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Home My WebLink About110122-08.1 ADMINISTRATIVE STAFF REPORT 8.1 TO: Mayor and Town Council November 1, 2022 SUBJECT: Ordinance No. 2022-06, repealing existing Chapters 10-1 through 10-7, 10- 13 through 10-15, 10-18 and 10-19 of the Danville Municipal Code and adding new Chapters 10-1 through 10-7, 10-13 through 10-15, 10-18 and 10-19 to the Danville Municipal Code adopting the 2022 California Building Codes BACKGROUND Every three years the California Building Standards Commission (“Commission”) adopts a new set of building codes. The latest set of codes were adopted by the Commission in 2022 and become effective January 1, 2023 (as will this proposed ordinance). Once adopted by the Commission, these codes become the minimum standard for construction throughout the state. Local agencies are authorized by law to adopt more stringent standards if they are based on environmental, geologic, topographic, or climatic conditions unique to that jurisdiction. Without any local action, the California codes are binding on local agencies. Even without making local changes, almost all jurisdictions adopt the California codes by reference to ensure consistency. The California codes proposed for adoption are: • 2022 California Building Code • 2022 California Residential Code • 2022 California Electrical Code • 2022 California Mechanical Code • 2022 California Plumbing Code • 2022 California Fire Code (as amended by the San Ramon Valley Fire Protection District) • 2022 California Green Building Standards Code • 2022 California Administrative Code • 2022 California Energy Code • 2022 California Referenced Standards Code • 2022 California Historical Building Code • 2022 California Existing Building Code Adoption of Building Codes 2 November 1, 2022 All of these codes replace the 2019 versions previously adopted by the Town. DISCUSSION Town staff is not proposing any local amendments to the California codes approved by the State. With respect to the Fire Code, the San Ramon Valley Fire Protection District will be adopting some local amendments to the state code through their Ordinance No. 2022-37. Under state law, the District must submit their proposed changes to Danville, San Ramon and Contra Costa County. Each of these entities may ratify, deny or modify the District ordinance, based on written findings. Town staff has reviewed the District’s proposed ordinance and is in full agreement with the amendments, with the exception of additional automatic sprinkler requirements. In prior years, the Town Council has specifically declined to adopt those additional requirements, instead deferring to the state standards. The draft ordinance excludes those sections from the District ordinance. Fire District staff has consulted closely with Town staff and understands this decision. The findings in the Town ordinance mirror those used in prior code cycles to support this decision. PUBLIC CONTACT Notice of this hearing was published in a newspaper of general circulation. Posting of the meeting agenda serves as notice to the general public. FISCAL IMPACT None. Adoption of Building Codes 3 November 1, 2022 RECOMMENDATION Introduce and read by title only Ordinance No. 2022-06, repealing existing Chapters 10-1 through 10-7, 10-13 through 10-15, 10-18 and 10-19 of the Danville Municipal Code and adding new Chapters 10-1 through 10-7, 10-13 through 10-15, 10-18 and 10-19 to the Danville Municipal Code adopting the 2022 California Building Codes, and return for second reading on November 15, 2022. Prepared by: Stacey Gill Chief Building Official Reviewed by: Diane J. Friedmann Deputy Town Manager Attachment: Ordinance No. 2022-06 ORDINANCE NO. 2022-06 REPEALING EXISTING CHAPTERS 10-1 THROUGH 10-7, 10-13 THROUGH 10-15, 10-18 AND 10-19 OF THE DANVILLE MUNICIPAL CODE AND ADDING NEW CHAPTERS 10-1 THROUGH 10-7, 10-13 THROUGH 10-15, 10-18 AND 10-19 TO THE DANVILLE MUNICIPAL CODE ADOPTING THE 2022 CALIFORNIA BUILDING CODES The Danville Town Council does ordain as follows: SECTION 1. REPEALING CHAPTERS 10-1 THROUGH 10-7, 10-13 THROUGH 10-15, 10-18 AND 10-19 OF THE DANVILLE MUNICIPAL CODE Chapters 10-1 through 10-7, 10-13 through 10-15, 10-18 and 10-19 of the Danville Municipal Code are hereby repealed. SECTION 2. FINDINGS. The Danville Town Council makes the following findings with regard to adoption of this ordinance: A. California Health and Safety Code Section 13869.7 allows fire protection districts to adopt building standards more stringent than those adopted by the State Fire Marshall and contained in the State Building Code. Should a fire protection district do so, the cities and counties served by that district may ratify, modify or deny those standards after adopting written findings in support of such decision and must notify the district of that action. B. The San Ramon Valley Fire Protection District has introduced Ordinance No. 2022-37, which contains building standards more stringent than those adopted by the State Fire Marshall with respect to certain sprinkler requirements. C. The Danville Town Council modifies Ordinance No. 2022-37 by denying Sections 903.2.1.1 through 903.2.7 and 903.2.9 through 903.2.22, related to automatic sprinkler systems, based on the following findings: i. The State Building Code contains requirements for fire sprinkler systems. ii. The cost of such sprinkler systems adds to the cost of construction for residential and commercial remodeling projects. iii.The San Ramon Valley Fire Protection District provides outstanding fire protection service to Danville residents, as evidenced by their accreditation by the Commission on Fire Accreditation and the ISO 2 rating for the District. iv.Given the outstanding service provided by the District, the small DocuSign Envelope ID: 195C2950-B2F8-4E82-8558-682C0A00510C PAGE 2 OF ORDINANCE NO. 2022-06 number of structure fires occurring within the Town and the fire safety standards found in the State Building Code, the Town Council finds that the additional costs required by the denied sections of Ordinance No. 2022-37 would constitute an undue burden on property owners within the Town. SECTION 3. ADDING CHAPTERS 10-1 THROUGH 10-7, 10-13 THROUGH 10-15, 10- 18 AND 10-19 TO THE DANVILLE MUNICIPAL CODE Chapters 10-1 through 10-7, 10-13 through 10-15, 10-18 and 10-19 are hereby added to the Danville Municipal Code to read as follows: 10-1 BUILDING CODE 10-1.1 Adoption The California Building Code, Part 2 of Title 24 the California Code of Regulations, Volumes 1 and 2, 2022 Edition, as published by the International Code Council, and as adopted and amended by the California Building Standards Commission pursuant to Health and Safety Code Section 17922, is adopted in its entirety. 10-2 RESIDENTIAL CODE 10-2.1 Adoption The California Residential Code, Part 2.5 of Title 24 the California Code of Regulations, 2022 Edition, as published by the International Code Council, and as adopted and amended by the California Building Standards Commission pursuant to Health and Safety Code Section 17922, is adopted in its entirety. 10-3 ELECTRICAL CODE 10-3.1 Adoption The California Electrical Code, Part 3 of Title 24 the California Code of Regulations, 2022 Edition, as published by the National Fire Protection Association, and as adopted and amended by the California Building Standards Commission pursuant to Health and Safety Code Section 17922, is adopted in its entirety. 10-4 MECHANICAL CODE 10-4.1 Adoption The California Mechanical Code, Part 4 of Title 24 the California Code of Regulations, DocuSign Envelope ID: 195C2950-B2F8-4E82-8558-682C0A00510C PAGE 3 OF ORDINANCE NO. 2022-06 2022 Edition, as published by the International Association of Plumbing and Mechanical Officials, and as adopted and amended by the California Building Standards Commission pursuant to Health and Safety Code Section 17922, is adopted in its entirety. 10-5 PLUMBING CODE 10-5.1 Adoption The California Plumbing Code, Part 5 of Title 24 the California Code of Regulations, 2022 Edition, as published by the International Association of Plumbing and Mechanical Officials, and as adopted and amended by the California Building Standards Commission pursuant to Health and Safety Code Section 17922, is adopted in its entirety. 10-6 FIRE CODE 10-6.1 Adoption The California Fire Code, Part 9 of Title 24 the California Code of Regulations, 2022 Edition, as published by the International Code Council, and local amendments adopted by the San Ramon Valley Fire Protection District through their Ordinance No. 2022-37, with the following modifications: a.Sections 903.2.1.1 through 903.2.7 and 903.2.9 through 903.2.22 are deleted in their entirety and the underlying provisions of the California Fire Code shall apply. 10-7 GREEN BUILDING STANDARDS CODE 10-7.1 Adoption The California Green Building Standards Code, Part 11 of Title 24 the California Code of Regulations, 2022 Edition, also known as CalGreen, as published by the California Building Standards Commission pursuant to Health and Safety Code Section 17922, is adopted in its entirety. 10-13 ADMINISTRATIVE CODE 10-13.1 Adoption The California Administrative Code, Part 1 of Title 24 the California Code of Regulations, 2022 Edition, as published by the California Building Standards Commission pursuant to Health and Safety Code Section 17922, is adopted in its entirety. 10-14 ENERGY CODE DocuSign Envelope ID: 195C2950-B2F8-4E82-8558-682C0A00510C PAGE 4 OF ORDINANCE NO. 2022-06 10-14.1 Adoption The California Energy Code, Part 6 of Title 24 the California Code of Regulations, 2022 Edition, as published by the California Building Standards Commission pursuant to Health and Safety Code Section 17922, is adopted in its entirety. 10-15 REFERENCED STANDARDS CODE 10-15.1 Adoption The California Referenced Standards Code, Part 12 of Title 24 the California Code of Regulations, 2022 Edition, as published by the California Building Standards Commission pursuant to Health and Safety Code Section 17922, is adopted in its entirety. 10-18 HISTORICAL BUILDING CODE 10-18.1 Adoption The California Historical Building Code, Part 8 of Title 24 the California Code of Regulations, 2022 Edition, as published by the California Building Standards Commission pursuant to Health and Safety Code Section 17922, is adopted in its entirety. 10-19 EXISTING BUILDING CODE 10-19.1 Adoption The California Existing Building Code, Part 10 of Title 24 the California Code of Regulations, 2022 Edition, as published by the California Building Standards Commission pursuant to Health and Safety Code Section 17922, is adopted in its entirety. SECTION 4. CODIFICATION Section 3 of this ordinance shall be codified in the Danville Municipal Code. SECTION 5. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a summary of this ordinance published twice in a newspaper of general circulation, once within five (5) days before its adoption and once within 15 (fifteen) days after adoption. This ordinance shall become effective on January 1, 2023. SECTION 6. SEVERABILITY DocuSign Envelope ID: 195C2950-B2F8-4E82-8558-682C0A00510C PAGE 5 OF ORDINANCE NO. 2022-06 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 Danville Town Council hereby declares that they 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 was declared invalid. The foregoing Ordinance was introduced on November 1, 2022, and approved and adopted by the Danville Town Council at a regular meeting held on November 15, 2022, by the following vote: AYES: NOES: ABSTAINED: ABSENT: _______________________ MAYOR APPROVED AS TO FORM: ATTEST: _______________________ CITY ATTORNEY CITY CLERK CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 2022-06 of said Town and that said ordinance was published according to law. Dated: __________________________ _________________________________ City Clerk of the Town of Danville DocuSign Envelope ID: 195C2950-B2F8-4E82-8558-682C0A00510C