CITY OF ELK GROVE CITY COUNCIL STAFF REPORT

CITY OF ELK GROVE CITY COUNCIL STAFF REPORT AGENDA ITEM NO. 9.2 AGENDA TITLE: A public hearing to consider introduction of an ordinance repealing and reenacting various Chapters of Title 16 of the Elk Grove Municipal Code relating to Building and Construction and adopting the Green Building Standards Code MEETING DATE: September 28, 2016 PREPARED BY: Shane Diller, Assistant Development Services Director DEPARTMENT HEAD: Darren Wilson, Development Services Director RECOMMENDED ACTION: Introduce and waive the full reading, by substitution of title only, an ordinance amending Title 16 of the Elk Grove Municipal Code relating to buildings and construction, repealing and adopting by reference the 2016: California Administrative Code, California Building Code, California Residential Code, California Plumbing Code, California Electrical Code, and California Mechanical Code and adopting the 2016 California Green Building Standards Code. BACKGROUND INFORMATION: Building and Construction codes are amended every three years to include provisions of the most recent version. The State of California Building Standards Commission adopts new State standards, which cities and counties are then mandated to adopt. If codes are not adopted locally, the cities and counties are required to follow State Codes only. The 2016 California Building Codes are codified in the Elk Grove Municipal Code (EGMC) and adopted by reference to allow local deviations from the State 1

Elk Grove City Council September 28, 2016 Page 2 of 3 Code, if determined to be necessary by the City. This codification process also enables the City to enforce the Building Code through local the methods and processes contained in the EGMC. The attached Ordinance amends the City of Elk Grove s Title 16 Building and Construction codes by adopting the 2016 California Administrative Code, California Building Code, California Residential Code, California Plumbing Code, California Electrical Code, and the California Mechanical Code. The ordinance also adopts the 2016 California Green Building Standards Code into the EGMC. The previous edition of the California Green Building Standards Code in 2013 was not adopted into our code as staff was considering adopting stricter standards as part of the Climate Action Plan. No local amendments to these codes are anticipated in this cycle. The 2016 California Building Code has undergone only minor changes from the 2013 edition. A few of the most noteworthy changes are: Accessory Structures Change Summary: The Maximum height for accessory structures has been increased from two to three stories above grade. Technical requirements have been removed from the definition, and accessory structures are now permitted to be unlimited in area. Minimum Habitable Room Area Change Summary: The requirement for one habitable room with a minimum floor is of 120 square feet has been removed from the code. Tiny House Rule Electric Vehicle (EV) Charging Infrastructure Change Summary: Requires that new single- and two- family dwellings and town houses are ready for EV charger installations. Change of Use or Occupancy Change Summary: A change in the buildings use, or a portion of a buildings use, with no change in its occupancy classification now requires that a new certificate of occupancy be issued. 2

The 2016 California Fire Code will be proposed for adoption later this year. This code is enforced by the Cosumnes Community Services District (CCSD) Fire Department and they are working on local amendments to the code and seeking CCSD board approval before bringing it forward to the City for ratification. FISCAL IMPACT: The recommended actions will result in no financial impact to the City s General Fund. There is no fiscal impact associated with the adoption of the Ordinance. The Ordinance does not modify any City of Elk Grove building or development fees. ATTACHMENT: 1. Ordinance 3

ATTACHMENT 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE AMENDING TITLE 16 OF THE ELK GROVE MUNICIPAL CODE RELATING TO BUILDINGS AND CONSTRUCTION AND ADOPTING BY REFERENCE THE 2016: CALIFORNIA ADMINISTRATIVE CODE, CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ELECTRICAL CODE, AND CALIFORNIA MECHANICAL CODE; AND ADOPTING THE 2016 CALIFORNIA GREEN BUILDING STANDARDS CODE The City Council of the City of Elk Grove, California does ordain as follows: Section 1: Purpose and Authority The purpose of this Ordinance is to adopt by reference the 2016 edition of the California Building Standards Code, Title 24 Part 1; Part 2, Volume I & II; Part 2.5; Part 3; Part 4; and Part 5 of the California Code of Regulations subject to the definitions, clarifications, and the amendments set forth in this Ordinance. The Purpose of this Ordinance is also to provide minimum requirements and standards for the protection of public safety, health, property and welfare of the City of Elk Grove. This Ordinance is adopted under the authority of Government Code subsection 50022.2 and Health and Safety Code Section 18941.5. (Deletions are shown in strikethrough and additions are in bold) Section 2: Amendments to Elk Grove Municipal Code Chapter 16.02 California Administrative Code Chapter 16.02 of Elk Grove Municipal Code is hereby amended to read as follows: Chapter 16.02.010 Administrative Code In order to regulate the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, wiring, plumbing, use, height, area and maintenance of all buildings and structures within the City of Elk Grove, the 2016 2013 Edition of the California Administrative Code, published by the International Code Council (ICC), as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at Title 24, Part 1, of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Elk Grove, is hereby adopted and made a part of this Chapter as though set forth in full herein. A true and correct copy of the 2016 2013 California Administrative Code as adopted by this section shall be on file in the Development Services Department office of the City Building Official for examination and use by the public. 4

Section 3: Amendments to Elk Grove Municipal Code Chapter 16.04 California Building Code Chapter 16.04 of Elk Grove Municipal Code is hereby amended to read as follows: Chapter 16.04.010 Building Code In order to regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, wiring, plumbing, use, height, area and maintenance of all buildings and structures within the City of Elk Grove, the 2016 2013 Edition of the California Building Code, Title 24, Part 2, Volumes 1 and 2, Published by the International Code Council (ICC), administrative sections, Chapter 29, Appendices A, C and I; and amendments, as adopted by the Building Standards Commission of the State of California and codified at Title 24, Part 2 in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Elk Grove, is hereby adopted and made part of this Chapter as though set forth in full herein. A true and correct copy of the 2016 2013 California Building Code as adopted by this section shall be on file in the Development Services Department office of the City Building Official for inspection by the public. Section 4: Amendments to Elk Grove Municipal Code Chapter 16.10 California Residential Code Chapter 16.10 of Elk Grove Municipal Code is hereby amended to read as follows: Chapter 16.10.010 Residential Building Code The purpose of this code is to establish minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighting and ventilation, and energy conservation, safety to life and property from fire and other hazards attributed to the built environment; and provide safety to firefighters and emergency responders during emergency operations. The provisions of this code shall apply to the construction, alteration, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every detached one and two single family dwellings, townhouse not more than three stories above grade plane in height with a separate means of egress and structures accessory thereto within the City of Elk Grove. Therefore; the 2016 2013 California Residential Code, Title 24, Part 2.5, published by the International Code Council (ICC), in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Elk Grove, is hereby adopted and made part of this chapter as though set forth in full herein. A true and correct copy of the 2016 2013 California Residential Code as adopted by this section shall be on file in the Development Services Department office of the City Building Official for inspection by the public. 5

Section 5: Amendments to Elk Grove Municipal Code Chapter 16.24 California Plumbing Code Chapter 16.24 of Elk Grove Municipal Code is hereby amended to read as follows: Chapter 16.24.010 Plumbing Code In order to provide minimum requirements and standards for the protection of the public health, safety and welfare and to regulate the erection, installation, alteration, addition, repair, relocation, replacement, maintenance, and use of any plumbing system within the City of Elk Grove, the 2016 2013 Edition of the California Plumbing Code, Title 24, Part 5 and all appendix chapters, published by the International Association of Plumbing and Mechanical Officials (IAPMO), as adopted by the Building Standards Commission of the State of California and codified in the California Building standards Code at Title 24, Part 5 of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Elk Grove, is hereby adopted and made a part of this chapter as though set forth in full herein. A true and correct copy of the 2016 2013 California Plumbing Code as adopted by this section shall be on file in the Development Services Department office of the City Building Official for inspection and use by the public. Section 6: Amendments to Elk Grove Municipal Code Chapter 16.28 California Electrical Code Chapter 16.28 of Elk Grove Municipal Code is hereby amended to read as follows: Chapter 16.28.010 Electrical Code In order to provide minimum standards for the proper regulation of the installation of electrical systems within the City of Elk Grove, the 2016 2013 Edition of the California Electrical Code, Title 24, Part 3, and all appendix chapters, published by the National Fire Protection Association (NFPA), as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at Title 24, Part 3, of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Elk Grove, is hereby adopted and made a part of the Chapter as though set forth in full herein. A true and correct copy of the 2016 2013 California Electrical Code shall be in the Development Services Department office of the City Building Official for inspection and use by the public. 6

Section 7: Amendments to Elk Grove Municipal Code Chapter 16.32 California Mechanical Code Chapter 16.32 of Elk Grove Municipal Code is hereby amended to read as follows: Chapter 16.32.010 Mechanical Code In order to provide minimum standards to safeguard life, limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, maintenance and use of heating, ventilating, cooling, refrigeration systems, and other heat-producing appliances and systems within the City of Elk Grove, the 2016 2013 edition of the California Mechanical code, Title 24, Part 4, and all appendix chapters, published by the International Association of Mechanical and Plumbing Officials (IAPMO), as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at Title 24, Part 4 of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Elk Grove, is hereby adopted and made a part of this Chapter as though set forth in full herein. A true and correct copy of the 2016 2013 California Mechanical Code as adopted by this section shall be on in the Development Services Department office of the City Building Official for inspection and use by the public. Section 8: Adopt Elk Grove Municipal Code Chapter 16.14 Related to the California Green Buildings Standards Code Chapter 16.14 of Elk Grove Municipal Code is hereby added to read as follows: Chapter 16.14 California Green Building Standards Code Chapter 16.14.010 Green Building Standards Code In order to provide minimum requirements and standards for and to regulate the erection, installation, alteration, addition, repair, relocation, replacement, maintenance, and use of energy efficient methods and systems within the City of Elk Grove, the 2016 Edition of the California Green Building Standards Code, Title 24, Part 11, as adopted by the Building Standards Commission of the State of California and codified in the California Building standards Code at Title 24, Part 11 of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Elk Grove, is hereby adopted and made a part of this chapter as though set forth in full herein. A true and correct copy of the 2016 California Green Building Standards Code as adopted by this section shall be on file in the Development Services Department for inspection and use by the public. 7

Section 9: No Mandatory Duty Of Care This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 10: Severability If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. Section 11: Effective Date and Publication This Ordinance shall take effect January 1, 2017. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five days prior to and fifteen (15) days after adoption date of January 1, 2017 by the City Council and a certified copy shall be posted in the office of the City Clerk, pursuant to GC 36933(c)(1). INTRODUCED: September 28, 2016 ADOPTED: EFFECTIVE: January 1, 2017 GARY DAVIS, MAYOR of the CITY OF ELK GROVE ATTEST: APPROVED AS TO FORM: JASON LINDGREN, CITY CLERK JONATHAN P. HOBBS, CITY ATTORNEY Signed: 8

Incorporated July 1, 2000 CITY OF ELK GROVE 8401 Laguna Palms Way Telephone: (916) 683-7111 Elk Grove, California 95758 Fax: (916) 627-4400 www.elkgrovecity.org City of Elk Grove City Council NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, September 28, 2016 at the hour of 6:00 p.m., or as soon thereafter as the matter may be heard, the Elk Grove City Council will conduct a public hearing at City Hall in the Council Chambers, 8400 Laguna Palms Way, Elk Grove, California, to consider the following matter: Repeal and Replace: 2016 California Administrative Code 2016 California Building Code 2016 California Residential Code 2016 California Plumbing Code 2016 California Electrical Code 2016 California Mechanical Code 2016 California Green Building Code Information regarding this item may be obtained in the Office of the City Clerk, 8401 Laguna Palms Way, Elk Grove, California. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the Interim City Clerk at any time prior to the close of the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Office of the City Clerk, 8401 Laguna Palms Way, Elk Grove, CA, 95758, at or prior to the close of the public hearing. Dated/Published: September 16, 2016 JASON LINDGREN CITY CLERK, CITY OF ELK GROVE ADA COMPLIANCE STATEMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (916) 478-3635. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 9