Staff Report.2022 Building Fire and Reach Codes
PREPARED BY: Robert Gray
Building Official
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/01/2022 ITEM NO: 12
DATE: October 27, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Introduce an Ordinance, by Title Only, Effecting Amendments Repealing and
Replacing Chapter 6, Building Regulations, and Chapter 9, Fire Prevention and
Protection, of the Town of Los Gatos Municipal Code with the New 2022
California Building and Fire Codes, as Amended, Including Reach Codes.
Town Code Amendment Application A-22-003. Project Location: Town Wide.
Applicant: Town of Los Gatos.
RECOMMENDATION:
Introduce an Ordinance (Attachment 1), by title only, effecting amendments repealing and
replacing Chapter 6, Building Regulations, and Chapter 9, Fire Prevention and Protection, of the
Town of Los Gatos Municipal Code with the new 2022 California Building and Fire Codes, as
amended, including reach codes.
BACKGROUND:
Historically, the State of California adopts a set of International Model Codes including the
International Building Code (IBC) with California specific amendments which form the basis of
the regulatory environment for building construction. The California Code of Regulations (CCR),
Title 24, is published in its entirety every three years by order of the California legislature, with
supplements published in intervening years.
The California legislature delegated authority to various State agencies, boards, commissions,
and departments to create building regulations to implement the State’s statutes. These
building regulations and standards have the force of law. California’s current adopted version
of the 2018 IBC is the 2019 California Building Code (CBC).
PAGE 2 OF 5 SUBJECT: Town Code Amendments – Building and Fire Codes DATE: October 27, 2022
BACKGROUND (continued):
For 2022, the State of California Building Standards Commission adopted 12 new parts for the
CCR, Title 24. Local jurisdictions are required to enforce these new Codes as written by January
1, 2023 or adopt a local ordinance that enacts these Codes with local or regional amendments
based on climatic, geological, and topographical conditions, with findings that support the local
amendments.
The Town must take action to incorporate this new set of Codes with any recommended
amendments into the Town Code. In cooperation with Code Officials around the region, Town
staff has developed local amendments to the California Codes that are uniform across multiple
jurisdictions throughout the Santa Clara Valley, Peninsula, East Bay, and Monterey Bay areas to
enhance regional consistency.
On June 2, 2022, Town Staff and representatives from Silicon Valley Clean Energy presented
Council with recommendations on proposed Electrification Reach Codes for the 2022 Code
cycle. The recommendations consisted of:
1. Increased electric vehicle requirements in both residential and non-residential;
2. All electric construction requirements in both residential and non-residential with
exceptions for commercial cooking; and
3. Definition for substantial renovations/alterations to clarify new construction and
qualifying projects.
Council unanimously approved staff’s recommendations and the necessary Code references
and language have been incorporated into the relevant sections of this Ordinance.
DISCUSSION:
The new 2022 CCR, Title 24 will go into effect on January 1, 2023. The Town of Los Gatos must
adopt these new State Codes by repealing and replacing Chapter 6, Building Regulations, and
Chapter 9, Fire Prevention and Protection, of the Town Code. The new 2022 CBC and 2022
California Fire Code (CFC) are somewhat different from the current 2019 CBC and CFC so
repealing and replacing the Town Code Chapters in their entirety and incorporating our local
amendments is the cleanest process for adoption.
14 State agencies review and propose amendments to the International Model Codes to reflect
California fire and building requirements. California amendments to the International Model
Codes enhance the public health and safety standards for all occupancies throughout
PAGE 3 OF 5 SUBJECT: Town Code Amendments – Building and Fire Codes DATE: October 27, 2022
DISCUSSION (continued):
the State. Energy efficiency standards, Wildland-Urban Interface standards, seismic standards,
and accessibility standards are among the amendments which increase the building and fire
standards for buildings within the State. The State has significantly amended the IBC and
International Fire Code (IFC) to meet State building requirements. The Town will be adopting
these new Codes with amendments that will create clarity and increased safety due to our
seismically sensitive area and other unique conditions.
The 2022 CCR, Title 24 has 12 Parts which the Town needs to adopt:
Part 1 California Administrative Code
Part 2 California Building Code, Volumes 1 & 2
Part 2.5 California Residential Code
Part 3 California Electrical Code
Part 4 California Mechanical Code
Part 5 California Plumbing Code
Part 6 California Energy Code
Part 8 California Historical Building Code
Part 9 California Fire Code
Part 10 California Existing Building Code
Part 11 California Green Building Standards Code – CALGreen
Part 12 California Referenced Standards Code
In addition to adoption of 12 Parts of the CCR, Title 24, the Town is proposing to adopt the 2021
International Property Maintenance Code as published by the International Code Council. This
Code provides procedures for the maintenance, repair, and demolition of existing buildings.
California Health and Safety Code Sections 17958 and 17958.5 allow the Town to make
modifications or changes to the State Building Standards Codes based on findings that the
changes are reasonably necessary because of local climatic, geological, geographical, or
topographical conditions. The findings are in the legislative section of the draft ordinance.
PUBLIC OUTREACH:
Public input has been requested through the following media and social media resources:
• An eighth-page public notice in the newspaper;
• The Town’s website home page, What’s New;
• The Town’s Facebook page;
• The Town’s Twitter account;
PAGE 4 OF 5 SUBJECT: Town Code Amendments – Building and Fire Codes DATE: October 27, 2022
PUBLIC OUTREACH (continued):
• The Town’s Instagram account;
• The Town’s NextDoor page; and
• An email to approximately 160 interested parties, including architects, engineers, and
contractors inviting comments on the Draft Ordinance.
PUBLIC COMMENT:
At the time this staff report was prepared, no public comments have been received.
CONCLUSION:
Staff recommends that the Town Council:
1. Make the findings for modifying the 2022 California Building and Fire Codes
(Attachment 1); and
2. Introduce the Ordinance by Title Only, Effecting Amendments Repealing and Replacing
Chapter 6, Building Regulations, and Chapter 9, Fire Prevention and Protection, of the
Town of Los Gatos Municipal Code with the New 2022 California Building and Fire
Codes, as Amended, Including Reach Codes. (Attachment 1).
ALTERNATIVES:
Alternatively, the Town Council may:
1. Introduce the Ordinance by Title Only, Effecting Amendments Repealing and Replacing
Chapter 6, Building Regulations, and Chapter 9, Fire Prevention and Protection, of the
Town of Los Gatos Municipal Code with the New 2022 California Building and Fire
Codes, as Amended, Including Reach Codes with modifications; or
2. Continue consideration of the Ordinance to a date certain with specific direction.
COORDINATION:
The Community Development Department coordinated with the Town Attorney’s Office and
Santa Clara County Fire Department in the preparation of this Ordinance.
FISCAL IMPACT:
None.
PAGE 5 OF 5 SUBJECT: Town Code Amendments – Building and Fire Codes DATE: October 27, 2022
ENVIRONMENTAL ASSESSMENT:
Adoption of this ordinance is not a project subject to CEQA, because it can be seen with
certainty that it will not impact the physical environment. (CEQA Guidelines Section 15378.) If
adoption of this ordinance were a project, it would be categorically exempt from CEQA as an
action by a regulatory agency for the protection of natural resources (CEQA Guidelines Section
15307) and the environment (CEQA Guidelines Section 15308).
Attachment:
1. Draft Ordinance