REPORT TO THE CITY COUNCIL FROM: JENNIFER CLARK, Director Planning and Development Department BY: CHARLES CLARK, Building Services Manager Planning and Development Department SUBJECT ..Title Action relating to repealing and adding Building Regulations in the Fresno Municipal Code 1. BILL (For Introduction) - Adopting express findings related to local climatic, topographical and geological conditions that make the City's amendments to the California Mechanical Code and California Plumbing Code reasonably necessary and repealing Sections 11-101 through Section 11-109 of Article 1, Chapter 11 of the Fresno Municipal Code and adding Sections 11-101 through Section 11-109 of Article 1, of Chapter 11 to adopt and amend the California Building, Residential, Electrical, Mechanical, Plumbing, Energy and Green Building Standards Codes ..Body RECOMMENDATION Staff recommends adoption of Ordinance B-46 adopting express findings related to local climatic, topographical and geological conditions that make the City's amendments to the California Mechanical Code and California Plumbing Code reasonably necessary and repealing Sections 11-101 through Section 11-109 of Article 1, Chapter 11 of the Fresno Municipal Code and adding Sections 11-101 through Section 11-109 of Article 1, of Chapter 11 to adopt and amend the California Building, Residential, Electrical, Mechanical, Plumbing, Energy and Green Building Standards Codes. EXECUTIVE SUMMARY Amending the 2022 California Building Code(s) creates a safe environment for our citizens and the public that visit the City of Fresno. Every three years, the California Building Standards Commission modifies and adopts the new California Building Standards. On July 1, 2021, the Commission voted to adopt the 2022 edition of the California Building Standards Code(s) effective January 1, 2023. The 2022 California Building Standards Code(s) includes the California Building, Residential, Electrical, Mechanical, Plumbing, Energy and Green Building Standards Codes. Regardless of whether the City formally adopts the California Building Standards Code, these standards will become effective on January 1, 2023. By adopting the California Building Standards Code, the City has the opportunity to include local amendments to address local concerns. There are two locally specific code additions; these are related to wood burning appliances and use of galvanized pipe for potable water. BACKGROUND The 2022 California Building Standards Codes incorporates the 2021 editions of the International Building Code and International Residential Code, 2021 editions of the Uniform Plumbing Code and Uniform Mechanical Code, and the 2020 edition of the National Electrical Code as amended with necessary California amendments. The 2022 California Building Standards Codes also incorporates the 2022 California Energy Code and 2022 California Green Building Standards Code. The 2022 California Building Standards Code will become effective on January 1, 2023, and is mandated by the California Building Standards Commission for statewide adoption and enforcement. The City of Fresno has the authority to make necessary modifications to the State Code. Pursuant to California Health and Safety Code Sections 17958.7 and 18941.5, local modifications must be supported by express findings related to local climatic, geological, or topographical conditions. All proposed modifications that are administrative do not require findings under the above identified California Health and Safety Code sections. The proposed modification to the California Mechanical Code which requires express findings is related to wood burning appliances and is a re-adoption of an ordinance adopted in 2003. The express finding is set forth in Section 1 of the Ordinance. The City of Fresno has adopted this local amendment in the past to achieve better air quality by ensuring all fireplace inserts meet EPA Standards. The proposed modification to the California Plumbing Code requires express findings and is related to the prohibition of galvanized malleable iron, galvanized wrought iron or galvanized steel for building water piping and building supply piping. The express finding is set forth in Section 2 of the Ordinance Bill. The City of Fresno has adopted this local amendment in the past to ensure safe drinking water (potable water) because the underground piping was failing in certain circumstances and causing potable water to be contaminated. Staff recommends adoption of the standards with minor modifications. ENVIRONMENTAL FINDINGS This is not a project for the purposes of CEQA, pursuant to CEQA Guidelines Section 15378 LOCAL PREFERENCE Local preference was not implemented because this item is an amendment to an existing contract FISCAL IMPACT No additional General Fund appropriations are required for this ordinance Attachments: Ordinance Bill Exhibit A - Express Findings Exhibit B - Express Findings