain concrete footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections. Exception: In detached one and two-family dwellings three stores or less in height and constructed with stud bearing walls, plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less than 0.002 times the gross cross –sectional area of the footing. 16.02.130 Chapter 23 Amended - Wood The following Sections 2308.9.3 and Table 2308.12.4 are amended and/or deleted to read as follows: Section 2308.9.3 is deleted in its entirety, to be replaced with the following: 2308.9.3 Bracing A. Braced wall lines shall consist of braced wall panels, which meet the requirements for location, type and amount of bracing as shown in Figure 2308.9.3, specified in Table 2308.9.3(1) and are in line or offset from each other by not more than 4 feet (1219 mm). Braced wall panels shall start not more than 12.5 feet (3810 mm) from each end of a braced wall line. Braced wall panels shall be clearly indicated on the plans. Construction of braced wall panels shall be by one of the following methods: 1. Wood boards of 5/8-inch (16 mm) net minimum thickness applied diagonally on studs spaced not over 24 inches (610 mm) on center. 2. Wood structural panel sheathing with a thickness not less than 3/8-inch (7.9 mm) for 16-inch (406 mm) stud spacing and not less than 3/8-inch (9.5 mm) for 24- inch (610 mm) stud spacing in accordance with Tables 2308.9.3(2) and 2308.9.3(3). ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 7 of 32 3. Fiberboard sheathing 4-foot by 8-foot (1219 mm by 2438 mm) panels not less than ½-inch (13 mm) thick applied vertically on studs spaced not over 16-inches (406 mm) on center when installed in accordance with Section 2306.6.6 and Table 2306.6 4. Particleboard wall sheathing panels where installed in accordance with 2308.9.3(4). 5. Hardboard panel siding when installed in accordance with Section 2303.1.6 and Table 2309.9.3(5). For cripple wall bracing see Section 2308.9.4. For methods 1, 2, 3, 4, and 5, each braced wall panel must be at least 48-inches (1219 mm) in length, covering three stud spaces where studs are 16-inches (406 mm) apart and covering two stud spaces where studs are spaced 24-inches (610 mm) apart. B. All vertical joints of panel sheathing shall occur over studs. Horizontal joints shall occur over blocking equal in size to the studding except where waived by the instillation requirements for the specific sheathing materials. C. Braced wall panel sole plates shall be nailed to the floor framing and top plates shall be connected to the framing above in accordance with Table 2304.9.1. Sills shall be bolted to the foundation or slab in accordance with Section 1805.6. Where joists are perpendicular to braced wall lines above, blocking shall be provided under and n line with the braced wall panels. Table 2308.12.4 In footnotes and of Table 2308.12.4, delete all references to “gypsum board”, “lath and plaster”, “Portland cement plaster”, and “gypsum sheathing boards”. 16.02.140 Subsection 2304.11.2.6 Amended - Shingle or Shake Siding Materials Subsection 2304.11.2.6 of the CBC is amended to add the following sentence at the end thereof: Siding Materials: Wood shingles or shakes shall be Class B or better which comply with ASTM E108 or UL 790, except that in very high fire hazard severity zones, no wood shake or shingle siding shall be permitted regardless of class designation. See section 8.30.030 of the El Cerrito Municipal Code for roofing standards in very high fire hazard severity zones. 16.02.150 Section 2505 Deleted - Gypsum Shear Section 2505 of the CBC on the use of gypsum shear is deleted in its entirety. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 8 of 32 16.02.160 Subsection 3402.1 Amended - Substantial Structural Damage Subsection 3402.1 of the CBC is amended to add a definition to read as follows: Substantial Structural Damage. A condition where: 1. In any story, the vertical elements of the lateral-force-resisting system, have suffered damage such that the lateral load-carrying capacity of the structure in any direction has been reduced by more than 20 percent from its pre-damaged condition, or 2. The capacity of any vertical gravity load-carrying component, or any group of such components, that supports more than 30 percent of the total area of the structure’s floor(s) and roof(s) has been reduced more than 20 percent from its pre-damaged condition, and the remaining capacity of such affected elements with respect to all dead and live loads is less than 75 percent of that required by the building code for new buildings of similar structure, purpose, and location. 16.02.170 Chapter 3405 Adoption - Repair and Reconstruction Ordinance Chapter 3405 establishes regulations as amendments to the building code for the expeditious repair of damaged structures. 16.02.180 Section 3405 Added - Repairs including all subsections associated The following repair requirements are hereby added as a new Subsection 3405.2.1.1 to Section 3405 “Repairs” of the CBC to read as follows: 3405 Repairs. Repairs of structural elements shall comply with this section. 3405.2.1.1 Seismic evaluation and design. Seismic evaluation and design of an existing building and its components shall be based on the following criteria. 3405.2.1.2 Evaluation and design procedures. The seismic evaluation and design shall be based on the procedures specified in the building code, ASCE 31 Seismic Evaluation of Existing Buildings (for evaluation only) or ASCE 41 Seismic Rehabilitation of Existing Buildings. The procedures contained in Appendix A of the International Existing Building Code shall be permitted to be used as specified in Section 3405.2.1.4. 3405.2.1.3 CBC level seismic forces. When seismic forces are required to meet the building code level, they shall be one of the following: 1. 100 percent of the values in the building code. The R factor used for analysis in accordance with Chapter 16 of the building code shall be the R factor specified for structural systems classified as “Ordinary” unless it can be demonstrated that ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 9 of 32 the structural system satisfies the proportioning and detailing requirements for systems classified as “Intermediate” or “Special”. 2. Forces corresponding to BSE-1 and BSE-2 Earthquake Hazard Levels defined in ASCE 41. Where ASCE 41 is used, the corresponding performance levels shall be those shown in Table 3405.2.1.3. TABLE 3405.2.1.3 ASCE 41 and ASCE 31 PERFORMANCE LEVELS a . P e r f o r a. Performance levels for Occupancy Category III shall be taken as halfway between the performance levels specified for occupancy Category II and Occupancy Category IV. 3405.2.1.4 Reduced CBC level seismic forces. When seismic forces are permitted to meet reduced building code levels, they shall be one of the following: 1. 75 percent of the forces prescribed in the building code. The R factor used for analysis in accordance with Chapter 16 of the building code shall be the R factor as specified in Section 3405.2.1.3. 2. In accordance with the applicable chapters in Appendix A of the International Existing Building Code as specified in Items 2.1 through 2.5 below. Structures or portions of structures that comply with the requirements of the applicable chapter in Appendix A shall be deemed to comply with the requirements for reduced building code force levels. 2.1. The seismic evaluation and design of unreinforced masonry bearing wall buildings in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A1. 2.2. Seismic evaluation and design of the wall anchorage system in reinforced concrete and reinforced masonry wall buildings with flexible diaphragms in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A2. OCCUPANCY CATEGORY (BASED ON IBC TABLE 1604.5) PERFORMANCE LEVEL FOR USE WITH ASCE 31 AND WITH ASCE 41 BSE-1 EARTHQUAKE HAZARD LEVEL PERFORMANCE LEVEL FOR USE WITH ASCE 41 BSE-2 EARTHQUAKE HAZARD LEVEL I Life Safety (LS) Collapse Prevention (CP) II Life Safety (LS) Collapse Prevention (CP) III Note Note IV Immediate Occupancy (IO) Life Safety (LS) ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 10 of 32 2.3. Seismic evaluation and design of cripple walls and sill plate anchorage in residential buildings of light-frame wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A3. 2.4. Seismic evaluation and design of soft, weak, or open-front wall conditions in multiunit residential buildings of wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A4. 2.5. Seismic evaluation and design of concrete buildings and concrete with masonry infill buildings in all Occupancy Categories are permitted to be based on the procedures specified in Appendix Chapter A5. 3. In accordance with ASCE 31 based on the applicable performance level as shown in Table 3405.2.1.3. 4. Those associated with the BSE-1 Earthquake Hazard Level defined in ASCE 41 and the performance level as shown in Table 3405.2.1.3. Where ASCE 41 is used, the design spectral response acceleration parameters Sxs and Sx1 shall not be taken less than 75 percent of the respective design spectral response acceleration parameters SDS and SD1 defined by the International Building Code and its reference standards. 3405.2.1.5 Wind Design. Wind design of existing buildings shall be based on the procedures specified in the building code. 3405.2.1.6 Repairs to damaged buildings. Repairs to damaged buildings shall comply with this section. 3405.2.1.7 Unsafe conditions. Regardless of the extent of structural damage, unsafe conditions shall be eliminated. 16.02.190 Appendix Chapter 1, Section 110.7 Added - Storm Water Pollution Control Measures Chapter 1 Section 110.7 is added to the CBC to read as follows: Storm water pollution control measures shall be implemented during all construction phases of development to prevent pollution from entering waterways. Specific practices of the California Stormwater Quality Association (CASQA) Construction Best Management Practices Handbook shall be incorporated herein. 16.02.200 Appendix G Section G102.3 Added - Construction in Flood Hazard Areas Section G102.3 is added to the CBC, to read as follows: ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 11 of 32 Section G102.3 - construction in Special Flood Hazard Area Construction within special Flood Hazard Areas must comply with chapter 13.40 of the Municipal Code. Chapter 16.03 CALIFORNIA RESIDENTIAL CODE Sections: 16.03.010 California Residential Code - Adoption 16.03.020 Chapter 1 Subsection R105.2 Amended - Exempted Work 16.03.030 Chapter 1 Section R106.3 Added - Garage, Carport and Driveway Grades 16.03.040 Chapter 1 Subsection R106.3 Renumbered and Amended - Examination of Documents 16.03.050 Chapter 1 Section 103.6 Added - Littering of Streets 16.03.060 Chapter 1 Section 115 Added - General Regulation of Construction 16. 03.070 Chapter 3 Section R319.1 Amended - Premises Identification Numbering 16.03.080 Chapter 3 Section R322.1 of the CRC Amended-Flood-Resistant Construction 16.03.090 Chapter 4 Section R404.1.4.2 of the CRC Amended – Seismic Reinforcing 16.03.100 Chapter 6 Section R602.10.2 and Table R602.10.3(3) of the CRC Amended – Seismic Reinforcing 16.03.110 Chapter 7 Subsection R703.5 Amended - Shingle or Shake Siding Materials 16.03.010 California Residential Code - Adoption. The Residential Code for the City, sometimes referred to as “the CRC,” is the 2013 California Residential Code, (based on the International Building Code, 2012 Edition), including Appendix chapters G and H, as approved by the California Building Standards Commission, and as published in Title 24, Part 2.5 of the California Code of Regulations. 16.03.020 Chapter 1 Subsection 105.2 Amended - Exempted Work Subsection 105.2(3) of the CRC is amended to read: 3. Retaining walls which do not retain more than thirty (30) inches of earth when the earth retained is level and where there is no surcharge load, and retaining walls which do not retain more than two feet of earth when the earth retained is sloping not greater than 2h:1v and there is no surcharge load. The above does not apply to retaining walls impounding Class I, II, or IIIA Liquids. See CBC Section 2304.11.7 for treatment of wood used for retaining walls. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 12 of 32 16.03.030 Chapter 1 Section 106.3 Added -Garage, Carport & Driveway Grades Section 107.6 is added to the CBC, to read as follows: Section 107.6 Garage, Carport and Driveway Grade Requirements. Garage and carport floors shall be concrete. Any person to whom a building permit has been issued shall, where established, obtain official line and grade information as required in Section 13.20.150 of the City Code prior to the construction of foundations or footings for carports and garages. When official line and grade has not been established, it shall be the responsibility of that person to provide such information as required by City Engineer to establish lines and grades. Any person to whom a building permit has been issued shall construct the finish floor of carports and garages to an elevation which shall conform to the official driveway data as set forth on plan LL-1031 on file with the City Engineer. 16.03.040 Chapter 1 Subsection R106.3 Renumbered and Amended - Examination of Documents Subsection R106.3 is renumbered as R106.4 amended by adding a second paragraph to the CRC, to read as follows: Review by Fire Chief. Whenever application is made for a building permit, as required by the CRC, the Building Official shall withhold issuance of the building permit until notification from the Fire Chief that all plans required by the California Fire Code (chapter 16.26 of this title) have been reviewed and approved, and that the requirements specified in Section 16.26 have been met. 16.03.050 Chapter 1 Section R113.6 Added - Littering of Streets Section R113.6 is added to the CRC, to read as follows: Section R113.6 - Littering of Streets It shall be unlawful for any person to excavate, dig or move dirt, rock, or other substances so as to allow fragments thereof from being thrown or dropped against or upon lots or buildings, or upon any public right-of-way. Any person dropping such material or tracking dirt, mud or rocks from private property upon any public right-of-way shall immediately cause the same to be removed. Transportation of dirt and rock requires a permit obtained pursuant to chapter 13.24 of the El Cerrito Municipal Code. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 13 of 32 16.03.060 Chapter 1 Section R115 Added - General Regulation of Construction Section R115 is added to the CBC, to read as follows: Section R115 - General Regulation of Construction Work may be prohibited during inclement weather upon the order of the City Building Official. The hours of work shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturday. Work shall be prohibited on Sundays and Holidays. Work hours in the public right-of-way shall be regulated by Public Works Department. Work must be controlled to prevent causing a public nuisance such as dust, noise, vibrations, uncontrolled storm water runoff, and traffic congestion. 16.03.070 Section R319.1 Amended - Premises Identification Numbering Section R319.1 of the CRC is amended to read as follows: Section R319.1 - Premises Identification Numbering. h) The city shall keep on file a description of the method to be used in the assignment of street address identification numbers. This method shall be approved by Council resolution, and shall be available for inspection by any member of the public. i) Every main structure or building constructed, altered, repaired or moved into the city shall be assigned a street identification number by the Building Official. j) Numbers identifying the street address shall be placed on the street side of the building or structure in such manner as to be plainly visible from the street or public way. Identification numbers shall be a minimum of four inches in height with minimum ½” stroke width for residential, and six inches in height with minimum 1” stroke width for commercial buildings, and of a color to contrast with the surrounding color. Numbers shall be installed prior to final inspection and occupancy of the building or structure. k) The premises street address shall be internally or externally illuminated to the satisfaction of the Building Official. l) The owner shall be responsible for the maintenance of identification numbers. m) Any change of the assigned street identification number must be approved by the Building Official. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 14 of 32 n) Every owner or occupant of any building or structure not numbered in accordance with the provisions of this section shall, within ten (10) days after notice given by the City change the number of such building or structure to the number specified in the notice. 16.03.080 Section R322.1 of the CRC Amended-Flood-Resistant Construction Section R3221.1 of the CRC is amended by adding the following sentence: Construction within special Flood Hazard Areas must comply with Chapter 13.40 of the Municipal Code. 16..03.090 Section R404.1.4.2 of the CRC Amended – Seismic Reinforcing Section R404.1.4.2 of the CRC is amended to read as follows: R404.1.4.2 Seismic reinforcing. Concrete footings located in Seismic Design Categories D0, D1 and D2, as established in Table R301.2(1), shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing. In Seismic Design Categories D0, D1 and D2 where a construction joint is created between a concrete footing and a stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing, have a standard hook and extend a minimum of 14 inches (357 mm) into the stem wall. In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing and have a standard hook. In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted. Exception: In detached one- and two-family dwellings which are three stories or less in height and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted. 16.03.100 Section R602.10.2 and Table R602.10.3(3) of the CRC Amended – Seismic Reinforcing Section R602.10.4.4 and Table R602.10.3(3) of the CRC are amended by adding a new footnote to the end of CRC Table R602.10.3(3), to read: ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 15 of 32 e. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted and the use of Method PCP is limited to one-story single family dwellings and accessory structures. 16.03.110 Subsection R703.5 Amended - Shingle or Shake Siding Materials Subsection R703.5 of the CRC is amended to add the following sentence: Wood shingles or shakes shall be Class B or better which comply with ASTM E108 or UL 790, except that in very high fire hazard severity zones, no wood shake or shingle siding shall be permitted regardless of class designation. See section 8.30.030 of the El Cerrito Municipal Code for roofing standards in very high fire hazard severity zones. DIVISION III. TITLE 16, CHAPTER 16.04, ORDINANCE NO. XXX-XX, (CALIFORNIA PLUMBING CODE) OF THE EL CERRITO MUNICIPAL CODE IS HEREBY REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER 16.04, TITLED “CALIFORNIA PLUMBING CODE”: Chapter 16.04 CALIFORNIA PLUMBING CODE Sections: 16.02.010 California Plumbing Code - Adoption 16.04.010 California Plumbing Code - Adoption The Plumbing Code for the City, sometimes referred to as “the CPC,” is the California Plumbing Code, 2013 Edition, (based on the Uniform Plumbing Code, 2012 Edition), as approved by the California Building Standards Commission, and as published in Title 24, Part 5, of the California Code of Regulations. DIVISION IV. TITLE 16, CHAPTER 16.06, ORDINANCE NO. XXX-XX, (CALIFORNIA MECHANICAL CODE) OF THE EL CERRITO MUNICIPAL CODE IS HEREBY REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER 16.06 TITLED “CALIFORNIA MECHANICAL CODE”: Chapter 16.06 CALIFORNIA MECHANICAL CODE Sections: 16.06.010 California Mechanical Code - Adoption. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 16 of 32 The Mechanical Code for the City, sometimes referred to as “the CMC,” is the California Mechanical Code, 2013 Edition, (based on the Uniform Mechanical Code, 2012 Edition), as approved by the California Building Standards Commission, and as published in Title 24, Part 4, of the California Code of Regulations DIVISION V. TITLE 16, CHAPTER 16.08 (CALIFORNIA ELECTRICAL CODE) OF THE EL CERRITO MUNICIPAL CODE IS HEREBY REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER 16.08, TITLED “CALIFORNIA ELECTRICAL CODE”: Chapter 16.08 CALIFORNIA ELECTRICAL CODE Sections: 16.08.010 California Electrical Code - Adoption. 16.08.040 Article 230.70 Amended - Readily Accessible Location 16.08.010 California Electrical Code - Adoption The Electrical Code for the City sometimes referred to as “the CEC,” is the California Electrical Code, 2013 Edition, (based on the National Electrical Code, 2011 Edition), as approved by the California Building Standards Commission, and as published in Title 24, Part 3, of the California Code of Regulations, except as amended and supplemented in the manner set forth in this chapter. 16.08.040 Article 230.70 Amended - Readily Accessible Location Article 230.70 of the National Electric Code is amended to read as follows: The service disconnecting means shall be installed at a readily accessible location outside of a building or structure near the point of entrance of the service conductors for single family dwellings. For other occupancies where direct access from the exterior does not occur, a remote control (shunt trip) activating the disconnect shall be located on the exterior of the building in a location and manner acceptable to the Fire and Building Officials. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 17 of 32 Chapter 16.24 CALIFORNIA GREEN BUILDING CODE Section: 16.24.010 California Green Building Code - Adoption. The Green Building Code for the City is the California Green Building Standards Code, 2013 Edition, as approved by the California Building Standards Commission, and as published in Title 24, Part 11, of the California Code of Regulations. DIVISION X. TITLE 16, CHAPTER 16.26 (CALIFORNIA FIRE CODE) OF THE EL CERRITO MUNICIPAL CODE IS HEREBY REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING CHAPTER 16.26, TITLED “CALIFORNIA FIRE CODE”: Chapter 16.26 CALIFORNIA FIRE CODE Section: 16.26.010 California Fire Code - Adoption. 16.26.020 Chapter 1 Section 1.1.1.2 Added - Title 16.26.030 Chapter 1 Section 1.1.8 Amended - Amendments to the Fire Code 16.26.040 Chapter 1 Section 1.11.1 Amended - Office of the State Fire Marshall 16.26.050 Chapter 1 Section 102.1 Amended - Applicability 16.26.060 Chapter 1 Section 102.9 Amended - Matters Not Provided For 16.26.070 Chapter 1 Section 104.1 Amended - General Authority and Responsibility 16.26.080 Chapter 1 Section 104.1.1A and 104.1.1B Added - General Authority Peace Officer Status 16.26.090 Chapter 1 Section 104.9 Amended - Alternative materials and methods 16.26.100 Chapter 1 Section 105.1.1 Amended - Required permits 16.26.110 Chapter 1 Section 105.6 Amended - Required operational permits 16.26.120 Chapter 1 Section 108 Amended - Board of Appeals 16.26.130 Chapter 2 Section 202 Amended – General Definitions 16.26.140 Chapter 2 Section 202 Amended - Definitions - F 16.26.150 Chapter 2 Section 202 Amended - Definitions - R 16.26.160 Chapter 3 Section 318 Added - General precautions against fire 16.26.170 Chapter 4 Section 401.5 Amended - Making false report 16.26.180 Chapter 5 Sections 503, 504, 505 and 507 Amended -Fire Service Features ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 18 of 32 16.26.190 Chapter 6 Section 603.6 Amended - Building Services and Systems 16.26.200 Chapter 9 Section 903.2 Amended – Automatic Fire Extinguishing Systems 16.26.210 Chapter 9 Section 903.2 Amended - Automatic Fire Sprinkler Systems 16.26.220 Chapter 9 Section 905.3.1 Amended - Standpipe Systems 16.26.230 Chapter 9 Section 907.2 Amended - Fire Alarm and Detection Systems 16.26.240 Chapter 9 Section 907.8.2 Amended - Record of completion 16.26.250 Chapter 10 Section 1008.1.10 Amended - Panic and fire exit hardware 16.26.260 Chapter 10 Section 1027.6 Amended - Exit and pathways 16.26.270 Chapter 27 Section 2701.1.2 Added - Hazardous Materials 16.26.280 Chapter 27 Section 2703.1.1 Amended - General Provisions 16.26.290 Chapter 30 Section 3001.1A Added - Compressed Gasses 16.26.300 Chapter 33 Section 3301.1.1A Added - Explosives and Fireworks 16.26.310 Chapter 34 Section 3404.2.13 Added - Flammable and Combustible Liquids – Below Ground Tanks 16.26.320 Chapter 34 Section 3406 Amended - Flammable and Combustible Liquids - Above Ground Tanks 16.26.330 Chapter 35 Section 3503A Added - Flammable Gases and Flammable Cryogenic Fluids 16.26.340 Chapter 38 Section 3803.2.1.7 Amended - Liquefied Petroleum Gases - Inside Buildings 16.26.350 Chapter 38 Section 3804.2A Added - Liquefied Petroleum Gases - Outside Buildings 16.26.010 California Fire Code - Adoption. It is hereby adopted by the city council of the city of El Cerrito for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain codes and standards known as the 2013 California Building Standards Code, Title 24, California Code of Regulations (CCR), Part 9 (California Fire Code), and by reference the 2012 International Fire Code published by the International Code Council, Inc. (ICC), (including Appendix Chapters A, B, C, D, E, F, G, I, and J) save and except such portions as are deleted, modified or amended by this chapter, of which not less than one copy each have been and are now filed in the office of the Fire Chief and the Building Official of the City of El Cerrito and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the City of El Cerrito. 16.26.020 Chapter 1 Section 1.1.1.2 Added - Title Section 1.1.1.2 Title is added as follows: Section 1.1.1.2 These regulations shall be known as the Fire Code of the City of El Cerrito, hereinafter referred to as "this code." The California Fire Code and the International Fire Code adopted by reference in Section 1, amendments thereto, additions, and deletions as set forth in this Section shall become effective as set forth in Section 1.1.8 Division and Appendix numbers used are those of the California Fire Code. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 19 of 32 16.26.030 Chapter 1 Section 1.1.8 Amended - Amendments to the Fire Code Section 1.1.8 is amended by adding the following: The limits referred to in Section 1.1.8.1 of the California Fire Code and International Fire Code adopted by reference in Section 1, amendments thereto, additions, and deletions and appendices as set forth in this section shall become effective as set forth in Section 1.1.9 Article, Section, Division, and Appendix numbers used are those of the California Fire Code. 16.26.040 Chapter 1 Section 1.11.1 Amended - Office of the State Fire Marshall Section 1.11.1 is amended by adding 1.11.1 A, B and C A. The California Fire Code as adopted and amended herein shall be enforced by the city fire prevention division which is hereby established and which shall be operated under the supervision of the fire marshal. B. The fire marshal in charge of the fire prevention division shall be appointed by the fire chief of the city of El Cerrito on the basis of examination to determine his or her qualifications for the position. C. The chief of the fire department shall recommend to the city council the employment of technical staff members, who, when such authorization is made, shall be selected on the basis of examination to determine their qualifications for the position. 16.26.050 Chapter 1 Section 102.1 Amended - Applicability Section 102.1 is amended by adding Section 102.1.1 Section 102.1.1 Buildings in existence at the time of the adoption of this code may have their existing use or occupancy continued, if such use or occupancy was legal at the time of the adoption of this code, provided such continued use is not dangerous to life. Section 102.2 is amended by adding section 102.2.1 Section 102.2.1 Plans for compliance. Upon written notice to the responsible property owner, plans for compliance shall be submitted and approved, and within 18 months or earlier depending on the life-safety significance of the hazard work shall be completed or the building shall be vacated until made to conform. 16.26.060 Chapter 1 Section 102.9 Amended - Matters Not Provided For Section 102.9 is amended by adding subsection 102.9.1A 102.9.1A Unless otherwise limited by law, the applicable provisions of this code shall apply to vehicles, ships, boats, and mobile vehicles and other facilities when fixed in a specific location within the boundaries of this jurisdiction. 16.26.070 Chapter 1 Section 104.1 Amended - General Authority and Responsibility ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 20 of 32 Section 104.1 is amended by adding the following: The Fire Chief or the Fire Code Official is authorized to render interpretations of this code and to make and enforce rules and supplemental regulations in order to carry out the application of its provisions. The Chief may be guided by the 2013 Supplement to the Uniform Fire Code. Such interpretations, rules and regulations, and supplements shall be in conformance with the intent and purpose of this code and shall be available to the public during normal business hours. 16.26.080 Chapter 1 Section 104.1.1A and 104.1.1B Added - General Authority Peace Officer Status Section 104.1.1A and 104.1.1B are added in their entirety to read as follows: Section 104.1.1A The Fire Chief and his designated representatives shall have the powers of peace officers while engaged in the performance of their duties with respect to the prevention, investigation, and suppression of fires and the protection and preservation of life and property against the hazards of fire and conflagration. Section 104.1.1B The Chief, or his duly authorized agents, may issue citations for violations of this ordinance in accordance with Chapter 5C (commencing with Section 853.5), Title 4, Part 2, of the Penal Code. 16.26.090 Chapter 1 Section 104.9 Amended - Alternative materials and methods Section 104.9 is amended by adding 104.9.3 Section 104.9.3 - The city council, the fire chief and the fire marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those now enumerated in the California Fire Code. The fire marshal shall post such list in a conspicuous place at the offices of the fire prevention division and distribute copies thereof to interested persons. 16.26.100 Chapter 1 Section 105.1.1 Amended - Required permits Section 105.1.1 is amended by adding Section 105.1.1A: Section 105.1.1A Fee for Plan Review, Inspection and Permits. Fees required by the City shall be established in the City's master fee schedule, to defray: the costs for plan review of plans required by this code; requested or required inspection services; administrative costs; issuance of permits and all other direct costs incurred by the city. Section 105.4.1.1 is amended by adding Section 105.4.1.2 (1 to Section 105.4.1.2 Review of Plans. Whenever required by this Code, plans shall be submitted to the Fire Chief for review and approval prior to construction. Whenever application is made for a ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 21 of 32 building permit, as required by the Building Code, the Building Official shall withhold issuance of the building permit until notification from the Fire Department that plans required by this code have been reviewed and approved and that the requirements set forth in section 105 have been met. In addition to plan submittals required by other sections of this Code, plans shall be submitted whenever any of the following land developments and/or improvements are proposed: 1. Subdivision of land. 2. Construction, alteration or renovation of a building. 3. Demolition of a building. 4. Provision of a water supply for fire protection. 5. Provision of access for fire apparatus. 6. An occupancy for the storage, use, or handling of any hazardous substance, hazardous material process, or hazardous device. 16.26.110 Chapter 1 Section 105.6 Amended - Required operational permits Section 105.6 is amended by adding 105.6.48 thru 105.6.51. 48. Christmas tree sales. To use a property for the purpose of selling cut Christmas trees. See applicable provisions of Chapter 3 General Precautions against fire. 49. Pumpkin patches/lots. To use a property for the purpose of selling pumpkins and seasonal items. See applicable provisions of Chapter 3 General Precautions against fire. 50. Liquefied petroleum gases. To store, use, or handle liquefied petroleum gas inside buildings. See Chapter 38. 51. Rockets. To launch model rockets. See California Code of Regulations Title 19, Division 1, Article 17. 16.26.120 Chapter 1 Section 108 Amended - Board of Appeals Section 108 is amended by adding 108.1.1 Section 108.1.1 Whenever the fire chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code has been misconstrued or wrongly interpreted, the applicant may appeal within thirty days the chief's decision to the city council. 16.26.130 Chapter 2 Section 202 Amended – General Definitions Section 202 - General Definitions is amended as follows: by changing the definition of Jurisdiction and adding the definition for Fire Marshal by adding Sections 202. A and 202. B. A. Wherever the word "jurisdiction" is used in the California Fire Code, it shall be held to mean the City of El Cerrito. B. Where the party responsible for the enforcement of the California Fire Code is given the title of "Fire Marshal," add the following definition: Fire Marshal is the chief of the bureau of fire prevention. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 22 of 32 16.26.140 Chapter 2 Section 202 Amended - Definitions - F Section 202 -F - is amended by adding: Facility - any structure or location used for storing, processing or handling material or equipment. Fair - a temporary enterprise principally devoted to the exhibit or sale of products of commerce, agriculture or industry, or to entertainment and amusement and may include the operation of amusement rides or devices, or concession booths. Firebreak - a continuous strip of land upon and from which all rubbish, weeds, grass or other growth that could be expected to burn when dry has been abated or otherwise removed in order to prevent the surface extension of fire from one area to another. Fire trail - a graded firebreak of sufficient width, surface, and design to provide access for fire personnel and equipment to suppress and to assist in preventing a surface extension of fires. Fuel break - a specified width, strip, or block of land on which the vegetation has been permanently modified to a low volume fuel type so that fires burning on it can be more readily controlled. 16.26.150 Chapter 2 Section 202 Amended - Definitions - R Section 202 - R is amended by adding: Response Time - the calculated time difference between receiving a report of an alarm and the application of extinguishing agent. Running Time - the calculated time difference between leaving the first due fire station and arriving on the emergency scene. Rural Area - that area generally designated for agricultural or open space uses with parcels over 10 acres in size. Rural Residential Area - that area generally designated for single family residential use with parcels between 3 and 10 acres in size. 16.26.160 Chapter 3 Section 319 Added - General precautions against fire Chapter 3 Section 319 is added in its entirety: Section 319 Exterior hazard control. Section 319.1 Weeds and Rubbish to be Destroyed or Removed. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 23 of 32 It shall be unlawful for any person owning, occupying, renting, managing or controlling any real property in this jurisdiction to cause, or permit to remain on the property, or on portions of streets adjoining such property, any weeds, rubbish, litter or other flammable material which creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous. It shall be the duty of every such person to remove or destroy such weeds, rubbish, litter or other flammable material. Destruction by burning within the jurisdictions unlawful unless the written permission of the Fire Chief of the City is first obtained and all other applicable permits are obtained from appropriate governing jurisdictions. Section 319.2 Definitions, as used in this article 1. "Weed," as used in this part, means all weeds growing upon streets or private property in this jurisdiction and includes any of the following: 2. Weeds that bear seeds of a downy nature or are subject to flight. 3. Sagebrush, chaparral and any other brush or weeds which obtain such large growth as to become, when dry, a fire menace to adjacent improved property or to streets. 4. Weeds that are otherwise noxious or dangerous. 5. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health. 6. Dry grass, stubble, brush, litter or other flammable materials that endanger the public safety by creating a fire hazard. 7. "Rubbish" means waste matter, litter, trash, refuse, debris and dirt on streets, or private property in the jurisdiction that is, or when dry may become a fire hazard. 8. “Streets" include alleys, parkways, driveways, sidewalks and areas between sidewalks and curbs. 9. "Person" includes individuals, firms, partnerships and corporations. 10. "Cost of Abatement" shall include all expenses incurred by jurisdiction, including administrative costs, in its work of abatement undertaken pursuant Section 318 of this ordinance. 11. "Superintendent" shall mean the City Manager or designee. Section 319.3 Declaration of Policy. The City Council, as the supervising, legislative and executive authority of this jurisdiction, hereby declares that the removal of dry grass, stubble, brush, rubbish, litter or other flammable ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 24 of 32 material which creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous is a matter of extreme municipal importance. The City Council hereby adopts the following Fire Hazard Abatement Program for the purpose of abating fire hazards caused by the presence of dry grass, stubble, brush, rubbish, litter or other flammable material on private properties within the City. This program shall be conducted in accordance with the provisions of Government Code Sections 39560-39588 as those sections presently exist or as may be amended. The City Manager or designee shall be deemed the street superintendent for the purpose of carrying out the provisions of this policy. Section 319.4 Abatement Procedures a. The City Council of El Cerrito shall declare by resolution annually, or as often as may be necessary, those properties which are deemed public nuisances because of the presence of dry grass, stubble, brush, rubbish, litter or other flammable material which creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous. b. The resolution may also declare that certain identified properties are seasonal and recurrent nuisances as defined by Government Code Section 39562.1 c. The resolution shall designate a date, time and place for a hearing at which the owners of the properties identified in the resolution may object to the designation of their properties as public nuisances, and object to the abatement actions proposed by the City as authorized by Government Code Sections 39560-39588. d. Written notice shall be provided to the owners of the properties identified in the resolution informing them of the date, time and place of the hearing. This notice shall be in substantially the same form as contained in Government Code Section 39566. Notice to the owners of those properties declared seasonal and recurrent nuisances shall incorporate the provisions contained in Government Code Section 39562.1. The notice shall be served as provided for in Government Code Sections 39564-39567.1. e. At the hearing, the City Council shall hear and consider all objections. By resolution, the City Council shall allow or overrule these objections. The City Council shall also order the City Manager or designee to abate the public nuisances conditions at the properties designated in the initial resolution by having the dry grass, stubble, brush, rubbish, litter or other flammable material which creates a fire hazard, a menace to the public health or which is otherwise noxious or dangerous removed. f. The City Manager may abate these public nuisance conditions either through the use of City employees or by private contract. The City Manager is authorized to execute such public contracts as may be necessary to abate these public nuisance conditions. g. The City Manager shall keep a report of the cost of abatement for each property subject to the City Council resolution. At such time as the City Manager deems appropriate, a hearing shall be scheduled before the City Council for confirming the report. Notice shall be mailed to ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 25 of 32 each property owner at least five days before the date of the hearing. The notice shall inform the property owner of the costs of abatement of the public nuisance conditions on the property; date, time and place of the hearing at which the property owner may object to the report; and a statement that if the report is confirmed by the City Council, that the costs of tax bill levied against the parcel for collection at the time and in the manner of ordinary municipal taxes. The report shall also be posted at least three days prior to the hearing date at or near the hearing place as required by Government Code Section 39575. h. At the time fixed for the hearing, the City Council shall consider the report and hear any objections from the property owners liable to be assessed the costs of abatement. The City Council may modify the report if it is deemed necessary. The City Council may also establish installment payments for the abatement costs as provided for in Government Code Section 39581. At the conclusion of the hearing, the City Council shall confirm the report by resolution. i. The cost of abatement upon each property and the costs incurred by the City in enforcing the abatement shall constitute a special assessment against the property as provided for in Government Code Section 39577. A lien shall attach to the property upon recordation of the order confirming the assessment by the County Recorder. On or before August 10th of each year, the City Manager shall file a certified copy of the report with the County Auditor. As authorized by Government Code Section 39581, the amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes, subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes. Section 319.5 Alternate Mitigation. In lieu of ordering abatement of fire hazards as provided in Section 319.4, the Fire Chief may order the preparation of firebreaks/fuel breaks around parcels of property when combustible weeds, crops, or brush is present. In determining the proper width of firebreaks/fuel breaks, the Fire Chief shall consider the height of the growth, weather conditions, topography and accessibility to the property of fire protection equipment. The procedure set forth in Section 319.4 for the abatement of weeds and rubbish shall also apply to the preparation of firebreaks/fuel breaks. Section 318.6 Alternate Procedures The procedures provided for by this Article are an alternative to any other procedure adopted by the City Council for the abatement of public nuisances, such as Chapter 8.34 of the El Cerrito Municipal Code, or which may be authorized by the law of the State of California. Section 318.7 Peat Fire, Penalties Therefore a. It is the duty of each person, firm, corporation or association not to permit on their property a peat fire in, or a fire involving combustible vegetable materials under the surface of the natural ground. It is hereby declared that it is the duty of any person as herein defined to take all necessary precautions to extinguish any subsurface fire involving peat or vegetative material at ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 26 of 32 his/her own cost and expense. b. If there exists upon the lands of any person herein defined, subsurface fire involving the burning or combustion of peat or vegetative matter, and the owner or occupant thereof has not taken reasonable precautions within a reasonable time to extinguish or minimize such fire or combustion, the City of El Cerrito may, in addition to its regular duties to extinguish or minimize such fire or combustion, enter upon the lands of any person as herein defined and extinguish such fire or combustion. Any costs incurred by the Fire Department in fighting the fire and for the cost of providing rescue or emergency medical services shall be a charge against said person. The charge shall constitute a debt of that person and is collectable by the fire department incurring those costs in the same manner as in the case of an obligation under contract, express or implied. (Health & Safety Code 13009.) 16.26.170 Chapter 4 Section 401.5 Amended - Making false report Section 401.5 is amended by adding an additional sentence: Section 401.5 A charge may be made for excessive false alarms. 16.26.180 Chapter 5 Sections 503, 504, 505 and 507 Amended -Fire Service Features Chapter 5 Sections 503, 504, 505 and 507 are amended as follows. Section 503.4 is amended by adding Section 503.4.2: Section 503.4.2 When approved, gates and barriers may be installed across or over Fire Department access roads. These installations shall meet the standards approved by the Fire Chief and design shall be approved prior to installation. Section 504.1 is amended by adding: 504.1.1 Exterior exit pathway surfaces leading from an exit to a public way shall be maintained and suitable for pedestrian use in all weather conditions. Section 505 is amended by adding 505.1.1 505.1.1 Approved address numbers attached to the building or the primary address of the building shall be internally or externally illuminated. Section 507.1 is amended by adding a preface sentence to read as follows: The type of water supply provided shall meet the standards approved by the Fire Chief. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 27 of 32 16.26.190 Chapter 6 Section 603.6 Amended - Building Services and Systems Section 603.6 is amended by adding subsection 603.6.6: Section 603.6.6 Spark Arrester. Chimneys used with fireplaces or heating appliances in which solid or liquid fuel is used shall be maintained with a spark arrester as required for incinerators by the mechanical code. 16.26.200 Chapter 9 Section 903.2 Amended – Automatic Fire Extinguishing Systems Section 903.2 is amended by adding 903.2.20: 903.2.20. An automatic fire extinguishing system shall be required in all occupancies of 5000 square feet or greater. 16.26.210 Chapter 9 Section 903.2 Amended - Automatic Fire Sprinkler Systems Section 903.2 is amended by adding subsections 903.2.20.1 through 903.2.20.6 Section 903.2.20.1 Fire Department Delivery Capability. An automatic fire sprinkler system shall be installed in all new buildings or occupancies or in existing buildings or structures that change occupancy classification or use when the required fire flow exceeds 2,000 GPM, or the total floor area exceeds 5,000 square feet. For the purpose of this section, buildings separated by area separation walls, as set forth in Section 706 of the California Building Code, shall not be considered to create separate buildings unless such walls are constructed as specified in the California Fire Code. Section 903.2.19.2 Undetermined Occupancy. When fire sprinkler systems are required in buildings of undetermined occupancy, they shall be designed and installed to have a sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with a minimum design area of 3,000 square feet. Occupancy is considered undetermined if not classified at the time the building permit is issued. Where a subsequent occupancy requires a fire sprinkler system of greater density than Ordinary Hazard Group 2, the system shall be upgraded to such use. Section 903.2.20.3 Response Times. An automatic fire sprinkler system shall be installed in all new buildings or occupancies when any of the following requirements is exceeded. Section 903.2.20.4 Run Times. A maximum running time of 3 minutes or a maximum response time of 5 minutes from the first-due station. Times shall be measured by the most direct route on surface streets. Section 903.2.20.5 Distance from Fire Apparatus Access. The Fire Chief may require installation of automatic fire sprinkler system when the exterior wall of the 1st story is located more than 150 feet from approved fire apparatus access. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 28 of 32 Section 903.2.20.6 Other Codes. An automatic sprinkler system shall be installed in all other occupancies as may be required by the Uniform Building Code or the California Building Code. 16.26.220 Chapter 9 Section 905.3.1 Amended - Standpipe Systems Section 905.3.1 Subsection is amended by replacing subsection in its entirety: Section 905.3.1 Subsection "three stories" or more in height replaces four stories or more in height. Section 905.3.1 is amended by adding subsection 5. When standpipes are required and the building is equipped with automatic fire sprinklers, a class one standpipe(s) is required and the standpipe shall be interconnected with the fire sprinkler system. 16.26.230 Chapter 9 Section 907.2 Amended - Fire Alarm and Detection Systems Section 907.2 is amended by adding subsection 907.2 A: Section 907.2 A. At the discretion of the Fire Chief, single-station smoke alarms or multiple- station smoke alarms may be required to be connected to an approved 24-hour monitored fire alarm system. 16.26.240 Chapter 9 Section 907.8.2 Amended - Record of completion Section 907.8.2 is amended by adding subsection 907.8.2.1 Section 907.8.2.1 Acceptance, maintenance and testing records. A copy of acceptance, maintenance and testing records shall be maintained on site and shall be available to the city upon request. 16.26.250 Chapter 10 Section 1008.1.10 Amended - Panic and fire exit hardware. Section 1008.1.10 Exception is amended by adding the following sentence: The use of this exception may be revoked by the Fire Chief or the Building Official for due cause. 16.26.260 Chapter 10 Section 1027.5 Amended - Exit and pathways Section 1027.5 is amended by adding Subsection 1027.5.1: Section 1027.5.1. Exterior Exit Pathways. Exterior exit pathway surfaces leading from an exit to a public way shall be maintained and suitable for pedestrian use in all weather conditions. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 29 of 32 16.26.270 Chapter 50 Section 5001.2 Added - Hazardous Materials Section 5001.1 is amended by adding subsection 5001.1.2: Section 5001.1.2 Coordinated Enforcement. Where the Contra Costa County Health Services Department is enforcing State Health and Safety and/or County health regulations, the Fire Department will coordinate efforts to eliminate duplication of time and resources to comply with hazardous material regulations. When approved by the Fire Chief equivalent documentation and compliance may be accepted in lieu of requirements of Appendix E. Where Contra Costa County Health & Safety regulations and California Fire Code regulations conflict, the more restrictive provisions shall prevail. Exception: Where state or county regulations specifically limit or pre-empt local regulations to be more restrictive. 16.26.280 Chapter 50 Section 5004.1 Amended - General Provisions Section 5004.1 is amended by adding 5004.1. A, and 5004.1. B A. The limits referred to in Section 5004.1 of the California Fire Code, in to which the storage of hazardous materials is restricted are hereby established as follows: All areas within the jurisdiction shall be for retail in group M occupancies. B. Exception - A permit shall be obtained from the Fire Marshal approving on site Hazardous Materials for retail sales, storage or commercial/industrial use. 16.26.290 Chapter 53 Section 5304.2A Added - Compressed Gasses Section 5304.2 is amended by adding 5304.2A A. The limits referred to in Section 5304.2 (ch 54,58,60 through 67) of the California Fire Code, in which the storage of compressed natural gas is restricted, are hereby amended as follows: All areas within the jurisdiction without and approved permit by the Fire Marshall. 16.26.300 Chapter 56 Section 5601.1.1A Added - Explosives and Fireworks Section 5601.1.1 is amended by adding 5601.1A and Exception: A. The limits referred to in Section 5601.1 of the California Fire Code and Title 19 Division 1 Chapter 6 and 10 subchapter 3, in which the storage of storage of explosives and blasting agents is restricted, are hereby amended as follows: All areas within the jurisdiction. Exception: The Fire Marshall may authorize limited amount of explosives or blasting agents with permit. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 30 of 32 16.26.310 Chapter 57 Section 5704.2.11.6 Added - Flammable and Combustible Liquids – Below Ground Tanks Section 5704.2.11.6 is added in its entirety to read: Section 5704.2.11.6. Abandonment and status of tanks. Tanks taken out of service as a result of properties being abandoned or its use being changed shall be removed in accordance with Section 5704.2.14.2 Section 5704.2.13.1.3 is amended in its entirety to read: Section 5704.2.13.1.3 Out of Service for More Than 180 Days. Underground tanks that have been out of service for a period greater than 180 days shall be removed from the ground in accordance with Section 5704.2.14 and the site shall be restored in an approved manner. Permit requirements with the Contra Costa County Health Services Department, Environmental Division shall be complied concurrently with the permit requirements of the City. Section 5704.2.13.2.3 is deleted in its entirety. Section 5704.2.13.2.3 is amended to replace “one year” with “more than 180 days” Section 5704.2.13.2.3. Out of service for more than 180 days Aboveground tanks which have been out of service for a period greater than 180 days shall be removed in accordance with Section 5704.2.14 and the site shall be restored in an approved manner. Permit requirements with the Contra Costa County Health Services Department, Environmental Division shall be complied with concurrently with the permit requirements of the City. 16.26.320 Chapter 57 Section 5704 Amended - Flammable and Combustible Liquids - Above Ground Tanks Section 5704.2.9.6.1is amended by adding 5704.2.9.6.1A and 5704.2.9.6.1B establishment of limits of districts in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited or restricted: A. The limits referred to in Section 3406.2.4.4 of the California Fire Code, in which the storage of flammable or combustible liquids in outside above ground tanks is restricted, are hereby amended as follows: All areas within the jurisdiction without an approved permit by the Fire Marshal. B. The limits referred to in Section 3406.4 in which new bulk plants for flammable or combustible liquids are prohibited, are hereby amended as follows: Any area which is zoned other than industrial without an approved permit from the Fire Marshal. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 31 of 32 16.26.330 Chapter 58 Section 5803A Added - Flammable Gases and Flammable Cryogenic Fluids Section 5803 is amended by adding 5803A and Exception: A. Stationary containers is restricted, are hereby established as follows: All areas within the jurisdiction without an approved permit by the Fire Marshal. Exception: The Fire Marshall may authorize limited amount of explosives or blasting agents with permit. 16.26.340 Chapter 61 Section 6103.2.1.7 Amended - Liquefied Petroleum Gases - Inside Buildings Section 6103.2.1.7 is amended in its entirety to read: Section 6103.2.1.7 Individual portable containers used, stored, or handled inside of buildings used for assembly or business for people cooking, display, or similar use shall be limited in size to one quart capacity and shall be of an approved type. The number of portable containers permitted will be at the discretion of the Fire Chief or authorized representative. 16.26.350 Chapter 61 Section 6104.2A Added - Liquefied Petroleum Gases - Outside Buildings Section 6104.2 is amended by adding 6104.2 A A. The limits referred to in Section 6104.2 of the California Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby amended as follows: All areas of the jurisdiction without an approved permit from the Fire Marshal. DIVISION XII. SEVERABILITY CLAUSE If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION XIII. EFFECTIVE DATE This ordinance shall take effect thirty (30) days after passage and shall within fifteen (15) days after passage, be posted in accordance with Section 36933 of the Government Code of the State of California with the names of these City Council members voting for and against it. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 Page 32 of 32 The foregoing ordinance was introduced at a regular meeting of the City Council of the City of El Cerrito, held on the day of 2013. Adopted and ordered posted at a meeting of the City Council for the City of El Cerrito held on the 2013 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Greg Lyman, Mayor Cheryl Morse, City Clerk ---PAGE BREAK--- EL CERRITO CITY COUNCIL PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN that the El Cerrito City Council will conduct a public hearing on Tuesday, October 15, 2013 at 7:00 p.m. or as soon thereafter as the matter can be heard, in the Council Chambers at the El Cerrito City Hall, 10890 San Pablo Avenue, El Cerrito, California, for the purpose of considering the following: Adoption of an Ordinance of the City of El Cerrito which amends Title 16 of the El Cerrito Municipal Code to adopt, with modifications to address unique local conditions, the 2013 edition of the California Green Building Code, the 2013 edition of the California Building Code (Based on the 2012 International Building Code, Volumes 1 and 2, including several appendices thereto, the 2013 California Fire Code (Based on the 2012 International Fire Code), including all appendices thereto, the 2013 edition of the California Administrative Code, the 2013 edition of the California Residential Code (Based on the 2012 International Residential Code) with some appendices, the 2013 California Plumbing Code (Based on the 2012 Uniform Plumbing Code), the 2013 California Mechanical Code (Based on the 2012 Uniform Mechanical Code), and the 2013 California Electrical Code (Based on the 2011 National Electrical Code. Any person wishing to speak to the City Council on this matter is invited to attend the hearing and/or to furnish written comments to the City Council in care of the City Clerk, City of El Cerrito, 10890 San Pablo Avenue, El Cerrito, CA 94530, prior to the hearing. Comments received no later than Monday, November 11, 2013 will be included in Council agenda packets. Comments received thereafter will be submitted to Council as supplemental communications at the meeting. Copies of the codes being considered for adoption are on file with the Building Official, and are open for public inspection. You may also contact the Building Official by telephone at (510) 215-4360 if you have questions regarding the ordinance. Dated: October 10, 2013 CITY OF EL CERRITO Cheryl Morse, City Clerk Agenda Item No. 7(B) Attachment 3