HomeMy WebLinkAboutCC RES 10-105RESOLUTION NO. 10-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL
CONDITIONS WITHIN THE CITY OF TUSTIN WHICH MAKE CERTAIN
MODIFICATIONS AND CHANGES TO THE CALIFORNIA BUILDING
CODE, CALIFORNIA RESIDENTIAL CODE, THE CALIFORNIA
PLUMBING CODE, AND THE CALIFORNIA ELECTRICAL CODE AS
AMENDED BY THE STATE OF CALIFORNIA
The City Council of the City of Tustin finds and resolves as follow:
Section 7
WHEREAS, Health and Safety Code Section 17958 provides that the City of
Tustin shall adopt Ordinances and regulations imposing the same or modified or
changed requirements as are contained in the regulations adopted by the State
pursuant to Health and Safety Code Section 17922; and
WHEREAS, the State of California is mandated by Health and Safety Code
Section 17922 to impose the same requirements as are contained in the most recent
edition of the California Building Code, the California Residential Code, the California
Plumbing Code, and the California Electrical Code (hereinafter referred to collectively as
"Codes"); and
WHEREAS, Health and Safety Code Section 17958.5(a) permits the City to
make modifications or changes to the Codes, which are reasonably necessary because
of local climatic, geographic or topographic conditions; and
WHEREAS, Health and Safety Code Section 17958.7 requires that the City
Council, before making any modifications or changes to the Codes, shall make express
findings that such changes or modifications are reasonably necessary because of local
climatic, geographic or topographic conditions; and
WHEREAS, the Community Development Department and the Orange County
Fire Authority (OCFA) have recommended that changes and modifications be made to
the Codes and has advised that certain said changes and modifications to the 2010
Edition of the California Building Code, the 2010 Edition of the California Residential
Code, the 2010 Edition of the California Plumbing Code, and the 2010 Edition of the
California Electrical Code are reasonably necessary due to local conditions in the City of
Tustin. Amendments related to fire and life-safety contained in Sections 403, 403.1,
403.1.1, 403.4.7.2, 403.4.8.1, 412.2, 412.7.5, 1505.1.3, 3402, 3405 and Table 1505.1 of
the 2010 Edition of the California Building Code, Sections R403.1.3, R405.1, R902.1,
R902.1.3, R902.2, R of the 2010 Edition of the California Residential Code, Section
604.1 and 1201.1 of the 2010 Edition of the California Plumbing Code, and Articles
Resolution 10-105
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300.5(L) and 310.2(8) of the 2010 Edition of the California Electrical Code as
recommended by the Community Development Department and the OCFA are hereby
found to be reasonably necessary due to the following local conditions.
A. Climatic Conditions
Hot, dry Santa Ana winds are common to all areas within the City of Tustin and
Orange County in general. These winds, which can cause small fires which
spread quickly, are a contributing factor to the high fire danger in the area, and
create the need for an increased level of fire protection. This added protection
will supplement normal OCFA response available and provide immediate
protection for life and safety of multiple occupancy occupants during fire
occurrences.
2. Orange County and the City of Tustin are located in a semi-arid Mediterranean
type climate which predisposes all fuels, including wood shingles, to rapid ignition
and spread of fire. Therefore, there exists a need for additional fire protection
measures.
3. The warm, dry climate is conducive to swimming pools which creates a higher
probability of children drowning where pools are unprotected.
B. Geographic Conditions
1. Orange County and the City of Tustin are located in Seismic Design Category D
or higher. There are earthquake faults that run along both the northeastern and
southwestern boundaries of Orange County. The Newport-Inglewood Fault Zone
(NIFZ) which runs through Orange County was the source of the destructive
1933 Long Beach earthquake (6.3 magnitude, hypocenter off Newport Beach
coast), which took 120 lives, with areas damaged from Laguna Beach to Marina
del Rey and inland to Whittier, and poses one of the greatest hazards to lives
and property in the nation. Regional planning for reoccurrence is recommended
by the State of California, Department of Conservation and Governor's Office of
Emergency Services. There was also an earthquake in December 1989, with the
epicenter located near the City of Irvine. The fault on which this quake occurred
was unknown prior to this activity. The October 17, 1989, Santa Cruz
earthquake resulted in only one major San Francisco fire in the Marina district,
but when combined with the 34 other fires and over 500 responses, the fire
department was taxed to its full capabilities. The Marina ire was difficult to
contain because mains supplying water to the district burst during the
earthquake. If more fires had been ignited by the earthquake, it would have been
difficult for the fire department to contain them. Experts predict a major
earthquake in the Tustin area within the next 50 years. This situation creates the
need for both additional fire protection measures and automatic on-site fire
protection for building occupants since a multitude of fires may result from
breakage of gas and electric lines as a result of an earthquake. As noted by the
document Planning Scenario on a Major Earthquake on the Newport-Inglewood
Resolution 10-105
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~.-.; Fault Zone, 1988, State Department of Conservation states: "unfortunately,
€ barely meeting the minimum earthquake standards of building codes places a
building on the verge of being legally unsafe";
2. In the event of emergency conditions within the City of Tustin, traffic and
circulation congestion often places OCFA response time to fire occurrences at
risk. This condition will be exacerbated by any major regional disaster, including
any earthquake wherein damage to the highway system will occur. This
condition makes the need for additional on-site protection for property occupants
necessary.
3. Placement of multiple occupancy buildings, location of arterial roads, and OCFA
staffing constraints due to recent revenue-limiting state legislation have made it
difficult for the OCFA to locate additional fire stations and provide manpower
sufficient to concentrate fire companies and personnel to control fires in high
density apartment or condominium buildings. OCFA equipment does not allow
easy access to areas of buildings greater than 55 feet above the level of OCFA
vehicle access. These conditions create the need for built-in on-site fire
protection systems to protect occupants and property until fire fighting apparatus
and personnel arrive on the scene.
The City of Tustin is located in an area subject to a climatic condition of -high
winds and low humidity. This combination of events creates an environment,
which is conducive to rapidly spreading fires. Control of such fires requires rapid
`'` response. Obstacles generated by a strong wind, such as fallen trees, street
lights and utility poles, and the requirement to climb 75 feet vertically up flights of
stairs will greatly impact the response time to reach an incident scene.
Additionally ASCE-7, Section 6, Figure 6-2 Height Adjustment Table identifies a
significant increase in the amount of wind force at 60 feet above the ground. Use
of aerial type fire fighting apparatus above this height would place rescue
personnel at increased risk of injury.
The City of Tustin is located in the middle of the seismically active area identified
as Seismic Design Category D or higher. The viability of the public water system
would be questionable after a major seismic event. This would leave tall buildings
vulnerable to uncontrolled fires due to a lack of available water and an inability to
pump sufficient quantities of any available water to floors above the 55-foot level.
A severe seismic event has the potential to negatively impact any rescue or fire
suppression activities because it is likely to create obstacles similar to those
indicated under the high wind section above. With the probability of strong
aftershocks there exists a need to provide increased protection for anyone on
upper floors.
4. Untreated wood roofs cause or contribute to serious fire hazard and to the rapid
spread of fires when such fires are accompanied by high winds. Pieces of
Resolution 10-105
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burning wooden roofs become flying brands and are carried by the wind to other
locations and thereby spread fire quickly.
5. Building Code Section 3402 and 3405 -Are intended to provide the tools
necessary to comply with the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, as amended, ("Stafford Act"). The Stafford Act authorizes the
Federal Emergency Management Agency (FEMA) to fund the repair and
restoration of eligible government and non-profit facilities damaged in a
Presidential declared disaster. Section 406(e) of the Stafford Act requires that the
repair and restoration be "on the basis of the design of such facility as it existed
immediately prior to the major disaster and in conformity with current applicable
codes, specifications and standards." These provisions are the recommendation
of the California Building Official (CALBO) Emergency Preparedness Committee.
6. Soils throughout the Orange County posses corrosive properties that reduce the
expected usable life of metallic electrical conduits and water services when
metallic pipes come in contact with these soils necessitating amendments to the
code to protect public health and safety.
Section 2
Amendments to the 2010 Editions of the California Building Standards Code are found
reasonably necessary based on the climatic and/or geographic conditions cited in
Section 1 of this Resolution and are listed as follows:
Code Section or Article Findin sin Section 1
CBC 403, 403.4.7.2, 403.4.8.1, 907.2.13, 907.6.3.2 A-1, B-2, B-3
CBC 412.7 B-1, B-2, B-3
CBC 903.2, 903.2.8 A-1, A-2, B-2
CBC 1505, CRC R902.1 A-1, A-2, B-2, B-4
CBC 3402, 3405 B-1, B-5
CRC R403.1.3, R405.1 B-1
CEC 300.5(L), 310.2(8) Administrative A-1, B-1, B-6
CPC 604.1, 1201.1 B-6
The aforementioned amendments have been incorporated in Ordinance No. 1386.
Section 3
The Community Development Department shall file copies of Resolutions 10-105 and
Ordinance 1386 with the California Building Standards Commission as required by
Health and Safety Code Section 17958.7.
Resolution 10-105
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PASSED and ADOPTED at a regular meeting of the City Council of the City of
Tustin, held on the 16th day of November, 2010.
Pamela Stoker
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
j "" I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 10-105 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 16th day of
November 2010, by the following vote:
COUNCILMEMBER AYES: Amante, Nielsen, Davert, Gavello (4)
COUNCILMEMBER NOES: Palmer (1)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
_~
Pamela Stoker
City Clerk
Resolution 10-105
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