Ordinance 3265CITY OF ALAMEDA ORDINANCE NO. 3265
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING: (1)
ARTICLE I (UNIFORM CODES RELATING TO BUILDING, HOUSING
AND TECHNICAL CODES) OF CHAPTER XIII (BUILDING AND
HOUSING) TO ADOPT THE 2019 EDITION OF THE CALIFORNIA
BUILDING CODE, THE 2019 EDITION OF THE CALIFORNIA
RESIDENTIAL BUILDING CODE, THE 2019 EDITION OF THE
CALIFORNIA HISTORICAL BUILDING CODE, THE 2019 EDITION OF
THE CALIFORNIA ELECTRICAL CODE, THE 2019 EDITION OF THE
CALIFORNIA PLUMBING CODE, THE 2019 EDITION OF THE
CALIFORNIA MECHANICAL CODE, THE 2019 EDITION OF THE
CALIFORNIA ENERGY CODE, THE 2019 EDITION OF THE
CALIFORNIA GREEN BUILDING STANDARDS CODE; AND (2)
AMENDING SECTION 15-1 OF CHAPTER XV (FIRE PREVENTION)
TO ADOPT THE 2019 EDITION OF THE CALIFORNIA FIRE .CODE
WITH ALAMEDA LOCAL AMENDMENTS
WHEREAS, Health and Safety Code Section 18938 provides that the triennial
edition of the California Building Standards Code establishes building standards for all
occupancies throughout the State and requires that these standards incorporate the
latest editions of the Technical Codes with necessary California amendments; and
WHEREAS, on July 1, 2019, the State Building Standards Commission approved
and published the 2019 edition of the California Building Standards Code which
incorporated the various editions of the Technical Codes by reference with necessary
California amendments; and
WHEREAS, Health and Safety Code Sections 18938 and 17958 make the
California Building Standards Code applicable to all cities and counties throughout
California, including the City of Alameda, 180 days after publication by the State Building
Standards Commission, which is January 1, 2020; and
WHEREAS, Health and Safety Code Section 18941.5 provides that the City may
establish more restrictive building standards if they are reasonably necessary due to
local climatic, geological or topographical conditions; and
WHEREAS, the City Council has considered the 2019 edition of the California
Building Standards Code, which incorporates by reference the various editions of the
Technical Codes, and all of the referenced standards, tables, matrices and appendices
of each of these codes therein; and
WHEREAS, based upon the findings contained in the Resolution adopted
concurrently with this Ordinance, the City Council has found that certain modifications
and additions to the California Building Standards Code are reasonably necessary based
upon local climatic, geological and topographical conditions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1: Article I (UNIFORM CODES RELATING TO BUILIDNG, HOUSING
AND TECHNICAL CODES) of Chapter XIII (BUILDING AND HOUSING) of the Alameda
Municipal Code, is hereby amended as follows (in redline; otherwise, no change):
13-1 ALAMEDA ADMINISTRATIVE CODE
13-1.1 -Adoption of the Alameda Administrative Code.
Chapter 1, Division II Scope and Administration of the California Building Code,
2019 Edition, published by the California Building Standards Commission, is adopted
by reference and made a part hereof as if fully set forth herein at length, and shall be
known as the Alameda Administrative Code.
13-1.2 -Copy of Alameda Administrative Code
A copy of the Alameda Administrative Code shall be maintained by the Building
Official for use and examination by the public.
13-2-ALAMEDA BUILDING CODE
13-2.1 -Adoption of California Building Code.
The California Building Code, 2019 Edition, published by the California Building
Standards Commission, including Appendix Chapter I, is adopted by reference and
made a part hereof as if fully set forth herein at length, and shall be known as the
Alameda Building Code.
13-2.2 -Copy of California Building Code.
A copy of the California Building Code, 2019 Edition shall be maintained by the
Building Official for use and examination by the public.
13-3-ALAMEDA RESIDENTIAL CODE.
13-3.1 -Adoption of California Residential Code.
The California Residential Code, 2019 Edition, published by the California Building
Standards Commission, including Appendix Chapters G, Hare adopted by reference and
made a part hereof as if fully set forth herein at length, and shall be known as the Alameda
Residential Code.
13-3.2 -Copy of California Residential Code
A copy of the California Residential Code, 2019 Edition shall be maintained
by the Building Official for use and examination by the public.
13-4-ALAMEDA HISTORICAL BUILDING CODE.
13-4.1 -Adoption of California Historical Building Code.
The California Historical Building Code, 2019 Edition, published by the California
Building Standards Commission, is adopted by reference and made a part hereof as if
fully set forth herein at length, and shall be known as the Alameda Historical Building
Code.
13-4.2 -Copy of California Historical Building Code.
A copy of the California Historical Building Code, 2019 Edition shall be maintained
by the Building Official for use and examination by the public.
13-5-ALAMEDA ELECTRICAL CODE.
13-5.1 -Adoption of California Electrical Code.
Except as hereinafter provided, the California Electrical Code, 2019 Edition,
published by the National Fire Protection Association, is adopted by reference and
made a part hereof as if fully set forth herein at length, and shall be known as the
Alameda Electrical Code.
13-5.2 -Copy of California Electrical Code.
A copy of the California Electrical Code, 2019 Edition shall be maintained by the
Building Official for use and examination by the public.
13-6.1 -Adoption of California Plumbing Code.
The California Plumbing Code, 2019 Edition, published by the International
Association of Plumbing and Mechanical Officials, including Appendix Chapters A, B, D
through G, I and L, is adopted by reference and made a part hereof as if fully set forth
herein at length, and shall be known as the Alameda Plumbing Code. Any conflicts
between the requirements contained in the Current Alameda Plumbing Code Chapter I,
Division II Administration and the 2019 Alameda Administrative Code shall be controlled
by the latter.
13-6.4-Copy of California Plumbing Code.
A copy of the California Plumbing Code, 2019 Edition shall be maintained by the
Building Official for use and examination by the public.
13-7-ALAMEDA MECHANICAL CODE.
13-7.1 -Adoption of California Mechanical Code.
The California Mechanical Code, 2019 Edition, including Appendix Chapter A,
published by the International Association of Plumbing and Mechanical Officials, is
adopted by reference and made a part hereof as if fully set forth herein at length, and
shall be known as the Alameda Mechanical Code. Any conflicts between the
requirements contained in the 2019 Alameda Mechanical Code Chapter I, Division 11
Administration and the 2019 Alameda Administrative Code shall be controlled by the
latter.
13-7.2 -Copy of California Mechanical Code with Community Development
Department.
A copy of the California Mechanical Code, 2019 Edition shall be maintained by the
Building Official for use and examination by the public.
13-8-ALAMEDA HOUSING CODE.
13-8.1 -Adoption of Uniform Housing Code.
Except as hereinafter provided, the Uniform Housing Code, 1997 Edition, published
by the International Conference of Building Officials, is adopted by reference and made
a part hereof as if fully set forth herein at length, and shall be known as the Alameda
Housing Code. With respect to residential structures, Health and Safety Code Division
13, 1.5, Section 17920.3, et seq., known as the State Housing Law, supersedes the
applicability of the Uniform Housing Code to the degree of any conflict between the
State Housing Law and either of the building standards.
13-8.2 -Copy of Uniform Housing Code.
A true copy of the Uniform Housing Code, 1997 Edition shall be maintained by the
Building Official for use and examination of the public.
13-9-ALAMEDA CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS.
13-9.1 -Adoption of Uniform Code for the Abatement of Dangerous Buildings.
Except as hereinafter provided, the Uniform Code for the Abatement of Dangerous
Buildings, 1997 Edition, published by the International Conference of Building Officials
is adopted by reference and made a part hereof as if fully set forth herein at length, and
shall be known as the Alameda Code for the Abatement of Dangerous Buildings.
13-9.2 -Copy of Uniform Code for the Abatement of Dangerous Buildings with
Community Development Department.
A copy of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition
shall be maintained by the Building Official for use and examination by the public.
13-10-ALAMEDA GREEN BUILDING STANDARDS CODE.
13-10.1 -Adoption of California Green Building Standards Code.
The California Green Building Standards Code, the 2019 Edition published by the
California Building Standards Commission, is adopted by reference and made a part
hereof as if fully set forth herein at length, and shall be known as the Alameda Green
Building Standards Code.
13-10.2 -Copy of California Green Building Standards Code.
A copy of the California Green Building Standards Code, the 2019 Edition shall be
maintained by the Building Official for use and examination by the public.
13-11 -ALAMEDA ENERGY CODE.
13-11.1 -Adoption of California Energy Code.
The California Energy Code, the 2019 Edition published by the California Building
Standards Commission, is adopted by reference and made a part hereof as if fully set
forth herein at length, and shall be known as the Alameda Energy Code.
13-11.2 -Copy of California Energy Code.
A copy of the California Energy Code, the 2019 Edition shall be maintained by the
Building Official for use and examination by the public.
Section 2: Section 15-1 (ALAMEDA FIRE CODE) of Chapter XV (FIRE
PREVENTION) of the Alameda Municipal Code, is hereby amended as follows (in
redline; otherwise, no change):
15-1.1 -Adoption of the California Fire Code.
Except as hereinafter provided, the California Fire Code, Current Edition, including
Appendix Chapters 4, B, C, D, E, F, G, H, I, and K, and the International Fire Code
published by the International Code Council, being particularly the 2019 Edition thereof
and the whole thereof, is adopted by reference and made a part hereof as if fully herein
at length, and shall be known as the Alameda Fire Code.
15-1.2-Modifications, Amendments and Deletions to the California Fire Code.
Notwithstanding any provisions of the California Fire Code, California Building Standards
Code, State Housing Law or other codes adopted by any Chapter in Article VIII of the
Municipal Code to the contrary, the following local amendments shall apply.
a. California Fire Code, Current Edition, Section 11 03.8.5.1 is amended to read as
follows:
11 03.8.5.1 Except as specifically set forth below, existing Buildings
housing Group R occupancies established prior to the effective date of
these regulations may have their use continued. Additional means of
egress, the installation of automatic sprinkler systems, automatic fire alarm
system or other life safety measures, may be required to provide
reasonable and adequate safety.
Additions to Existing R-3 Occupancies. Notwithstanding the foregoing,
additions to R-3 occupancies shall be required to provide an automatic fire
extinguishing system (AFES) throughout the entire building when one of the
following thresholds is exceeded. (For purposes of floor area calculations,
Group U (attached private garages or similar) occupancies shall be included
in the floor area calculation.):
1. The combined floor area of the existing building plus the addition
exceeds 5,000 square feet.
2. For a 100% remodel of an R-3 occupancy, an approved monitored hard
wired or wireless (with battery backup) fire alarm and smoke detection
system must be installed throughout the existing structure; no AFES will
be required.
15-1.3 Findings
Note: The amendment to this section is intended to provide a
reasonable degree of fire safety in existing structures by requiring
installation of an automatic fire-extinguishing system for certain
occupancies when certain modifications to existing structures are
made.
Pursuant to Sections 17958.5 and 17958.7 of the California Health and Safety Code, the
City Council finds that the modifications of the California Fire Code, the 2019 Edition,
contained in Section 15-1 .2, is reasonably necessary because of certain local climatic,
geographical, or topographical conditions existing in the City of Alameda, which are more
specifically described as follows:
a. The City of Alameda is an island community with access dependent upon bridges
and underwater tubes, and, in the event of a disaster, could be completely isolated
from outside assistance, exacerbating fire and life safety concerns.
b. Earthquakes are the single-most significant short-term geologic hazard facing the
residents and businesses in the City of Alameda. The City is adjacent to several
earthquake faults, including the Hayward and San Andreas faults, which make
buildings and structures vulnerable to structural ruptures and subsequent fires.
Many of the buildings and structures in Alameda include relatively old housing
stock and unique historic commercial buildings that were generally constructed
without the benefit of modern Building Code requirements to strengthen them
against seismic events. The likelihood of occurrence of secondary effects due to
ground shaking in Alameda is high due to underlying soil conditions in Alameda,
such as artificial fill, bay mud, and expansive soils.
c. Accordingly, local climatic, geographic, and topographical conditions impact fire
prevention and suppression efforts in the City of Alameda. These conditions, and
the frequency and intensity of fires caused by them, amplify the potential damage
to all such buildings and structures in the City of Alameda from earthquake and
subsequent fire. While adoption of these local amendments may not prevent fires,
implementation of these amendments may serve to reduce the severity and
potential loss of life and property due to fire.
Section 3: IMPLIED REPEAL
Any provision of the Alameda Municipal Code inconsistent with this Ordinance, to the
extent of such inconsistencies and no further, is hereby repealed or modified to the extent
necessary to effectuate this Ordinance.
Section 4: CEQA DETERMINATION
Adoption of the Ordinances amending the AMC is not a project under California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 and
Public Resources Code section 21065 because it does not: (1) approve a project or result
in a direct physical impact on the environment, or (2) contemplate known future projects,
and as such, no known environmental impacts are known at this time. Instead, the
proposed amendments would clarify procedural aspects related to the implementation of
locally adopted building and other related codes.
As a separate and independent basis, adoption of the Ordinances amending the AMC is
exempt from CEQA pursuant to CEQA Guidelines section 15061 (b) (3) because it can be
seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment.
Section 5: SEVERABILITY
If any provision of this Ordinance is held by a court of competent jurisdiction to be invalid,
this invalidity shall not affect other provisions of this Ordinance that can be given effect
without the invalid provision and therefore the provisions of this Ordinance are
severable. The City Council declares that it would have enacted each section,
subsection, paragraph, subparagraph and sentence notwithstanding the invalidity of any
other section, subsection, paragraph, subparagraph or sentence.
Section 6: EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after the expiration of thirty
(30) days from the date of its final passage.
Attest:
~~u ~
Lara Weisiger, C1 lerk
*****
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on this 3rd day of March, 2020, by the following vote to wit:
AYES: Councilmembers Daysog, Knox White, Oddie and Mayor
Ezzy Ashcraft -4.
NOES: None.
ABSENT: Councilmemeber Vella - 1 .
ABSTENTIONS: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 4th day of March, 2020.
Approved as to form:
Lara Weisiger, C ~Cierk
City of Alameda