HomeMy WebLinkAbout09 SECOND READING AND ADOPTION OF ORDINANCE NO. 1529
Agenda Item 9
Reviewed:
City Manager
Finance Director N/A
MEETING DATE: NOVEMBER 1, 2022
TO: MATTHEW S. WEST, CITY MANAGER
FROM: ERICA N. YASUDA, CITY CLERK
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1529
(AMENDING CHAPTER 1 OF ARTICLE 8 OF THE TUSTIN CITY CODE
AND ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS
CODE, RELATED MODEL CODES WITH CERTAIN APPENDICES, AND
SUPPLEMENTAL REGULATIONS, AND ADOPTING AMENDMENTS
THERETO)
SUMMARY:
Adoption of Ordinance No. 1529 amends the 2022 Building Standards Code with certain
Appendices and supplemental regulations. Resolution No. 22-43 is the accompanying
resolution that provides express findings that such changes or modifications are
reasonably necessary due to local climatic, geological or topographical conditions for the
City of Tustin.
RECOMMENDATION: That the City Council:
1. Adopt Resolution No. 22-43 setting forth findings as to local climatic, geological or
topographical conditions within the City of Tustin which make it reasonably
necessary to make certain amendments to the 2022 Building Standards Code; and
2. Have second reading by title only and adoption of Ordinance No. 1529.
BACKGROUND:
On October 18, 2022, the City Council had first reading by title only of Ordinance No.
1529 and continued Resolution No. 22-43 for consideration to the November 1, 2022 City
Council meeting.
ORDINANCE NO. 1529
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
ADOPTING CODE AMENDMENT 2022-0006 AMENDING CHAPTER 1 OF ARTICLE 8
OF THE TUSTIN CITY CODE AND ADOPTING THE 2022 CALIFORNIA BUILDING
STANDARDS CODE, RELATED MODEL CODES WITH CERTAIN APPENDICES, AND
AGENDA REPORT
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CERTAIN SUPPLEMENTAL REGULATIONS, INCLUDING: THE CALIFORNIA
BUILDING CODE, 2022 EDITION, ADDING APPENDIX Q; THE CALIFORNIA
RESIDENTIAL CODE, 2022 EDITION; THE CALIFORNIA FIRE CODE, 2022 EDITION,
INCLUDING APPENDICES B, BB, C, CC, AND H; THE CALIFORNIA GREEN BUILDING
STANDARDS CODE, 2022 EDITION; THE CALIFORNIA PLUMBING CODE, 2022
EDITION; THE CALIFORNIA MECHANICAL CODE, 2022 EDITION; THE CALIFORNIA
ELECTRICAL CODE, 2022 EDITION; THE CALIFORNIA ENERGY CODE, 2022
EDITION; THE CALIFORNIA HISTORICAL BUILDING CODE, 2022 EDITION; THE
CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION; THE CALIFORNIA
REFERENCED STANDARDS CODE, 2022 EDITION; THE UNIFORM HOUSING CODE,
1997 EDITION; THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS, 1997 EDITION; AND THE INTERNATIONAL PROPERTY MAINTENANCE
CODE, 2021 EDITION; WITH CERTAIN ADDITIONS, AMENDMENTS AND
DELETIONS.
RESOLUTION NO. 22-43
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 NECESSARY CERTAIN MODIFICATIONS AND
CHANGES TO THE 2022 CALIFORNIA BUILDING STANDARDS CODE
Attachments:
1. Ordinance No. 1529
2. Resolution No. 22-43
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ATTACHMENT A
ORDINANCE 1529
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ORDINANCE NO. 1529
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA ADOPTING CODE AMENDMENT 2022-0006 AMENDING
CHAPTER 1 OF ARTICLE 8 OF THE TUSTIN CITY CODE AND
ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE,
RELATED MODEL CODES WITH CERTAIN APPENDICES, AND
CERTAIN SUPPLEMENTAL REGULATIONS, INCLUDING: THE
CALIFORNIA BUILDING CODE, 2022 EDITION, ADDING APPENDIX Q;
THE CALIFORNIA RESIDENTIAL CODE, 2022 EDITION; THE
CALIFORNIA FIRE CODE, 2022 EDITION, INCLUDING APPENDICES B,
BB, C, CC, AND H; THE CALIFORNIA GREEN BUILDING STANDARDS
CODE, 2022 EDITION; THE CALIFORNIA PLUMBING CODE, 2022
EDITION; THE CALIFORNIA MECHANICAL CODE, 2022 EDITION; THE
CALIFORNIA ELECTRICAL CODE, 2022 EDITION; THE CALIFORNIA
ENERGY CODE, 2022 EDITION; THE CALIFORNIA HISTORICAL
BUILDING CODE, 2022 EDITION; THE CALIFORNIA EXISTING
BUILDING CODE, 2022 EDITION; THE CALIFORNIA REFERENCED
STANDARDS CODE, 2022 EDITION; THE UNIFORM HOUSING CODE,
1997 EDITION; THE UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS, 1997 EDITION; AND THE INTERNATIONAL
PROPERTY MAINTENANCE CODE, 2021 EDITION; WITH CERTAIN
ADDITIONS, AMENDMENTS AND DELETIONS.
The City Council of the City of Tustin does ordain as follows:
SECTION 1. Chapter 1 of Article 8 "Building Regulations" of the Tustin City Code is
deleted in its entirety and replaced as follows:
CHAPTER 1 - BUILDING CODES AND CONSTRUCTION REGULATIONS
8100 BUILDING AND CONSTRUCTION CODES ADOPTED BY REFERENCE.
For the purpose of prescribing regulations for the safe erection, construction,
enlargement, alteration, repair, improvement, removal, conversion, demolition, occupancy,
equipment use, height, and area of buildings and structures within the City of Tustin, the
following building and construction codes, including certain supplemental regulations, and
subject to the local amendments set forth in this chapter, are adopted by reference as the
City of Tustin Building Codes and Construction Regulations:
The 2022 California Building Code (Title 24, Part 2), including the administrative
provisions included in Division II of Chapter 1, adding Appendix Q, based on the
2021 International Building Code as published by the International Code Council;
The 2022 California Residential Code (title 24, Part 2.5), based on the 2021
International Residential Code as published by the International Code Council;
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The 2022 California Electrical Code (Title 24, Part 3), based on the 2017 National
Electrical Code as published by the National Fire Protection Association;
The 2022 California Mechanical Code (Title 24, Part 4), based on the 2018 Uniform
Mechanical Code as published by the International Association of Plumbing and
Mechanical Officials;
The 2022 California Plumbing Code (Title 24, Part 5), based on the 2018 Uniform
Plumbing Code as published by the International Association of Plumbing and
Mechanical Officials;
The 2022 California Energy Code (Title 24, Part 6);
The 2022 California Historical Building Code (Title 24, Part 8);
The 2022 California Fire Code (Title 24, Part 9), including Appendices B, BB, C,
CC, and H, based on the 2018 International Fire Code as published by the
International Code Council;
The 2022 California Existing Building Code (Title 24, Part 10), based on the 2018
International Existing Building Code as published by the International Code Council;
The 2022 California Green Building Standards Code (Title 24, Part 11);
The 2022 California Referenced Standards Code (Title 24, Part 12);
The 1997 Uniform Housing Code, as published by the International Conference of
Building Officials;
The 1997 Uniform Code for the Abatement of Dangerous Buildings, as published
by the International Conference of Building Officials; and
The 2021 International Property Maintenance Code, as published by the
International Code Council.
Pursuant to State law, the City of Tustin has made certain amendments to the
California Code of Regulations Title 24 California Building Standards Codes which are
necessary to address local climatic, geological, or topographical conditions in the City of
Tustin, as identified in City Council Resolution No. 22-43. Except as amended herein,
where the California Code of Regulations Title 24 Building Standards Codes differ from
any sections of the City's Building and Construction Regulations, the State regulations
shall prevail.
Notwithstanding the provisions of the above-referenced codes, all fees for services
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provided pursuant to the City of Tustin Fire Code shall not take effect until a resolution for
such fees is adopted by the Orange County Fire Authority Board of Directors.
One (1) copy of all the above-referenced codes and standards is on file in the office
of the Building Official pursuant to Health and Safety Code Section 18942 (d) (1) and are
made available for public inspection at City Hall within the Community Development
Department, Building Division, during regular business hours.
8101 AMENDMENT OF THE ADMINISTRATIVE PROVISIONS OF CHAPTER 1,
DIVISION II OF THE 2022 CALIFORNIA BUILDING CODE
Chapter 1, Division II (Scope and Administration) of the 2022 California Building
Code is amended as follows:
(a) Section 101.1 “Title” of the 2022 California Building Code is amended as
follows:
Title. These regulations shall be known as the Building Code of the City of
Tustin, hereinafter referred to as “this code.”
(b) Section 101.2 "Scope" of the 2022 California Building Code is amended to
add a new second and third paragraph to read as follows:
The provisions of these codes shall apply to and affect all of the properties
within the City of Tustin, except the work located primarily in a public right
of way; public utility towers and poles; mechanical equipment not
specifically regulated in these codes; hydraulic flood control structures;
and facilities for the production, generation, storage or transmission of
water or electrical energy by a local agency. If any conflict between this
chapter and any other provisions of the Tustin City Code exists, this
chapter shall govern.
All references to the term “Building Code” in the Tustin City Code and
Ordinances shall mean the 2022 California Building Standards Code (Title
24)
(c) Section 103.1 "Creation of enforcement agency" of the 2022 California
Building Code is amended by adding the following to the end of the
section to read as follows:
Where referred to by this code, "building official" and "code official" shall
mean the Building Official of the City of Tustin, and "Department of
Building and Safety" or "department" shall mean the Building Division of
the Community Development Department of the City of Tustin. Any and
all classification, title changes, organizational changes are made with
respect to approvals thereto by the City Council.
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(d) Section 104.6 "Right of entry" of the 2022 California Building Code is
amended by adding a second paragraph to read as follows:
When the Building Official shall have first obtained a proper inspection
warrant or other remedy provided by law to secure entry, no owner or
occupant or any other persons having charge, care of control of any
building or premises shall fail or neglect, after proper request is made as
herein provided, to promptly permit entry therein by the Building Official for
the purpose of inspection and examination pursuant to this Code.
(e) Section 105.1 "Required" of the 2022 California Building Code is amended
by adding Sections 105.1.3, 105.1.3.1, 105.1.4, and 105.1.5 to read as
follows:
105.1.3 Grading Permits. The Building Official may issue permits for
grading and for construction, demolition, addition, alteration, and installation
of improvements. Improvements subject to permit requirements include but
are not limited to: streets, parking lots, curb and gutter, driveways,
sidewalks, disabled access ramps and signage, street and parking lot
striping and signage, street and parking lot lighting, storm drains, junction
structures, catch basins, sewer mains and laterals, water mains and
services, landscaping irrigation, and miscellaneous on-site improvements.
In addition, all improvements shall comply with the Grading Ordinance and
the Water Quality Ordinance of the Tustin City Code.
105.1.3.1 Drainage across property lines. Drainage across property lines
shall not exceed that which existed prior to grading. Excess or concentrated
drainage shall be contained on site or directed to an approved drainage
facility. Erosion of the ground in the area of discharge shall be prevented by
installation of non-erosive down drains or other devises.
105.1.4 Relocation of Buildings. No building or structure shall be moved
or relocated unless and until the necessary permits to relocate the building
or structure have been issued by the Building Official. The Building Official
shall determine the applicable year and Codes that apply.
105.1.5 Demolition of Building or Structure, including in-ground
swimming pool. No building or structure, including in-ground swimming
pool, shall be demolished unless and until the necessary permits to
demolish the building or structure have been issued by the Building Official.
Prior to issuing any permits, the Building Official will ensure life and property
is reasonably protected. A refundable cash deposit or surety bond shall be
collected, to reimburse the expenses to the City should the Building Official
be required to demolish the building or structure or any portion remaining
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thereof, and dispose of the debris in a public dump and/or to repair or clean
public property damaged or not cleaned by the permittee or to mitigate water
quality impacts per Tustin City Code.
The cash deposit or surety bond to demolish buildings shall be Five
Thousand Dollars ($5,000.00) plus Two Dollars ($2.00) per square foot for
each square foot over one thousand (1,000) square feet.
The Building Official shall, in issuing any demolition permit, impose therein
such terms and conditions, including a cash bond deposit or surety bond, as
may be necessary to ensure compliance with the requirements of all federal,
State laws and City ordinances. The terms and conditions upon which each
permit is granted shall be specified in writing in the permit, or appended in
writing thereto.
Default in Performance.
a. If the Building Official finds that a default has occurred in the
performance of any term or condition of the demolition permit, or the owner
and/or permittee has soiled or damaged public property, written notice
thereof shall be given to the owner and/or permittee.
b. Such notice shall specify the work to be done, the estimated
cost thereof, and the period of time deemed by the Building Official to be
reasonably necessary for the completion of such work.
c. After receipt of such notice, the owner and/or permittee thereof
specified shall cause the required work to be performed. Should the owner
and/or permittee refuse or fail therein, the Building Official shall proceed to
cause the building to be demolished, but no liability shall be incurred therein,
other than for City expenses deducted from the cash deposit.
d. Upon completion of the demolition work, the cash deposit shall
be refunded or surety bond shall be released, less that portion required to
reimburse the City for demolition, repairs, or clean-up expenses due to the
default of the permittee.
(f) Section 105.2 "Work Exempt from Permit" of the 2022 California Building
Code is amended to read as follows:
1. Section 105.2, "Building" Item 1 is amended to read as follows:
1. One-story detached accessory structures used as tool and
storage sheds, patio and pool supply sheds, free standing vehicle
covers, BBQ or stand-alone fireplaces, playhouses and similar
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uses, regardless of the floor area and regardless of having air
conditioning, electrical or plumbing, are not exempt. A correctly
dimensioned site plan depicting the property lines, location, elevation,
colors, finishing surface and construction details shall be submitted to
the City for review and zoning approval. Electrical, plumbing,
mechanical, and grading permits where applicable are not exempt.
Upon approval of the design proposed, a building permit shall be
issued.
2. Section 105.2, "Building" Item 2 is amended to read:
2. Fences, block walls, wood, steel, or iron fences three (3) feet
and over in height above finished grade supported either by natural
grade, or by retaining walls for Group R-3 occupancies and those
structures covered by the California Residential Code are not
exempt. A correctly dimensioned site plan depicting the property
lines, location, elevation, color, finishing surface and construction
details shall be submitted to the City for review and zoning approval.
Upon approval of the design proposed, a building permit shall be
issued. A permit shall not be required if the aforementioned fence is
less than three (3) feet in height.
3. Section 105.2, "Building" Item 9 is amended to read:
9. Prefabricated swimming pools accessory to a Group R-3
occupancy that are less than 18 inches deep, do not exceed 5000
gallons and are installed entirely above ground.
(g) Section 105.3.2 "Time limitation of application" of the 2022 California
Building Code is amended to read as follows:
105.3.2 Time limitation of application. Applications for a permit for any
proposed work for which no permit is issued shall be deemed to have
expired 12 months after the date of filing. The Building Official is
authorized to grant one or more extension of time for action by the
applicant for a period not exceeding 180 days. The extension shall be
requested in writing and justifiable cause demonstrated. Plans and other
data submitted for review may thereafter be returned to the applicant or
destroyed by the Building Official. When required by State law or City
ordinance, permit applications shall be amended to comply with pertinent
State laws and City ordinances adopted subsequent to the date of
application.
Time limitation for permit application and subsequent extension as the
result of code enforcement cases shall be thirty (30) days from the date
the notice of violation is issued or otherwise determined by the Building
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Official.
(h) Section 105.5 "Expiration" of the 2022 California Building Code is
amended to read as follows:
105.5 Expiration. Every permit issued shall become invalid unless the
work on the site authorized by such permit is commenced within 12
months after its issuance, or if the work authorized on the site by such
permit is suspended or abandoned for a period of 180 days after the time
the work is commenced. The building official is authorized to grant, in
writing, one or more extensions of time, for periods not more than 180
days each. The extension shall be requested in writing and justifiable
cause demonstrated. Permits shall not be extended more than twice.
Time limitation for permit as the result of code enforcement cases shall be
thirty (30) days or as otherwise determined by the Building Official.
(i) The 2022 California Building Code is amended by adding Sections 105.8,
105.9, 105.10, 105.11 to read as follows:
105.8 Residential remodeling. The following regulations and definitions
shall apply to all remodeling construction on dwellings and properties:
1. Maintenance of property during remodeling. During remodeling,
all property shall be maintained in a reasonably clean and well-kept
manner in accordance with the Tustin City Code.
2. Definitions.
a. Remodeling. Residential remodeling is defined as
construction which constitutes an addition, alteration, erection, repair,
demolition or improvement, of an existing residential building or structure,
or other improvement located on residential property.
105.9 Change of owner or contractor of record. An issued permit shall
expire upon a change of owner or contractor if the full scope of work has
not been completed. A new permit shall be issued with the updated
information to complete the remaining scope of work. If changes have not
been made to the permitted plans and specifications, a permit issuance
fee shall be charged to the permit applicant. If changes have been made
to the permitted plans and specifications, the Building Official shall have
the project reviewed again and determine appropriate permit and plan
check fees in accordance with the City's fee resolution.
105.10 Public Encroachment. Construction materials, debris, trash
containers (dumpsters), and other non-vehicle materials shall not be
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deposited on public property without the written approval of the City
Engineer and only under such conditions as he/she may impose. Any
barricading required by the City Engineer shall be provided by the
contractor.
(j) Section 109.2 "Schedule of permit fees" of the 2022 California Building
Code is deleted in its entirety and replaced to read as follows:
109.2 Schedule of plan check and permit fees. On buildings,
structures, electrical, gas, mechanical, plumbing systems and grading, or
alterations thereof that require a permit, a fee for each plan check and
permit shall be paid as required, in accordance with the schedule as
established by the City Council resolution in effect at the time of plan
check application and issuance of the permit.
109.2.1 Plan check fees. When construction documents are required,
they should be submitted for plan check to the Building Official. A plan
check fee shall be paid at the time of submitting the documents for plan
check. The plan check fees specified in this section are separate fees
from the permit fees specified in Section 109.2 and are in addition to the
permit fees.
When submittal documents are incomplete or changed or amended so as
to require additional plan review, or when the project is phased as defined
in Section 107.3.3, or when the project involves deferred submittal items
as defined in Section 107.3.4.1, additional plan check fees shall be
charged as set forth in the fee schedule established by the City Council
resolution in effect at the time of the additional or defined plan check
submittal.
109.2.2 Engineering or inspection investigation fees. Whenever work
for which a permit is required by this Code has been commenced without
first obtaining a permit, the Building Official may require an investigation
by City staff be made before a permit may be issued for such work.
An investigation fee, in addition to the permit fee, shall be collected
whether or not a permit is then or subsequently issued for City's cost of
investigation by City staff. The payment of such investigation fee shall not
exempt an applicant from compliance with all other provisions of the
Tustin City Code nor from the penalty prescribed by law.
A real estate investigation fee may also be charged for any investigation of
a building, structure, or property, when approved by the Building Official
and requested by an owner or authorized agent of such owner. Such fee
shall be equal to or less than the cost of providing the inspection and/or
investigation.
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(k) Section 109.3 "Building permit valuations" of the 2022 California Building
Code is deleted in its entirety and replaced to read as follows:
109.3 Building permit valuations. The determination of value or
valuation under any of the provisions of these Codes shall be made as set
forth in the fee schedule established by City Council resolution in effect at
the time of plan check submittal. The value to be used in computing the
building permit and building plan check fees shall be the total value of all
construction work, including materials and labor, for which the permit is
issued, as well as all finish work, painting, roofing, electrical, plumbing,
heating, air conditioning, elevators, fire-extinguishing systems and other
permanent equipment, and grading as determined by the Building Official
based on the current edition of a nationally or regionally recognized
standard or construction cost data service.
(l) Section 109.6 "Refunds" of the 2022 California Building Code is deleted in
its entirety and replaced to read as follows:
109.6 Refunds. The Building Official may authorize refunding of a fee
paid hereunder which was erroneously paid or collected.
The Building Official may authorize refunding of not more than eighty
percent (80%) of the permit fee paid when no work has been done under a
permit issued in accordance with this Code upon written application filed
by the permittee not later than 12 months after the date of fee payment.
The Building Official may authorize refunding of not more than eighty
percent (80%) of the plan check fee paid when an application for a permit
for which a plan check fee has been paid is withdrawn or canceled before
any examination time has been expended.
The Building Official shall not authorize the refunding of any fee paid
except upon written application filed by the permittee not later than 12
months after the date of fee payment.
(m) Section 110.3 "Required inspections" of the 2022 California Building Code
is deleted in its entirety and replaced to read as follows:
110.3 Required inspections. The Building Official, upon notification,
shall make the inspections set forth in Sections 110.3.1 through 110.3.11.
Structural tests, special inspections and structural observation shall also
comply with the provisions of Chapter 17 of the 2022 California Building
Code.
110.3.1 Grading, excavation and filling inspection. Inspection shall be
conducted during earthwork, excavations, grading and filling operations in
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accordance with Section 1705, Chapter 18, and the Tustin City Code.
110.3.2 Footing and foundation inspection. Footing and foundation
inspections shall be made after excavations for footings are complete and
any required reinforcing steel and other inserts are in place. For concrete
foundations, any required forms shall be in place prior to inspection.
Materials for the foundation shall be on the job, except where concrete is
ready mixed in accordance with American Society for Testing and
Materials (ASTM) C 94, the concrete need not be on the job.
110.3.3 Concrete slab and under-floor inspection. Concrete slab and
under-floor inspections shall be made after in-slab or under-floor
reinforcing steel and building service equipment, conduit, piping
accessories, and other ancillary equipment items are in place, but before
any concrete is placed or floor sheathing installed, including the subfloor.
110.3.4 Lowest floor elevation. In flood hazard areas, upon placement
of the lowest floor, including the basement, and prior to further vertical
construction, the elevation certification required in Section 1612.4 shall be
submitted to the Building Official.
110.3.5 Frame inspection. Framing inspections shall be made after the
roof deck or sheathing, all framing, fireblocking and bracing are in place,
and pipes, chimneys and vents to be concealed are complete, and the
rough electrical, plumbing, heating wires, pipes and ducts are approved.
110.3.6 Lath and gypsum board inspection. Lath and gypsum board
inspections shall be made after lathing and gypsum board, interior and
exterior, are in place, but before any plastering is applied or gypsum board
joints and fasteners are taped and finished.
Exception: Gypsum board that is not part of a fire-resistance-rated
assembly.
110.3.7 Fire-and smoke resistant penetrations. Protection of joints and
penetrations in fire-resistance-rated assemblies, smoke barriers and
smoke partitions shall not be concealed from view until inspected and
approved.
110.3.8 Energy efficiency inspections. Inspections shall be made to
determine compliance with the CA Energy Code (Title 24, Part 6) and
shall include, but not be limited to, inspections for: envelope insulation R-
and U- values, fenestration U- value (Heat-Loss Value), duct system R-
value (Resistance-Value), and Heating, Ventilation and Air Conditioning
(HVAC) and water-heating equipment efficiency.
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110.3.9 Weather-expose balcony and walking surface waterproofing.
Where balconies or other elevated walking surfaces are exposed to water
from direct or blowing rain, snow or irrigation, and the structural framing is
protected by an impervious moisture barrier, all elements of the
impervious moisture barrier system shall not be concealed until inspected
and approved.
Exception: Where special inspections are provided in accordance
with Section 1705.1.1, Item 3.
110.3.10 Other inspections. In addition to the inspections specified
above, the Building Official is authorized to require other inspections of
any construction work to ascertain compliance with the provisions of this
Code and other laws that are enforced by the department of building
safety.
110.3.11 Special inspections and special inspectors. For special
inspections, see Chapter 17 “Special Inspections and Tests”. Special
inspection shall be performed by individuals with demonstrated
qualifications approved by the Building Official and listed by the City of
Tustin.
110.3.12 Final inspections. The final inspection shall be made after all
work required by the building permit is completed.
(n) Section 114.1 "Unlawful acts" of the 2022 California Building Code is
amended to read as follows:
114.1 Unlawful acts. It shall be unlawful for any person, firm or
corporation to grade, erect, construct, alter, extend, repair, move, remove,
demolish or occupy any building, structure or equipment regulated by this
Code, or cause same to be done, in conflict with or in violation of any of
the provisions of the Tustin City Code.
(o) Section 114.4 "Violation penalties" of the 2022 California Building Code is
amended to read as follows:
114.4 Violation penalties. No person, firm, or corporation shall violate any
provision, or fail to comply with any provisions of this Code, or of any Code
adopted herein by reference. Any person violating any of the provisions or
failing to comply with any of the mandatory requirements of this Code, or any
Code adopted by reference herein, unless otherwise specified in this Code,
shall be guilty of an infraction or misdemeanor as set forth in the Penalty
Provisions of the Tustin City Code.
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Each such person, firm, or corporation violating any provision or failing to
comply with any of the requirements shall be guilty of a separate offense,
and each day during any portion of which any violation of any provision of
this Code, or any Code adopted by reference herein, is committed,
continued or permitted by such person, shall constitute a separate offense,
and shall be punishable accordingly. Provided further that each such person
violating a provision which limits the time an act may be permitted or
continued, each such period or portion thereof of which any violation of such
provision is committed, continued or permitted by such person, shall
constitute a separate offense, and shall be punishable accordingly.
In addition to the penalties hereinabove provided, any condition caused or
permitted to exist in violation of any of the provisions of this Code, or of any
Code adopted by reference herein, may be deemed a public nuisance and
may be summarily abated as such by the City, and each day such condition
continues shall be regarded as a new and separate nuisance and offense.
(p) Section 116.1 "Unsafe Conditions" of the 2022 California Building Code is
amended to read as follows:
116.1 Conditions. All sites, buildings, structures or existing equipment
which are determined by the Building Official to be unsafe, insanitary or
deficient, because of inadequate means of egress facilities, inadequate
light and ventilation, or that constitute a fire hazard, or are otherwise
dangerous to human life or the public welfare, or that involve illegal or
improper occupancy or inadequate maintenance, as this division or in any
other effective ordinance, including but not limited to the International
Property Maintenance Code, the Uniform Housing Code, and the Uniform
Code for the Abatement of Dangerous Buildings as adopted by the City of
Tustin constitute an unsafe condition. All such unsafe conditions, sites,
buildings, structures, or equipment are hereby declared to be public
nuisances and may be abated by repair, rehabilitation, improvement,
removal, demolition, in whole or part, in accordance with the procedures
specified in the Tustin City Code or by any other legal means. A vacant
structure that is not secured against entry shall be deemed unsafe.
8102 AMENDMENT OF THE 2022 CALIFORNIA BUILDING CODE
Chapters 2 through 35, Division II of the 2022 California Building Code is amended
as follows:
(a) Section 202 "Definitions" of the 2022 California Building Code is amended
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to include the following definition:
OCFA. Orange County Fire Authority, fire authority having jurisdiction.
SPARK ARRESTER. A listed device constructed of noncombustible
material specifically for the purpose of meeting one of the following
conditions:
1. Removing and retaining carbon and other flammable particles/debris from
the exhaust flow of an internal combustion engine in accordance with
California Vehicle Code Section 38366.
2. Fireplaces that burn solid fuel in accordance with California Residential
Code R1003.9.2.
(b) Section 502.1 “Address identification” is amended as follows:
502.1 Address identification. New and existing buildings shall be
provided with approved address identification. The address identification
shall be legible and placed in a position that is visible from the street or
road fronting the property. Address identification characters shall contrast
with their background. Address numbers shall be Arabic numbers or
alphabetical letters. Numbers shall not be spelled out. Each character
shall be not less than 4 inches in height with a stroke width of not less
than 0.5 inch. For R-3 and other occupancies the numbers shall be a
minimum of 6 inches high with a minimum stroke width of 1 inch. Where
required by the fire code official, address identification shall be provided in
additional approved locations to facilitate emergency response. Where
access is by means of a private road and the building address cannot be
viewed from the public way, a monument, pole or other sign or means
shall be used to identify the structure. Address identification shall be
maintained.
(c) Section 701A.3 “Application” is hereby revised as follows:
701A.3 Application. New buildings located in any Fire Hazard Severity
Zone or any Wildland-Urban Interface Fire Area designated by the
enforcing agency constructed after the application date, and additions to
and remodel of buildings constructed before 2012 located in areas
currently designated as such, shall comply with the provisions of this
chapter. The provisions shall also apply to additions, remodels, and
accessory structures located within 100 feet of a fuel modification zone,
vegetation management area, or similar area containing hazardous
combustible vegetation, regardless of whether the property is currently
located in a designated Fire Hazard Severity Zone or Wildland-Urban
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Interface Fire Area, when materials and/or construction methods for
exterior wildfire exposure were previously required at the property by the
Building or Fire Code Official.
Exceptions:
1. Buildings of an accessory character classified as a Group U
occupancy and not exceeding 120 square feet in floor area, when
located at least 30 feet from the applicable building.
2. Buildings of an accessory character classified as a Group U
occupancy of any size located least 50 feet from an applicable
building.
3. Buildings classified as a Group U Agricultural Building, as defined
in Section 202 of this code, when located at least 50 feet from an
applicable building.
(d) Section 903.2 "Where required" of the 2022 California Building Code is
amended to read as follows:
903.2 Where required. Approved automatic sprinkler systems in
buildings and structures shall be provided when one of the following
conditions exists:
1. New buildings: Notwithstanding any applicable provisions of Sections
903.2.1 through 903.2.19, an automatic fire-extinguishing system shall
also be installed in all occupancies when the total building area exceeds
five thousand (5,000) square feet as defined in Section 202, regardless
of fire areas or allowable area, or is more than two stories in height.
Exception: Subject to approval by the Fire Code Official, open parking
garages in accordance with Section 406.5 of the California Building
Code.
2. Existing buildings: Notwithstanding any applicable provisions of this
code, an automatic sprinkler system shall be provided in an existing
building when an addition occurs and one of the following conditions
exists:
a. When an addition is 33% or more of the existing building area, and
the resulting building area exceeds five thousand (5,000) square feet
as defined in Section 202; or
b. When an addition exceeds two thousand (2,000) square feet and the
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resulting building area exceeds five thousand (5,000) square feet.
c. An additional story is added above the second floor, regardless of fire
areas or allowable area.
Exceptions:
1. Existing Group R-3 occupancies converted to Group R-3.1
occupancies and not housing bedridden clients, not housing non-
ambulatory clients above the first floor, and not housing clients above
the second floor.
2. Existing Group R-3 occupancies converted to Group R-3.1
occupancies housing only one bedridden client and complying with
Section 435.8.3.3 of the California Building Code.
3. Pursuant to Health and Safety Code, Section 13113, occupancies
housing ambulatory children only, none of whom are mentally ill
children or children with intellectual disabilities, and the buildings or
portions thereof in which such children are housed are not more than
two stories in height, and building or portions thereof housing such
children have an automatic fire alarm system activated by approved
smoke detectors.
4. Pursuant to Health and Safety Code, Section 13143.6, occupancies
licensed for protective social care which house ambulatory clients
only, none of whom is a child (under the age of 18 years), or who is
elderly (65 years of age or over).
(e) Section 903.3.5.3 "Hydraulically calculated systems" is added to the 2022
California Building Code to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically
calculated fire sprinkler systems shall not exceed ninety percent (90%) of the
water supply capacity.
Exception: When static pressure exceeds one hundred (100) psi and when
required by the fire code official, the fire sprinkler system shall not exceed
water supply capacity specified by Table 903.3.5.3.
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(f) Table 1505.1 of the 2022 California Building Code is amended to read as
follows:
TABLE 1505.1a
MINIMUM ROOF COVERING CLASSIFICATIONS
FOR TYPES OF CONSTRUCTION
IA IB IIA IIB IIIA IIIB IV VA VB
B B B B B B B B B
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.
a. Unless otherwise required in accordance with Chapter 7A.
(g) Section 1505.1.2 "Roof coverings within all other areas" of the 2022
California Building Code is amended to read as follows:
1505.1.3 Roof coverings within all other areas. The entire roof
covering of every existing structure where more than fifty percent (50%) of
the total roof area is replaced within any one-year period, the entire roof
covering of every new structure, and any roof covering applied in the
alteration, repair or replacement of the roof of every existing structure,
shall be a fire-retardant roof covering that is at least Class B.
(h) Section 1807.1.6 “Prescriptive design of concrete and masonry foundation
walls” of the 2022 California Building Code is amended to read as follows:
1807.1.6 Prescriptive design of concrete and masonry foundation
walls. Concrete and masonry foundation walls that are laterally supported
at the top and bottom shall be permitted to be designed and constructed in
accordance with this section. Prescriptive design of foundation walls shall
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not be used for structures assigned to Seismic Design Category D, E, or
F.
(i) Section 3109.1 “General” of the 2022 California Building Code is amended
to read as follows:
3109.1 Construction requirements.
(a) All pool construction shall be in conformance with engineered design
for expansive soils, unless a soils report by a registered engineer
approved by the Building Official indicates otherwise.
(b) The pool shall be constructed not less than seven (7) feet from the
top of a cut, fill or natural earth slope, not less than five (5) feet from
toe of a cut, fill or natural earth slope.
(c) A continuous inspection by a special inspector shall be required on all
pools constructed of reinforced gunite, or reinforced cast in place
concrete. Said special inspector shall insure all electrical bonding is
properly installed; ensure all required reinforcing steel and diving
board or slide anchor bolts are properly in place, ensure concrete is
cast to the thickness required for expansive soil, ensure the concrete
is properly placed; and take test samples during the placing of
concrete and such samples shall be tested by an approved testing
laboratory to attain a strength exceeding two thousand (2,000) psi, or
as required by the design engineer at twenty-eight (28) days.
Should such test show the concrete to fail or to be of questionable
quality or strength, the special inspector may require core tests to be
taken upon approval of the Building Official. Special inspectors shall
submit to the Building Official a written report showing the dates of
inspection, and the results of the laboratory tests. The report shall
indicate the reinforcing steel is per the approved drawings, expansive
soil details were followed, the work complies with the approved
drawings, this Code and footings and anchor bolts of diving boards
and other pool accessories are adequate.
(j) Section 3109.2 “California swimming pool safety act (statewide)”,
“115922” and “115925” of the 2022 California Building Code is amended
to read as follows:
115922
(a) Except as provided in Section 115925, when a building permit is
issued for the construction of a new swimming pool or spa or the
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remodeling of an existing swimming pool or spa, at a private, single-family
home the respective swimming pool or spa shall be equipped with item #1
and, at least one additional of the following seven drowning prevention
safety features:
1. An enclosure that meets the requirements of Section 115923 and
isolates the swimming pool or spa from the private single-family home.
Any walls of the single-family structure or accessory structures used to
complete the isolation enclosure must have door openings equipped with
protection as required in item #4 or #5. Any such door protection device
provided for this purpose may not be used to comply with the second
drowning prevention feature.
2. Removable mesh pool fencing that meets American Society for Testing
and Materials (ASTM) Specifications F2286 standards in conjunction with
a gate that is self-closing and self-latching and can accommodate a key
lockable device. The mesh fencing setback shall be not less than 20
inches from the water’s edge.
3. An approved safety pool cover, as defined in subdivision (d) of Section
115921.
4. Exit alarms on the private single-family home’s doors that provide direct
access to the swimming pool or spa. The exit alarm may cause either an
alarm noise or a verbal warning, such as repeating notification that “the
door to the pool is open”.
5. A self-closing, self-latching device with a release mechanism placed no
lower than 54 inches (1372mm) above the floor on the private single-
family home’s doors providing direct access to the pool or spa.
6. An alarm that, when placed in a swimming pool or spa, will sound upon
detection of accidental or unauthorized entrance into the water. These
pool alarms shall meet and be independently certified to the ASTM
Standard F2208 “Standard Safety Specification for Residential Pool
Alarms” which includes surface motion, pressure, sonar, laser and infrared
type alarms. A swimming protection alarm feature designed for individual
use, including an alarm attached to a child that sounds when the child
exceeds a certain distance or becomes submerged in water, is not a
qualifying drowning safety prevention feature.
7. Other means of protection, if the degree of protection afforded is equal
to or greater than that afforded by any of the features set forth above and
have been independently verified by an approved testing laboratory as
meeting standards for those devices established by the ASTM or the
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American Society of Testing Mechanical Engineers (ASME).
(b) Prior to the issuance of any final approval for the completion of
permitted construction or remodeling work, the local building code official
shall inspect the drowning safety prevention devices required by this act
and if no violations are found, shall give final approval.
115925
The requirements of this article do not apply to any of the following:
(a) Public swimming pools.
(b) An apartment complex, or any residential setting other than a single-
family home.
(k) Section 3109 "swimming pools, spas and hot tubs” of the 2022 California
Building Code is amended by adding Sections 3109.3 to read as follows:
3109.3 Waste water disposal. No direct connection shall be made between
any storm drain, sewer, drainage system, seepage pit, underground
leaching pit, or subsoil drainage line, and any line connected to a swimming
pool, unless approved by the Building Official.
Waste water from any filter, scum filter, scum gutter, overflow pool emptying
line or similar apparatus or appurtenance shall discharge into an approved
type receptor by air gap and subsequently into the public sewer. The flood
level rim of such receptor shall be at least six (6) inches above the flood
level of the adjacent ground. Each such receptor, when permitted to be
connected to any part of a drainage system shall be provided with an
approved three (3) inch trap.
Plans and specifications for any deviation from the above manner of
installation shall first be approved by the Building Official before any portion
of any such system is installed.
(l) Appendix Q "Building Security" is added to the 2022 California Building
Code to read as follows:
Appendix Q
Building Security
The provisions of this chapter shall apply to openings into all buildings,
including dwelling units within apartment houses of Group R, Divisions 1,
2, and 3 Occupancies, and to openings between attached garages and
dwelling units. Except for vehicular access, door openings in enclosed
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attached garages shall be in accordance with the provisions of this
chapter.
Q101 Garage Type Doors. Rolling Overhead, Solid Overhead, Swinging,
Sliding or Accordion style doors shall conform to the following:
1. Fiberglass doors shall have panels a minimum density of six (6)
ounces per square foot from the bottom of the door to a height of
seven (7) feet. Panels above seven (7) feet and panels in residential
structures shall have a density of not less than five (5) ounces per
square foot.
2. Overhead doors shall be equipped with bolts which shall be capable of
utilizing padlocks with a minimum nine-thirty-seconds-inch (9/32)
shackle.
3. Doors utilizing a cylinder lock shall have a minimum five-pin tumbler
operation with the bolt or locking bar extending into the receiving guide
a minimum of one (1) inch.
4. Doors that exceed sixteen (16) feet in width shall have two (2) lock
receiving points, or if the door does not exceed nineteen (19) feet, a
single bolt may be used if placed in the center of the door with the
locking point located either in the floor or door frame header.
5. Slide bolt assemblies shall have a frame a minimum of 0.120 inches in
thickness, a bolt diameter a minimum of one-half (1/2) inch and
protrude at least one and one-half (1 1/2) inches into the receiving
guide. A bolt diameter of three eights (3/8) inch may be used in a
residential building.
6. Slide bolt assemblies shall be attached to the door with bolts which are
non-removable from the exterior. Rivets shall not be used to attach
such assemblies.
7. Padlocks used with exterior mounted slide bolts shall have a hardened
steel shackle a minimum of nine thirty-seconds (9/32) inch in diameter
with heel and tow locking and a minimum five-pin tumbler operation.
The key shall be non-removable when in an unlocked position."
Q102 Special Residential Building Provisions. The following special
provisions shall apply to all residential dwellings (R-1, R-2, and R-3):
1. Except for vehicular access doors, all exterior swinging doors of any
residential building and attached enclosed garages, including the door
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leading from the garage area into the dwelling unit, shall be equipped
as follows:
a. All wood doors shall be of solid core construction with a minimum
thickness of one and three fourths (1 3/4) inches, or with panels not
less than nine-sixteenths (9/16) of an inch thick.
b. A single or double door shall be equipped with a single cylinder
deadbolt having a minimum protection of one (1) inch and an
embedment of at least three-fourths (3/4) inch into the strike
receiving the bolt. The bolt shall be constructed so as to resist
cutting tool attacks.
The cylinder shall have a cylinder guard, a minimum of five (5) pin
tumblers, and shall be connected to the inner portions of the lock by
connecting screws of at least one-fourth (1/4) inch in diameter.
(The provisions of the preceding paragraph do not apply where
panic hardware is required or an equivalent device is approved by
the enforcing authority. Further, a dual locking mechanism,
constructed so that both the deadbolt and latch can be retracted by
a single action of the inside door knob or lever, may be substituted
provided it meets all other specifications for locking devices.)
c. The inactive leaf on metal frame double doors shall be equipped
with flush bolts having a minimum protection of five-eighths (5/8)
inch at the top and bottom of the leaf. On wood frame double
doors, the projection shall be a minimum of one (1) inch.
d. Glazing in exterior doors or within forty (40) inches of a door locking
mechanism shall be of fully tempered glass or rated burglary
resistant glazing, except where double cylinder deadbolts are
installed.
e. All front exterior doors shall be equipped with a wide angle (one
hundred eighty [180] degrees) door viewer, except where clear
vision panels are installed.
2. Lighting in R-1 and R-2 type occupancies shall be as follows:
a. Aisles, passageways and recesses related to and within the
building complex shall be illuminated with a maintained minimum of
twenty-five hundredths (.25) of a footcandle at the ground level
during the hours of darkness. Lighting devices shall be protected
by weather and vandalism resistant covers.
b. Open parking lots and carports shall be illuminated with a
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maintained minimum of one (1) footcandle of light on the parking
surface during hours of darkness. Lighting devices shall be
protected by vandal resistant covers or lens. These lighting
devices shall be automatically energized during hours of darkness.
c. Luminaires utilized to meet the requirements of this section shall
have vandal resistant light fixtures and be not less than three (3)
feet in height from the walking surface when used to illuminate
walkways and a minimum of seventy-eight (78) inches in height
above the driving surface when illuminating surfaces associated
with vehicles.
d. A site plan shall be provided showing buildings, parking area,
walkways, detailed landscaping and a point-by-point photometric
calculation of the required light levels. Landscaping shall not be
planted so as to obscure required light levels. Footcandles shall be
measured on a horizontal plane.
3. Each residential unit of R-1 and R-2 type occupancies shall have an
enclosed parking space with a garage door equipped as in Section
P101 of this chapter.
Q103 Special Commercial Building. Provisions for other than Group R-
1, R-2, R-3 and U-1.
The following special provisions shall apply to buildings other than Group
R-1, R-2, R-3 and U-1:
1. All exterior swinging doors shall be equipped with a single cylinder
deadbolt. The bolt shall have a minimum projection of one (1) inch and
will have an embedment of at least three-quarters (3/4) inch into the
strike receiving the bolt. The bolt shall be constructed so as to resist
cutting tool attacks. The cylinder shall have a cylinder guard, a
minimum of five (5) pin tumblers and shall be connected to the inner
portion of the lock by connecting screws of at least one-quarter (1/4)
inch diameter. (The provisions of the preceding paragraph do not
apply where panic hardware is required or an equivalent device is
approved by the enforcing authority.)
2. Wood doors shall be of solid core construction and have a minimum
thickness of not less than one and three-fourths (1 3/4) inches.
3. Hollow metal doors shall be constructed of a minimum sixteen (16)
U.S. gauge steel and have sufficient reinforcement to maintain the
designed thickness of the door when any locking device is installed;
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such reinforcement being able to resist collapsing of the door around
the locking device.
4. The inactive leaf on metal frame double doors shall be equipped with
automatic flush bolts having a minimum projection of five-eighths (5/8)
inch at the top and bottom of the leaf. On wood frame doors, the
projection shall be a minimum of one (1) inch.
5. Double doors shall have an astragal constructed of steel a minimum of
one-eighth (1/8) inch thick which will cover the opening between the
doors. The astragal shall be a minimum of two (2) inches wide and
extend a minimum of one (1) inch beyond the edge of the door to
which it is attached. The astragal shall be attached to the outside of
the active door by welding or non-removable bolts spaced apart on not
more than ten (10) inches on center.
6. Any glazing utilized within forty (40) inches of any locking mechanism
on a door shall be secured as follows:
a. Fully tempered glass or rated burglary resistant glazing; or
b. Iron or steel bars of at least one-half-inch round or one-inch by one-
fourth-inch flat metal spaced not more than five (5) inches apart
and secured on the inside of the building; or
c. Iron or steel grills of at least one-eighth (1/8) inch metal with a
maximum two (2) inch mesh, secured on the inside of the building.
Items a. and b. above shall not interfere with the operation of
opening windows if such windows are required to be openable by
this Code.
7. Aluminum frame swinging doors shall conform to the following:
a. The jamb shall be so constructed or protected to withstand sixteen
hundred (1,600) pounds of pressure in both a vertical distance of
three (3) inches and a horizontal distance of one (1) inch each side
of the strike, so as to provide violation of the strike.
b. The bolt projection shall be a minimum of one and one-half (1½)
inches; or, a hook shaped or similar bolt may be used as long as it
engages the strike sufficiently to resist jamb spreading.
8. In multiple occupancy office buildings, all entrance doors to individual
office suites shall meet the requirements for exterior doors.
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9. Where panic hardware is required by this Code, or Title 19, it shall be
equipped and installed as follows:
a. There shall be a minimum of two (2) locking points on each door; or
b. On single doors, panic hardware may have one (1) locking point
which is not to be located at either the top or bottom rails of the
door frame. The door shall have an astragal constructed of steel
0.125 inches thick which shall be welded or attached with non-
removable bolts to the outside of the door. The astragal shall
extend a minimum of two (2) inches wide and extend a minimum of
one (1) inch beyond the edge of the door; or
c. Double doors containing panic hardware shall have an astragal
attached to the doors at their meeting point which will close the
opening between them but not interfere with the operation of either
door.
10. Exterior transoms or windows shall be deemed accessible if less than
twelve (12) feet above ground or adjacent to any pedestrian walkway.
Accessible windows and transoms not visible from a public or private
thoroughfare and having a pane or opening exceeding ninety-six (96)
square inches shall be constructed or protected as follows:
a. Fully tempered or rated burglary resistant glazing shall be used; or
b. Interior steel or iron bars of at least one-half (1/2) inch round or
one-inch by one-quarter-inch (1" x 1/4") flat steel or iron may be
used if spaced not more than five (5) inches apart and secured by
bolts which are non-removable from the exterior; or
c. Interior iron or steel grills of at least one-eighth (1/8) inch metal
having a mesh of not more than one (1) inch may be used if
secured with bolts which are non-removable from the exterior.
Items a. and b. above shall not interfere with the operation of windows
if such windows are required to be operable by this Code. The bars or
grillwork shall be capable of quick opening from the inside only.
11. All hatchway openings on the roof of any building used for business
purposes shall be secured as follows:
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a. If the hatchway is of wooden material it shall be covered on the
inside with a minimum sixteen (16) gauge sheet metal or its
equivalent, attached with screws.
b. The hatchway shall be secured from the inside with a slide bar or
slide bolt. The slide bar or slide bolt shall automatically release when
actuated by smoke or heat from a fire.
c. Outside hinges on all hatchway openings shall be provided with non-
removable pins and shall use non-removable screws for mounting.
12. All exterior air duct or air vent openings exceeding ninety-six (96)
square inches shall be secured by one of the following means:
a. Iron or steel bars of at least one-half (1/2) inch round or one-inch by
one-fourth inch (1" x 1/4") flat metal, spaced no more than five (5)
inches apart and secured by bolts which are non-removable from
the exterior; or
b. Iron or steel grills having a minimum thickness of one-eighth-inch, a
mesh of net not more than one-inch, and secured by bolts which
are non-removable from the exterior.
c. The above must not interfere with any venting requirements.
13. Permanently affixed ladders leading to roofs shall be covered with
sheet metal to a height of ten (10) feet. If the ladder protrudes more
than six (6) inches from the building, the sides must also be covered
with sheet metal. The covering shall be locked against the ladder by
means of a case-hardened hasp, secured with non-removable bolts or
screws. If hinges are of the pin type, they shall be equipped with non-
removable pins.
Padlocks shall have hardened steel shackles, heel and toe locking, a
minimum of five (5) pin tumblers in its operation and a non-removable
key when in an unlocked position.
14. All exterior commercial doors shall be illuminated with a minimum of
one (1) footcandle of light. Such lights shall be maintained during
hours of darkness and be protected by vandal resistant covers.
15. Open parking lots providing more than ten (10) parking places and for
use by the general public shall be provided with a maintained minimum
of one (1) footcandle of light on the parking surface from dusk until the
termination of business every operating day.
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16. Every commercial building shall display an address number in a
prominent position so that it shall be easily visible from the street. The
numerals in these numbers shall be no less than six (6) inches in
height, of a color contrasting to the background and located so that
they may be clearly seen and read. Any business which affords
vehicular access to the rear of the building through any driveway,
alleyway or parking lot shall also display the same numbers on the rear
of the building.
Q104 Definitions.
Approved. Approved by the Building Official as meeting the requirements
of this Chapter with regard to a given material, mode of construction, piece
of equipment or device.
Auxiliary Locking Device. A secondary locking system added to the
primary locking system to provide additional security.
Bolt. A metal bar which, when actuated, is projected (or thrown) either
horizontally or vertically into a retaining member, such as a strike plate, to
prevent a door from moving or opening.
Part. As distinguished from component, is a unit for subassembly, which
combines with other units to make up a component.
Primary Locking Device. The single locking system on a door or window
unit whose function is to prevent unauthorized intrusion.
Single Cylinder Deadbolt. A deadbolt lock which is activated from the
exterior by a key and from the interior by a knob, thumb-turn, lever or
similar mechanism.
Solid Core Door. A door composed of solid wood construction.
Stile. A vertical framing member of a window or door. A meeting stile is
one which mates with a stile of another sash or a vertical framing member
of a door or window frame when the sash is in the closed position.
Strike. A metal plate attached to or mortised into a door jamb to receive
and to hold a projected latch bolt and/or deadbolt in order to secure the
door to the jamb.
Swinging Door. A door hinged at the stile or pinned at the head and
threshold.
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U.L. Listed. Tested and listed by Underwriters' Laboratories, Inc.
Q105 Keying Requirements. Upon occupancy by the owner or
proprietor, each single unit in a tract or commercial development,
constructed under the same general plan, shall have locks using
combinations which are interchange free from locks used in all other
separate dwellings, proprietorships or similar distinct occupancies. This is
intended to prohibit master keying.
8103 AMENDMENT OF THE 2022 CALIFORNIA RESIDENTIAL CODE
The 2022 California Residential Code is amended as follows:
(a) Section R301.2 “Climatic and geographical design criteria” of the 2022
California Residential Code is amended by revising Table R301.2 to read
as follows:
TABLE R301.2 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
SNOW
LOADo
WIND DESIGN
SEISMIC DESIGN CATEGORYf
SUBJECT TO DAMAGE FROM
WINTER
DESIGN
TEMPe
ICE BARRIER
UNDERLAYMENT
REQUIREDh
FLOOD HAZARDSg
AIR
FREEZING
INDEXi
MEAN
ANNUAL
TEMPj Speedd (mph) Topographic effectsk Special wind regionl Windborne debris zonem
Weatheringa
Frost line depthb Termitec
Zero
110
No
No
No
D2 or E
Negligible
12”–24”
Very Heavy
43
No
Yes/ No
Zero
60
MANUAL J DESIGN CRITERIAn
Elevation Latitude Winter Heating Summer cooling Altitude correction factor Indoor design
temperature
Design temperature
cooling
Heating temperature
difference
305 34 37 91 70 75
Cooling temperature
difference
Wind velocity heating Wind velocity cooling Coincident wet bulb Daily range Winter humidity Summer humidity
7 69 27 7 (50% RH)
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s.
a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the
structural requirements of this code. The weathering column shall be filled in with the weathering
index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the Weathering
Probability Map [Figure R301.2(1)]. The grade of masonry units shall be determined from ASTM C 34,
C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.
b. The frost line depth may require deeper footings than indicated in Figure R403.1(1).
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on
whether there has been a history of local subterranean termite damage.
d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map
[Figure R30l.2(2)]. Wind exposure category shall be determined on a site-specific basis in
accordance with Section R301.2.1.4.
e. Temperatures shall be permitted to reflect local climates or local weather experience as determined
by the Building Official.
f. The jurisdiction shall fill in this part of the table with the seismic design category determined from
Section R301.2.2.1.
g. See City's FIRM maps for Flood Hazard Locations.
h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and
R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the
jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of
the table with "NO."
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i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-
days) from Figure R403.3(2) or from the l00-year (99%) value on the National Climatic Data Center
data table "Air Freezing Index- USA Method (Base 32°)" at www.ncdc.noaa.gov/fpsf.htrnl.
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National
Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at
www.ncdc.noaa.gov/fpsf.html.
k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural
damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of
the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table.
l. In accordance with Figure R301.2(2), where there is local historical data documenting unusual wind
conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific
requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
m. In accordance with Section R301.2.1.2.1, the jurisdiction shall indicate the wind-borne debris wind
zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or
1b from ACCA Manual J or established criteria determined by the jurisdiction.
o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figures
R301.2(3) and R301.2(4).
(b) Section R301.9 “Fuel Modification Requirements for New Construction” of
the 2022 California Residential Code is hereby added as follows:
R301.9 Fuel Modification Requirements for New Construction. All
new structures and facilities adjoining land containing hazardous
combustible vegetation shall be approved and in accordance with the
requirements of OCFA Guideline C-05 “Vegetation Management Guideline
– Technical Design for new Construction Fuel Modification Plans and
Maintenance Program.”
(c) Section R309.6 “Fire sprinkler attached garages, and carports with
habitable space above” of the 2022 California Residential Code is hereby
amended by modifying the exception as follows:
Exception: An automatic residential fire sprinkler system shall not be
required when additions or alterations are made to existing carports and/or
garages that do not have an automatic fire sprinkler system installed
unless a sprinkler system is required in accordance with California
Building Code Section 903.2.8.
(d) Section R313.1 "Townhouse automatic fire sprinkler systems" of the 2022
California Residential Code is hereby amended by modifying the exception
as follows:
Exception: An automatic residential fire sprinkler system shall not be
required when additions or alterations are made to existing townhouses
that do not have an automatic fire sprinkler system installed unless a
sprinkler system is required in accordance with California Fire Code
Section 903.2.8.
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(e) Section R313.2 "One- and two-family dwellings automatic fire sprinkler
systems" of the 2022 California Residential Code is amended by modifying
the exception as follows:
Exception: An automatic residential fire sprinkler system shall not be
required for additions or alterations to existing buildings that are not
already provided with an automatic residential sprinkler system unless a
sprinkler system is required in accordance with the 2022 California
Building Code, amended Section 903.2.
(f) Section R313.3.6.2.2 “Calculation procedure” of the 2022 California
Residential Code is amended to read as follows:
R313.3.6.2.2 Calculation procedure. Determination of the required size
for water distribution piping shall be in accordance with the following
procedure and California Fire Code Section 903.3.5.
(The remainder of the section is unchanged)
(g) Section R337.1.3 “Application” of the 2022 California Residential Code is
amended to read as follows:
R337.1.3 Application. New buildings located in any Fire Hazard
Severity Zone or any Wildland-Urban Interface Fire Area designated by
the enforcing agency constructed after the application date, and additions
to and remodel of buildings constructed before 2012 located in areas
currently designated as such, shall comply with the provisions of this
chapter. The provisions shall also apply to additions, remodels, and
accessory structures located within 100 feet of a fuel modification zone,
vegetation management area, or similar area containing hazardous
combustible vegetation, regardless of whether the property is currently
located in a designated Fire Hazard Severity Zone or Wildland-Urban
Interface Area, when materials and/or construction methods for exterior
wildfire exposure were previously required at the property by the Building
or Fire Code Official.
Exceptions:
1. Buildings of an accessory character classified as a Group U occupancy
and not exceeding 120 square feet in floor area, when located at least 30
feet from an applicable building.
2. Buildings of an accessory character classified as a Group U occupancy of
any size located at least 50 feet from an applicable building.
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3. Buildings classified as a Group U Agricultural Building, as defined in
Section 202 of this code when located at least 50 feet from an applicable
building.
(h) Section R902 “Fire Classification” of the 2022 California Residential Code is
amended to read as follows:
R902.1 Roofing covering materials. Roofs shall be covered with
materials as set forth in Sections R904 and R905. A minimum Class A or
B roofing shall be installed in areas designated by this section. Classes A
or B roofing required by this section to be listed shall be tested in
accordance with UL 790 or ASTM E 108.
Exceptions:
(a) Class A roof assemblies include those with coverings of brick,
masonry and exposed concrete roof deck.
(b) Class A roof assemblies also include ferrous or copper shingles or
sheets, metal sheets and shingles, clay or concrete roof tile, or
slate installed on noncombustible decks.
R902.1.2 Roof coverings within all other areas. The entire roof
covering of every existing structure where more than 50 percent of the
total roof area is replaced within any one-year period, the entire roof
covering of every new structure, and any roof covering applied in the
alteration, repair or replacement of the roof of every existing structure,
shall be a fire-retardant roof covering that is at least Class B.
R902.2 Fire-retardant-treated shingles and shakes. Fire-retardant-
treated wood shakes and shingles are wood shakes and shingles
complying with UBC Standard 15-3 or 15-4 which are impregnated by the
full-cell vacuum-pressure process with fire-retardant chemicals, and which
have been qualified by UBC Standard 15-2 for use on Class A or B roofs.
(i) Section R1001.14 “Outdoor Fireplaces, Fire Pits, Fire Rings, or similar
devices” is hereby added as follows:
R1001.13 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar
devices. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices
shall comply with this section.
Exception: Barbeques, grills, and other portable devices intended solely
for cooking.
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(j) Section R1001.13.1 “Gas-fueled devices” is hereby added as follows:
R1001.13.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar
devices fueled by natural gas or liquefied-petroleum gas are allowed when
approved by the Building Department and the device is designed to only
burn a gas flame and not wood or other solid fuel. At R-3 occupancies,
combustible construction shall not be located within three feet of an
atmospheric column that extends vertically from the perimeter of the device.
Where a permanent Building Department approved hood and vent is
installed, combustible construction may encroach upon this column between
the bottom of the hood and the vent opening. Where chimneys or vents are
installed, they shall have a spark arrester in accordance with Section
R1003.9.2.
(k) Section R1001.13.2 “Devices using wood or fuels other than natural gas or
liquefied-petroleum gas” is hereby added as follows:
R1001.13.2 Devices using wood or fuels other than natural gas or
liquefied-petroleum gas. Fireplaces burning wood or other solid fuel shall
be constructed in accordance with Section R1001. Fires in a fireplace shall
be contained within a firebox with an attached chimney. The opening in the
face of the firebox shall have an installed and maintained method of
arresting sparks. The burning of wood or other solid fuel in a device is not
allowed within 15 feet of combustible structures, unless within a permanent
or portable fireplace.
(l) Section R1001.13.3 “Devices using wood or fuels other than natural gas or
liquefied-petroleum gas” is hereby added as follows:
R1001.13.3 Where prohibited. The burning of wood and other solid fuels
shall not be conducted within a fuel modification zone. Wood and other solid
fuel burning fires in devices other than permanent fireplaces are not allowed
within Wildfire Risk Areas (WRA) and adopted Fire Hazard Severity Zones
(FHSZ) or in locations where conditions could cause the spread of fire to the
WRA or FHSZ, unless determined by the Fire Code Official that the location
or design of the device should reasonably prevent the start of a wildfire.
(m) Chapter 44 “Referenced Standards” of the 2022 California Residential Code is
amended to read as follows:
NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is
amended as follows:
8.15.1.2.7 Concealed spaces filled with noncombustible insulation shall not
require sprinkler protection when approved by fire code official.
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11.1.1.1 When fire sprinkler systems are required in buildings of
undetermined use other than warehouses, they shall be designed and
installed to have a fire sprinkler density of not less than that required for an
Ordinary Hazard Group 2 use, with no reduction(s) in density or design area.
Warehouse fire sprinkler systems shall be designed to Figure 16.2.1.3.2 (d)
curve “G”. Use is considered undetermined if a specific tenant/occupant is
not identified at the time the sprinkler plan is submitted. Where a
subsequent use or occupancy requires a system with greater capability, it
shall be the responsibility of the occupant to upgrade the system to the
required density for the new use or occupancy.
11.2.3.1.1.1 The available water supply for fire sprinkler system design shall
be determined by one of the following methods, as approved by the fire code
official:
1. Subtract the project site elevation from the low water level for the
appropriate pressure zone and multiply the result by 0.433;
2. Use a maximum of 40 psi, if available;
3. Utilize the OCFA water-flow test form/directions to document a flow
test conducted by the local water agency or an approved third party
licensed in the State of California.
NFPA 13D 2016 Edition, Standard for the Installation of Sprinkler Systems in
One- and Two-Family Dwellings and Manufactured Homes is hereby
amended as follows:
7.1.2 The sprinkler system piping shall not have separate control valves
installed unless supervised by a central station, proprietary, or remote
station alarm service.
8104 AMENDMENT OF THE 2022 CALIFORNIA FIRE CODE
The 2022 California Fire Code is amended to read as follows:
(a) Section 112.4 "Violation penalties" of the 2022 California Fire Code is
amended to read as follows:
112.4 Violation penalties. Persons who shall violate a provision of this code or
shall fail to comply with any of the requirements thereof or shall fail to comply
with any issued orders or notices or who shall erect, install, alter, repair or do
work in violation of the approved construction documents or directive of the fire
code official, or of a permit or certificate used under provisions of this code, shall
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be subject to penalties assessed as prescribed in the OCFA Prevention Field
Services adopted fee schedule. Each day that a violation continues after due
notice has been served shall be deemed a separate offense.
(b) Sections 112.4.2 "Infraction and Misdemeanor" is added to the 2022
California Fire Code to read as follows:
112.4.2 Infraction and misdemeanor. Persons operating or maintaining any
occupancy, premises or vehicle subject to authorized representative are guilty of a
misdemeanor. this code that shall permit any fire or life safety hazard to exist on
premises under their control shall be guilty of an infraction. Persons who fail to
take immediate action to abate a fire or life safety hazard when ordered or notified
to do so by the chief or a duly authorized representative are guilty of a
misdemeanor.
(c) Section 202 "General Definitions" of the 2022 California Fire Code is
amended to include the following definitions:
OCFA. Orange County Fire Authority, fire authority having jurisdiction.
SPARK ARRESTER. A listed device constructed of noncombustible
material specifically for the purpose of meeting one of the following
conditions:
1. Removing and retaining carbon and other flammable particles/debris
from the exhaust flow of an internal combustion engine in
accordance with California Vehicle Code Section 38366.
2. Fireplaces that burn solid fuel in accordance with California Building
Code Chapter 28.
(d) Chapter 3 of the California Fire Code is adopted with the exception of
Sections 308.1.4, 311.5 through 311.5.5, 318, and 319 and Section
304.1.2 "Vegetation" of the 2022 California Fire Code is amended to read
as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable
of being ignited and endangering property, shall be cut down and removed
by the owner or occupant of the premises. Vegetation clearance
requirement in urban-wildland interface areas shall be in accordance with
Chapter 49. Type, amount, arrangement, and maintenance of vegetation
in a fuel modification area, interior slope, or similarly hazardous area shall
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be in accordance with OCFA Guideline C-05 “Vegetation Management
Guideline—Technical Design for New Construction, Fuel Modification
Plans, and Maintenance Program.”
(e) Section 305.6 “Hazardous Condition” is added to the 2022 California Fire
Code as follows:
305.6 Hazardous conditions. Outdoor fires burning wood or other solid
fuel are not allowed when any of the following conditions applies:
1. when predicted sustained winds exceed 8 MPH and relative
humidity is less than 25%, or a red flag condition has been
declared.
2. when an official sign was caused to be posted by the fire code
official, or a public announcement is made
No outdoor fires using any fuel type are permitted when predicted
sustained winds exceed 20 MPH or when such fires present a hazard as
determined by the fire code official.
(f) Section 305.7 “Disposal of rubbish” is added to the 2022 California Fire
Code as follows:
305.7 Disposal of rubbish. Rubbish, trash or combustible waste material
shall be burned only within an approved incinerator and in accordance
with Section 307.2.1.
(g) Section 307 “OPEN BURNING, RECREATIONAL FIRES AND
PORTABLE OUTDOOR FIREPLACES” is amended as follows:
SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS,
FIRE RINGS, AND PORTABLE OUTDOOR FIREPLACES
(h) Sections 307.6 “Outdoor Fireplaces, Fire Pits, Fire Rings, or similar
devices used at Group R Occupancies” is added to the 2022 California
Fire Code as follows:
307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices
used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or
similar exterior devices used at Group R occupancies shall comply with
this section.
Exception: Barbeques, grills, and other portable devices intended solely
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for cooking.
(i) Section 307.6.1 “Gas-fueled devices” is added to the 2022 California Fire
Code to read as follows:
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar
devices fueled by natural gas or liquefied-petroleum gas are allowed when
approved by the Building Department and the device is designed to only
burn a gas flame and not wood or other solid fuel. At R-3 occupancies,
combustible construction and vegetation shall not be located within three
feet of an atmospheric column that extends vertically from the perimeter of
the device. At other R occupancies, the minimum distance shall be ten
feet. Where a permanent Building Department approved hood and vent is
installed, combustible construction may encroach upon this column
between the bottom of the hood and the vent opening. Where chimneys
or vents are installed, they shall have a spark arrester as defined in
Section 202.
(j) Section 307.6.2 “Devices using wood or fuels other than natural gas or
liquefied-petroleum gas” is added to the 2022 California Fire Code as
follows:
307.6.2 Devices using wood or fuels other than natural gas or liquefied-
petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel
shall be constructed in accordance with the California Building Code with
clearance from combustible construction and building openings as required
therein. Fires in a fireplace shall be contained within a firebox with an attached
chimney. The opening in the face of the firebox shall have an installed and
maintained method of arresting sparks.
The burning of wood or other solid fuel in a device is not allowed within 25 feet of
combustible structures unless within an approved permanent fireplace,
Conditions which could cause a fire to spread within 25 feet of a structure or to
vegetation shall be eliminated prior to ignition. Fires in devices burning wood or
solid fuel shall be in accordance with Sections 305, 307, and 308.
Exceptions:
1. Portable fireplaces and fire rings/pits equipped with a device to
arrest sparks shall be located at least 3’ from combustible
construction at R-3 occupancies,
2. Portable fireplaces, and fire pits/rings equipped with a device to
arrest sparks, shall be located at least 15 feet from combustible
structures at other R occupancies.
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(k) Section 307.6.2.1 “Where prohibited” is added to the 2022 California Fire
Code as follows:
307.6.2.1 Where prohibited. The burning of wood and other solid fuels
shall not be conducted within a fuel modification zone, Wildfire Risk Area
(WRA), Wildland-Urban Interface Area (WUI), or in locations where
conditions could cause the spread of fire to the WRA or WUI.
Exceptions:
1. Permanent fireplaces that are not located in a fuel modification
zone.
2. Where determined by the Fire Code Official that the location or
design of the device should reasonably prevent the start of a
wildfire.
(l) Section 324 " Fuel Modification Requirements for New Construction " is
added to the 2022 California Fire Code to read as follows:
324 Fuel Modification Requirements for New Construction. All new
structures and facilities adjoining land containing hazardous combustible
vegetation shall be approved and in accordance with the requirements of
OCFA Guideline C-05 “Vegetation Management Guideline – Technical
Design for New Construction Fuel Modification Plans and Maintenance
Program.”
(m) Section 325 “Clearance of brush or vegetation growth from roadways”
is added to the 2022 California Fire Code to read as follows:
325 Clearance of brush or vegetation growth from roadways. The fire
code official is authorized to cause areas within 10 feet (3048 mm) on each
side of portions of highways and private streets which are improved,
designed or ordinarily used for vehicular traffic, to be cleared of flammable
vegetation and other combustible growth. Measurement shall be from the
flow-line or the end of the improved edge of the roadway surfaces.
Exception: Single specimens of trees, ornamental shrubbery or cultivated
ground cover such as green grass, ivy, succulents or similar plants used as
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ground covers, provided that they do not form a means of readily
transmitting fire.
(n) Section 326 “Unusual Circumstances” is added to the 2022 California Fire
Code to read as follows:
326 Unusual circumstances. The fire code official may suspend enforcement of
the vegetation management requirements and require reasonable alternative
measures designed to advance the purpose of this code if determined that in any
specific case that any of the following conditions exist:
1. Difficult terrain.
2. Danger of erosion.
3. Presence of plants included in any state and federal resources agencies,
California Native Plant Society and county-approved list of wildlife, plants,
rare, endangered and/or threatened species.
4. Stands or groves of trees or heritage trees.
5. Other unusual circumstances that make strict compliance with the
clearance of vegetation provisions undesirable or impractical.
(o) Section 327 “Use of Equipment” is added to the 2022 California Fire Code
to read as follows:
327 Use of equipment. Except as otherwise provided in this section, no person
shall use, operate, or cause to be operated in, upon or adjoining any hazardous
fire area any internal combustion engine which uses hydrocarbon fuels, unless the
engine is equipped with a spark arrester as defined in Section 202 maintained in
effective working order, or the engine is constructed, equipped and maintained for
the prevention of fire.
Exceptions:
1. Engines used to provide motor power for trucks, truck tractors, buses, and
passenger vehicles, except motorcycles, are not subject to this section if the
exhaust system is equipped with a muffler as defined in the Vehicle Code of
the State of California.
2. Turbocharged engines are not subject to this section if all exhausted gases
pass through the rotating turbine wheel, there is no exhaust bypass to the
atmosphere, and the turbocharger is in good mechanical condition
(p) Section 327.1 “Use of Equipment and Devices Generating Heat, Sparks or
Open Flames” is added to the 2022 California Fire Code to read as follows:
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327.1 Use of Equipment and Devices Generating Heat, Sparks or Open
Flames. During any time of the year within Wildfire Risk Areas, within or
immediately adjacent to any forest- or brush-covered land or non-irrigated
grass-covered land, no person shall use or operate any welding equipment,
cutting torches, tar pots, grinding devices, or other tools or equipment that
may produce a spark, fire, or flame that could result in a wildfire without
doing the following:
1. First clearing away all flammable material, including snags, from the
area around such operation for a distance of 30 feet or other approved
method to reduce fire spread into the wildlands. If 30 foot clearing cannot
be achieved, then an alternate method shall be approved by the AHJ prior
to work starting.
2. Maintain one serviceable round point shovel with an overall length of
not less than forty-six (46) inches and one backpack pump water-type fire
extinguisher fully equipped and ready for use at the immediate area during
the operation.
3. Stop work when winds are 8 MPH or greater during periods when
relative humidity is less than 25%, or a red flag condition has been declared
or public announcement is made, when an official sign was caused to be
posted by the fire code official, or when such fires present a hazard as
determined by the fire code official.
4. Keep a cell phone nearby and call 911 immediate in case of fire.
(q) Section 327.2 "Spark arresters" is added to the 2022 California Fire Code
to read as follows:
327.2 Spark arresters. Spark arresters shall comply with Section 202, and
when affixed to the exhaust system of engines or vehicles subject to
Section 327 shall not be placed or mounted in such a manner as to allow
flames or heat from the exhaust system to ignite any flammable material.
(r) Chapter 4: "Emergency Planning and Preparedness" of the 2022
California Fire Code are deleted in their entirety except for those Sections
and subsections adopted by SFM with the following amendment:
(s) Section 407.5 “Hazardous Materials Inventory Statement” of the 2022
California Fire Code is amended to read as follows:
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407.5 Hazardous Materials Inventory Statement. Where required by
the fire code official, each application for a permit shall include OCFA’s
Chemical Classification Guideline in accordance with Section 5001.5.2.
(t) Section 501.1 “Scope” of the 2022 California Fire Code is amended to
read as follows:
501.1 Scope. Fire service features for buildings, structures and premises
shall comply with this chapter and, where required by the fire code official,
with OCFA Guideline B-01, “Fire Master Plan for Commercial &
Residential Development.” Section 510.1 “Emergency responder radio
coverage” of the 2022 California Fire Code is amended to read as follows:
(u) 510.1 Emergency responder radio coverage in new buildings. All new
buildings shall have approved radio coverage for emergency responders
within the building based upon the existing coverage levels of the public
safety communication systems of the jurisdiction, measured at the exterior
of the building. This section shall not require improvement of the existing
public safety communication systems. The Emergency Responder Radio
Coverage System shall comply with the Orange County Sheriff’s
Department, Communications and Technology Division guidelines and
specifications and, where the functionality or performance requirements in
the California Fire Code are more stringent, this code.
Exceptions:
1. In buildings or structures where it is determined by the fire code official
that the radio coverage system is not needed, including but not limited
to the following:
a. Existing buildings or structures, unless required by the Building
Official and OCFA for buildings and structures undergoing
extensive remodel and/or expansion.
b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single story.
d. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
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iv. Are not built integral to an above ground multi-story parking
structure.
Should a structure that is three stories or less and 50,000 square feet or
smaller on any single story include subterranean storage or parking, then
this ordinance shall apply only to the subterranean areas.
2. In facilities where emergency responder radio coverage is required and
such systems, components or equipment required could have a
negative impact on the normal operations of the facility, the fire code
official shall have the authority to accept an automatically activated
emergency radio coverage system.
(v) Section 903.2 "Where required" of the 2022 California Fire Code is
amended to read as follows:
903.2 Where required. Approved automatic sprinkler systems in buildings
and structures shall be provided when one of the following conditions
exists:
1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.19, an automatic fire-extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.
Exception: Subject to approval by the Fire Code Official, open parking
garages in accordance with Section 406.5 of the California Building Code
that are smaller than the area specified in section 903.2.10 (3) or
903.2.10.1 of the California Fire Code.
2. Existing Buildings: Notwithstanding any applicable provisions of this
code, an automatic sprinkler system shall be provided in an existing
building when an addition occurs and one of the following conditions
exists:
a. When an addition is thirty-three percent (33%) or more of the
existing building area, and the resulting building area exceeds five
thousand (5000) square feet.
b. When an addition exceeds two thousand (2000) square feet and
the resulting building area exceeds five thousand (5000) square
feet.
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c. An additional story is added above the second floor regardless of
fire areas or allowable area.
Exceptions: Additions to Group R-3 occupancies shall comply with
Section 903.2.8 (2).
(w) Section 903.2.8 "Group R" of the 2022 California Fire Code is amended to
read as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance
with Section 903.3 shall be provided throughout all buildings with a Group
R fire area as follows:
1. New Buildings: An automatic sprinkler system shall be installed
throughout all new buildings.
2. Existing R-3 Buildings: An automatic sprinkler system shall be
installed throughout when one of the following conditions exists:
1. When an addition is 33% of the existing building area as defined
in Section 202 and greater than 1,000 square feet within a two-
year period; or
2. When an addition in an existing building is already provided with
an automatic sprinkler system; or
3. When an existing Group R Occupancy is being substantially
renovated, and where the scope of the renovation is such that the
Building Code Official determines that the complexity of installing
a sprinkler system would be similar as in a new building.
(x) Section 903.3.5.3 “Hydraulically calculated systems” of the 2022 California
Fire Code is amended to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically
calculated fire sprinkler systems shall not exceed ninety percent (90%) of
the water supply capacity
Exception: When static pressure exceeds one hundred (100) psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3
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(y) All Sections of Chapter 10 “Means of Egress” is adopted in its entirety as
amended by SFM.
(z) All Sections of Chapter 11 "Construction Requirements for Existing
Buildings" of the 2022 California Fire Code are deleted in their entirety
except for those sections and subsections adopted by SFM.
(aa) Chapter 12 Energy Systems of the 2022 California Fire Code is adopted in
its entirety as amended by SFM.
(bb) Chapter 20 Aviation Facilities of the 2022 California Fire Code is adopted
in its entirety.
(cc) Chapter 21 Dry Cleaning of the 2022 California Fire Code is adopted in its
entirety as amended by SFM.
(dd) Chapter 22 Combustible Dust-Producing Operations of the 2022 California
Fire Code is adopted in its entirety as amended by SFM.
(ee) Chapter 23 Motor Fuel-Dispensing Facilities and Repair Garages of the
2022 California Fire Code is adopted in its entirety as amended by SFM.
(ff) Chapter 24 Flammable Finishes of the 2022 California Fire Code is
adopted in its entirety as amended by SFM
(gg) Chapter 25 “Fruit and Crop Ripening” of the 2022 California Fire Code is
deleted in its entirety.
(hh) Chapter 26 “Fumigation and Insecticidal Fogging” of the 2022 California
Fire Code is deleted in its entirety.
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(ii) Chapter 27 Semiconductor Fabrication Facilities of the 2022 California
Fire Code is adopted in its entirety
(jj) Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and
Woodworking Facilities of the 2022 California Fire Code is adopted in its
entirety with the following amendments
2801.2 Permit. Permits shall be required as set forth in Section 105.6.
and 105.6.29.
2808.2 Storage site. Storage sites shall be level and on solid ground,
elevated soil lifts or other all-weather surface. Sites shall be thoroughly
cleaned and approval obtained from the fire code official before
transferring products to the site.
2808.3 Size of piles. Piles shall not exceed fifteen (15) feet in height, fifty
(50) feet in width and one hundred (100) feet in length.
Exception: The fire code official is authorized to allow the pile size to be
increased where a fire protection plan is provided for approval that
includes, but is not limited to, the following:
1. Storage yard areas and materials-handling equipment selection,
design and arrangement shall be based upon sound fire prevention
and protection principles.
2. Factor that lead to spontaneous heating shall be identified in the plan,
and control of the various factors shall be identified and implemented,
including provisions for monitoring the internal condition of the pile.
3. The plan shall include means for early fire detection and reporting to
the public fire department; and facilities needed by the fire department
for fire extinguishment including a water supply and fire hydrants.
4. Fire apparatus access roads around the piles and access roads to the
top of the piles shall be established, identified and maintained.
5. Regular yard inspections by trained personnel shall be included as part
of an effective fire prevention maintenance program.
Additional fire protection called for in the plan shall be provided and shall
be installed in accordance with this code. The increase of the pile size
shall be based upon the capabilities of the installed fire protection system
and features.
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2808.4. Pile separation. Piles shall be separated from adjacent piles by a
minimum distance of twenty (20) feet. Additionally, piles shall have a
minimum separation of one hundred (100) feet from combustible
vegetation.
2808.7 Pile fire protection. Automatic sprinkler protection shall be
provided in conveyor tunnels and combustible enclosures that pass under
a pile. Combustible conveyor systems and enclosed conveyor systems
shall be equipped with an approved automatic sprinkler system.
Oscillating sprinklers with a sufficient projectile reach are required to
maintain a forty percent (40%) to sixty percent (60%) moisture content and
wet down burning/smoldering areas.
2808.9 Material-handling equipment. All material-handling equipment
operated by an internal combustion engine shall be provided and
maintained with an approved spark arrester. Approved material-handling
equipment shall be available for moving wood chips, hogged material,
wood fines and raw product during fire-fighting operations.
(kk) Section 2808.11 "Temperature control" is added to the 2022 California Fire
Code to read as follows:
2808.11 Temperature control. The temperature shall be monitored and
maintained as specified in Sections 2808.11.1 and 2808.11.2.
2808.11.1 Pile temperature control. Piles shall be rotated when the
internal temperature readings are in excess of one hundred sixty five (165)
degrees Fahrenheit.
2808.11.2 New material temperature control. New loads delivered to
the facility shall be inspected and tested at the facility entry prior to taking
delivery. Material with temperature exceeding one hundred sixty five
(165) degrees Fahrenheit shall not be accepted on the site. New loads
shall comply with the requirements of this chapter and be monitored to
verify that the temperature remains stable.
(ll) Section 2808.12 "Water availability" is added to the 2022 California Fire
Code to read as follows:
2808.12 Water availability. Facilities with over twenty-five hundred
(2500) cubic feet shall provide a water supply. The minimum fire flow shall
be no less than five hundred (500) GPM @ twenty (20) psi for a minimum
of one (1) hour duration for pile heights up to six (6) feet and two (2) hour
duration for pile heights over six (6) feet. If there is no water purveyor, an
alternate water supply with storage tank(s) shall be provided for fire
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suppression. The water supply tank(s) shall provide a minimum capacity
of twenty-five hundred (2500) gallons per pile (maximum thirty thousand
(30,000) gallons) for piles not exceeding six (6) feet in height and five
thousand (5000) gallons per pile (maximum sixty thousand (60,000)
gallons) for piles exceeding six (6) feet in height. Water tank(s) shall not
be used for any other purpose unless the required fire flow is left in
reserve within the tank at all times. An approved method shall be provided
to maintain the required amount of water within the tank(s).
(mm) Section 2808.13 "Tipping area" is added to the 2022 California Fire Code
to read as follows:
2808.13 Tipping areas shall comply with the following:
1. Tipping areas shall not exceed a maximum area of fifty (50) feet by
fifty (50) feet.
2. Material within a tipping area shall not exceed five (5) feet in height
at any time.
3. Tipping areas shall be separated from all piles by a twenty (20) foot
wide fire access lane.
4. A fire hydrant or approved fire water supply outlet shall be located
within one hundred fifty (150) feet of all points along the perimeter
of the tipping area.
5. All material within a tipping area shall be processed within five (5)
days of receipt.
(nn) Section 2808.14 "Emergency contact" is added to the 2022 California Fire
Code to read as follows:
2808.14 Emergency contact. The contact information of a responsible
person or persons shall be provided to the Fire Department and shall be
posted at the entrance to the facility for responding units. The responsible
party should be available to respond to the business in emergency
situation.
(oo) Section 2808.15 “Maximum Grid of Piles and Rows” is added to the 2022
California Fire Code to read as follows:
2808.15 Maximum Grid of Piles and Rows, Rows of Piles shall not
exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50
foot clear space used for no other purpose.
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(pp) Section 2808.16 “Push-out / Clear area” is added to the 2022 California
Fire Code to read as follows:
2808.16 Push-out / Clear area, Piles exceeding 20 cubic yards shall be
provided with push-out areas. Push-out areas shall be maintained clear at
all times to allow for the largest pile to be spread out to a depth of 2 feet in
height. Push-out areas shall be located within 250 feet of all edges of any
pile and shall be located a minimum of 20 feet from any building.
(qq) Chapters 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 are adopted in their
entirety as amended by SFM.
(rr) Section 4903.3 "Fuel modification Plans" is added to the 2022 California
Fire Code to read as follows:
4903.3 Fuel Modification Plans. Fuel modification plans shall be
reviewed and approved by OCFA for all new buildings to be built or
installed in a wildfire risk area. Plans shall meet the criteria set forth in
OCFA Guideline C-05 “Vegetation Management Guideline – Technical
Design for New Construction Fuel Modification Plans and Maintenance
Program.”
(ss) Chapter 50 Hazardous Materials – General Provisions of the 2022
California Fire Code is adopted in its entirety as amended by SFM with the
following amendments.
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where
required by the fire code official, an application for a permit shall include
Orange County Fire Authority's Chemical Classification Packet, which
shall be completed and approved prior to approval of plans, and/or the
storage, use or handling of chemicals on the premises.
(tt) Section 5003.1.1.1 "Extremely hazardous substances" is added to the
2022 California Fire Code to read as follows:
5003.1.1.1 Extremely hazardous substances. No person shall use or
store any amount of extremely hazardous substances (EHS) in excess of
the disclosable amounts (see Health and Safety Code Section 25500 et
al) in a residential zoned or any residentially developed property.
(uu) Section 5608.2 "Firing" is added to the 2022 California Fire Code to read
as follows:
5608.2 Firing. All fireworks display, regardless of mortar, device, or shell
size, shall be electrically fired.
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(vv) Section 5608.3 "Application for permit" is added to the 2022 California Fire
Code to read as follows:
Section 5608.3 Application for permit. A diagram of the grounds on
which the display is to be held showing the point at which the fireworks are
to be discharged, the fallout area based on one hundred (100) feet per
inch of shell size, the location of all buildings, roads, and other means of
transportation, the lines behind which the audience will be restrained, the
location of all nearby trees, telegraph or telephone line, or other overhead
obstructions shall be provided to OCFA.
(ww) Chapter 80 "Referenced Standards" of the 2022 California Fire Code is
amended to read as follows:
(1) NFPA 13, 2022 Edition, "Standard for the Installation of Sprinkler
Systems" is amended as follows:
16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than one hundred fifty (150) feet from a public hydrant. The FDC may be located within one hundred fifty (150) feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than five hundred (500) gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided.
9.4.3.1. When fire sprinkler systems are installed in shell buildings of
undetermined use (Spec Buildings) other than warehouses (S
occupancies), fire sprinklers of the quick-response type shall be
used. Use is considered undetermined if a specific tenant/occupant
is not identified at the time the fire sprinkler plan is submitted.
Sprinklers in light hazard occupancies shall be one of the following:
1. Quick-response type as defined in 3.6.4.8.
2. Residential sprinklers in accordance with the requirements of
8.4.5.
3. Quick response CMSA sprinklers.
4. ESFR sprinklers.
5. Standard-response sprinklers used for modifications or
additions to existing light hazard systems equipped with
standard-response sprinklers.
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6. Standard-response sprinklers used where individual standard-
response sprinklers are replaced in existing light hazard
systems.
9.2.1.7 Concealed spaces filled with noncombustible insulation
shall not require sprinkler protection when approved by the fire
code official.
(2) NFPA 13D, 2022 Edition, "Standard for the installation of sprinkler
systems in one- and two-family dwellings and manufactured
homes" is amended to read as follows:
7.1.2 The sprinkler system piping shall not have a separate control
valve unless supervised by a central station, proprietary, or remote
station alarm service.
(3) NFPA 14, 2019 Edition, "Installation of Standpipe and Hose
Systems" is amended to read as follows:
7.3.1.1 is deleted in its entirety.
(4) NFPA 24, 2019 Edition "Standard for the Installation of Private
Fire Service Mains and Their Appurtenances" is added to or
amended as follows:
(a) Section 6.2.8.1 is added to NFPA 24, 2016 Edition to read as
follows:
6.2.8.1 All indicating valves controlling fire suppression water
supplies shall be painted OSHA red.
Exceptions:
1. Brass or bronze valves on sprinkler risers mounted to the
exterior of the building may be left unpainted.
2. Where OS&Y valves on the detector check assembly are the
only control valves, at least one OS&Y valve shall be painted
red.
(b) Section 6.2.9 of NFPA 24, 2019 Edition is amended to read as follows
All connections to private fire service mains for fire protection
systems shall be arranged in accordance with one of the following
so that they can be isolated:
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1. A post indicator valve installed not less than forty feet (40 ft.)
from the building.
a. For buildings less than forty fee (40 ft.) in height, a post
indicator valve shall be permitted to be installed closer
than forty feet (40 ft.) but at least as far from the building
as the height of the wall facing the post indicator valve.
2. A wall post indicator valve.
3. An indicating valve in a pit, installed in accordance with Section
6.4.
4. A backflow preventer with at least one indicating valve not less
than forty feet (40 ft.) from the building.
a. For buildings less than forty feet (40 ft.) in height, a
backflow preventer with at least one indicating valve shall
be permitted to be installed closer than forty feet (40 ft.)
but at least as far from the building as the height of the
wall facing the backflow preventer.
5. Control valves installed in a fire-rated room accessible from the
exterior.
6. Control valves in a fire-rated stair enclosure accessible from the
exterior.
(c) Sections 10.1.5 is added NFPA 24, 2019 Edition to read as follows:
10.1.5 All ferrous pipe and joints shall be polyethylene encased per
AWWA C150, Method A, B, or C. All fittings shall be protected with a
loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet
shall extend past the joint by a minimum of twelve (12) inches and be
sealed with two (2) inch wide tape approved for underground use.
Galvanizing does not meet the requirements of this section.
Exception: 304 or 316 Stainless Steel pipe and fittings.
(d) Sections 10.4.1.1 of NFPA 24, 2019 Edition is amended to read as
follows: 10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.
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Exception: Bolted joint accessories made from 304 or 316 stainless steel.
(e) Subsection 10.4.1.1.1 is amended to read as follows:
10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless
steel.
(f) Section 10.4.3.2 of NFPA 24, 2019 Edition is deleted.
(g) Appendices A, D, E, F, G, I, J, K, L, M, N, O of California Fire Code
are deleted in its entirety.
(h) Appendices B, BB, C, CC and H are adopted in its entirety.
8105 AMENDMENT OF THE 2022 CALIFORNIA PLUMBING CODE
The 2022 California Plumbing Code is amended as follows:
(a) Section 604.1 "Pipe, Tube, and Fittings" of the 2022 California Plumbing
Code is amended by adding a new third paragraph to read as follows:
All metallic pipe, fittings and parts of fixtures buried in the ground shall be
protected by at least 40-mils plastic sleeve or equivalent wrapping.
Ferrous piping shall not be permitted under floor slab within a building.
(b) Section 1208.6 "Acceptable Piping Materials and Joining Methods" of the
2022 California Plumbing Code is amended by adding a new second
paragraph to read as follows:
Approved polyethylene or other pipe material approved for underground
installation shall be used in exterior buried piping systems.
8106 AMENDMENT OF THE 2022 CALIFORNIA ELECTRICAL CODE
The 2022 California Electrical Code is amended as follows:
(a) Section 300.5 "Underground Installations" of the 2022 California Electrical
Code is amended, by the addition of a new subsection (L) to read as follows:
(L) Earth within the City of Tustin is generally corrosive. The permittee may
prove to the satisfaction of the Building Official the earth in the specific
project area is not corrosive for the installation of the above noted electrical
items in contact with or buried in the earth. Unless otherwise authorized by
the Building Official, all such items embedded in the ground shall be
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protected by at least double, spiral wrapping, half overlapping with 10-mil
plastic tape (total 40-mils cover), or approved equal.
(b) Section 310.10 "Uses Permitted" of the 2022 California Electrical Code is
amended by adding a second paragraph to read as follows:
Aluminum conductors No. 6 and smaller shall require continuous inspection
by an independent testing agency for proper torquing of connections at their
termination point and prior approval by the building official.
(c) Section 311.12(B) “Conductor Material” is amended by the adding a second
paragraph to read as follows:
Copper wire shall be used for wiring No. 6 and smaller in all installations.
Consideration for use of aluminum wiring can be made by the Building
Official for feeder lines only on an individual basis where adequate safety
measures can be ensured.
(d) Section 310.121 “Continuous inspection of aluminum wiring” is added to
read as follows:
310.121 Continuous inspection of aluminum wiring. Aluminum
conductors of No. six (6) or smaller used for branch circuits shall require
continuous inspection by an independent testing agency approved by the
Building Official for proper torque of connections at their termination point.
(e) Section 690.13 “Building or Other Structure Supplied by a Photovoltaic
System” is amended to read as follows:
(A) Location. The PV system disconnecting means shall be installed at
a readily accessible location either on the outside of a building or
structure or inside nearest the point of entrance of the system
conductors. A single knife-blade, visible-open, lockable AC
disconnect shall be within three (3) feet of meter at the exterior of
the building.
8107 UNDERGROUND UTILITIES
(a) Whenever any property in any zone is developed with new or relocated
buildings or structures, or whenever enclosed floor area in excess of two
hundred (200) square feet is added to an existing building site in any zone,
except zones permitted for single family residential use, or whenever a
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residential building or use is converted to any purpose or use other than that
which existed at the time of conversion, all electrical, telephone, community
antenna, television and similar service wires or cables which provide direct
service to the property being developed, shall be installed underground
within the exterior boundary lines of such property.
(b) For the purpose of this Section, appurtenances and associated equipment
such as, but not limited to, surface mounted transformers, pedestal mounted
terminal boxes and meter cabinets, may be placed above ground.
(c) The developer or owner is responsible for complying with the requirements
of this Section, and shall provide all necessary facilities on their premises so
as to receive such services from the supplying utility or utilities subject to the
applicable rules, regulations, and tariffs of the respective utilities on file with
the California Public Utilities Commission.
(d) Where practical difficulties or unnecessary hardships inconsistent with the
provisions of this chapter result from its literal interpretation or enforcement,
the Planning Commission may waive, modify, or delay the application of any
undergrounding requirement upon written request by a building site owner.
Such request shall be filed with the Community Development Department
and shall contain any and all facts which are offered in support.
(e) If the Planning Commission's action is to delay the installation of required
undergrounding utilities, it may require the building site owner to file with the
City a cash deposit, and/or record a covenant sufficient to provide for the
future installation of the underground features which are to be delayed. The
amount of the cash deposit shall be determined by the Building Official.
8108 AMENDMENT OF THE 1997 UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS
The 1997 Uniform Code for the Abatement of Dangerous Buildings is amended as
follows:
(a) Chapter 6, Procedures for Conduct of Hearing Appeals, is amended as
follows:
Section 601.1 Hearing Examiners/Hearing Officers. The Board may
appoint one or more Hearing Examiners or Hearing Officers or designate
one or more of its members to serve as hearing examiners to conduct the
hearings. The Examiner/Officer hearing the case shall exercise all powers
relating to the conduct of hearings until it is submitted to the board for
decision.
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Section 601.1.1 Whenever used in this Code or by any other code
referenced by this Code, the terms Hearing Officer and Hearing Examiner
shall have the same meaning and may be used interchangeably.
Section 601.1.2 Whenever the Board elects to appoint a Hearing Examiner
or Hearing Officer pursuant to Section 601.1, said Examiner/Officer shall be
selected pursuant to, and shall be subject to, the guidelines established by
TCC section 1167.
Section 604.8 In addition to the provisions of Sections 604.1 through 604.7,
hearings conducted before a Hearing Officer or Hearing Examiner shall be
subject to the provisions of TCC section 1168.
Section 605.2 Where a case is heard by a Hearing Examiner or Hearing
Officer the Examiner/Officer shall submit a written report to the Board
consistent with the hearing officer guidelines established by TCC Section
1168 for consideration by the Board.
8110 AMENDMENT OF THE 1997 UNIFORM HOUSING CODE
The 1997 Uniform Housing Code is amended as follows:
(a) Chapter 2, Enforcement, is amended as follows:
Section 203 – Housing Advisory and Appeals Board/Building Board of
Appeals
Section 203.1 General. In order to hear and decide appeals of orders,
decisions or determinations made by the Building Official relative to the
application and interpretations of this code, there shall be and is created a
Housing Advisory and Appeals Board/Building Board of Appeals for the City
of Tustin ("Board of Appeals") as set forth in 2022 CBC Section 112 who are
qualified by experience and training to pass upon matters pertaining to
building construction and who are not employees of the jurisdiction. The
Building Official shall be an ex officio member and shall act as secretary to
said Board but shall have no vote upon any matter before the Board. The
Board of Appeals shall be appointed by the governing body and shall hold
office at its pleasure. The board shall adopt rules of procedure for
conducting its business and shall render all decisions and findings in writing
to the appellant with a duplicate copy to the Building Official. Appeals to the
Board shall be processed in accordance with the provisions contained in
Section 1201 of this code. Copies of all rules of procedure adopted by the
Board shall be delivered to the Building Official, who shall make them
accessible to the public.
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203.2 Limitations of Authority. The Board of Appeals shall have no
authority relative to interpretation of the administrative provision of this Code
and the Board shall not be empowered to waive requirements of this Code.
(b) Chapter 13, Procedures for Conduct of Hearing Appeals, is amended as
follows:
Section 1301.1 Hearing Examiners/Hearing Officers. The Board may
appoint one or more Hearing Examiners or Hearing Officers or designate
one or more of its members to serve as hearing examiners to conduct the
hearings. The Examiner hearing the case shall exercise all powers relating
to the conduct of hearings until it is submitted to the board for decision.
Section 1301.1.1 Whenever used in this Code or by any other code
referenced by this Code, the terms Hearing Examiner and Hearing Officer
shall have the same meaning and may be used interchangeably.
Section 1301.1.2 Whenever the Board elects to appoint a Hearing
Examiner or Hearing Officer pursuant to Section 1301.1, said
Examiner/Officer shall be selected pursuant to and shall be subject to the
guidelines established by TCC section 1167.
Section 1304.8 In addition to the provisions of Sections 1304.1 through
1304.7, hearings conducted before a Hearing Examiner or Hearing Officer
shall be subject to the provisions of TCC section 1168.
Section 1305.2 Where a case is heard by a Hearing Examiner or Hearing
Officer the Examiner/Officer shall submit a written report to the Board
consistent with the Hearing Officer Guidelines established by TCC section
1168 for consideration by the Board.
SECTION 2. Effective Date. This ordinance shall become effective January 1, 2023.
SECTION 3. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City Council declares that it would
have adopted this Ordinance and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more section, subsection,
subdivision, sentence, clause, phrase, or portion thereof be declared invalid or
unconstitutional.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 1st day of November, 2022.
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Ordinance No. 1529
Page 55
___________________________________
Austin Lumbard
Mayor
_________________________
ERICA N. YASUDA
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
ORDINANCE NO. 1529
Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City
Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1529 was
duly and regularly introduced at a regular meeting of the Tustin City Council, held on the
18th day of October, 2022 and was given its second reading, passed, and adopted at a
regular meeting of the City Council held on the 1st day of November, 2022 by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA
City Clerk
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ATTACHMENT B
RESOLUTION NO. 22-43
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RESOLUTION NO. 22-43
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
NECESSARY CERTAIN MODIFICATIONS AND CHANGES TO THE
2022 CALIFORNIA BUILDING STANDARDS CODE
The City Council of the City of Tustin finds and resolves as follows:
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 2022 California Building Standards Code
adopted by the State pursuant to Health and Safety Code Section 17922; and
WHEREAS, Health and Safety Code Section 17958.5(a) permits the City to
make modifications or changes to the 2022 California Building Standards Code, which
are reasonably necessary because of local climatic, geological or topographical
conditions; and
WHEREAS, Health and Safety Code Section 17958.7 requires that the City
Council, before making any modifications or changes to the 2022 California Building
Standards Code, shall make express findings that such changes or modifications are
reasonably necessary because of local climatic, geological or topographical conditions;
and
WHEREAS, the Community Development Department and the Orange County
Fire Authority (OCFA) have worked together to prepare Ordinance No. 1529
recommending that certain changes and modifications be made to the 2022 California
Building Standards Code that are reasonably necessary as administrative or procedural
in nature, or to ensure consistency with previously adopted ordinances, or are intended
to enhance life and fire safety due to the following local conditions:
I. Climatic Conditions
A. Orange County and the City of Tustin are located in a semi-arid
Mediterranean type climate. It annually experiences extended periods of
high temperatures with little or no precipitation. Hot, dry (Santa Ana)
winds, which may reach speeds of 70 M.P.H. or greater, are also common
to the area. Tustin’s local climatic conditions may cause extreme drying of
vegetation and common building materials, and predispose all fuels,
including wood shingles, to rapid ignition and spread of fire. Untreated
wood roofs pose a serious fire hazard and aid the rapid spread of fires
when such fires are accompanied by high winds. Pieces of burning
wooden roofs become flying brands and are carried by the wind to other
locations and thereby spread fire quickly.
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Resolution No. 22-43
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B. Frequent periods of drought and low humidity add to the fire danger. This
predisposes the area to large destructive fires (conflagration). In addition
to directly damaging or destroying buildings, fires are also prone to disrupt
utility services throughout the County. Obstacles generated by a strong
wind, such as fallen trees, street lights and utility poles could greatly
impact the response time to reach an incident scene. 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 establish additional fire stations and provide
manpower sufficient to concentrate fire companies and personnel to
control fires that may occur within high density apartment or condominium
buildings. Therefore, the proposed amendments would require additional
built-in on-site fire protection systems that are needed to protect
occupants and property until fire fighting apparatus and personnel arrive
on the scene. The added protection of fire sprinkler systems and other fire
protection features would supplement normal OCFA response by
providing immediate protection for the building occupants and by
containing and controlling the fire spread to the area of origin. Fire
sprinkler systems will also reduce the use of water for firefighting by as
much as 50 to 75 percent.
C. The climate alternates between extended periods of drought and brief
flooding conditions. Flood conditions may affect the Orange County Fire
Authority’s ability to respond to a fire or emergency condition. Floods also
disrupt utility services to buildings and facilities within the County.
D. Water demand in this densely populated area far exceeds the quantity
supplied by natural precipitation; and although the population continues to
grow, the already-taxed water supply does not. California is projected to
increase in population by nearly 10 million over the next quarter of a
century with 50 percent of that growth centered in Southern California.
Due to limited rainfall in the area, storage capacity limitations and rising
consumption needs, future water allocation is not fully dependable. This
necessitates the need for additional on-site fire protection features.
E. The warm, dry climate in the region is conducive to swimming pools which
creates a higher probability of child drowning where pools are
unprotected.
II. Topographical conditions
A. Natural slopes of 15 percent or greater generally occur throughout the
foothills of Orange County, including Tustin. The elevation change caused
by the hills creates the geological foundation on which communities with
Orange County is built and will continue to build. With much of the
populated flatlands already built upon, future growth could occur in areas
with steeper slopes and greater constraints in terrain.
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Resolution No. 22-43
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B. Road circulation features located throughout the County also make
amendments reasonably necessary. Located through the County are
major roadways, highways and flood control channels that create barriers
and slow response times. Hills, slopes, street and storm drain design
accompanied with occasional heavy rainfall, causes roadway flooding and
landslides that at times may make an emergency access route
impassable. Tustin is part of this larger system and could be negatively
impacted during times of emergency.
C. 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. 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.
D. These topographical conditions combine to create a situation, which
places OCFA response time to fire occurrences potentially at risk, and
makes it necessary to provide automatic on-site fire-extinguishing systems
and implement other protection measures to protect occupants and
property.
III Geological Conditions
A. The City of Tustin is 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
to address issues related to earthquake 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 fire was difficult to contain because water 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
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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 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”;
B. In the event of local 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.
C. Soils throughout Orange County possess 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.
NOW THEREFORE BE IT RESOLVED, the City Council of the City of Tustin
resolves as follows:
Section 1: That certain changes and modifications to the 2022 California
Building Standards Code identified in proposed Ordinance No. 1529 are reasonably
necessary as administrative or procedural in nature, or to ensure consistency with
previously adopted ordinances, or are intended to enhance life and fire safety due to the
climatic, topographical, and/or geological conditions cited below:
Amendments Proposed in Ordinance No. 1529 Findings as identified in Sections I, II, or III, above)
California Building Code
Chapter 1, Division II
Sections 202, 502.1, 701A.3, 903.2, 903.3.5.3,
Table 1505.1, 1505.1.3, 1807.1.6, 3109.1, 3109.2,
3109.3, Appendix Q
Administrative, zoning
I, II, III
California Residential Code Sections R301.2,
R301.9, R309.6, R313.1, R313.2, R313.3.6.2.2,
R319.1, R337.1.3, R902.1, R902.1.3, R902.2,
R1001.13, R1001.13.1, R1001.13.2, R1001.13.3,
chapter 44;
I, II, III
California Electrical Code Sections 300.5, 310.10,
311.12(B), 310.121, 690.13 III
California Plumbing Code Sections 604.1 and
1208.6. III
California Fire Code Sections
112.4,112.4.2
202, 304.1.2, 305.6, 305.7, 307.6, 307.6.1,307.6.2,
307.6.2.1, 324, 325, 326, 327, 327.1, 327.2, 407.5,
Administrative
I, II, III
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Resolution No. 22-43
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501.1, 510.1, 903.2, 903.2.8, 903.3.5.3, 2801.2,
2808.2, 2808.3, 2808.4, 2808.7, 2808.9, 2808.11,
2808.11.1, 2808.11.2, 2808.12, 2808.13, 2808.14,
2808.15, 2808.16, 4903.3, 5001.5.2, 5003.1.1.1,
5608.2, 5608.3
deleted Chapters 25, 26
Chapter 80 – Referenced Standards
2022 NFPA 13
16.12.3.3, 9.4.3.1, 9.2.1.7
2022 NFPA 13 D
7.1.2
2019 NFPA 14
7.3.1.1
2019 NFPA 24
6.2.8.1, 6.2.9, 10.1.5, 10.4.1.1, 10.4.1.1.1, 10.4.3.2
Appendices B, BB, C, CC, H
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
Section 2: The Community Development Department shall file copies of
Resolution No. 22-43 and Ordinance No. 1529 with the California Building Standards
Commission as required by Health and Safety Code Section 17958.7.
PASSED and ADOPTED at a regular meeting of the City Council of the City of Tustin,
held on the 1st day of November, 2022.
AUSTIN LUMBARD
MAYOR
ATTEST:
ERICA N. YASUDA
CITY CLERK
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Resolution No. 22-43
Page 6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 22-43
ERICA N. YASUDA, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does 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. 22-43 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 1st day of November,
2022, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
____________________________________
ERICA N. YASUDA, CITY CLERK
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