To: Board of Supervisors
Department or Agency Name(s): Permit and Resource Management Department
Staff Name and Phone Number: Nathan Quarles, 565-1146 and Assistant Fire Chief James Williams, 565-1154
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
Final adoption of ordinances amending Chapters 7 (Building Code Update) and 13 (Fire Code Update) of the Sonoma County Code.
End
Recommended Action:
Recommended action
Adopt Ordinances Amending Chapters 7 and 13 of the Sonoma County Code as directed by the Board at the public workshop on November 12 and the public hearing on November 18.
end
Executive Summary:
This action is to make amendments to Chapters 7 and 13 of the Sonoma County Code (SCC) to address changes to California Code of Regulations, Title 24, Parts 1-12, commonly referred to as the “model codes”, which govern the design and construction of structures and the maintenance of life safety systems within structures for fire prevention. The model codes were amended and adopted in January of this year. The State of California, as required, subsequently published the documents within 180 days (July 1, 2019). Each local jurisdiction then has 180 days to make any local amendments pertinent to the jurisdiction. The effective date of those local amendments must coincide with effective date of the model codes which is January 1, 2020. Local amendments must be provided to the California Building Standards Commission along with findings upon adoption of the ordinance. Local amendments are permitted if reasonably necessary due to local climatic, geographical, and topographical conditions. The proposed ordinances represent adoption of the model codes with local amendments, as well as other technical and administrative revisions to Chapters 7 and 7A and Chapter 13.
In addition to the model codes, the Department of Forestry and Fire Protection has updated its Fire Safe Standards regulations that also will take effect on January 1, 2020. With authority and certification from the Department of Forestry, the County has Fire Safe Standards for construction in the State Responsibility Area that in 2016 the State has certified equal to the State standards and have the same practical effect (Chapter 13, Article V, “Fire Safe Standards”). The Fire Safe Standards will take effect if the State Board of Forestry again certifies they equal or exceed the State standards when they have the same practical effect.
Staff recommends the Director of Permit Sonoma work with a stakeholder group and in coordination with the Department of Emergency Management, Office of Recovery and Resiliency staff and the Department of Transportation and Public Works staff, consider whether there should be additional restrictions in the County’s Fire Safe Standards and consider possible emergency evacuation routes in emergency planning efforts and bring back recommendations to the Board in 2020.
Discussion:
At the public workshop held on November 12, 2019, the Board of Supervisors introduced the proposed Ordinances to update Sonoma County Code Chapter 7 and Chapter 13 which adopt the State’s model codes and continue the local amendments to those State Codes and update the Fire Safe Standards. The Board directed staff to strike the proposed provision of Sonoma County Code Section 7-7(a)(10) and to set a public hearing for November 18, 2019, to consider adoption of the ordinances.
At the November 18, 2019 public hearing, the Board directed staff to strike the term “outdoor crop cultivation” from the definitions in Section 13-6 and from the exemptions listed in Section 13-25(b). The Board also directed staff to remove the word “new” from Section 13-34 “two-way roads” and Section 13-35 “one-way roads.”
The final ordinances have made the changes requested by the Board at the public workshop and the public hearing.
Sonoma County Code Chapter 7 - Building Regulations
Model Codes:
The International Code Council (ICC) revises and publishes model building codes on a three year cycle. The State of California amends the ICC codes and various state agencies adopt the model codes also in a three-year cycle, but roughly six months behind ICC.
The model codes include main branches of construction such as the building code, fire code, residential, plumbing, mechanical, and electrical codes. Also included are model codes dealing with energy consumption and efficiency, green building and waste reduction, historic buildings and existing buildings. The formal names include the California Building Code, the California Fire Code, etc.
The California Building Standards Code was published on July 1, 2019, and local jurisdictions are obligated to implement the State codes, as adopted by the State within 180 days after State publication. Local jurisdictions can make local amendments that are equal to or more stringent, but local jurisdictions cannot relax the State codes. The State codes go into effect January 1, 2020, regardless of local amendments. As such, any local amendments must be in effect before the January 1, 2020 deadline. Amendments or changes to the model codes are administered by the State’s Building Standards Commission.
Model Code Changes:
In each code cycle we see many changes based on what has been learned in the previous three years. The changes run the gambit of minor to significant changes. In this code cycle the most significant change is within the California Energy Code and is the requirement for all new residential structures to have photovoltaic (PV) solar panels. The Energy Code sets out a formula to size the photovoltaic system. This formula is based on the floor area of the dwelling, the number of dwellings and the climate zone where the dwelling is being constructed. The climate zones are set by zip codes.
Sonoma County has 51 zip codes and 40 of these are in climate zone 2. Climate zone 1 consists of the coastal areas. The table below presents the sizes of the required PV systems in kilowatts based on floor area and climate zone.
|
Conditioned Floor Area in square feet |
1,000 |
2,000 |
3,000 |
1,500 |
|
Climate Zone 1 |
2.1 |
2.9 |
3.6 |
2.5 |
|
Climate Zone 2 |
1.8 |
2.5 |
3.1 |
2.1 |
|
County Average |
1.9 |
2.5 |
3.2 |
2.2 |
|
Cost (average) |
$9,400 |
$12,700 |
$16,000 |
$11,000 |
A rough cost estimate is approximately $3-4 per watt installed. The cost of compliance for this one new regulation for a 1,500 square foot home (average size home in California) in climate zone 1 is approximately $7,500 to $10,000. It should be noted this regulation undersizes PV systems relative to average demands. The electrical demand for the average California home is approximately 560 kW-hours per month whereas a 2.5 kW PV system will generate approximately 375 Kw-hours per month averaged over a year.
The 2016 model codes required that dwellings be made “solar ready”. The 2019 requirement to purchase and install the PV system is an additional cost relative to the 2016 model codes.
Sonoma County Code (SCC): Adoption of Model Codes and Local Amendments
SCC section 7-13; Adoption of Model Codes
SCC section 7-13 is the section of our local code utilized to adopt and recognize the California model codes. This item proposes to update SCC Section 7-13 to recognize the 2019 versions of the model codes. In addition, staff propose to amend the model codes relative to specific administrative provisions such as the time limit of building applications and permits, projects that are exempt from needing a building permit, appeals, definitions, and to ensure the building codes are consistent with the fire code. Since 2010 there has been a long standing exemption to fire sprinklers in accessory and U occupancies 3,000 square feet and less. This has been extended to other occupancies to allow for greater water supplies and cost savings to property and business owners. It is not cost effective for structures less than 3,000 to be equipped with sprinklers due to the regulations on fire pumps.
SCC Section 7-12; Building permits in water scarce area:
Section 7-12 regulates when and under what circumstances dwelling units can be constructed in water scarce areas three and four, the most limited water zones. The proposed edits are intended to clarify the existing language regarding the use of easements within zone three and zone four. This proposal does not create a new regulation nor relaxes existing regulations. This is a state definition. The amendment is to allow for the proper identification and requirement to apply sprinklers in remodels and additions. The table located in chapter 9 of the fire code has not changed and is still applied to remodels of greater than 75% to be retrofitted with the life safety system.
Sonoma County Code Chapter 13 -Sonoma County Fire Safety Ordinance
Fire Hardening:
The Permit Sonoma, Fire Prevention Division has fire code authority for all new residential construction in the unincorporated areas and for most new commercial construction, which was delegated to the County’s Fire Prevention Division by the fire districts (Section 13-15), and has authority for both residential and commercial construction within County Service Area #40 (CSA #40). Each fire district within Sonoma County is responsible for enforcing the fire code for existing business occupancies. Several fire districts contract with the County’s Fire Prevention Division to perform inspection and enforcement services (Schell-Vista Fire Protection District FPD, Graton FPD, Occidental FPD, and Timber Cove FPD). Incorporated cities are responsible for adopting and enforcing their own fire and building codes for both residential and commercial buildings. Additionally, Sonoma County Fire Prevention Division is responsible for review and inspections required by Title 14 of the Natural Resources Code, Division 1.5, Chapter 7, Subchapter 2, as delegated by the California Department of Forestry and Fire Protection, for all new construction located in the State Responsibility Area (SRA).
Permit Sonoma Fire Prevention and Building Division staff worked with a core group of fire service agencies to make local amendments to the California Fire Code. The fire service agencies included representatives from: Sonoma Valley Fire and Rescue Authority, Santa Rosa Fire Department, Petaluma Fire Department, Rohnert Park Department of Public Safety, Sebastopol Fire Department, Healdsburg Fire Department, and a fire district representative. Several meetings were conducted for all interested persons over a period of eight months. By undertaking this collaborative effort, all jurisdictions within the county will have essentially the same language contained in their fire codes, thus creating uniformity among all fire codes within the county.
The ordinance updates include the definition of Substantial Improvement which has been adopted by the state and is amended based on square feet. This is only intended to apply the county ordinance of residential and commercial fire sprinklers when the substantial improvement is over 75%. All other previous required retrofit percentages have not changed since 2010. Cannabis regulations have been carried over from 2016 code and do not have any additional regulatory requirements other then what is required by state model codes. Fire Safe Standards have been updated by Board of Forestry. The purpose to the changes was to bring the previous version up to model language. The language proposed in roads and driveways is more restrictive in that existing private roads and private driveways will now have required improvements such as turnouts and turnarounds when buildings are being rebuilt or have a change in use. Fireworks was amended to include the ability for the Fire Marshal / Fire Warden to not allow for pyrotechnic displays in a fire district jurisdiction when the County Fire Marshal /
Fire Warden believes that the display will propose a threat to life and property based on weather and topographical conditions or when located in the State Responsibility Area.
Vegetation Management:
In September 2018, Permit Sonoma staff submitted the “Wildfire Adopted Sonoma County: Education and Incentives for Safe & Resilient Communities” project for funding under the FEMA Hazard Mitigation Grant Program (HMGP).
When awarded, this $6.7 million dollar grant project will provide funding to the County of Sonoma for proactive vegetation management inspections for Defensible Space, and free Structure Hardening assessments. Structure Hardening assessments will identify building elements that make homes vulnerable to wildfire ignition, and prioritize “retrofit” solutions, such as the installation of ember resistant vent products, roofing upgrades, or windows better able to withstand heat exposure. The grant includes “incentive” funding for property owners to carry out recommended improvements.
Grant inspections and building assessments will provide us with data to assist in making informed decisions about code adoption modifications that could exceed construction standards currently in California Building Code Chapter 7A Wildland Urban Interface (WUI).
Recommendations:
Staff recommends adoption of the two attached proposed ordinances: Chapter 7 for the new building codes and local amendments; and Chapter 13 for the fire codes and local amendments.
Staff recommends deferring adoption of additional regulations for fire hardening, vegetation management and energy code. Deferring additional regulations will allow Sonoma County to learn from voluntary approaches associated with grants for fire hardening and vegetation management and as well as from implementation of the REACH Codes experienced by other jurisdictions.
Prior Board Actions:
11/18/2019: The Board conducted a public hearing to consider both ordinances
11/12/2019: The Board adopted Resolution #19-0494 and conducted a public workshop to consider both ordinances
11/01/2016: The Board adopted revisions amending Chapter 7, 7A, 7C and 7D
11/01/2016: The Board adopted Resolution #16-0418
10/20/2015: The Board adopted revisions amending Chapter 7
11/05/2013: The Board adopted revisions amending Chapter 7 and 7D2
11/05/2013: The Board adopted revisions amending Chapter 13
11/02/2010: The Board adopted revisions amending Chapter 7 and 7A
05/04/2010: The Board adopted revisions amending Chapter 13
Fiscal Summary
Narrative Explanation of Fiscal Impacts:
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Narrative Explanation of Staffing Impacts (If Required):
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Attachments:
Attachment A-Fire Code Ordinance
Attachment B-Building Code Ordinance
Attachment C-Notice of CEQA Exemption
Related Items “On File” with the Clerk of the Board:
Building Code Ordinance - Stricken Version
Fire Code Ordinance - Stricken Version