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RES-2007-231RESOLUTION NO. 2007- 231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE 2007 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, KNOWN AS CALIFORNIA CODE OF REGULATIONS, TTTLE 24, INCORPORATING THE 2006 EDITION OF THE INTERNATIONAL BUILDING CODE INCLUDING APPENDIX CHAPTER I, THE 2006 EDITION OF THE UNIFORM MECHANICAL CODE, THE 2006 EDITION OF THE UNIFORM PLUMBING CODE, AND THE 2005 EDITION OF THE NATIONAL ELECTRICAL CODE. The City Council of the City of Anaheim finds and resolves as follows: WHEREAS, Section 17958.5 of the Health and Safety Code permits the City to make changes or modifications in the Building Standards Code as such changes or modifications are reasonably necessary because of local conditions; and WHEREAS, Section 17958.7 of the Health and Safety Code requires the City Council to make express findings of the necessity for changes or modifications in the Building Standards Code prior to adopting such changes or modifications; and WHEREAS, the Building Official of the City of Anaheim has recommended that the Building Standards Code, Title 24, California Code of Regulations, incorporating the 2006 Edition of the International Building Code and the 2005 Edition of the National Electrical Code with California Amendments (hereinafter "Building Standards Code be adopted by the City with certain changes or modifications which are necessary to meet local climatic, geographical or topographical conditions; and WHEREAS, together with this resolution, the City Council has approved a resolution justifying amendments to the 2007 Edition of the California Fire Code, which amendments result in corresponding amendments in the California Building Standards Code; and WHEREAS, the Building Official has recommended that changes and modifications be made to the Building Standards Code and have advised that certain said changes and modifications to the California Building Code, 2007 Edition, are reasonably necessary due to local conditions in the City of Anaheim, and reasonably necessary to safeguard life and property within the City of Anaheim; and WHEREAS the City Council finds the approval of the subject amendments to the Building Standards Code is exempt from the Califomia Environmental Quality Act (CEQA) pursuant to Regulation No. 15061(b)(3), incorporated herein by this reference, which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. NOW THEREFORE, BE IT RESOLVED, that the modifications and changes to the Building Standards Code recommended by the Building Official are hereby found to be necessary on account of local conditions as follows: SECTION 1: 2007 Califomia Building Code (International Building Code 2006 Edition). Amendments related to life and fire safety contained in Sections 202, 903.2, 903.7, 905.2, 907.2, 907.12, 910.3, 911, 1505.1, 1613.7, 1614.1, and 3109.4 of the 2007 Edition of the California Building Code, incorporating the International Building Code, 2006 Edition with California amendments, as recommended by the Building Official are hereby found to be reasonably necessary due to the following local climatic, geographical and topographic conditions: A. Hot, dry Santa Ana winds are common to all areas within the City of Anaheim and Orange County in general. These winds, which can cause small fires to spread quickly, are a contributing factor to the high fire danger in the area, and create the need for an increased level of fire protection. This added protection will supplement normal fire department response available and provide immediate protection for life and safety of multiple occupants during fire occurrences. B. Orange County and the City of Anaheim are located in a semi -arid Mediterranean type climate which predisposes all fuels, including wood shingles, to rapid ignition and spread of fire. Therefore, there exists a need for additional fire protection measures. C. Orange County and the City of Anaheim are located in a Seismic Design Category as defined in Section 1613 of the California Building Code with high potential for seismic activity. There are earthquake faults that run along both the northeastern and southwestern boundaries of Orange County. The Newport- Inglewood Fault Zone (NIFZ) which runs through Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude, hypocenter off Newport Beach coast), which took 120 lives, with areas damaged from Laguna Beach to Marina del Rey and inland to Whittier, and poses one of the greatest hazards to lives and property in the nation. Regional planning for reoccurrence is recommended by the State of California, Department of Conservation. There was also an earthquake in December 1989, with the epicenter located near the City of Irvine. The fault on which this quake occurred was unknown prior to this activity. The October 17, 1989, Santa Cruz earthquake resulted in only one major San Francisco fire in the Marina district, but when combined with the 34 other fires and over 500 responses, the department was taxed to its full capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. If more fires had been ignited by the earthquake, it would have been difficult for the fire department to contain them. Experts predict a major earthquake in our area within the next 50 years. This situation creates the need for both additional fire protection measures and automatic on- site fire protection for building occupants since a multitude of fires may result from breakage of gas and electric lines as a result of an earthquake. D. Traffic and circulation congestion presently existing in the City of Anaheim often places fire department response time to fire occurrences at risk. This condition will be exacerbated by any major disaster, including any earthquake wherein damage to the highway system will occur. This condition makes the need for additional on -site protection for property occupants necessary. E. Placement of multiple occupancy buildings, location of arterial roads, and fire department staffing constraints have made it difficult for the fire department to locate additional fire stations and provide manpower sufficient to concentrate fire companies and personnel to control fires in high density apartment or condominium buildings. Fire Department equipment does not allow easy access to areas of buildings greater than 55 feet above the level of Fire Department vehicle access. These conditions create the need for built -in on -site fire protection systems to protect occupants and property until fire fighting apparatus and personnel arrive on the scene. F. The City of Anaheim is located in an area subject to a climatic condition of high winds and low humidity. This combination of events creates an environment, which is conducive to rapidly spreading fires. Control of such fires requires rapid response. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, and the requirement to climb 75 feet vertically up flights of stairs will greatly impact the response time to reach an incident scene. Additionally, Section 6, Figure 6 -2 of ASCE 7 identifies a significant increase in the amount of wind force at 60 feet above the ground. Use of aerial type fire fighting apparatus above this height would place rescue personnel at increased risk of injury. G. The City of Anaheim is located in the middle of a seismically active area. The viability of the public water system would be questionable at best after a major seismic event. This would leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of any available water to floors above the 55 -foot level. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors. H. Untreated wood roofs cause or contribute to serious fire hazard and to the rapid spread of fires when such fires are accompanied by high winds. Pieces of burning wooden roofs become flying brands and are carried by the wind to other locations and thereby spread fire quickly. I. The City of Anaheim is geographically located in an area which is subject to periodic extremely high velocity wind conditions. Said conditions are further accentuated by the topographical features of the hill and canyon areas in the easterly portion of the City. The City of Anaheim is subject to seasonal high temperatures and dry atmospheric conditions which often occur during times of high winds as hereinabove described. As a result, the City of Anaheim is susceptible to fires of particular danger during periods of high winds when fires tend to spread across roofs where such roofs are not of noncombustible or fire retardant construction. SECTION 2. 2007 California Electrical Code (National Electric Code 2005 Edition). Amendments related to life and fire safety contained in the 2007 Edition of the California Electrical Code (2005 Edition of the National Electric Code, with California amendments), Chapter 15.04 of the Anaheim Municipal Code, relating to aluminum conductors, as recommended by the Building Official are hereby found to be reasonably necessary due to the following local climatic, geographical and topographic conditions: A. Aluminum expands and shrinks at a much higher rate than other metals. This condition becomes critical for smaller sizes of aluminum conductors, which may break down at termination points in a seismic event causing a fire. B. A local climatic, geographic and topological condition exists justifying the modification in that Orange County is located in an active seismic design category, as noted in Section 1 of this Resolution. C. As further noted in Section 1, Orange County is located in an area subject to high velocity wind conditions, with potential severe traffic congestion in an emergency, thereby exacerbating the possible impact of events causing a fire. The continuous inspection requirement will ensure proper installation of aluminum conductors. SECTION 3 In order to correct existing conditions and prevent future conditions that are detrimental to the public health and safety and may result in serious injury, it is reasonably necessary for the City of Anaheim to require the provisions of the 2007 California Building Code and the 2005 California Electrical Code as amended and adopted. SECTION 4 A. Amendments related to exemptions from building permit requirements in Section 15.02.040.020, paragraph 9, of the Anaheim Municipal Code, related to prefabricated swimming pools, as recommended by the Building Official, are hereby found to be reasonably necessary due to a local mild and sunny climate conditions which make pool ownership commonplace, and further due to the relatively high density population per acre, which result in increased frequency of child exposure to pools in residential areas, justifying pool enclosures which protect swimming pools from off -site access. B. To the extent that the Matrix Adoption Tables in the Building Standards Code refer to provisions relating to administration, and do not impact substantive building requirements, said provisions relating to administration are amended to require compliance with the City of Anaheim Administrative Code set forth in Chapter 15.02 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED as to all of the Building Standards Codes, as adopted with local amendments, applicable throughout all areas of the City of Anaheim, including those areas governed by development agreements, is reasonably necessary to correct existing conditions and prevent future conditions that are detrimental to the public health and safety and may result in serious injury. In addition, of all the means reasonably known to the City which could feasibly correct or avoid the injurious or detrimental condition, amending these codes is the most reasonable means to protect the health, safety and welfare of the public. Failure to apply these Building Standards Code, with the proposed amendments, within areas governed by development agreements would result in a condition injurious or detrimental to the public health and safety. Consequently, these provisions of the Building Standards Codes, as adopted by reference by the City Council, with amendments thereto, shall apply to all areas of the City of Anaheim which may be the subject of development agreements which became effective prior to the date of adoption of the Ordinances amending the Building Standards Code, and which development(s) contain(s) any provision to the contrary. BE IT FURTHER RESOLVED that a copy of this Resolution, together with the Ordinances adopting the Building Standards Code as amended, be filed with California Building Standards Commission THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 11 th day of r rPmher 2007.PASSED and ADOPTED at a regular meeting of the City of Anaheim City Council, held on the 11 th day of 'December 20 (SEAL) 67013 CLERK OF THE CITY AHEM STATE OF CALIFORN COUNTY OF ORANGE CITY OF ANAHEIM ss MAYOR OF THE C IM I, Linda Nguyen, City Clerk and ex- officio Clerk of the City Council of the City of Anaheim, California, do hereby certify that the whole number of the"members of the City Council of the City of Anaheim is five; that the foregoing Resolution No. 2007- 231 was passed and adopted at a regular meeting of the City Council held on the 11 th day of DEcErthar_ 2007 by the following vote: AYES: MAYOR/COUNCILMEMBERS: Pringle /Hernandez, Sidhu, Galloway, Kring NOES: MAYOR/COUNCILMEMBERS: NONE ABSTAINED MAYOR/COUNCILMEMBERS: NONE ABSENT: MAYOR/COUNCILMEMBERS: NONE TY CLERK OF T OF ANAHEIM