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HomeMy WebLinkAbout05/03/2005, PH3 - ADOPTION OF THE LATEST EDITION OF THE ELECTRICAL CODE council M °„°3/3/0S j aGEnda nEpont oN 3 CITY O F SAN LUIS O B I S P O FROM: John Mandeville, Community Development Directgf Prepared By: Tom Baasch, Chief Building Official SUBJECT: ADOPTION OF THE LATEST EDITION OF THE ELECTRICAL CODE CAO RECOMMENDATION: Introduce an ordinance amending Sections 15.02.010 and 15.04.80 of the San Luis Obispo Municipal Code to adopt the California Electrical Code, 2004 edition, and continue the previously established amendment to the City's electrical regulations. DISCUSSION: Background The City is required to follow the building and fire codes adopted by the State of California, typically updated every three years. Each update is coordinated with the release of new the editions of the model codes which serve-as the basis of the State codes. The State last adopted a complete set of construction codes (building, fire, electrical, mechanical and plumbing codes) in W01. A new family of California codes was due to be published in 2004. However, difficulty in establishing the model code that will serve as the base document for the next California Building Code prevented the promulgation of the next complete triennial edition of the California Building Standards Code. The Building Standards Commission chose to take action on each construction code separately in an effort to make some progress toward use of the latest codes. As a result, the 2004 California Electrical Code, based on the 2002 National Electrical Code, will become effective on August 1, 2005. Technical Summary The proposed ordinance will amend the Municipal Code section that adopts all of the City's construction codes by listing the new (2004) edition of California Electrical Code in place of the current (2001) edition. Section 18941.5 of the California Health and Safety Code allows the City to amend provisions of the California Building Standards Code due to local climatic, geological, or topographical conditions. Since past code adoptions by the City of San Luis Obispo have included the amendment to Article 230.70, which clarifies means of access to the main electrical disconnect for emergency personnel, and there have been no changes in special "climatic, geologic, or topographic" conditions in San Luis Obispo, staff recommends that previous amendment be carried over to the new electrical code. The proposed ordinance contains the findings required to justify the proposed code modification. Without this action, the Building & Safety Division will have no authority to enforce the City's existing local amendment after August 1, 2005, since it is tied to the 2001 California Electrical Code. The 2001 edition will no longer be valid when the 2004 edition automatically becomes the City's electrical code on August 1, 2005. If the recommended action is endorsed by the City Council, final passage of the 3/ Council Agenda Report-Adoption of Electrical Code Page 2 ordinance at the next regular meeting will make the effective dates of local and statewide codes coincide. Staff recently became aware of an existing section in each of the codes comprising the California Building Standards Code that may preclude enforcement of all sections found in the California Code books. If a provision contained in the model code, published as part of the California Code, is not related to a building standard defined in Section 18909 of the Health and Safety Code, it may not be enforceable. To counter this possibility, the proposed text for Section 15.02.010 states that any provisions excluded under 18909 and the State adoption process will still be valid at the local level. This approach allows the City to adopt and use just one code book instead of juggling between the State code and the corresponding model code during enforcement operations. Attachment 2 illustrates actual text changes. CONCURRENCES: The Fire Department concurs with the recommendation. FISCAL IMPACT: There are no significant fiscal impacts. ALTERNATIVES There are no alternatives to the recommended action. Failure to adopt the ordinance may result in instances where an electrical code provision is not applicable to a given project. ATTACHMENTS: 1. Proposed Ordinance 2. Illustrated Text G:\TBAASCH\2005 Code Adoption\2005 Electrical Code Adoption Agenda Report.doc 3-,2 Attachment 1 ORDINANCE NO. (2005 Series) AN ORDINANCE OF THE CITY OF THE COUNCIL OF THE SAN LUIS OBISPO AMENDING CHAPTERS 15.02 AND 15.04 OF THE MUNICIPAL CODE TO ADOPT AND AMEND THE LATEST EDITION OF THE ELECTRICAL CODE AND ADOPT FINDINGS OF FACTS TO SUPPORT THE IMPOSITION OF REQUIREMENTS GREATER THAN THE REQUIREMENTS ESTABLISHED BY OR PURSUANT TO THE CALIFORNIA BUILDING STANDARDS CODE WHEREAS, it is the desire and intent of the City Council of the City of San Luis Obispo to provide citizens with the greatest degree of fire, life and structural safety in buildings in the most cost effective manner by adopting that body of regulations referred to as the California Building Standards Code with amendments specific to the City of San Luis Obispo; and WHEREAS,the California Health and Safety Code, Chapter 4, Part 1.5, Division XIII, Section 17958, Section 17958.5 and Section 17958.7 requires the City Council, before making any modifications or changes to the California Building Standards Code pursuant to Health and Safety Code Section 17958.5, to make an express finding that each such modification or change is needed; and, WHEREAS, the California Health and Safety Code Section 17958.5 requires that such changes must be determined to be reasonably necessary because of local climatic, geographical, or topographical conditions; and, WHEREAS, such findings must be made available as a public record and a copy thereof with each such modification or change shall be filed with the State of California Building Standards Commission; NOW, THEREFORE, BE IT ORDAINED that the Council of the City of San Luis Obispo affirms the findings justifying previous changes and modifications to the adopted construction and fire codes as contained in Ordinance No. 1105 (1987 Series), Ordinance No. 1033 (1985 Series), Ordinance No. 1169 (1990 Series), Ordinance No. 1213 (1992 Series), Ordinance No. 1287 (1995 Series), Ordinance No. 1288 (1995 Series), Ordinance No 1353 (1999 Series), and Ordinance No.1423 (2002 Series); BE IT FURTHER ORDAINED that the City Council hereby determines that Section 230-70 of the 2004 California Electrical Code is required to be modified due to the findings contained herein to greater requirements than those set forth in the California State Building Standards Code; BE IT FURTHER ORDAINED by the City Council that the change or modification referred to therein are reasonably necessary because of local climatic, geographical, or topographical conditions in the area encompassed by the boundaries of the City of San Luis 3-3 Ordinance No. (2005 s) Attachment 1 Page 2 - Obispo, and the City Council further finds that the following findings support the local necessity for the change or modification: FINDING That the City of San Luis Obispo is situated at the base of a watershed of the Santa Lucia Mountains and that flooding of San Luis, Chorro, Stenner, Old Garden, and Brizzolara Creeks results in conditions rendering fire department vehicular traffic unduly burdensome or impossible as witnessed in major floods that occurred in 1952, 1961, 1969, 1973, 1978, 1982, and 1995. Furthermore, flood conditions described above create the potential for overcoming the ability of the fire department to aid or assist in fire control, evacuations, rescues and other emergency task demands inherent in such situations. The resulting overburdening of fire department personnel may cause a substantial or total lack of protection against fire for the buildings and structures located in the City of San Luis Obispo. The afore-described conditions support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code and, in particular, support the imposition of greater requirements than set forth in Article 230-70 of the 2004 California Electrical Code. FINDING That the City of San Luis Obispo is situated near three major faults each capable of generating earthquakes with a magnitude of 7.5. These are the San Andreas to the east of the City, the Nacimiento-Rinconada that crosses Hwy 101 north of the City then parallels the City to the east, and the Hosgri to the West. Other faults of importance are the Huasna and West Huasna to the Southeast of the City, the San Simeon to the Northwest, and the Edna and Edna Extended faults which enter the southern areas of the City. In as much as these faults are included as major California earthquake faults, which are subject to becoming active at any time, the City of San Luis Obispo is particularly vulnerable to devastation should such an earthquake occur. The potential effects include isolating the City of San Luis Obispo from the North and South due to the potential for collapsing of freeway overpasses or a slide on both the Cuesta and Ontario Grades and the potential for horizontal or vertical movement of the Edna fault rendering surface travel across the southern extremities of the city unduly burdensome or impossible. Additional potential situations inherent in such an occurrence include loss of the Citys two main water sources (the Salinas and Whale Rock reservoirs), broken natural-gas mains causing structure and other fires; leakage of hazardous materials, the need for rescues from collapsed structures, and the rendering of first aid and other medical attention to large numbers of people. The protection of human life and the preservation of property in the event of such an occurrence support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code, and in particular, support the imposition of greater requirements than set forth in Article 230-70 of 2004 Califomia Electrical Code. FINDING 3 That the central commercial area in the City of San Luis Obispo consists of mixed conditions that create the potential for possible conflagration, including congested streets during the business day, numerous older buildings without adequate internal fire-resistivity, and contemporary low-rise buildings. Significant spread of fire in said area will actually exceed the fire suppression capabilities of regional firefighting personnel. The continued development of the San Luis 3-� Ordinance No. (2005' es) Attachment 1 Page 3 Obispo commercial area and the current and potential development of high-rise buildings pose a substantial threat of fire to human life,public safety, and the preservation of property and support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code, and in particular, support the imposition of greater requirements than set forth in Article 230-70 of the 2004 California Electrical Code. FINDING 4 That the City of San Luis Obispo is bisected by a major freeway(Hwy 101), traversing in the north/south direction and a major highway(Hwy 1)traversing in an east/west direction. The City is also transected by a mainline railroad in the north/south direction. It is a frequent occurrence for the aforementioned highways and railway to support the transportation of hazardous materials. The potential for release or threatened release of a hazardous material along one of these routes is highly probable given the volume of material transported daily. Incidents of this nature will normally require all available emergency response personnel to prevent injury and loss of life, and to prevent as far as practicable; property losses. Emergency personnel responding to said incidents may be unduly impeded and delayed in accomplishing an emergency response as a result of this situation,with the potential result of undue and unnecessary risk to the protection of life and public safety, particularly in those buildings or structures without the protection of automatic fire sprinklers. The above-described problems support the imposition of fire protection requirements greater than.those set forth in the California State Building Standards Code, and in particular, support the imposition of greater requirements than set forth in Article 230-70 of the 2004 California Electrical Code. FINDING 5 That seasonal climatic conditions during the late summer and fall create numerous serious difficulties in the control and protection against fire situations in the City of San Luis Obispo. The hot, dry weather in combination with Santa Ana winds frequently results in wildland fires in the brush-covered slopes on the Santa Lucia Mountains, San Luis Mountain, and the Irish Hills areas of the City of San Luis Obispo. The aforementioned areas completely surround the City. When a fire occurs in said areas, such as occurred in 1985 when the Los Pilitas fire burned six days and entered the City and damaged many structures, the entirety of local fire department personnel is required to control, monitor; fight and protect against such fire situations in an effort to protect life and preserve property and watershed land. The same climatic conditions may result in the concurrent occurrence of one or more fires in the more populated areas of the City without adequate fire department personnel to protect against and control such a situation. Therefore, the above-described findings support the imposition of fire-protection requirements greater than those set forth in the California State Building Standards Code, and in particular support the imposition of greater requirements than set forth in Article 230-70 of the 2004 California Electrical Code. BE IT ORDAINED by the City Council that the provisions of the State Building Standards Code are hereby modified, changed and amended, as provided for in this ordinance, based upon the foregoing findings and that said Council takes said action because of the public interest in protecting life and preserving public safety and property. 3s Ordinance No. (2005 es) Attachment 1 Page 4 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 15.02.0 10 of the San Luis Obispo Municipal Code is hereby modified to read as follows: SECTION 15.02.010 ADOPTION OF CODES The Uniform Administrative Code, Uniform Housing Code,Uniform Code for the Abatement of Dangerous Buildings, Uniform Code for Building Conservation, and Uniform Building Code, Volume 3, all 1997 editions published by the International Conference of Building Officials, the Uniform Fire Code, Volume 2, 1997 edition published by the International Fire Code Institute, and the California Building Standards Code, California Code of Regulations, Title 24, comprising the 2001 edition of the California Building Code(Volumes 1 and 2), 2004 edition of the California Electrical Code, 2001 edition of the California Mechanical Code, 2001 edition of the California Plumbing Code, 2001 edition of the California Energy Code, 2001 edition of the California Historical Building Code, and the 2001 edition of the California Fire Code, are hereby adopted by reference, including chapters and sections not adopted by agencies of the State of California, provisions of said codes which are not building standards as defined in Section 18909 of the California Health and Safety Code, and appendices thereto, as the Building Construction and Fire Prevention Regulations of the City of San Luis Obispo. The provisions of such are hereby referred to, adopted, and made a part hereof as if fully set out in this Chapter, except as modified hereinafter. SECTION 2. Section 15.04.80 of the San Luis Obispo Municipal Code is hereby modified to read as follows. .SECTION 15.04.080 AMENDMENTS; CALIFORNIA ELECTRICAL CODE Amend Article 230-70(A)(1) to read as follows: (1) Readily Accessible Location. The service disconnecting means shall be installed at a readily accessible location either outside the building or other structure or inside nearest the point of entrance of the service conductors. The disconnecting means shall be accessible to emergency personnel, either directly or by a remote actuating device, without requiring transit of the building interior. Dedicated electrical equipment moms located at the building perimeter and providing direct access to the outside shall satisfy accessibility for emergency personnel. SECTION 3. Ifany provision of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, the City of San Luis Obispo hereby declares that it would have passed each and every remaining provision irrespective of such holding in order to accomplish the intent of this ordinance. 3-� Ordinance No.. (2005 es) Attachment 1 Page 5 b SECTION 4. A summary of this ordinance, approved by the City Attorney, together with the names of the Council members voting for and against it, shall be published at least five days prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect on August 1, 2005. INTRODUCED on the 3rd day of May, 2005 AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on May 17, 2005, on the following vote: AYES: NOES:. ABSENT: MAYOR DAVID F. ROMERO ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jonath�6n P. Lowell, City Attorney 3-7 Attachment 2 ILLUSTRATED TEXT CHANGES FOR PROPOSED AMENDMENTS CHAPTERS 15.02 & 15.04 OF THE SAN LUIS OBISPO MUNICIPAL CODE --g W_ .._._ - Text with a line through at wall be deleted. Underlined text will be_added Shaded text represents amendment of the model code to be adopted; SECTION 15.02.010 ADOPTION OF CODES Three (3) .le..,,meiAs *&ee (3) eaeh eF..h—i eh —Ar-A n 441e in City eCfiee... i enAif e.l by the The Uniform Administrative Code, Uniform.Code for the Abatement of Dangerous Buildings, Uniform Code for Building Conservation, and Uniform Building Code, Volume 3, all 1997 editions published by the International Conference of Building Officials, and the Uniform Fire Code, Volume 2, 1997 edition published by the International Fire Code Institute, and the California Building Standards Code, California Code of Regulations; Title 24, comprising the 2001 editions of the California Building Code (Volumes 1 and 2), the 2004 edition of the California Electrical Code, the 2001 edition of the California Mechanical Code, the 2001 edition of the California Plumbing Code, the 2001 edition of the California Energy Code, the.2001 edition of the California Historical Building Code, and the 2001 edition of the California Fire Code are hereby adopted;including chapters and sections not adopted by agencies of the State of California,provisions of said codes which are not building standards as defined in Section 18909 of the California Health and Safety Code, and ineluding appendices thereto, as the Building Construction and Fire Prevention Regulations of the City of San Luis Obispo. The provisions of such are hereby referred to, adopted, and made a part hereof as if fully set out in this Chapter, except as modified hereinafter. SECTION 15.04.080 AMENDMENTS; CALIFORNIA ELECTRICAL CODE Amend Article 230-70(A)(1) to read as follows: (1) Readily Accessible Location. The service disconnecting means shall be installed at a readily accessible location either outside the building or other_ structure or inside nearest the point of entrance of the service conductors. The] _ _w. ... _-_.__ _ _ - —_ disconnecting-means shall be.accessible to emergency personnel, either directly ori by a remote actuating_device,without requiring transit of the building interior. 3 Dedicated electrical equipment rooms located at:the building perimeter and; providing direct access to.the outside shall satisfy accessibility-for_emer eg ncy' personnel. 3-8