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HomeMy WebLinkAbout10-25-2022 CBOA Meeting PacketCity of San Luis Obispo, Agenda, Planning Commission Agenda CONSTRUCTION BOARD OF APPEALS Tuesday, October 25, 2022 1:00 p.m. REGULAR MEETING Council Hearing Room 990 Palm Street San Luis Obispo, CA CALL TO ORDER Chair Neil Dilworth ROLL CALL : Board Members Amando Garza, Nick Graves, Christopher Wiedeman, Robert Vessely, Vice Chair Gresham Eckrich, and Chair Niel Dilworth PUBLIC COMMENT: At this time, people may address the Committee about items not on the agenda. Persons wishing to speak should come forward and state their name and address. Comments are limited to three minutes per person. Items raised at this time are generally referred to staff and, if action by the Committee is necessary, may be scheduled for a future meeting. CONSIDERATION OF MINUTES 1.Minutes of the Construction Board of Appeals of April 21, 2022 PRESENTATIONS 2.Presentation on: A.2022 edition of Title 24 and Local Municipal Code update B.Interpretation on Treehouse’s C.Recent Alternative Method and Materials Requests Recommendation: Receive the file presentation Construction Board of Appeals Agenda for October 25, 2022 Page 2 COMMENT AND DISCUSSION 3.Staff Updates A.SolarAPP+ B.Staffing C.Board Vacancies D.Future Topics ADJOURNMENT The next Regular Meeting of the Construction Board of Appeals is October 25th at 1:00pm , in the Council Hearing Room, 990 Palm Street, San Luis Obispo, California. The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the Community Development Department at (805) 781-7180 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7107. Meeting audio recordings can be found at the following web address: http://opengov.slocity.org/WebLink/1/fol/60969/Row1.aspx Construction Board of Appeals Meeting of January 4, 2022 Page 1 Minutes - DRAFT CONSTRUCTION BOARD OF APPEALS Special Meeting Tuesday, January 4, 2022 CALL TO ORDER A Special Meeting of the San Luis Obispo Construction Board of Appeals was called to order on Tuesday, January 4, at 9:25 a.m. via teleconference, by Chair Niel Dilworth. ROLL CALL Present: Board Members Robert Vessely, Amando Garza, Vice Chair Gresham Eckrich, and Chair Niel Dilworth Absent: Board Members Denise Martinez, Nick Graves, and Christopher Wiedeman Staff: Fire Marshal/Chief Building Official Roger Maggio, Assistant City Attorney and Legal Advisor to the Board Markie Jorgensen, and Administrative Assistant Michelle Karpovich PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA None --End of Public Comment-- APPROVAL OF MINUTES 1. Consideration of the Minutes of the Special Meeting of the Construction Board of Appeals of December 13, 2021: ACTION: UPON MOTION BY CHAIR DILWORTH, SECONDED BY VICE CHAIR ECKRICH, CARRIED 4-0-3 (WITH MEMBERS MARTINEZ, GRAVES AND WIEDEMAN ABSENT), to approve the Minutes of the Construction Board of Appeals Special Meeting of December 13, 2021, with the correction of the date on the footer. Item: 1 Construction Board of Appeals Meeting of January 4, 2022 Page 2 PUBLIC HEARING 2. 4080 Horizon: Consider and adopt a resolution entitled “A RESOLUTION OF THE CONSTRUCTION BOARD OF APPEALS OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING, IN PART, THE APPEAL OF WARREN FERRIS, AND UPHOLDING, IN PART, ADMINISTRATIVE CITATION NO. 25409, AND CONTINUING HEARING ON THE REMAINING VIOLATIONS TO A DATE UNCERTAIN.” ACTION: MOTION BY MEMBER VESSELY, SECONDED BY VICE CHAIR ECKRICH, CARRIED 4-0-3 (WITH MEMBERS MARTINEZ, GRAVES AND WIEDEMAN ABSENT), to approve Resolution NO. CBOA-01-22. ADJOURNMENT The meeting was adjourned at 9:37 a.m. The next Special Meeting of the Construction Board of Appeals will be announced and posted at least 72 hours in advance of the meeting date and time. APPROVED BY THE CONSTRUCTION BOARD OF APPEALS: XX/XX/XXXX Construction Board of Appeals Agenda Report Meeting Date: October 25, 2022 Item Number: 2 DATE: FROM: October 25, 2022 Rodger Maggio, Chief Building Official PREPARED BY: Michael Loew, Deputy Building Official Phone Number: (805) 781-7157 E-mail: mloew@slocity.org SUBJECT: Informational Presentation BACKGROUND: Each regularly scheduled quarterly meeting staff will present to the board recent interpretations, decisions on approved Alternative Methods and Materials Requests, and facilitate a discussion on code sections relevant to the Board’s purview. For this meeting, staff will also address the newly published California Title 24 Codes, and proposed changes to local amendments. There are no appeals for the Board to decide on at this time. The only recommended action at this time for the Board is to receive and file staff’s presentation. A. 2022 EDITION OF CALIFORNIA TITLE 24 The State of California, under various statutes and titles, requires local governments to adopt and enforce the California Building Standards Code. These codes comprise the Building and Fire regulations applicable to all local jurisdictions throughout the State. The State adopts the latest editions of model codes, with State amendments, on a triennial basis. Local jurisdictions are allowed to make amendments to the State codes that are more restrictive based on specified local conditions. Amendments must be supported and justified by findings based on local climatic, geological or topographical conditions; however, local jurisdictions are permitted to amend the administrative chapters of the code as they deem necessary. For the most part, the adoption of the codes through ordinance is ceremonial in that, regardless of what our council decides, the newly published edition of the Title 24 codes is effective statewide beginning January 2023. Refer to the July 2022, 4th Edition, of the Guide for Local Amendments of Building Standards as published by the California Building Standards Commission, and attached as Exhibit A During the code adoption process, the Building and Safety Division, in conjunction with the Fire Prevention Bureau, will focus on the accuracy of the current adopted amendments. Each code cycle section headings change, and occasionally local jurisdictions need to update their Municipal Code to ensure it is referencing the appropriate section numbers. Additionally, this code cycle will address the deletion of Chapter 1 of the model codes, propose new amendments for fire prevention standards, and remove amendments that are no longer relevant. City of San Luis Obispo, Title, Subtitle  Additionally, through the Office of Sustainability, City Council recently adopted an ordinance, which requires all newly constructed buildings to be completely electric. There are some exceptions in the ordinance that may be granted by the Director of Community Development, and it would be appropriate for CBOA members to be familiar with that section since a dispute arising from that decision may come before the board. The ordinance is attached to this report as Exhibit B. B. Interpretation on Treehouses There have been a number of complaints and code enforcement cases regarding treehouses in just the past couple of months. As a result, the following excerpt was authored by CDD leadership, and provided to staff: “Building Official Interpretation for 2019 CBC 105.2 (attached as Exhibit C) Work exempt from permit”: This section was originally written to govern work in commercial settings; but, through ordinance (SLO Municipal Code 15.04.030 [A]) this section is being applied to residential projects. In a commercial setting, Item 1 addresses playhouses and requires such structures to be permitted if they are greater than 120 square feet or over 12 feet tall (SLO Municipal Code 15.04.020 [F]1). However, a more specific code on this topic is found under Item 11, which exempts all children’s playground equipment that is accessory to detached one- and two- family dwellings. Therefore, treehouses and other playground equipment or structures that are accessory to detached one- and two- family dwellings shall be exempt from building permits. Note: This interpretation does not exempt any electrical, mechanical, or plumbing work, nor does it permit playground equipment or structures (including treehouses) to be used as habitable space, or to exist within the required setback outlined in SLO Municipal Code 17.70.170” If a homeowner wishes to erect a treehouse as a play structure, they are free to do so without a permit or inspection. Since the CBC does not regulate the construction of treehouses in single family homes, it would be counter intuitive to require a permit or attempt to perform a building code inspection. However, there is the possibility that a treehouse, or play structure of any kind, poses a risk to neighboring properties. Therefore, it is appropriate to prohibit such structures from being erected within the required setbacks established by the Municipal Code. This interpretation is unique to one- and two- family dwellings since treehouses and playground structures in commercial settings are subject to requirements from 11B (accessibility) of the California Building Code. City of San Luis Obispo, Title, Subtitle  C.Alternative Methods and Materials Requests The purpose of this section is to inform the Board of the types of determinations the Building Division is making. Alternative Methods and Materials Requests (AMMR) that are denied by the Building Division are subject to appeal before the board (CBOA Bylaw; Article 1. Functions: 1.). Therefore, staff will make it a regular habit of presenting approved AMMRs to the Board so that members are informed on how the division draws its conclusions. Over the last quarter, there have been two AMMRs approved. 1.An approved AMMR for 179 Cross Street allowed the slope of a sewer lateral to be reduced to 0.5%. The California Plumbing Code (section 708) requires sewer laterals to be installed at not less than a 2% (1/4 inch per foot) slope but permitted to be reduced to 1% if approved by the building official. This design is consistent with the City’s own policy for install sewer mains throughout the city. Additionally, the Municipal Code prohibits the use of gasket fittings for sewers; however, the use of glued fittings would create damning in the line with the reduced slope. Staff determined that by increasing the line from 4 inches to 6 inches, and by having a regular maintenance schedule, the engineered design meets the minimum intent of the code. The approved application with explanatory information is attached to the end of the report as Exhibit D 2.An approved AMMR for 1150 Laurel Lane allowed the structural stability for the Fire Walls of the building to be provided by existing structural steel protected by spray applied fire proofing with an equivalent rating to the wall, in this case 3-hours. Fire Walls are rated assemblies used to create separate buildings among connect structures. 706.2 of the CBC requires that Fire Walls remain in place in the event of a total building loss on either side of the wall. This is typically achieved as shown in this diagram: In the case of 1150 Laurel Lane, the Fire Marshal and Building Official determined that rating the structure supporting the wall would achieve the minimum intent of 706.2. The approved application with explanatory information is attached to the end of the report as Exhibit E. City of San Luis Obispo, Title, Subtitle  Exhibit A GUIDE FOR LOCAL AMENDMENTS OF BUILDING STANDARDS Information for local government and Fire Protection Districts on the requirements of state law for local amendments to building standards July 2022 4th Edition Acknowledgements Governor Gavin Newsom Secretary of the Government Operations Agency, Amy Ton Director of the Department of General Services, Ana Lasso Members of the California Building Standards Commission Chair, Secretary Amy Tong Vice Chair, Rajesh Patel Commissioners: Kent Sasaki Erick Mikiten Elley Klausbruckner Rajesh Patel Peter Santillan Juvilyn Alegre Aaron Stockwell Laura Rambin Frank Ramirez James Haskin Executive Director, Mia Marvelli Deputy Executive Director, vacant The California Building Standards Commission is a commission within the Department of General Services Visit our website at dgs.ca.gov/BSC Please submit comments and suggestions for improvements or additions to this publication to cbsc@dgs.ca.gov or mail to California Building Standards Commission Mia Marvelli, Executive Director 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Some of CBSC’s publications available on the website’s Resources page: Guide to Title 24 It’s Your Building Department Guide for Local Amendments of Building Standards Public Guide to the Building Standards Adoption Process Frequently Asked Questions Glossary of Terms i TABLE OF CONTENTS Introduction ............................................................................................... 1 Acronyms and Abbreviations ...................................................................................... 1 Applicable State Laws ................................................................................................. 2 Applicability of State Building Standards ..................................................................... 3 Availability of Referenced Laws and Regulations ....................................................... 3 Local Government’s Responsibilities ..................................................... 4 Local government enforcement ................................................................................... 4 Code by default ........................................................................................................... 4 Local amendments permitted ...................................................................................... 4 Amendments must be adopted for each new edition of Title 24 ................................. 5 Amendments must be filed with the state ................................................................... 5 Public access to code ................................................................................................. 5 Local Code Amendment Authority and Requirements .......................... 5 Local Amendments under the California Building Standards Law ............................... 6 Local Amendments under the State Housing Law ...................................................... 7 Local Amendments for Energy Conservation .............................................................. 8 Local Amendments for Universal Design in Housing ................................................ 10 Local Amendments under the Earthquake Protection Law ....................................... 11 Local Amendments for Accessory Dwelling Units ..................................................... 11 Local Amendments for Shelter Crises ....................................................................... 12 Local Amendments under the Fire Protection District Law ....................................... 13 Local Amendments for Shelter Crises – Fire and Life Safety .................................... 14 Local Amendments under the State Historical Building Code ................................... 14 Summary of Agencies for Amendment Filings ..................................... 15 Submitting Accessible Documents for Posting on CBSC’s Website .. 15 Causes for CBSC Rejection ................................................................... 16 Local Administrative Ordinances .......................................................... 17 Local Approval of Alternatives .............................................................. 17 Resources ............................................................................................... 17 ii Appendix A – Referenced Laws & Regulations .................................... 18 Health and Safety Code Sections ............................................................................. 18 Government Code Sections ...................................................................................... 19 Public Resources Code ............................................................................................ 19 Civil Code.................................................................................................................. 19 Appendix B – Title 24 Regulations ........................................................ 20 California Administrative Code, Part 1 ...................................................................... 20 California Building Code, Part 2, Scope .................................................................... 20 California Building Code, Part 2, Effective Date and Filings ..................................... 21 California Building Code, Part 2, Findings and Filings .............................................. 22 California Green Building Standards Code, Part 11 .................................................. 22 1 Introduction This guide is provided by the California Building Standards Commission (CBSC) to assist local governments with understanding requirements in state law that apply to local amendments to the California Building Standards Code, Title 24 of the California Code of Regulations (Title 24). This guide supplements the periodic Information Bulletins issued by CBSC and other state agencies regarding local amendments. While many state laws are explained and clarifying information is provided herein, not every state law pertaining to local amendments may be identified or discussed. The laws and regulations referenced are provided in Appendices A and B. CBSC’s Guide to Title 24, available at dgs.ca.gov/BSC/Resources/Guidebooks, provides background information that will be helpful when using this guide. For those not familiar with the Guide to Title 24 or the building codes, please note: • State laws (statutes) are enacted through the legislative process. • State regulations, including building standards, are enacted by state agencies for the purpose of implementing, interpreting, clarifying and carrying out the requirements of state laws. • CBSC is required by state law to perform all functions related to the adoption and publication of Title 24. • As required by state laws, CBSC and other state agencies are responsible for developing building standards for specific occupancies. • Parts of Title 24 contain model codes developed and published by national code development organizations. Model codes are adopted and amended in order to meet the requirements of California’s laws and other state mandates. Acronyms and Abbreviations The following acronyms and abbreviations are used in this guide. CBC: California Building Code, Part 2 of Title 24, California Code of Regulations CBSC: California Building Standards Commission CCR: California Code of Regulations promulgated by executive branch agencies and departments of state government to implement state laws. The CCR is divided into Titles 1 through 28. Each title contains regulations relevant to different regulated activities. Title 24 is reserved for the California Building Standards Code. CEC: California Energy Commission GOV: Government Code – State law HCD: Department of Housing and Community Development HSC: Health and Safety Code – State law 2 OAL: Office of Administrative Law PRC: Public Resources Code – State law SFM: State Fire Marshal SHBSB: State Historical Building Safety Board SHL: State Housing Law Title 24: The 24th of 28 titles of the California Code of Regulations. Title 24 contains building standards governing the design and construction of buildings throughout California. Title 25: The 25th of 28 titles of the California Code of Regulations. Title 25 contains other rules and regulations, sometimes called administrative regulations, that are not building standards adopted by the Department of Housing and Community Development. Applicable State Laws The state law that establishes the California Building Standards Code is found in the Health and Safety Code (HSC). Within the HSC, there are two main bodies of law containing provisions establishing requirements for building standards for various types of buildings, building uses, features and equipment. The definitions of a building standard are contained in HSC Section 18909. To summarize, a building standard is a regulation governing the design and construction of a building. Additionally, a building standard can be a regulation relating to the implementation or enforcement of building standards not otherwise governed by statute, but does not include procedural ordinances adopted by local government for enforcing code violations. Information on how to access state laws online is provided later in this Guide. California Building Standards Law The California Building Standards Law is located in HSC Division 13, Part 2.5, commencing with Section 18901. These provisions provide the mandates for CBSC to adopt and publish Title 24, and for the building standards to apply to all building occupancies in California. More information regarding CBSC’s functions can be found in the Public Guide to the Building Standards Adoption Process, available on the Resources tab of CBSC’s website, and in the videos About the California Building Standards Commission and About the CBSC Rulemaking Process shared in the Education and Outreach featured link. 3 State Housing Law The State Housing Law (SHL) is located in HSC Division 13, Part 1.5, commencing with Section 17910, and establishes authority for the Department of Housing and Community Development (HCD) to develop and propose building standards applicable to residential occupancies including hotels, motels, lodging houses, apartment houses, and dwellings. Such proposals are presented to CBSC for adoption and inclusion in Title 24. Additionally, HCD adopts administrative regulations (not building standards) to implement SHL. These are located in Title 25, Housing and Community Development, Division 1, Chapter 1, Subchapter 1, commencing with Section 1. SHL also requires the Office of the State Fire Marshal (SFM) to develop and propose building standards for fire and panic safety in residential occupancies including hotels, motels, lodging houses, apartment houses, and dwellings. Such building standards are presented to CBSC for adoption and inclusion in Title 24. For information about additional state laws requiring building standards for various types of buildings and building uses, refer to the California Building Code (CBC), Title 24, Part 2, Chapter 1, Division 1, Sections 1.2 through 1.14. The authority and reference sections identify the state laws that direct state agencies to adopt and promulgate building standards. This subject is explained in more detail in CBSC’s Guide to Title 24. Applicability of State Building Standards The provisions of the HSC discussed above establish that Title 24, as published and incorporating the latest editions of selected model codes, is the applicable code for all building occupancies throughout the state. Note that model codes by themselves do not include all applicable requirements for the design and construction of buildings in California. More information on this topic can be found in CBSC’s Guide to Title 24. References: HSC 17950 and 18916, 18938(b) Availability of Referenced Laws and Regulations California Law: All state laws referenced herein may be accessed at the Legislative Information website: leginfo.legislature.ca.gov Title 24: The California Building Standards Code may be accessed through CBSC’s website: dgs.ca.gov/BSC/Codes. Other CCR Titles: Titles 1 through 28 (except Title 24) may be accessed at the Office of Administrative Law (OAL) website: oal.ca.gov/ 4 Local Government’s Responsibilities Following is a summary of the responsibilities established in state law for local government regarding building standards: Local government enforcement Except for building occupancies subject to state agency enforcement, local government must enforce the current edition of Title 24. Examples of buildings subject to state enforcement include hospitals, prisons, state-owned buildings, University of California and California State University buildings, and community college buildings. Most other building types and occupancies are subject to local enforcement. Enforcement responsibilities are clarified in the California Building Code (CBC), Chapter 1, Division 1, Sections 1.2 through 1.14. References: HSC 1226(c), 13145, 13146, 13196, 17960, 17961, 17962, 18948, 18959, 19958 and 129885; GOV 4453(b) and 54350; PRC 25402; and Civil Code 55.53 Code by default A local government may adopt Title 24 by reference in their jurisdiction’s ordinances. Even if a local government does not adopt Title 24 by ordinance, Title 24 becomes the applicable code for all building occupancies by default. This is made clear in HSC Sections 17950,17958 and 18938(b), and in CBC, Chapter 1, Division 1, Section 1.1.3. Local amendments permitted Various state laws authorize local governments and fire protection districts to adopt ordinances that make amendments to the building standards in Title 24. Each of the state laws authorizing local amendments includes specific requirements to be satisfied before the amendments may be effective or operative. These requirements are explained below in Local Code Amendment Authority and Requirements. Ordinances making amendments to Title 24 that have been submitted to CBSC and are acceptable for filing, meaning they comply with filing requirements of state law, are listed on CBSC’s Local Amendments to Building Standards-Ordinances webpage at dgs.ca.gov/Codes. Local amendments to building standards, including amendments to adopt model code appendix chapters or make changes to appendix chapters, require express findings for each amendment, addition or deletion based on local climatic, topographical or geological conditions, and environmental conditions in the case of amendments to the California Green Building Standards Code (CALGreen, Part 11 of Title 24). Amendments must also be expressly marked to distinguish amendment text from the published text of Title 24. 5 Amendments must be adopted for each new edition of Title 24 Every three years, when a new edition of Title 24 is published, local government must satisfy all requirements in state law when filing an ordinance with the state. These requirements are explained below in Local Code Amendment Authority and Requirements. Amendments must be filed with the state Local ordinances making amendments to Title 24 are neither effective nor operative until filed with CBSC, HCD, SFM, or the State Historical Building Safety Board (SHBSB), as appropriate. This requirement is detailed below in Local Code Amendment Authority and Requirements. Public access to code Each city, county, and city and county, including charter cities, shall obtain and maintain with all revisions on a current basis at least one copy of the building standards and other state regulations relating to buildings published in Titles 8, 19, 20, 24 and 25 of the California Code of Regulations. Additionally, actions to amend the provisions of Title 24 must be part of the jurisdiction’s public record. References: HSC Sections 17958.7 and 18942(e)(1) Note: CBSC’s publication It’s Your Building Department provides extensive information about the requirements of state law applying to local building departments and is available on the Resources tab of CBSC’s website: dgs.ca.gov/BSC/Resources/Guidebooks for Local Jurisdictions. Local Code Amendment Authority and Requirements Local governments may amend the building standards contained in Title 24 in accordance with state laws for specific types of buildings and building features. To determine the requirements and restrictions applicable to a planned amendment, the local agency or fire protection district must determine which state law applies. Listed below are the requirements under each of the state laws that authorize local amendments. Filings meeting the requirements of law are listed on CBSC’s Local Amendments to Building Standards—Ordinances webpage, under the Codes tab. All submitting local governments receive a response from CBSC informing them of the acceptance of the filing or identifying the cause for rejection. Rejected filings may be corrected and resubmitted. 6 Local Amendments under the California Building Standards Law Amendment authority: HSC Section 18941.5, with reference to HSC Section 17958.7, allows for more restrictive local amendments that are reasonably necessary because of local climatic, geological, or topographical conditions. CALGreen Section 101.7.1 allows the use of environmental conditions as an acceptable finding. Additional references: HSC 17958.5, CBC 1.1.8 and 1.8.6.2 Amendment application: Amendments to Title 24 made under the authority of HSC 18941.5 may apply to any building, or building feature, that is not otherwise subject to another state law. For example, amendments for residential buildings, historic buildings, and energy conservation are affected by other state laws and may not be subject to an amendment made under the authority of HSC 18941.5. Document requirements: Amendment documents must be expressly marked to: • Specify the state law providing the authority for the amendment. • Identify the Title 24 section being amended and distinguish the amendment text from the text of Title 24 not being amended. • Indicate that amendments are more restrictive building standards than those provided in Title 24. • Clearly show that the local governing body made an express finding that amendments to the building standards in Title 24 are reasonably necessary because of local climatic, geological, or topographical conditions, including environmental conditions for green building standards. Filing requirements: Local amendments are not effective or operative until the amendment documents meeting the requirements have been filed with CBSC. Send amendment documents with ordinance identification and governing body official’s signature to: California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833-2936 ordinancefilings@dgs.ca.gov CBSC will issue a letter to the local enforcing agency stating that the code modifications are accepted for filing when they meet the requirements of HSC Sections 17958.7 and 18941.5. For filings that do not meet the requirements, an email will be sent noting any deficiencies. Local amendments accepted for filing will be listed on CBSC’s website. Accessibility Requirements: In order for local amendment documents to be posted on CBSC’s ordinance listing for viewing or downloading by the public, they must be provided in a format that is accessible to persons with disabilities. Alternatively, a 7 jurisdiction may provide a link to their posting of the ordinance on their website for access via CBSC’s ordinance listing. These requirements are detailed later in this guide. Local Amendments under the State Housing Law The following discussion does not apply to local amendments regarding universal design made pursuant to HSC 17959. Universal design amendments are discussed separately below. Amendment authority: HSC Sections 17958, 17958.5 and 17958.7 authorize a city, county, or a city and county to adopt local amendments to the building standards in Title 24 that apply to residential occupancies including hotels, motels, apartments, and dwellings, and for amendment of HCD regulations in Title 25, Division 1, Chapter 1, Subchapter 1, that are reasonably necessary because of local climatic, geological, or topographical conditions, including environmental conditions for green building standards. Unlike the California Building Standards Law, there is no specific requirement in the SHL that local amendments provide more restrictive building standards than those contained in Title 24 or Title 25. However, Title 24 provisions are the minimum standards, thus local amendments must be equivalent or more restrictive, but not less restrictive. Additional reference: CBC Section 1.8.6.2 Amendment application: Amendments made under the authority of the SHL may apply only to residential occupancies identified in Title 24, Parts 2 and 2.5. Document requirements: Amendment documents must be expressly marked to: • Specify the state law providing the authority for the amendment. • Identify the Title 24 section being amended and distinguish the amendment text from the text of Title 24 not being amended. • Clearly show that the local governing body has made an express finding that amendments to building standards for residential construction contained in Title 24 are reasonably necessary because of local climatic, geological, or topographical conditions, including environmental conditions for green building standards. Filing requirements: Local amendments made pursuant to SHL are not effective or operative until filed with CBSC. Send amendment documents with ordinance identification and governing body official’s signature to: 8 California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833-2936 ordinancefilings@dgs.ca.gov CBSC will issue a letter to the local enforcing agency stating that the code modifications are accepted for filing when they meet the requirements of HSC Sections 17958.7 and 18941.5. For filings that do not meet the requirements, an email will be sent noting any deficiencies. Local amendments accepted for filing will be listed on CBSC’s website. Accessibility Requirements: In order for local amendment documents to be posted on CBSC’s ordinance listing for viewing or downloading by the public, they must be provided in a format that is accessible to persons with disabilities. Alternatively, a jurisdiction may provide a link to their posting of the ordinance on their website for access via CBSC’s ordinance listing. These requirements are detailed later in this guide. Local Amendments for Energy Conservation Amendment authority: Public Resources Code (PRC) Section 25402.1(h)(2) allows more stringent local amendments to the energy efficiency and conservation provisions in the California Energy Code, Title 24, Part 6. The California Administrative Code, Title 24, Part 1, Chapter 10, Section 10-106, requires local government to submit their amendments for local energy efficiency or conservation requirements to the California Energy Commission (CEC). CEC takes the following actions: 1. Reviews submissions to determine if the amendments include energy efficiency standards that are more restrictive than Part 6 regulations and therefore within CEC’s authority. If not, a letter is sent advising the jurisdiction to file only with CBSC. 2. If the amendments are for energy efficiency or conservation standards, CEC then determines if the application is complete. The application must include: • The proposed energy standards • The local governmental agency’s energy-savings and cost-effectiveness findings, and supporting analyses • A statement or finding by the local governmental agency that the local energy standards will require buildings to be designed to consume no more energy than permitted by the Energy Code • Any findings, determinations, declarations, or reports, including any negative declaration or environmental impact report, required pursuant to the California Environmental Quality Act 9 3. Local ordinance amendments meeting the requirements of #2 above are posted to the CEC local ordinance docket for a public comment period of at least 15 days. 4. Amendments meeting the requirements of #2 above are scheduled for review by the commission at a business meeting. At the business meeting, the commission confirms that the requirements of statute have been met and votes to allow the amendments to be enforced at the local level. 5. CEC staff informs the local jurisdiction of the action the commission has taken regarding its submitted amendments. Recommendation: Contact the CEC Building Standards Office before starting the process of adopting local amendments to the Energy Code. CEC has staff available to assist with submitting amendments that will meet statutory requirements. CEC Contact: Danuta Drozdowicz California Energy Commission 715 P Street, MS-37 Sacramento, CA 95814 danuta.drozdowicz@energy.ca.gov (916) 805-7436 Amendment application: When approved, amendments to Title 24 made under the authority of PRC Section 25402.1(h)(2) may apply to any building occupancy subject to the California Energy Code. Document requirements: Amendment documents must be expressly marked to: • Document approval by the local governing body. • Specify the state law providing the authority for the amendment(s). • Identify the Title 24 section being amended and distinguish the amendment text from the text of Title 24 not being amended. Filing requirements: Amendment documents must be filed with CBSC. Send approved amendment documents to: California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833-2936 ordinancefilings@dgs.ca.gov CBSC will acknowledge in writing the receipt of amendment documents and review findings. Local amendments accepted for filing will be listed on CBSC’s website. Be advised that amendments to Part 6 accepted for filing with CBSC are not enforceable locally until the CEC determines the standards are cost effective and will require buildings to be designed to consume less energy than permitted by Part 6. 10 Accessibilty Requirements: In order for local amendment documents to be posted on CBSC’s ordinance listing for viewing or downloading by the public, they must be provided in a format that is accessible to persons with disabilities. Alternatively, a jurisdiction may provide a link to their posting of the ordinance on their website for access via CBSC’s ordinance listing. These requirements are detailed later in this guide. Local Amendments for Universal Design in Housing Amendment authority: HSC Section 17959 authorizes local ordinances for universal design in residential occupancies based on guidelines and the Universal Design Model Ordinance developed by HCD. In general, the HCD model ordinance applies to new or substantially rehabilitated single-family, duplex, and triplex residential dwellings, except for custom-built homes, that are not otherwise subject to the accessibility requirements in Part 2 of Title 24. Such a local ordinance for universal design may make changes or modifications in addition to or in excess of the accessibility requirements contained in Title 24, but must not provide for less restrictive requirements than provided by any applicable Title 24 provision. HCD provides the following universal design documents on its Universal Design Model Ordinance (hcd.ca.gov/universal-design-model-ordinance) and State Housing Law Program (hcd.ca.gov/state-housing-law-program) webpages: • Universal Design Model Ordinance - AB 2787 (Chapter 726, Statutes of 2002) • Housing Accessibility Checklist • New Home Universal Design Option Checklist - AB 1400 (Chapter 648, Statutes of 2003) Additional references: HSC 17958.5 and 18941.5 Document requirements: Amendment documents must be expressly marked to: • Specify the state law providing the authority for the amendment. • Identify the Title 24 section being amended and distinguish the amendment text from the text of Title 24 not being amended. • Clearly show that the local governing body has based its ordinances on HCD’s guidelines or Universal Design Model Ordinance, or made a finding that the changes and modifications are reasonably necessary and are substantially the same as HCD’s guidelines or model ordinance. Filing requirements: Local amendments made pursuant to HSC 17959 shall not be effective or operative until filed with HCD. Send the amendment documents to: 11 Department of Housing and Community Development Division of Codes and Standards State Housing Law Program 9342 Tech Center Drive, Suite 500 Sacramento, California 95826 Or PO Box 278180 Sacramento, California 95827-8180 Or HCDBuildingStandards@hcd.ca.gov Local Amendments under the Earthquake Protection Law CBSC does not review ordinances developed pursuant to the Earthquake Protection Law (HSC Section 19100, et seq.) relative to seismic retrofit standards for seismically hazardous buildings. HSC Section 19165 requires these amendments be filed with HCD for informational purposes. Local jurisdictions should send amendment documents to: Department of Housing and Community Development Division of Codes and Standards State Housing Law Program 9342 Tech Center Drive, Suite 500 Sacramento, CA 95826 Or PO Box 278180 Sacramento, California 95827-8180 Or HCDBuildingStandards@hcd.ca.gov Local Amendments for Accessory Dwelling Units Local amendments developed for the purpose of regulating accessory dwelling units pursuant to GOV Section 65852.2 are subject to the requirements of those provisions of law and local building code requirements that apply to detached dwellings, as appropriate. A copy of the ordinance is required to be submitted to HCD within 60 days after adoption. HCD may review and comment on the submitted ordinance. Local jurisdictions should send amendment documents to: 12 Department of Housing and Community Development Division of Codes and Standards State Housing Law Program 9342 Tech Center Drive, Suite 500 Sacramento, CA 95826 Or PO Box 278180 Sacramento, California 95827-8180 Or HCDBuildingStandards@hcd.ca.gov Local Amendments for Shelter Crises Amendment authority: Government Code (GOV) Sections 8698.3 and 8698.4 permit local jurisdictions to adopt ordinances to address a shelter crises arising from homelessness or a natural disaster, such as fire. These local jurisdictions, upon declaring a shelter crisis, may adopt reasonable local standards and procedures for the design, site development and operation of shelters in lieu of compliance with state and local building approval procedures or state housing, health, habitability, planning, zoning or safety standards, procedures and laws. To assist locals with quickly adopting shelter crisis regulations, Appendix O of the CBC and Appendix X of the CRC are available for adoption by ordinance without the need for express findings. Appendices O and X are the minimum standards that must be met by a local shelter crisis ordinance. To enact the provisions of GOV Sections 8698.3 and 8698.4, the local jurisdiction must submit a draft ordinance to HCD for review and approval to ensure minimum health and safety standards are met. Local jurisdictions should send shelter crisis ordinance documents to: Department of Housing and Community Development Division of Codes and Standards State Housing Law Program 9342 Tech Center Drive, Suite 500 Sacramento, California 95826 Or PO Box 278180 Sacramento, California 95827-8180 Or HCDBuildingStandards@hcd.ca.gov 13 Local Amendments under the Fire Protection District Law Amendment authority: HSC, Division 12, Part 2.7 (the Fire Protection District Law of 1987), Section 13869.7, authorizes a local fire protection district to adopt ordinances with fire and panic safety requirements more restrictive than Title 24’s regulations adopted by the State Fire Marshal (SFM). The local ordinance must only establish more restrictive fire and panic safety requirements needed for local climatic, geological, or topographical conditions. Additional references: HSC 18941.5, with reference to HSC 17958.7, and CBC Sections 1.1.8 and 1.8.6.2 Amendment application: Amendments to Title 24 made under the authority listed above may apply to fire and panic safety requirements in any building or building feature subject to the provisions of Title 24 adopted by SFM. Document requirements: Amendment documents must be expressly marked to: •Specify the state law providing the authority for the amendment. •Identify the Title 24 section being amended and distinguish the amendment text from the text of Title 24 not being amended. •Show that the fire protection district board made an express finding that amendment to building standards for fire and panic safety in Title 24 is reasonably necessary because of local climatic, geological, or topographical conditions. •Document that the fire protection district presented the proposed amendment(s) to the public in the city, county, or city and county where the amendments will apply for a 30-day review. •Prove that the fire protection district obtained ratification (approval) by the city, county, or city and county where the amendment will apply. The amendment becomes effective when ratified. Filing requirements: The amendment documents, along with the adopting ordinance and findings, must be filed with HCD by the jurisdiction where the amendments will apply. Send the filing documents to: Department of Housing and Community Development Division of Codes and Standards State Housing Law Program 9342 Tech Center Drive, Suite 500 Sacramento, CA 95826 Or PO Box 278180 Sacramento, California 95827-8180 Or HCDBuildingStandards@hcd.ca.gov 14 Local Amendments for Shelter Crises – Fire and Life Safety Amendment authority: Government Code (GOV) Section 8698.1 permits a local jurisdiction with a population over 3.5 million to adopt ordinances related to fire and life safety to address shelter crises arising from homelessness or a natural disaster, such as fire. The alternative standards must be reasonable and, at a minimum, meet the requirements listed in the law. To enact the provisions of GOV Section 8968.1, the local jurisdiction must submit reasonable standards to SFM for review. Within 30 days, SFM will respond to the jurisdiction with approval or an explanation of why threshold requirements are not met. A local jurisdiction making amendments for fire and life safety standards in a shelter crisis should contact SFM’s Fire and Life Safety Division at (916) 568-3801 for review of their amendments. Local Amendments under the State Historical Building Code Amendment authority: HSC, Division 13, Part 2.7 (the State Historical Building Code), Section 18959, authorizes local government to make amendments to the California Historical Building Code, Part 8 of Title 24, for qualified historical buildings. Amendment application: Amendments under the authority of HSC Section 18959(f) may only apply to qualified historical buildings subject to Part 8 of Title 24. Document requirements: Amendment documents must be expressly marked to: • Specify the state law providing the authority for the amendment. • Identify the Title 24, Part 8, section being amended and distinguish the amendment text from existing Title 24 text. • Show that the local governing body has made an express finding that the amendment is reasonably necessary because of local climatic, geological, seismic, and topographical conditions. • The record of this action must be available to the public. Filing requirements: Local amendments made under the authority provided in HSC Section 18959(f) shall not become effective or operative for any purpose until the finding and amendment documents have been filed with the State Historical Building Safety Board (SHBSB). Send amendment documents to: Executive Director State Historical Building Safety Board Division of the State Architect 1102 Q Street, Suite 5100 Sacramento, CA 95811-6550 15 Summary of Agencies for Amendment Filings Type of Amendment File with: Building Standards Law – HSC 18941.5 CBSC State Housing Law – HSC 17958, 17958.5 & 17958.7 CBSC Energy Conservation – PRC 25402.1(h)(2) CBSC (CEC approval required to enforce) Universal Design in Housing – HSC 17959 HCD Earthquake Protection Law – HSC 19100, et seq HCD Accessory Dwelling Units – GOV 65852.2 HCD Shelter Crises – GOV 8698.3 & 8698.4 HCD Fire Protection District Law – HSC 13869.7 HCD Shelter Crises, Fire & Life Safety – GOV 8698.1 SFM State Historical Building Law – HSC 18959 SHBSB Submitting Accessible Documents for Posting on CBSC’s Website In accordance with GOV Sections 11546.7, 7405 and 11135, in order for ordinances to be posted to CBSC’s website for viewing or downloading by the public, they must be provided in a format that is accessible to persons with disabilities. Accessible documents are required to meet WCAG 2.0 AA (see * below) standards for document attributes including headers, lists, tables, alternative text for images (including signatures and logos), font and text styles, color and/or meaningful links. CBSC will review submitted documents for accessibility and will not be able to remediate those that do not meet these standards. When an ordinance document is not accessible, CBSC’s local amendments webpage will only list the identification number of the ordinance. Constituents will then be able to request it by contacting CBSC or the local jurisdiction. Another alternative is for a jurisdiction to provide a link to the building standards ordinance that matches the ordinance filed with CBSC and is posted on their own website; that link can then be shared on CBSC’s website. CBSC highly encourages jurisdiction staff to obtain training in creating accessible documents to proactively meet the needs of constituents now and in the future. Some resources for accessibility information and training are: • California Department of Technology (CDT) Web Accessibility Training at cdt.ca.gov/workforce-development/course-schedule/ 16 • California Department of Rehabilitation (DOR) Accessibility Training at https://www.dor.ca.gov/Home/disabilityaccessservices • Document Accessibility Information at dor.ca.gov/Home/DocumentAccessibility • Guides for Creating Accessible Documents at dor.ca.gov/Home/ConstructingAccessibleElectronicContent • *Web Content Accessibility Guidelines (WCAG) by the World Wide Web Consortium (W3C) at www.w3.org/TR/WCAG20/ Causes for CBSC Rejection CBSC reviews all received filings of local amendments to Title 24 for compliance with the requirements of HSC Sections 17958.7 and 18941.5. Note that CBSC is not authorized by law to evaluate the merits of the express findings of a local government as to the local climatic, geological, topographical or environmental (for CALGreen) conditions necessitating the amendments. The following are common reasons for CBSC to reject an amendment filing. • The filing documents indicate the adoption of model codes, or amendments to model codes, but fail to properly indintify the applicable California Building Standards Code (Title 24) being amended. • The filing documents do not include the required express findings that each amendment is reasonably necessary because of local climatic, geological, topographic or environmental conditions, when required by the authorizing state law. • The filing documents do not include text that is expressly marked in a manner to distinguish the amendment text from the published text of Title 24, when required by the authorizing state law. • The filing documents for amendments to administrative provisions in Title 24 that relate to the implementation or enforcement of a building standard but do not have express findings that each amendment is reasonably necessary because of local climatic, geological, topographic or environmental conditions, and/or are not expressly marked in a manner to distinguish the amendment text from the published text of Title 24, when required by the authorizing state law. • The filing documents for the adoption of an appendix chapter that relates to the implementation or enforcement of a building standard do not have express findings that each amendment is reasonably necessary because of local climatic, geological, topographic or environmental conditions and/or are not expressly marked in a manner to distinguish the amendment text from the published text of Title 24, when required by the authorizing state law. 17 • There is no evidence shown by an identification number, signature(s), certification of the city/county clerk, transmittal letter or other reasonable means to validate that the filed amendment documents were the result of a lawful action of the local governing body. Rejected filings may be corrected and resubmitted to CBSC for filing. Local Administrative Ordinances Local ordinances and regulations necessary to carry out procedures by a city, county, or city and county relating to civil, administrative, or criminal procedures, and remedies available for carrying out and enforcing building standards, and that do not establish building standards, may be enacted without meeting the requirements of the state laws governing Title 24 building standards amendments. Additionally, local ordinances that merely adopt Title 24 by reference without amendments need not be filed with CBSC, HCD, SFM or SHBSB. Read HSC Section 18909(c) regarding regulations that are not building standards. Local Approval of Alternatives Local building departments have authority under HSC Section 17951(e) to allow alternative materials and methods of construction that are not specifically adopted in Title 24 for the design and construction of hotels, motels, lodging houses, apartments, condominiums and dwellings. An alternative material or method of construction not specifically adopted in Title 24 may be approved on a case-by-case basis for residential structure construction under the conditions stated in HSC Section 17951(e) without the need for a local ordinance or code amendment. Additionally, Chapter 1 in various parts of Title 24 allows for the use of alternate materials, design and methods of constuction for both residential and nonresidential occupancies. Resources Visit CBSC’s Local Amendments to Building Standards—Ordinances webpage at dgs.ca.gov/BSC/Codes/Local-Amendments-to-Building-Standards---Ordinances for a list of filed and accepted local amendments, guidance materials and a local amendment process video. Questions about the local amendment process, including whether CBSC has received certain local amendments, may be directed to CBSC staff at ordinancefilings@dgs.ca.gov or (916) 263-0916. 18 Appendix A – Referenced Laws & Regulations Only those state laws pertaining to local amendments to Title 24 discussed within this guide are linked in this appendix. Health and Safety Code Sections Health and Safety Code Section 1226. Subsection (c) is relevant Health and Safety Code Section 13143.5 Health and Safety Code Section 13145 Health and Safety Code Section 13146 Health and Safety Code Section 13196 Health and Safety Code Section 13869.7 Health and Safety Code Section 17910 Health and Safety Code Section 17922 Health and Safety Code Section 17950 Health and Safety Code Section 17958 Health and Safety Code Section 17958.5 Health and Safety Code Section 17958.7 Health and Safety Code Section 17959 Health and Safety Code Section 17960 Health and Safety Code Section 17961 Health and Safety Code Section 17962 Health and Safety Code Section 18901 Health and Safety Code Section 18909 & 18909(c) Health and Safety Code Section 18916 Health and Safety Code Section 18938 Health and Safety Code Section 18941.5 Health and Safety Code Section 18942. Subsection (e) is relevant. Health and Safety Code Section 18948 Health and Safety Code Section 18954 Health and Safety Code Section 18959 19 Health and Safety Code Section 19165 Health and Safety Code Section 19958 Health and Safety Code Section 129885. Subsections (a), (b) and (c) are relevant. Government Code Sections Government Code Section 4453 Government Code Section 7405 Government Code Section 8698.1 Government Code Section 8698.3 Government Code Section 8698.4. Subsections (a)(1) and (2) are relevant. Government Code Section 11135 Government Code Section 11546.7 Government Code Section 54350 Government Code Section 65852.2. Subsection (h)(1) is relevant. Public Resources Code Public Resources Code Section 25402.1. Subsections (g) and (h) are relevant. Civil Code Civil Code Section 55.53. Subsection (d) is relevant. 20 Appendix B – Title 24 Regulations California Administrative Code, Part 1 Chapter 10, Section 10-106. Locally Adopted Energy Standards (a) Requirements. Local governmental agencies may adopt and enforce energy standards for newly constructed buildings, additions, alterations, and repairs to existing buildings provided the following two requirements are met prior to any enforcement of the standards: 1. A determination that the standards are cost effective is adopted by the local agency at a public meeting and subsequently filed with the Energy Commission; and 2. The Energy Commission finds that the standards will require buildings to be designed to consume less energy than permitted by Title 24, Part 6. (b) Documentation Application. Local governmental agencies wishing to enforce energy standards subject to Section 10-106(a) shall submit an application with the following materials to the Executive Director: 1. The proposed energy standards; 2. The local governmental agency's findings and supporting analyses on the energy savings and cost effectiveness of the proposed energy standards; 3. A statement or finding by the local governmental agency that the proposed energy standards will require buildings to be designed to consume less energy than permitted by Part 6; and 4. Any findings, determinations, declarations or reports, including any negative declaration or environmental impact report, required pursuant to the California Environmental Quality Act, Pub. Resources Code Section 21000 et seq. California Building Code, Part 2, Scope Sections 1.1.3. & 1.1.3.1. 1.1.3 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures throughout the State of California. 1.1.3.1 Nonstate-regulated buildings, structures and applications. Except as modified by local ordinance pursuant to Section 1.1.8, the following standards in the California Code of Regulations, Title 24, Parts 2, 2.5, 3, 4, 5, 6, 9, 10 and 11 shall apply to all occupancies and applications not regulated by a state agency. (Note: Subsection 1.1.3.2 regarding state-regulated buildings is not provided.) 21 California Building Code, Part 2, Effective Date and Filings Chapter 1, Sections 1.1.8., 1.1.8.1 &1.1.8.2. 1.1.8 City, county, or city and county amendments, additions or deletions. The provisions of this code do not limit the authority of city, county, or city and county governments to establish more restrictive and reasonably necessary differences to the provisions contained in this code pursuant to complying with Section 1.1.8.1. The effective date of amendments, additions or deletions to this code by a city, county, or city and county filed pursuant to Section 1.1.8.1 shall be the date filed. However, in no case shall the amendments, additions or deletions to this code be effective any sooner than the effective date of this code. Local modifications shall comply with Health and Safety Code Section 18941.5 for Building Standards Law, Health and Safety Code Section 17958 for State Housing Law or Health and Safety Code Section 13869.7 for Fire Protection Districts. 1.1.8.1 Findings and filings. 1. The city, county, or city and county shall make express findings for each amendment, addition or deletion based upon climatic, topographical or geological conditions. Exception: Hazardous building ordinances and programs mitigating unreinforced masonry buildings. 2. The city, county, or city and county shall file the amendments, additions or deletions expressly marked and identified as to the applicable findings. Cities, counties, cities and counties, and fire departments shall file the amendments, additions or deletions, and the findings with the California Building Standards Commission at 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833. 3. Findings prepared by fire protection districts shall be ratified by the local city, county or city and county and filed with the California Department of Housing and Community Development, Division of Codes and Standards, P. O. Box 278180, Sacramento, CA 95827-8180 or 9342 Tech Center Drive, Suite 500, Sacramento, CA 95826-2582. 1.1.8.2 Locally adopted energy standards – California Energy Code, Part 6. In addition to the provisions of Section 1.1.8.1 of this part, the provisions of this section shall apply to a city, county, and cities and counties adopting local energy standards applicable to buildings and structures subject to the California Energy Code, Part 6. Applicable provisions of Public Resources Code Section 25402.1(h)(2) and applicable provisions of Section 10-106, Chapter 10 of the California Administrative Code, Part 1 apply to locally adopted energy standards amending the California Energy Code, Part 6. 22 California Building Code, Part 2, Findings and Filings Chapter 1, Section 1.8.6 Local Modification by Ordinance or Regulation Sections 1.8.6.1 & 1.8.6.2. 1.8.6.1 General. Subject to other provisions of law, a city, county, or city and county may make changes to the provisions adopted by the Department of Housing and Community Development. If any city, county, or city and county does not amend, add or repeal by local ordinances or regulations the provisions published in this code or other regulations promulgated by the Department of Housing and Community Development, those provisions shall be applicable and shall become effective 180 days after publication by the California Building Standards Commission. Amendments, additions and deletions to this code adopted by a city, county, or city and county pursuant to California Health and Safety Code Sections 17958.5, 17958.7 and 18941.5, together with all applicable portions of this code, shall also become effective 180 days after publication of the California Building Standards Code by the California Building Standards Commission. 1.8.6.2 Findings, filings and rejections of local modifications. Prior to making any modifications or establishing more restrictive building standards, the governing body shall make express findings and filings, as required by California Health and Safety Code Section 17958.7, showing that such modifications are reasonably necessary due to local climatic, geological, or topographical conditions. No modification shall become effective or operative unless the following requirements are met: 1. The express findings shall be made available as a public record. 2. A copy of the modification and express finding, each document marked to cross- reference the other, shall be filed with the California Building Standards Commission for a city, county, or city and county and with the Department of Housing and Community Development for fire protection districts. 3. The California Building Standards Commission has not rejected the modification or change. Nothing in this section shall limit the authority of fire protection districts pursuant to California Health and Safety Code Section 13869.7(a) California Green Building Standards Code, Part 11 Chapter 1 Section 101.7.1 Findings and filings (only Subsection 1 is shown here) 1. The city, county, or city and county shall make express findings for each amendment, addition or deletion based upon climatic, topographical or geological conditions. For the purpose of this section, climatic, topographical or geological conditions include local environmental conditions as established by the city, county, or city and county. Exhibit B Ordinance No. _____ (2022 Series) Page 8 O ______ Chapter 8.10 ALL-ELECTRIC NEW BUILDINGS 8.10.010 PURPOSE AND INTENT The purpose of this chapter is to prohibit the installation of new natural gas infrastructure to ensure that new buildings and associated uses: A.Are consistent with Resolution No. 11133 (2020 Series) stating that, “It is the policy of the City that new buildings should be all-electric”; B.Implement Resolution No. 11159 (2020 Series) resolving that there shall be “no net new building emissions from onsite energy use by 2020”; C.Implement the Climate Action Plan for Community Recovery and the associated goal of communitywide carbon neutrality by 2035; D.Protect public health and safety by avoiding issues related to seismic safety risk, indoor air quality risk, and impacts associated with climate change. 8.10.020 APPLICABILITY AND EFFECTIVE DATE A.The effective date of this ordinance shall be January 1, 2023. B.The provisions contained in Chapter 8.10 are applicable to Newly Constructed Buildings, including those that are built after a demolition, whose Building Permit applications have been submitted on or after January 1, 2023. C.The provisions contained in Chapter 8.10 do not apply to Additions or Alterations. Residential subdivisions in process of permitting or constructing initial public improvements for any phase of a final map recorded prior to January 1, 2020, are exempt, unless compliance is required by an existing Development Agreement. Additional exemptions and exceptions to this Chapter are identified in Sections for outdoor cooking and heating. D.This Chapter shall in no way be construed as amending California Energy Code requirements under California Code of Regulations, Title 24, Part 6, nor as requiring the use or installation of any specific appliance or system as a condition of approval. 8.10.030 DEFINITIONS The following words and phrases, whenever used in this Chapter, shall have the meanings defined in this section unless the context clearly requires otherwise: A.“ACCESSORY DWELLING UNIT” means an Accessory Dwelling Unit as defined in City of San Luis Obispo Municipal Code Section 17.156.004. B.“ALL-ELECTRIC BUILDING” means a building that has no natural gas plumbing installed within the building and that uses electricity as the source of energy for all space heating, water heating, cooking appliances, and clothes drying appliances. Page 194 of 203 Ordinance No. _____ (2022 Series) Page 9 O ______ C. “COMMERCIAL KITCHEN EQUIPMENT” means equipment intended for use in “Eating and Drinking Establishments,” including but not limited to commercial cooking appliances (see California Fire Code, Chapter 2, Definitions) domestic cooking appliances, and high-capacity dishwashers, D. “CRITICAL FACILITIES” means a facility that is critical for the health and welfare of the population and is especially important following hazard events. Critical facilities include essential facilities, transportation systems, lifeline utility systems, high potential loss facilities and hazardous material facilities. E. “EATING AND DRINKING ESTABLISHMENTS" means businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises as defined in the San Luis Obispo Municipal Code 17.156.012. F. "MANUFACTURING AND INDUSTRIAL FACILITY" means a building with the occupancy classification as defined in the California Building Code, Chapter 3, Section 306, Group F. G. “MIXED-FUEL BUILDING” means a building that is plumbed for the use of natural gas as fuel for space heating, water heating, cooking or clothes drying appliances. H. “NATURAL GAS INFRASTRUCTURE” means natural gas or fuel gas piping, other than service pipe, in or in connection with a building, structure or within the property lines of premises, extending from the point of delivery at the gas meter as specified in California Plumbing Code and Mechanical Code. I. “NEW LY CONSTRUCTED BUILDING” means a building or space that has never been used or occupied for any purpose. J. "PROCESS" means an activity or treatment that is not related to the space conditioning, lighting, service water heating, or ventilating of a building as it relates to human occupancy. K. "PROCESS LOAD" means an energy load resulting from a Process. 8.10.040 ALL-ELECTRIC NEW BUILDINGS REQUIREMENT A. All Newly Constructed Buildings shall be All-Electric Buildings. Natural Gas Infrastructure is prohibited in Newly Constructed Buildings and in onsite systems related to Newly Constructed Buildings. B. The requirements of this Section shall be deemed objective planning standards under Government Code section 65913.4 and objective development standards under Government Code Section 65589.5. Page 195 of 203 Ordinance No. _____ (2022 Series) Page 10 O ______ 8.10.050 TECHNICAL EXEMPTIONS A. Notwithstanding Section 8.10.040, for purposes of this Section, provision of Natural Gas Infrastructure for certain end uses is allowed when no all-electric alternative is commercially available or viable. End uses eligible for technical exemptions are: a. Back-up power for Critical Facilities necessary to protect public health or safety in the event of an electric grid outage. b. Process Loads in a Newly Constructed Manufacturing and Industrial Facility. For Manufacturing and Industrial facilities with unknown tenants, exemptions may be provided pending review of initial tenant occupancy. B. Notwithstanding Section 8.10.040, for purposes of this Section, provision of Natural Gas Infrastructure for certain end uses is allowed through December 31, 2025 when no all-electric alternative is commercially available or viable. End uses eligible for technical exemptions are: a. Commercial Kitchen Equipment in a Newly Constructed Eating and Drinking Establishment. b. Water heating or space heating in a newly constructed attached Accessory Dwelling Unit in which new services are provided by systems from an existing mixed fuel building. c. A swimming pool that is provided as a public amenity. C. Concurrent with the Building Permit application, p roject applicants seeking a technical exemption as identified in 8.10.050A and 8.10.050B must submit an exemption application to the Community Development Director for approval. The submittal must include a description of how the purpose and intent of this Chapter, as outlined in 8.10.010, is addressed to the maximum extent feasible. The Director's decision shall become a condition of the development or building permit issued for the project. 8.10.060 PUBLIC INTEREST EXEMPTION A. Notwithstanding the requirements of this Chapter and the Council's Clean Energy Program for New Buildings, and other public health and safety hazards associated with Natural Gas Infrastructure, minimally necessary and specifically tailored Natural Gas Infrastructure may be allowed in a building otherwise subject to the requirements of this Chapter if the Community Development Director makes all of the following findings: a. The physical site conditions, necessary operational requirements, or the public health or safety risks in the event of an electric grid outage make it infeasible to meet the requirements of this Chapter. b. The project meets the City’s adopted sustainability and environmental policies and is consistent with Purpose and Intent of this Chapter, as outlined in 8.10.010. Page 196 of 203 Ordinance No. _____ (2022 Series) Page 11 O ______ c. The project has mitigated adverse health, safety, or general welfare impacts as they relate to new Natural Gas Infrastructure to persons residing or working on the site or in the vicinity to the greatest extent feasible. d. The grant of an exemption pursuant to this Section will not constitute a grant of special privilege—an entitlement inconsistent with the limitations upon other similarly situated properties in the vicinity with the same zoning. B. Concurrent with the Building Permit application, project applicants seeking a public interest exemption as identified in 8.10.060A must submit an exemption application to the Community Development Director for approval. The burden shall be on the applicant to demonstrate the grounds for an exemption and the submittal must include sufficient evidence for the Community Development Director to make the findings required in 8.10.060A. The Director's decision shall become a condition of the development or building permit issued for the project. 18.10.070 IMPLEMENTATION AND ENFORCEMENT A. In addition to any other remedy authorized by this code, any violation of the provisions of this chapter is considered an infraction of the City of San Luis Obispo Municipal Code, punishable by all the sanctions prescribed in Chapter s 1.12 and 1.24. Page 197 of 203 Exhibit C SCOPE AND ADMINISTRATION 28 2019 CALIFORNIA BUILDING CODE 3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the pub- lic, or conflict with existing laws or ordinances. 4. A determination that the variance is the minimum nec- essary to afford relief, considering the flood hazard. 5. Submission to the applicant of written notice speci- fying the difference between the design flood eleva- tion and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that con- struction below the design flood elevation increases risks to life and property. [A] 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construc- tion is not approved, the building official shall respond in writ- ing, stating the reasons why the alternative was not approved. [DSA-SS, DSA-SS/CC & OSHPD 1, 1R, 2, 4 & 5] Alterna- tive system shall satisfy ASCE 7 Section 1.3, unless more restrictive requirements are established by this code for an equivalent system. [DSA-SS, DSA-SS/CC] Alternative systems shall also sat- isfy the California Administrative Code, Section 4-304. [OSHPD 1, 1R, 2, 4 & 5] Alternative systems shall also satisfy the California Administrative Code, Section 7-104. [A] 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assem- blies not specifically provided for in this code, shall con- sist of valid research reports from approved sources. [A] 104.11.2 Tests. Whenever there is insufficient evi- dence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made without expense to the jurisdic- tion. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recog- nized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. 104.11.3 Peer review. [OSHPD 1, 1R, 2, 4 & 5] When peer review is required for new or existing buildings, it shall be performed pursuant to Section 1617A.1.41. 104.11.4 Earthquake monitoring instruments. [OSHPD 1 & 4] The enforcement agency may require earthquake monitoring instruments for any building that receives approval of an alternative system for the Lateral Force Resisting System (LFRS). There shall be a sufficient num- ber of instruments to characterize the response of the building during an earthquake and shall include at least one tri-axial free field instrument or equivalent. A pro- posal for instrumentation and equipment specifications shall be forwarded to the enforcement agency for review and approval. The instruments shall be interconnected for common start and common timing. Each instrument shall be located so that access is maintained at all times and is unobstructed by room contents. A sign stating “MAIN- TAIN CLEAR ACCESS TO THIS INSTRUMENT” shall be posted in a conspicuous location. The Owner of the building shall be responsible for the implementation of the instrumentation program. Mainte- nance and service of the instruments shall be in accor- dance with Appendix L, Section 1.101.3 of Part 2, Volume 2 of the California Building Code. SECTION 105 PERMITS [A] 105.1 Required. Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building offi- cial and obtain the required permit. [A] 105.1.1 Annual permit. Instead of an individual per- mit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building offi- cial is authorized to issue an annual permit upon applica- tion therefor to any person, firm or corporation regularly employing one or more qualified tradepersons in the build- ing, structure or on the premises owned or operated by the applicant for the permit. [A] 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. [A] 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in viola- tion of the provisions of this code or any other laws or ordi->SUPPLEMENT—BLUE EFFECTIVE JULY 1, 2021Copyright © 2019 ICC. ALL RIGHTS RESERVED. Accessed by Michael Loew (mloew@slocity.org), (City of San Luis Obispo) Order Number #101285583 on Apr 29, 2022 02:50 PM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101285583 SCOPE AND ADMINISTRATION 2019 CALIFORNIA BUILDING CODE 29 nances of this jurisdiction. Permits shall not be required for the following: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area is not greater than 120 square feet (11 m2). 2. Fences not over 7 feet (2134 mm) high. 3. Oil derricks. 4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a sur- charge or impounding Class I, II or IIIA liquids. 5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1. 6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service sys- tems. 11. Swings and other playground equipment accessory to detached one- and two-family dwellings. 12. Window awnings in Group R-3 and U occupan- cies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. 13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. Electrical: 1.Repairs and maintenance: Minor repair work, including the replacement of lamps or the connec- tion of approved portable electrical equipment to approved permanently installed receptacles. 2.Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmis- sions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas. 3.Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heat- ing or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as pro- vided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and rein- stallation of water closets, provided that such repairs do not involve or require the replacement or rear- rangement of valves, pipes or fixtures. [A] 105.2.1 Emergency repairs. Where equipment replace- ments and repairs must be performed in an emergency situa- tion, the permit application shall be submitted within the next working business day to the building official. [A] 105.2.2 Public service agencies. A permit shall not be required for the installation, alteration or repair of genera- tion, transmission, distribution or metering or other related equipment that is under the ownership and control of pub- lic service agencies by established right. [A] 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall: 1. Identify and describe the work to be covered by the per- mit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. Copyright © 2019 ICC. ALL RIGHTS RESERVED. Accessed by Michael Loew (mloew@slocity.org), (City of San Luis Obispo) Order Number #101285583 on Apr 29, 2022 02:50 PM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101285583 Exhibit D Exhibit E