Title
Introduction of Ordinance Amending the Alameda Municipal Code by Amending: (1) Article I (Uniform Codes Related to Building, Housing, and Technical Codes) of Chapter XIII (Building and Housing) to Adopt the 2022 Edition of Chapter 1, Division II Scope and Administration, the 2022 Edition of the California Building Code, the 2022 Edition of the California Residential Code, the 2022 Edition of the California Historical Building Code, the 2022 Edition of the California Electrical Code, the 2022 Edition of the Plumbing Code, the 2022 Edition of the California Mechanical Code, the 2022 Edition of the California Energy Code, the 1997 Edition of the Uniform Housing Code, and the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings; and (2) Adopting the 2022 Edition of the California Fire Code, Including Appendix Chapters 4, B, C, D, E, F, G, H, I, K and O, with Necessary Additions and Amendments to Section 15-1 of Chapter XV (Fire Prevention) Due to Local Climatic, Geological, or Topographical Conditions; and (3) Adopt the 2022 Edition of the California Green Buildings Standards Code with Necessary Additions and Amendments to Section 13-10 of Chapter XIII (Building and Housing) Due to Local Climatic, Geological, or Topographical Conditions. In accordance with the California Environmental Quality Act (CEQA), this action is exempt pursuant to CEQA Guidelines section 15061(b)(3). (Planning, Building and Transportation 20962710)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
Every three years, the State of California adopts a new set of technical building and fire regulations known as the California Building Standards Code (CBSC). In accordance with the California Health and Safety Code, the 2022 edition of the California Building Standards Code will be effective in Alameda on January 1, 2023.
State law allows local jurisdictions to adopt amendments for local climatic, geological or topographical conditions.
Staff is recommending introduction of an ordinance adopting the 2022 CBSC with amendments to the 2022 Green Buildings Code and 2022 Fire Code, as noted below.
BACKGROUND
Over the past 30 years, the City of Alameda (City) has adopted numerous local code amendments to address specific issues unique to Alameda. Over time the triennial code statewide CBSC revisions have gradually addressed these issues such that most local amendments are no longer needed. However, Alameda’s unique local climatic, geological or topographical conditions support the need to adopt local standards to address fire response in all new residential buildings and minimize the use of natural gas in all new buildings to address the unique threats of climate change in Alameda.
DISCUSSION
The following discussion summarizes the recommended amendments to the Alameda Municipal Code (AMC) that staff believes are needed due to Alameda’s unique local climatic, geological or topographical conditions.
Fire Code Amendments
As an island community in a severe earthquake zone that is reliant on water sources from off-island to fight fires, the City must take extra steps to limit the risks of structure fires in Alameda, especially after a major natural disaster, such as an earthquake. As an older California community, much of Alameda residential housing stock was constructed before modern fire codes were adopted.
Due to Alameda’s unique island geography with limited access for mutual aid, the City has consistently adopted amendments to the fire code to ensure adequate fire suppression in new single family and duplex residential buildings in Alameda. The Ordinance maintains the local amendment to require fire suppression in major expansions or remodels of existing single family or duplex substantial alterations that include replacement or addition of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or where over 50 percent of the existing building floor area is being remodeled, including unfinished spaces.
Green Buildings Standards Code Amendments
Alameda is an island community uniquely vulnerable to climate change and sea level rise resulting from greenhouse gas emissions as well as a community uniquely vulnerable to fires that may occur as the result of ruptured gas lines after a major earthquake. As a result, the City must take additional steps to limit the risks of structure fires in Alameda, especially after a major natural disaster and take other, immediate actions to reduce greenhouse gas emissions generated by natural gas powered appliances.
In 2021, the City Council adopted amendments to the Green Buildings Standards Code requiring all new construction citywide to be all electric with no gas hookups. This draft ordinance maintains these local amendments and adds an amendment to require major expansions or remodels of existing buildings that include replacement or addition of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or where over 50 percent of the existing building floor area is being remodeled, including unfinished spaces, shall be considered equivalent to “new construction” and subject to the all-electric new construction requirements, as defined by the ordinance.
Exceptions to the requirements are provided in the ordinance, including for projects with commercial kitchen cooking appliances, process equipment in laboratories, manufacturing or R&D uses, buildings with a valid planning entitlement or development agreement, and existing appliances outside the scope of a qualifying alteration. In addition, the Building Official has the authority to grant a modification for infeasibility. For major remodels, the “all electric” requirement applies to only those areas of the home or building that are being remodeled.
ALTERNATIVES
• Adopt the 2022 CBSC and related codes including the recommended local amendments to the Fire Code and Green Buildings Code.
• Adopt the 2022 CBSC and related codes as adopted by the State of California with only local amendments to the Fire Code.
• Direct staff to modify local amendments to the building code
• Take no action, which would result in the 2022 CBSC being adopted by default with no local amendments.
FINANCIAL IMPACT
There is no financial impact from adopting a new set of technical building and fire regulations.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
Amending the AMC to adopt the current version of the various State building codes supports General Plan policies to protect the health and safety of the community, improve energy efficiency and meet local Climate Action and Resiliency Plan goals for greenhouse gas reductions.
ENVIRONMENTAL REVIEW
Adoption of the Ordinances amending the AMC is not a project under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 and Public Resources Code section 21065 because it does not: (1) approve a project or result in a direct physical impact on the environment, or (2) contemplate known future projects, and as such, no known environmental impacts are known at this time. Instead, the proposed amendments would clarify procedural aspects related to the implementation of locally adopted building and other related codes.
As a separate and independent basis, adoption of the Ordinances amending the AMC is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
CLIMATE IMPACT
The 2022 CBSC amendments will help implement the City’s Climate Action and Resiliency Plan and its goal of reducing greenhouse gas emissions to 50% below 2005 levels by 2030.
Natural gas and the infrastructure needed to transport it to city homes and businesses is a leading source of GHG emissions in the city, and responsible for 27% of the total GHGs released in the City. To reduce these emissions, the CARP recommends requiring new development to be all-electric and to replace gas appliances and furnaces with electric ones in existing buildings.
RECOMMENDATION
Introduce an ordinance amending the Alameda Municipal Code by amending: (1) Article I (Uniform Codes Related to Building, Housing, and Technical Codes) of Chapter XIII (Building and Housing) to adopt the 2022 Edition of Chapter 1, Division II Scope and Administration, the 2022 Edition of the California Building Code, the 2022 Edition of the California Residential Code, the 2022 Edition of the California Historical Building Code, the 2022 Edition of the California Electrical Code, the 2022 Edition of the Plumbing Code, the 2022 Edition of the California Mechanical Code, the 2022 Edition of the California Energy Code, the 1997 Edition of the Uniform Housing Code, and the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings; and (2) Adopting the 2022 Edition of the California Fire Code, Including Appendix Chapters 4, B, C, D, E, F, G, H, I, K and O, with necessary additions and amendments to Section 15-1 of Chapter XV (Fire Prevention) due to local climatic, geological, or topographical conditions; and (3) Adopt the 2022 Edition of the California Green Buildings Standards Code with necessary additions and amendments to Section 13-10 of Chapter XIII (Building and Housing) due to local climatic, geological, or topographical conditions.
Respectfully submitted,
Andrew Thomas, Planning, Building and Transportation Director
Eric Shimp, Acting Building Official
Chief Nicholas Luby, Fire Chief
Danielle Mieler, Sustainability and Resilience Manager
Financial Impact section reviewed,
Margaret L. O’Brien, Finance Director
cc: Erin Smith, City Manager