Title
Public Hearing to Consider Introduction of Ordinance Amending the Alameda Municipal Code by Amending: (1) Article I (Uniform Codes Relating to Building, Housing and Technical Codes) of Chapter XIII (Building and Housing) to Adopt the 2019 Edition of the California Building Code, the 2019 Edition of the California Residential Code, the 2019 Edition of the California Historical Building Code, the 2019 Edition of the California Electrical Code, the 2019 Edition of the Plumbing Code, the 2019 Edition of the California Mechanical Code, the 2019 Edition of the California Energy Code, the 2019 Edition of the California Green Building Standards Code; and (2) Amending Section 15-1 of Chapter XV (Fire Prevention) to Adopt the 2019 Edition of the California Fire Code with Alameda Local Amendments. (Planning, Building and Transportation 209)
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). If a local jurisdiction does not adopt the California Building Standards Code by local ordinance it becomes applicable by default. In accordance with the California Health and Safety Code, The 2019 edition of the California Building Standards Code was effective in Alameda on January 1, 2020.
State law allows local jurisdictions to adopt amendments for local climatic, geological or topographical conditions. The Building Official is not recommending the need for any local amendments to the 2019 California Building Standards Code, and the Building Official is recommending deletion of the existing local amendments from the Alameda Municipal Code (AMC), because the prior local amendments are now adequately covered in the 2019 CBSC. The Fire Chief is recommending adoption of a one local amendment to the 2019 California Fire Code and deletion of a number of existing, past local amendments that are no longer needed.
Staff is recommending Introduction of a first reading of the necessary ordinances to adopt the 2019 CBSC and amend the AMC building and fire codes.
BACKGROUND
The majority of local jurisdictions adopt the published model codes and standards, including California Building Standards Code and the California Fire Code, by reference in local ordinances. If a local jurisdiction does not adopt such model codes and standards by local ordinance they become applicable by default. In accordance with the California Health and Safety Code, the 2019 edition of the California Building Standards Code became effective in City of Alameda (City) on January 1, 2020.
Because State law mandates that local jurisdictions enforce the California Building Standards Code and the Alameda Municipal Code (AMC) provides for enforcement mechanisms for all municipal code violations, adopting the model codes triennially, thereby incorporating them into the AMC, facilitates the enforcement of their provisions.
Local jurisdictions may establish standards that are more restrictive than those in the model codes and standards if reasonably necessary because of local climatic, geological, or topographical conditions.
DISCUSSION
The following discussion summarizes the current amendments to the Alameda Municipal Code that staff believes are no longer needed because of Alameda’s unique local climatic, geological or topographical conditions.
Administrative Code Amendments. The 2019 CBSC provides for permits to expire after 180 days with the provision the permits can be extended in 180 day increments by the Building Official. Staff does not see the need or justification for a local amendment to the CBSC.
Fifteen years ago, the AMC was revised to allow permits to expire after 36 months. Prior to this revision, permits expired after 180 days with the applicant being allowed to seek a one-time 180 day extension by appealing to the Housing and Building Code Appeals Board. Other existing local amendments that staff does not believe are warranted or needed deal with work without permit, posting Certificates of Occupancy and appeals. These issues are now adequately covered under the 2019 CBSC.
Building Code and Residential Codes. Staff believes that each of the following issues are adequately covered in the 2019 CBSC and a local amendment can no longer be justified as the result of local climatic, geological or topographical conditions:
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• Restricting storage areas in R occupancies to one light and one plug. Revisions to the 2019 CBSC create a new S category to address these concerns.
• Minimum 7’ ceiling height requirements and kitchen electrical upgrade requirements are now addressed in the 2019 CBSC.
• Requirements for Class A roofs and chimney spark arrestors are now incorporated in CBSC.
• Local amendments addressing issues related to the Berkeley balcony collapse have now been incorporated into the 2019 CBSC.
Electrical Code. Previous local electrical code amendments addressing service entrance conductors, wiring methods, means of attachment, wiring insulation, number of disconnects, grounding electrodes and sheathed cable are now covered in the 2019 CBSC.
Plumbing Code. Water piping in or under a concrete floor slab is now addressed in the 2019 CBSC, and local requirements for sewer lateral cleanouts is now covered by EBMUD regulations.
Fire Code. Local fire code requirements regarding pallet storage are not needed or justified. The City of Alameda requires a use permit for outdoor storage of pallets, which provides the opportunity for specific conditions related to fire.
However, due to Alameda’s unique island geography with limited access for mutual aid, the Fire Department is recommending adoption of local amendments related to fire suppression in existing single-family and duplex buildings (R-3 occupancies). The Fire Department is recommending local amendments to clarify when additional fire suppression will be required in existing R-3 occupancies. The amendments require:
• Addition of fire sprinklers whenever a single-family home or duplex is enlarged to 5,000 square feet or more, and
• Addition of a monitored alarm system whenever an existing single family home or duplex is undergoing a 100% remodel. A monitored alarm system is a system that is connected to an off-site service that will contact the fire department directly if the alarm is activated.
Appendices: The CBSC provides optional appendices that local agencies may adopt as part of the CBSC addressing specific local issues, if those issues are relevant to the local area or agency. The agency does not need to make the findings of unique topography, geography or climate to adopt an appendicles.
The Building Official and the Fire Chief are recommending that the Council re-adopt the same set of appendicles that the City Council has adopted in the past. One of the Appendices that has been adopted in the past is Appendix D: Fire Apparatus Roads. This appendix provides guidance for local jurisdictions when establishing access for fire apparatus (fire access lane widths, turn around dimensions, regulatory signage, etc.). The appendix is used by the Fire Department as a guide when reviewing specific designs for residential and non-residential developments and subdivisions.
In response to the Council’s 2019 Referral regarding transportation design and lane widths, staff is working on a draft Council policy for Council consideration in March that will establish citywide policy for lane widths for truck routes, bike lanes, automobile lanes, fire lanes, etc. That forthcoming draft policy will further articulate and provide further guidance to ensure that all future new roads and redesign of existing roads appropriately balance the Council’s public safety goals regarding fire access, vision zero, automobile speeding, greenhouse gas reduction, and neighborhood design goals.
ALTERNATIVES
• Adopt the 2019 CBSC and related codes including the recommended local amendments to the Fire Code.
• Adopt the 2019 CBSC and related codes as adopted by the State of California with no local amendments.
• Take no action, which would result in the 2019 CBSC being adopted by default with no local amendments.
FINANCIAL IMPACT
There is no financial impact from the proposed action.
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 Ordinance 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 Ordinance 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 IMPACTS
The 2019 CBSC supports the City’s goals to reduce greenhouse gas emissions by adopting a local ordinance that requires more energy efficient buildings.
RECOMMENDATION
Introduce an Ordinance Amending the Alameda Municipal Code by Amending: (1) Article I (Uniform Codes Relating to Building, Housing and Technical Codes) of Chapter XIII (Building and Housing) to Adopt the 2019 Edition of the California Building Code, the 2019 Edition of the California Residential Code, the 2019 Edition of the California Historical Building Code, the 2019 Edition of the California Electrical Code, the 2019 Edition of the Plumbing Code, the 2019 Edition of the California Mechanical Code, the 2019 Edition of the California Energy Code, the 2019 Edition of the California Green Building Standards Code; and (2) Amending Section 15-1 of Chapter XV (Fire Prevention) to Adopt the 2019 Edition of the California Fire Code With Alameda Local Amendments.
CITY MANAGER RECOMMENDATION
The City Manager recommends introduction of an Ordinance amending the Alameda Municipal Code to adopt the 2019 Edition of the California Building Code and other related codes as stated above.
Respectfully submitted,
Andrew Thomas, Planning, Building and Transportation Director
By,
Gregory J. McFann Building Official
Chief Edmond Rodriguez Fire Chief
Financial Impact section reviewed,
Elena Adair, Finance Director
cc: Eric Levitt, City Manager