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101-Staff Report.pdf OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: November 16, 2010 Subject: Adoption of the 2010 CaliforniaBuilding,Residential, Plumbing,Mechanical, Electrical,Fire,Energy and Green Building Standards Codes as mandated by the State of California. Recommended Action: Adopt 2010 California Building Code Standardswith local amendments. Description: Staff recommends thatthe City Council: Amend Chapter 16.04 to adopt the 2010 California Building Code(based on the 2009 International Building Code)withlocal amendments. Add Chapter 16.06 to adopt the 2010 California Residential Code(based on the 2009 International Residential Code)with local amendments. Amend Chapter 16.16 to adopt the 2010 California Electrical Code (based on the 2008 National Electrical Code) with local amendments. Amend Chapter 16.20 to adoptthe 2010 California Plumbing Code(based on the 2009 Uniform Plumbing Code) with local amendments. Amend Chapter 16.24 to adopt the 2010 California Mechanical Code(based on the 2009 Uniform Mechanical Code) with local amendments. Amend Chapter 16.40 to adoptthe 2010 California Fire Code(based on the 2009 International Fire Code) with local amendments. Add Chapter 16.54 to adoptthe 2010 California Energy Code. Add Chapter 16.58 to adoptthe 2010 California Green Building Standards Code. Discussion: The Building Standards Commission mandates the California Code of Regulations, Title 24, also referred to as the California Building Standards Code be adopted by local jurisdictions. The California Building Standards Code is published in its entirety every three years by order of the California legislature, with supplements published in intervening years. ThelocalTri-chapter Uniform Code Committee (TUCC) takes on the responsibility to review and amend the model codesto enhance regional consistency in application and enforcement of the adopted codes. The committeedevelops standardized codes, interpretations and local amendments to maintain consistency from one jurisdiction to another. California Green Building Standards Code: On January 12, 2010, the California Buildings Standards Commission adopted the Green Building Standards Code (Cal Green) requiring all new buildings in the State of California to be more energy efficient and environmentally responsible. The Cal Green code is the nation’s first mandatory green building standards code. The new requirements include reducing water consumption by 20%, diverting 50% of construction waste from landfills and installation of low pollutant-emitting materials. Additionally, separate water meters will be required for non-residential buildings for indoor and outdoorwater use. Essentially, Cal Green has set the floor of building codes at a higher level to now incorporate green building practices to aid in the state’s efforts to impact climate change and protect the environment. This code adoptionpackage includes the adoption of the new 2010 California Green Building Standards Code. Local Amendments: Cupertino has worked with other local jurisdictions in the Bay Area to ensure consistency among amendments as part of the Tri-Chapter Uniform Code Committee. The Local Amendments included in the code adoption package that are recommended to be adoptedby City Council are equivalent to,or more stringent than,the State Codes. The proposed local amendments clean-up existing municipal code amendments in which the new 2010 Codes make them either irrelevant or outdated due to the new 2010 code standards.For example, Section 16.20.030 adopted PEX piping requirements for the City of Cupertino because older versions of the Plumbing Codeswere vague on the subject. The PEX piping requirements that are included in the 2010 California Plumbing Code are specific and have been vetted through the Building Standards Commission process and,therefore,no longer need to be includedinourMunicipal Code. A new municipal code section has been added specifically for the adoption of Appendix Chapters of the new Codes. Section 16.xx.015for each of the respective codes has beenadded to allow the reader to easily identify the Appendices that are adopted by the City of Cupertino. Other amendments include structural provisions of the code that were reviewed and recommended by the TUCC whose goal is to develop standardized codes, interpretations and local amendments to maintain consistency from one jurisdiction to another.These proposed amendments are necessary for the protection of the public health, safety and welfare, due to the local climatic, geologic or topographical conditions specified as follows: TheBay Area region is a densely populated area having buildings constructedover and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1989 Loma Prieta Earthquake. Seismically, the Cupertino is situated adjacent to active earthquake faults capable of producing substantial seismic events. The cityhas the San Andreas and Sargent-Berocal faults running through the lower foothills and the Monta Vista fault system closer to the valley floor area. The Hayward fault is just northeast of the city which would have a majoreffect upon the City if it were to rupture. Adding to this threat, the number of vehicles driven in Cupertino is steadily increasing with commuters driving to and through the city either to their homes, shopping and/or places of employment. Since the City is divided by major freeways and expressways, the occurrence of a major earthquake would significantly impact the ability of fire crews to respond to emergencies should one or more freeway/expressway bridges collapse or be substantially damaged. Additionally, fire suppression capabilities will be severely limited should the water system be extensively damaged during the seismic event. The number of vehicles on the road at any given time during the day can play a major role on the response time of emergency services thus greatly increasing the risk to property and life. The City of Cupertino also experiences low humidity, high winds and warm temperatures during the summer months creating conditions which are particularly conducive to the ignition and spread of grass, brush and structure fires. Additionally, the remoteness and steepness of hillside areas in the City significantly impacts the ability of emergency responders to extinguish or control wildland or structure fires. Fire Code Amendments: The local Fire Code amendments to the California Fire Code provided by the Dirk Mattern, Santa Clara County Deputy Chief, were thosedeveloped by the Santa Clara County Fire Marshals Association and endorsed by the Santa Clara County Fire Chiefs Associationand provided to all Cities within the Santa Clara County Fire Department jurisdiction to be included in their respective code adoption package for consistency of enforcement throughout Santa Clara County. The purpose of these proposed amendments are to include and cross-reference the previously adopted Fire Code Ordinance to the new 2010 California Fire Code. For example, amendments to the Automatic Fire Sprinkler system requirements of the 2010 California Residential Code(CRC) werenecessary because the newCRC requirements are notconsistent with our previously adopted Fire Sprinkler Ordinance.Cupertino’s Fire Sprinkler Ordinance is more restrictive. Alarge partof the revisions to the localFire Code amendments are necessary to relocate code section items due to the code section number changes in thenew State codes. The amendments to Chapter 27 and Chapter 37 are necessary in order to ensure the requirements related to hazardous materials and toxic gases in the CFC are consistent and not in conflict with the hazardous materials and toxic gas regulations found in Cupertino Municipal Code Sections 9.12 and 16.42 respectively. All other amendments, such as those to Chapter 49 regarding fire safety in the Wildland-Urban Interface Fire Area and to Chapter 5, Fire Service Features are needed because the CFC does not adequately provide the safeguards or detail necessary for specific subject areas to address the local conditions encountered in the City of Cupertino. Effective Date of Code Adoption: The 2010 California Building, Residential, Plumbing, Mechanical, Electrical, Fire, Energy and Green st Building Standards Codes as mandatedby the State of California will become effective on January 1, 2011.The local amendments to the state adopted codes become effective on the 31st day after the 2nd reading. Because of Cupertino’s code adoption schedule, the local amendments will not go into stth effective until January 7, 2011. Plans submitted after January 1and before January 7will be required to comply only with the 2010 California Codes andnot subject to the adopted local amendments. Plans th submitted on or after January 7will be subject tothe 2010 California Codes as well as the adopted local amendments. League of California Cities: TheLeague of California Cities provides legislative briefings asan overview of upcoming legislative issues and information regarding new laws for 2011 which will affect all cities.These briefings are designed to help city officials stay up to date and in compliance with the new laws.Because the League th of California's Cities’update for bills effective in 2011 arenot available until November10, 2010, any legislative amendments required to be included in the ordinancewill need to be deferred. Staff is bringing the Code adoption and local amendments to the Council in order to have them become effective in January 2011 when the new State Code goes into effect. The State Code will go into effect in January 1, 2011 and the local amendments will go into effect onJanuary 7, 2011.A supplemental staffreport and ordinance change may be necessary upon review of the legislative changes scheduled to be released soon after the publication of this report. _____________________________________ Prepared by: Albert Salvador, Building Official Reviewed by:Aarti Shrivastava, Community Development Director Approved for Submission by:David W. Knapp, City Manager Attachments:Draft Ordinance