For City Council Meeting [November 15, 2022]
TO: Honorable Mayor and City Council
APPROVAL: Marcus Fuller, City Manager
FROM: Jesse Sanchez, Chief Building Official
Title
Request City Council to (1) Introduce for First Reading Ordinance No. 1672 AMENDING CHAPTER 15.08 OF THE RIALTO MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING CODES OF THE CALIFORNIA CODE OF REGULATIONS. TO INCLUDE: 2022 CALIFORNIA BUILDING CODE, 2022 CALIFORNIA RESIDENTIAL CODE, 2022 CALIFORNIA PLUMBING CODE, 2022 CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 CALIFORNIA ENERGY CODE, 2022 CALIFORNIA HISTORICAL BUILDING CODE, 2022 CALIFORNIA EXISTING BUILDING CODE, 2022 CALIFORNIA REFERENCED STANDARDS CODE AND 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE WITH APPENDICES AND AMENDMENTS; and (2) Set a Public Hearing for December 13th, 2022, to Conduct the Second Reading and Adopt the Ordinance.
Body
BACKGROUND
The State of California Health and Safety Code requires local governments to adopt the most recent editions of the model codes related to construction. The California Building Codes are updated every three years to implement the most recent technology and standards as it relates to building requirements for new and existing structures. These revisions also update the proper methods and procedures for best maintenance and repair practices for existing structures. The State requires that California cities adopt each revision of the California Building Code every 3 years.
On December 10, 2019, the City adopted the 2019 Building Codes along with the adoption of the 2018 International Property Maintenance Code. These are the operative building and property maintenance codes through the end of calendar year 2022.
If approved, the attached ordinance will amend Chapter 15 by repealing references to the prior editions of the model codes.
The list below identifies the codes adopted and the model codes upon which the 2022 Title 24 is based:
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California Building Standards Code |
Reference Model Code |
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2022 California Building Code |
2021 International Building Code (ICC) |
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2022 California Residential Code |
2021 International Residential Code (ICC) |
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2022 California Plumbing Code |
2021 Uniform Plumbing Code (IAPMO) |
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2022 California Mechanical Code |
2021 Uniform Mechanical Code (IAPMO) |
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2022 California Electrical Code |
2020 National Electrical Code (NFPA) |
The construction codes proposed for adoption by reference with amendments include the following:
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2022 California Building Code |
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2022 California Residential Code |
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2022 California Plumbing Code |
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2022 California Mechanical Code |
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2022 California Electrical Code |
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2022 California Green Building Standards Code |
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2022 California Energy Code |
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2022 California Historical Building Code |
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2022 California Existing Building Code |
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2022 California Referenced Standards |
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2021 International Property Maintenance Code |
ANALYSIS/DISCUSSION:
The proposed Ordinance amends Title 15 (Buildings and Construction) of the Rialto Municipal Code to allow adoption of the 2022 California Building Codes and the 2021 International Property Maintenance Code. Adoption of the Ordinance will comply with the state mandate.
The City will maintain copies of the adopted codes and will make them available for public review at the Community Development and City Clerk Departments.
The 2022 code adoption will revise the previous 2019 codes. The new Codes do have significant implications for future construction, most notably in the areas of energy regulations:
1. Residential Development - In addition to more restrictive insulation and U-factor requirements for windows, the energy code now includes electric ready mandatory requirements for all newly constructed projects. This requires future ready electrical circuitry wherever fuel burning appliances are proposed (i.e., water heater, dryer, furnace, and cooktop). The energy code will also require new homes to be pre-wired for the future installation of a battery back-up Energy Storage System (ESS), the future ESS is a complimentary component of the PV solar system which is currently required under the 2019 code. Since the transition from gas to electrical appliances will increase demand on the electrical system, the energy code is also now requiring a minimum buss rating of 225 amps for electrical main service panels.
2. Non-Residential Development - In addition to more restrictive insulation and U-factor requirements for windows, certain newly constructed projects will now require both solar PV and battery storage systems
The Building Division has already started communicating with the community and developers of the upcoming changes and has posted written communication in the office to educate and aid towards a smooth transition. Pursuant to the California Department of General Services website, Information Bulletin 22-01 (Exhibit D) states that all applications for a building permit submitted on or after 1/1/23 are subject to compliance with the 2022 California Building Standards Code. On the other hand, the 2019 California Building Standards Code remains in effect and is applicable to all plans and specifications for, and to construction performed, where the application for a building permit is received on or before 12/31/22.
This code adoption also includes organizational changes to Title 15, Chapter 15.08 by repealing and relocating certain chapters as well as creating new individual chapters for each adopted code. The changes requested are as follows:
Chapter 15.08 - BUILDING CODES (Renamed)
Chapter 15.08.010 - DEFINITIONS
Chapter 15.08.020 - ENFORCEMENT - Repealed
Chapter 15.08.030 - ADMINISTRATION - Repealed
Chapter 15.08.020 - BUILDING CODE - New
Chapter 15.08.030 - RESIDENTIAL CODE - New
Chapter 15.08.040 - PLUMBING CODE - New
Chapter 15.08.050 - MECHANICAL CODE - New
Chapter 15.08.060 - ADOPTION BY REFERENCE - Repealed
Chapter 15.08.060 - ELECTRICAL CODE - New
Chapter 15.08.070 - GREEN BUILDING STANDARDS CODE - New
Chapter 15.08.080 - MODIFICATIONS - Repealed
Chapter 15.08.080 - ENERGY CODE - New
Chapter 15.08.090 - HISTORICAL BUILDING CODE - New
Chapter 15.08.100 - EXISTING BUILDING CODE - New
Chapter 15.08.110 - REFERENCED STANDARDS CODE - New
Chapter 15.08.120 - PROPERTY MAINTENANCE CODE - New
Chapter 15.08.130 - PARTIAL INVALIDITY (Relocated from 15.08.070)
Chapter 15.08.140 - COMPLETION OF CONSTRUCTION (Relocated from 15.08.090)
Chapter 15.08 - ADMINISTRATIVE AND GENERAL of the Rialto Municipal Code is recommended to be renamed BUILDING CODES. The renaming of this chapter is appropriate given it is the chapter containing all building codes, thereby giving a clearer indication of its intended purpose.
Chapter 15.08.020 - ENFORCEMENT and Chapter 15.08.030 - ADMINISTRATION of the Rialto Municipal Code are recommended to be removed. The proposed Building Code amendment now includes full administrative provisions necessary to ensure the City has full administration and enforcement parameters needed for Title 15 implementation. Removal of these chapters streamlines the process and eliminates possible conflicts between the codes.
Chapter 15.08.080 - MODIFICATIONS of the Rialto Municipal Code is also recommended to be removed. This chapter is no longer necessary due to the proposed chapter re-organization, which now locates code amendments immediately within each respective code chapter.
Chapter 15.08.070 - PARTIAL INVALIDITY has been relocated to Chapter 15.08.130, and Chapter 15.08.090 - COMPLETION OF CONSTRUCTION has been relocated to Chapter 15.08.140. These chapters were relocated to keep all the new chapters of the code together in numerical sequence starting from Chapter 15.08.020 - BUILDING CODE to Chapter 15.08.120 - PROPERTY MAINTENANCE CODE.
This action requests that the City Council conduct the First Reading of the Proposed Ordinance and Set the Public Hearing for December 13, 2022, to consider adoption on Second Reading.
The Public Hearing Notice satisfying the requirements of Section 6066 of the Government Code is attached hereto as Exhibit A. The City must publish the Notice for two successive weeks prior to the Public Hearing, with at least five days intervening between publication dates. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day, including the first day.
ENVIRONMENTAL IMPACT:
The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the
environment under Title 14 of the California Code of Regulations, Section 15061(b)(3). No further environmental review is necessary.
GENERAL PLAN CONSISTENCY:
The City of Rialto General Plan establishes various guiding principles, goals, and objectives through which the City looks to improve the community and protect the quality of life for our residents.
Guiding Principle No. 1 states: Rialto is a family first community and essential services and amenities must meet the needs and desires of our families.
LEGAL REVIEW:
The City Attorney reviewed and approved the staff report, proposed Ordinance, and Public Hearing Notice.
FINANCIAL IMPACT:
Adoption of the 2022 California Building Code Series and the 2021 International Property Maintenance Code will not impact the City’s revenue from the issuance of building permits. The actual amount of revenue to the City will depend upon the level of building activity experienced by the City.
The Building Code will have significant impacts upon the development community, primarily due to the solar mandate for new construction.
ENVIRONMENTAL IMPACT
The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment under Title 14 of the California Code of Regulations, Section 15061(b)(3). No further environmental review is necessary.
GENERAL PLAN CONSISTENCY
The City of Rialto General Plan establishes various guiding principles, goals, and objectives through which the City looks to improve the community and protect the quality of life for our residents.
Guiding Principle No. 1 states: Rialto is a family first community and essential services and amenities must meet the needs and desires of our families.
LEGAL REVIEW
The City Attorney has reviewed and supports this staff report
FINANCIAL IMPACT
The adoption of the proposed Codes will not have any fiscal impact on the City’s budget.
RECOMMENDATION
1. Adopt the attached resolution of the City Council of the City of Rialto, California, setting forth findings with respect to local climatic and geographic conditions within the City of Rialto to allow certain modifications and changes to the California Building Code, California Residential Code, and California Electric Code as amended by the State of California; and,
2. Introduce the attached ordinance for first reading and set for second reading at the Council’s December 13, 2022 meeting. This procedure is in accordance with California Government Code Title 5, Division 1, Part 1, as published by the Building Standards Bulletin 22-02.