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HomeMy WebLinkAboutMINUTES - 12032013 - D.8RECOMMENDATION(S): 1. OPEN the public hearing on Ordinance No. 2013-24, RECEIVE testimony, and CLOSE the public hearing. 2. ADOPT Ordinance No. 2013-24, adopting the 2013 California Building Code, the 2013 California Residential Code, the 2013 California Green Building Standards Code, the 2013 California Electrical Code, the 2013 California Plumbing Code, and the 2013 California Mechanical Code, with changes, additions, and deletions. 3. ADOPT the attached findings in support of the County’s changes, additions, and deletions to the statewide codes. 4. DIRECT the Department of Conservation and Development , pursuant to Health and Safety Code section 17958.7, to send a certified copy of Ordinance No. 2013-24, the attached findings, and this Board Order to the California Department of Housing and Community Development and to the California Building Standards Commission. 5. FIND that the adoption of ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3). 6. DIRECT staff to file a Notice of Exemption with the County Clerk. FISCAL IMPACT: None. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/03/2013 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jason Crapo, 925-674-7722 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 3, 2013 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.8 To:Board of Supervisors From:Jason Crapo, County Building Official Date:December 3, 2013 Contra Costa County Subject:HEARING to consider adopting Ordinance No. 2013-24, adopting the 2013 California Building Code, with amendments BACKGROUND: The California Building Standards Commission has adopted the 2013 California Building Standards Code (CBSC), replacing the 2010 CBSC. The CBSC includes the California Building, Residential, Electrical, Plumbing, Mechanical, Energy and Green Building Standards Codes. These statewide codes become effective on January 1, 2014. The Department of Conservation and Development is responsible for enforcing the CBSC within the unincorporated area of Contra Costa County. The 2013 CBSC represents the new minimum required standards for new building construction in California. Health and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change these codes and establish more restrictive building standards if the local jurisdiction finds that the changes and modifications are reasonably necessary because of local climatic, geological or topographical conditions. The attached proposed ordinance would adopt the statewide codes and amend them to address local conditions. Staff has reviewed the statewide codes and recommends their adoption with a minimum of technical changes in order to retain as much statewide uniformity as possible. The State did not adopt the new International Housing Codes and, therefore, the 1997 Uniform Housing Code (UHC), with local amendments, continues as the adopted housing code for the County. However, the proposed Ordinance No. 2013-24 would amend the statewide codes in some respects to address certain local climatic, geological and topographic conditions. These conditions are described in the attached Findings. The ordinance would amend the statewide codes by increasing standards for some building foundations to better withstand the seismic forces found in this region of California. The ordinance would also amend the statewide codes by requiring the installation of hard-wired smoke detectors in existing flat roof buildings when a pitch roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed. All of the recommended amendments continue existing amendments or clarify omissions in the CBSC. The local amendments recommended to be continued through this proposed ordinance are predominantly designed to address the risk of seismic activity within the County and to protect public health and safety. Adoption of Ordinance No. 2013-24 is exempt from CEQA because it can be seen with certainty that adoption of this ordinance will not have a significant effect on the environment. Individual projects to which the ordinance will apply will need to undergo CEQA environmental review, unless such projects are exempt from CEQA. CONSEQUENCE OF NEGATIVE ACTION: If the proposed ordinance is not approved, the County will not be able to adopt the 2013 California Building Standards Code as amended. CHILDREN'S IMPACT STATEMENT: None. CLERK'S ADDENDUM CLOSED the public hearing; ADOPTED Ordinance No. 2013-24, adopting the 2013 California Building Code, the 2013 California Residential Code, the 2013 California Green Building Standards Code, the 2013 California Electrical Code, the 2013 California Plumbing Code, and the 2013 California Mechanical Code, with changes, additions, and deletions; ADOPTED findings in support of the County’s changes, additions, and deletions to the statewide codes; DIRECTED the Department of Conservation and Development, pursuant to Health and Safety Code section 17958.7, to send a certified copy of Ordinance No. 2013-24, the attached findings, and this Board Order to the California Department of Housing and Community Development and to the California Building Standards Commission; FOUND that the adoption of ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3). DIRECTED staff to file a Notice of Exemption with the County Clerk. ATTACHMENTS Ordinance No. 2013-24 Findings Findings CONTRA. COSTA COUNTY FINDINGS IN SUPPORT OF CHANGES, ADDITIONS, AND DELETIONS TO STATEWIDE BUILDING STANDARDS CODE The California Building Standards Commission has adopted and published the 2013 Building Standards Code, which is comprised of the 2013 California Building, Residential, Green Building Standards, Electrical, Plumbing, and Mechanical codes. These codes are enforced in Contra Costa County by the Building Inspection Division of the Department of Conservation and Development. Although these codes apply statewide, Health and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change these codes and establish more restrictive building standards if the jurisdiction finds that the modifications and changes a re reasonably necessary because of local climatic, geological or topographical conditions. Ordinance No. 2013-24 adopts the statewide codes and amends them to address local conditions. Pursuant to Health and Safety Code section 17958.7, the Contra Costa County Board of Supervisors finds that the more restrictive standards contained in Ordinance No. 2013-24 are reasonably necessary because of the local climatic, geological, and topographic conditions that are described below. I. Local Conditions A. Geological and Topographic 1. Seismicity (a) Conditions Contra Costa County is located in Seismic Design Categories D and E, which is the most severe earthquake area in the United States. Buildings and other structures in these zones can experience major seismic damage. Contra Costa County is in close proximity to numerous earthquake faults including the San Andreas Fault and contains all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults. A 4.1 earthquake with its epicenter in Concord occurred in 1958, and a 5.4 earthquake with its epicenter also in Concord occurred in 1955. The Concord and Antioch faults have a potential for a Richter 6 earthquake and the Hayward and Calaveras faults have the potential for a Richter 7 earthquake. Minor tremblers from seismic activity are not uncommon in the area. Contra Costa County Findings 1 A study released in 1990 by the United States Geological Survey says that there is a 67% chance of another earthquake the size o f Loma Prieta during the next 30 years, and that the quake could strike at any time, including today. Scientists, therefore, believe that an earthquake of a magnitude 7 or larger is now twice as likely to happen as to not happen. Interstates 680, 80, 580 and State Route 4 run the length throughout Contra Costa County. These interstates and state routes divide the County into a west, south, north and east. An overpass or undercrossing collapse would significantly alter the response route and time for responding emergency equipment. This is due to limited crossings of the interstate and that in some areas there is only one surface street, which runs parallel to the interstate, which would be congested during a significant emergency. Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission facilities and to gas and electrical lines in buildings, which in turn start fires throughout the County. The occurrence of multiple fires will quickly deplete existing fire depart ment resources; thereby reducing and/or delaying their response to any given fire. (b) 2. Soils (a) Contra Costa County Findings Impact A major earthquake could severely restrict the response of all Contra Costa County Fire Districts and their capability to control fires involving buildings of wood frame construction, with ordinary roofing materials and flammable exteriors, or with large interior areas not provided with automatic smoke and fire control systems. Also, when buildings not equipped with earthquake structural support move off their foundations, gas pipes may rupture. Fires develop from line ruptures and spread from house to house, causing an extreme demand for fire protection resources. The proximity of large areas wi thin the County to fault traces, necessitates adopting stricter structural construction standards. Conditions The area is replete with various soils, which are unstable, clay loam and alluvial fans being predominant. These soil conditions are 2 moderately to severely prone to swelling and shrinking, are plastic, and tend to liquefy. In many areas of Contra Costa County, the topography and development growth has created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percent of slope, some exceeding twenty (20) percent. Several of these roads extend up through the winding passageways in the hills providing access to remote housing subdivisions. Some of these roads are private access roads that are not maintained by a public agency and therefore have no formal maintenance program. During inclement weather, these roads are subject to rock and mudslides, as well as down trees, obstructing all vehicle traffic. It is anticipated that during an earthquake, several of these roads would be impassable so as to prevent fire protection resources from reaching fires caused by gas line ruptures or other sources. 3. Topographic (a) Conditions i. Vegetation Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built -up locations six (6) to eight (8) months of each year. Many of these areas frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs, or sidings. Thi s condition can be found throughout Contra Costa County, especially in those developed and developing areas of the County. Earthquake gas fires due to gas line ruptures can ignite grasslands and stress fire district resources. ii. Surface Features The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets and roads, combine to limit feasible response routes for Fire District resources in and to District areas. iii. Buildings, Landscaping and Terrain The surface features of the County’s topography preclude or Contra Costa County Findings 3 greatly limit the approach or operational access of Fire District vehicles to some building complexes within the County. In addition, the presence of security gates and private roads with narrow widths and steep grades adversely affect fire suppression efforts. When Fire District vehicles cannot gain access to buildings involved with fire, the potential for complete loss is realized. Difficulty reaching a fire site places a significant burden on fire- fighting personnel. Access problems often result in severely delaying, misdirecting or making impossible fire and smoke control efforts. In existing structures where pitch roofs have been built over an existing roof, smoke detectors should be required to warn residents of smoke and fire before the arrival of fire personnel. (b) Contra Costa County Findings Impact The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the County fire resources. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Most earthquake fires are created by natural gas developed from gas line ruptures. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur. Public safety resources would have to be prioritized to mitigate the greatest threat, and may likely be unavailable for smaller single dwellings that were caused by broken gas lines. Other variables may tend to intensify the situation: 1. The extent of damage to the water system 2. The extent of isolation due to bridge and/or freeway overpass collapse. 3. The extent of roadway damage and/or amount of debris blocking the roadways. 4. Climatic condition (hot, dry weather with high winds ). 5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours. 6. The availability of timely mutual aid or military assistance. 7. The large portion of dwellings with wood shake or shin gle 4 coverings (both on the roof diaphragm and sides of the dwellings) could result in conflagrations. 8. The large number of dwellings that slip off their foundations and rupture gas lines and electrical systems resulting in further conflagrations. B. Climatic 1. Precipitation and Relative Humidity (a) Conditions Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. Ninety -six (96) percent falls during the months of October through April and four (4) percent from May through September. This is a dry period of at least five (5) months each year. Additionally, the area is subject to occasional drought. Relative humidity remains in the middle range most of the time. It ranges from forty-five (45) to sixty-five (65) percent during spring, summer, fall, and from sixty (60) to ninety (90) percent in the winter. It occasionally falls as low as fifteen (15) percent. (b) Impact Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush and weeds, which are often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely. Gas fires due to gas line ruptures can also spark and engulf a single family residence during these dry periods. Because of dryness, a rapidly burning g as fire or exterior building fir e can quickly transfer to other buildings by means of radiation or flying brands, sparks or embers. A small fire can rapidly grow to a magnitude beyond the control capabilities of the Fire District resulting in an excessive fire loss. 2. Temperature (a) Conditions Temperatures have been recorded as high as 114° F. Average summer Contra Costa County Findings 5 highs are in the 75° to 90° range, with average maximums of 105° F in some areas of unincorporated Contra Costa County. (b) 3. Winds (a) (b) Contra Costa County Findings Impact High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building, wildland fires, and fires caused by gas line ruptures. Another impact from high temperatures is that combustible building material and non-irrigated weeds, grass and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials. This requires that more water be applied, which in turn requires more fire resources in order to control a fire on a hot day. High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the Fire Districts in Contra Costa County. The change of temperatures throughout the County between very low and extreme highs contributes to a voltage drop in conductors used for power pole lines. This necessitates that voltage drops be considered. Conditions Prevailing winds in many parts of Contra Costa County are from the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities can reach fourteen (14) mph to twenty-three (23) mph ranges, gusting to twenty-five (25) to thirty-five (35) mph. Forty (40) mph winds are experienced occasionally and winds up to fifty-five (55) mph have been registered locally. During the winter half of the year, strong, dry, gusty winds from the north move through the area for several days creating extremely dry conditions. Impact Winds such as those experienced locally can and do exacerbate fires, both interior and exterior, to burn, and spread rapidly. Fires involving non-irrigated weeds, grass, brush, and fires caused by gas line ruptures can grow to a magnitude and be fanned to an intensity 6 beyond the control capabilities of the fire services very quickly even by relatively moderate winds. When such fires are not controlled; they can extend to nearby buildings, particularly those with untreated wood shakes or shingles. Winds of the type experienced locally also reduce the effectivenes s of exterior water streams used by all Contra Costa County Fire Districts on fires involving large interior areas of buildings, fires which have vented through windows and roofs due to inadequate built-in fire protection and fires involving wood shake and shingle building exteriors. Local winds will continue to be a definite factor toward causing major fire losses to buildings not provided with fire resistive roof and siding materials and buildings with inadequately separated interior areas, or lacking automatic fire protection systems, or lacking proper gas shut-off devices to shut off gas when pipes are ruptured, or lacking proper electrical systems. National statistics frequently cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred. II. Necessity of More Restrictive Standards Because of the conditions described above, the Contra Costa County Board of Supervisors finds that there are building and fire hazards unique to Contra Costa County that r equire the increased fire protection and structural and design load requirements set forth in Ordinance No. 2013-24. The ordinance amends the statewide codes by requiring the installation of smoke detectors in existing flat roof buildings when a pitch roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed (§ 74-4.002(b).) The ordinance amends the statewide codes by requiring most wood shakes or shingles used for exterior wall covering to be fire treated (§ 74-4.002(c).) The ordinance amends the statewide code by requiring special inspections for concrete at certain foundations to be consistent with code requirements for concrete at other locations (§ 74-4.002(d).) The ordinance modifies the statewide codes by requiring masonry foundation walls and concrete foundation walls of residential structures to comply with more restrictive seismic requirements (§ § 74-4.004(d), 74-4.004(e).) Contra Costa County Findings 7