HomeMy WebLinkAbout2022-11-08; City Council; ; Public Hearing and Second Reading of Ordinance No. CS-436 Adopting the 2022 Fire Code, along with Local AmendmentsCA Review CKM
Meeting Date: Nov. 8, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Randy Metz, Fire Division Chief
randy.metz@carlsbadca.gov, 442-339-2661
Subject: Public Hearing and Second Reading of Ordinance No. CS-436 Adopting
the 2022 Fire Code, along with Local Amendments
District: All
Recommended Action
Hold a public hearing and adopt Ordinance No. CS-436 repealing the existing Carlsbad
Municipal Code, Chapter 17.04, the Fire Code, and adopting a new Chapter 17.04, the Fire
Prevention Code, based on the 2022 edition of the California Fire Code (Exhibit 1).
Executive Summary
This action would adopt the updated version of construction regulations referred to as the
California Building Standards Code, which includes the Fire Code, along with some technical
amendments necessary to address local conditions.
The Fire Code, with both administrative and technical provisions, establishes the primary
basis of authority under which the Fire Department regulates building construction and life
safety measures in the City of Carlsbad.
Discussion
The State of California updates this code every three years. The California Building Standards
Commission develops and publishes the revised standards in collaboration with other state
agencies. Local city and county building departments have been delegated the responsibility
to enforce the standards by the state legislature.
This proposed ordinance, Ordinance No. CS-436, was introduced for a first reading at the City
Council meeting of Oct. 18, 2022. On a motion by Council Member Blackburn, seconded by
Council Member Bhat-Patel, the City Council voted 5-0 to introduce the ordinance.
This code is being adopted by reference, which means it is being incorporated into the text of
the city’s Municipal Code with a statement that the state code should be treated as if
contained within the city’s code. When codes are amended and adopted by reference,
California Government Code Section 50022.3 requires that the second reading of a proposed
ordinance be done through a public hearing. The second reading allows the City Council to
adopt the ordinance, which will go into effect in Carlsbad on Jan. 1, 2023.
Nov. 8, 2022 Item #6 Page 1 of 18
Fiscal Analysis
The existing fiscal year 2022-23 budget includes sufficient funding for the cost of developing
and implementing the proposed ordinance.
Next Steps
Once adopted, the City Clerk’s Office will publish the ordinance or a summary of the ordinance
in a newspaper of general circulation within 15 days. The Fire Department will file a copy of the
ordinance and related findings with the California Building Standards Commission. Consistent
with state law, the proposed ordinance will go into effect in Carlsbad on Jan. 1, 2023.
Environmental Evaluation
The State of California mandates enforcement of the updated California Building Standards
Code and it will go into effect regardless of the city’s action or lack of action. However, the city
does have discretion to adopt local amendments to the 2022 edition of the codes.
The activity related to the recommended action in this report to adopt local amendments is
exempt from the California Environmental Quality Act Guidelines because it qualifies for the
“common sense” exemption, covered by the general rule under CEQA Guidelines Section
15061(b)(3), which provides that a project is exempt from CEQA because if it has no potential
to cause either a direct physical change in the environment, or a reasonably foreseeable
indirect physical change in the environment.
Most of the local amendments to the codes proposed as part of this project are necessary from
an administrative standpoint and are general policy and procedure rulemaking. Other
amendments are more stringent than the state standards, intended to address local climatic,
geological or topographical conditions and safeguard public health and safety. There are no
reasonably foreseeable adverse environmental impacts and there is no possibility that the
activity in question may have a significant effect on the environment.
Furthermore, the proposed project involves the adoption of state building codes and standards
that are applied to ministerial permits, which are those that require little to no personal
judgment and are approved by staff if the project complies with objective requirements. In
accordance with CEQA Guidelines Section 15300.1, Section 21080 of the Public Resources Code
exempts those projects over which public agencies exercise only ministerial authority from the
application of CEQA.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
In addition, to comply with the requirements of Government Code Section 50022.3, notice of
the hearing was published in The Coast News newspaper on Oct. 21 and Oct. 28, 2022, in
keeping with Government Code Section 6066.
Exhibits
1.Ordinance No. CS-436
Nov. 8, 2022 Item #6 Page 2 of 18
Exhibit 1
ORDINANCE NO. CS-436.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, REPEALING EXISTING CHAPTER 17.04 OF THE CARLSBAD
MUNICIPAL CODE, AND ADOPTING A NEW CHAPTER 17.04, FIRE
PREVENTION CODE BASED ON THE 2022 CALIFORNIA FIRE CODE
WHEREAS, Health and Safety Code section 17958 mandates that the City Council of the City of
Carlsbad adopt ordinances or regulations imposing the same requirements as are contained in the
regulations adopted by the state pursuant to Health and Safety Code Section 17922; and
WHEREAS, the State of California is mandated by Health & Safety Code Section 17922 to impose
the same requirements as are contained in the 2022 California Fire Code; and
WHEREAS, the State of California has adopted and published California Code of Regulations Title
24, Part 9 as the California Fire Code, effective January 1, 2023; and
WHEREAS, on January 1, 2023, all existing fire code adoptions and amendments of local
agencies automatically reverted to the new state code unless new local adoptions and local
amendments are made; and
WHEREAS, the State of California is mandated by Health and Safety Code Section 17922 to
impose the same requirements as are contained in the 2022 California Fire Code, and together with
the Carlsbad Fire Department local amendments, these shall be the Carlsbad Fire Department Fire
Code; and
WHEREAS, code amendments adopted by the State of California shall take precedence over the
2022 California Fire Code language. The 2022 California Fire Code language shall be used for those code
sections not adopted by the State; and
WHEREAS, local amendments adopted by the City Council of the City of Carlsbad shall take
precedence over the 2022 California Fire Code; and
WHEREAS, Health & Safety Code Section 17958.5 permits the City Council of the City of Carlsbad
to make local amendments to the Code as are reasonably necessary because of local conditions, which
are more particularly described in Attachment A; and
WHEREAS, Health & Safety Code Section 17958.7 requires that the City Council of the City of
Carlsbad before making any local amendments pursuant to Section 17958.7 make express finding that
such local amendments are needed due to climatic, geographic, or topographic conditions; and
Nov. 8, 2022 Item #6 Page 3 of 18
WHEREAS, the City Council of the City of Carlsbad, California does herewith find that the City of
Carlsbad has certain climatic, geologic, and topographical features that can have a deleterious effect
on emergency services such as fire protection and emergency medical services; and
WHEREAS, the City Council of the City of Carlsbad finds that the local amendments to the 2022
California Fire Code are reasonably necessary because of the local climatic, geological, and
topographical conditions; and
WHEREAS, this finding recognizes regional geologic conditions and the likelihood of numerous
structure fires following a greater magnitude seismic event. It also considered the limited ability of local
emergency services to provide fire protection due to extraordinary service demands following such
events; and
WHEREAS, further basis for the finding is concern for local topographic conditions and irregular
elevations along primary travel routes throughout the City of Carlsbad. These conditions impede the
rapid deployment and effectiveness of emergency resources; and
WHEREAS, climatic and topographical conditions within the City of Carlsbad can create an
extreme fire danger and certain amendments to the 2022 California Fire Code serve to mitigate to the
extent possible said deleterious effects and modification to the California Fire Code is necessary for
community health and safety; and
WHEREAS, sections 50022.1 through 50022.10, inclusive, of the Government Code and Section
13869 of the Health and Safety Code provide authority for the adoption by reference of codes, or
portion of such codes; and
WHEREAS, the City Council of the City of Carlsbad hereby declare that should any section,
paragraph, sentence or word of this ordinance of the 2022 California Fire Code be declared for any
reason to be invalid, it is the intent of the City Council that it would have passed all other portions of
this ordinance independently of the elimination of any such portion as may be declared invalid; and
THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That existing Chapter 17.04 of the Carlsbad Municipal Code is repealed in its entirety.
SECTION 2: That new Chapter 17.04 of the Carlsbad Municipal Code is adopted to read as follows:
Nov. 8, 2022 Item #6 Page 4 of 18
Chapter 17.04
FIRE PREVENTION CODE
Sections:
17.04.010 Adoption.
17.04.020 California Fire Code Chapter 1- Scope and Administration - Adopted and Amended.
17.04.030 California Fire Code Chapter 2 - Definitions - Adopted and Amended.
17.04.040 California Fire Code Chapter 3 - General Requirements - Adopted and Amended.
17.04.050 California Fire Code Chapter 4 - Emergency Planning and Preparedness - Adopted in part.
17.04.060 California Fire Code Chapter 5 - Fire Service Features - Adopted and Amended.
17.04.070 California Fire Code Chapter 6 - Building Services and Systems - Adopted.
17.04.080 California Fire Code Chapter 7 - Fire and Smoke Protection Features - Adopted.
17.04.090 California Fire Code Chapter 8 - Interior Finish, Decorative Materials and Furnishings -
Adopted.
17.04.100 California Fire Code Chapter 9 - Fire Protection Systems - Adopted and Amended.
17.04.110 California Fire Code Chapter 10 - Means of Egress - Adopted.
17.04.120 California Fire Code Chapter 11 - Construction Requirements for Existing Buildings - Adopted
in part.
17.04.130 California Fire Code Chapter 12 - Energy Systems - Adopted.
17.04.140 California Fire Code Chapter 20 - Aviation Facilities - Adopted.
17.04.150 California Fire Code Chapter 21 - Dry Cleaning - Adopted.
17.04.160 California Fire Code Chapter 22 - Combustible Dust - Producing Operations - Adopted.
17.04.170 California Fire Code Chapter 23 - Motor Fuel-Dispensing Facilities and Repair Garages -
Adopted.
17.04.180 California Fire Code Chapter 24 - Flammable Finishes - Adopted.
17.04.190 California Fire Code Chapter 25 - Fruit and Crop Ripening - Adopted.
17.04.200 California Fire Code Chapter 26 - Fumigation and Insecticidal Fogging - Adopted.
17.04.210 California Fire Code Chapter 27 - Semiconductor Fabrication Facilities - Adopted.
17.04.220 California Fire Code Chapter 28 - Lumber Yards and Agro-industrial, Solid Biomass and
Woodworking Facilities - Adopted.
17.04.230 California Fire Code Chapter 29 - Manufacture of Organic Coatings - Adopted.
17.04.240 California Fire Code Chapter 30 - Industrial Ovens - Adopted.
17.04.250 California Fire Code Chapter 31 - Tents, and Other Membrane Structures - Adopted.
17.04.260 California Fire Code Chapter 32 - High-Piled Combustible Storage - Adopted.
17.04.270 California Fire Code Chapter 33 - Fire Safety During Construction and Demolition - Adopted.
17.04.280 California Fire Code Chapter 34 - Tire Rebuilding & Tire Storage - Adopted.
17.04.290 California Fire Code Chapter 35 - Welding and Other Hot Work - Adopted.
17.04.300 California Fire Code Chapter 36 - Marinas - Adopted.
17.04.310 California Fire Code Chapter 37 - Combustible Fibers - Adopted.
17.04.320 California Fire Code, Chapter 39 - Processing and Extraction Facilities - Adopted.
17.04.330 California Fire Code Chapter 40 - Storage of Distilled Spirits and Wine - Adopted.
17.04.340 California Fire Code Chapter 48 - Motion Picture and Television Production Studio Sound
Stages, Approved Production Facilities and Production Locations - Adopted.
17.04.350 California Fire Code Chapter 49 - Requirements for Wildland-Urban Interface Fire Areas -
Adopted.
Nov. 8, 2022 Item #6 Page 5 of 18
17.04.360 California Fire Code Chapter 50 - Hazardous Materials - General Provisions - Adopted.
17.04.370 California Fire Code Chapter 51 - Aerosols - Adopted.
17.04.380 California Fire Code Chapter 53 - Compressed Gases - Adopted.
17.04.390 California Fire Code Chapter 54 - Corrosive Materials - Adopted.
17.04.400 California Fire Code Chapter 55 - Cryogenic Fluids - Adopted.
17.04.410 California Fire Code Chapter 56 - Explosives and Fireworks - Adopted and Amended.
17.04.420 California Fire Code Chapter 57 - Flammable and Combustible Liquids - Adopted.
17.04.430 California Fire Code Chapter 58 - Flammable Gases and Flammable Cryogenic Fluids -
Adopted.
17.04.440 California Fire Code Chapter 59 - Flammable Solids - Adopted.
17.04.450 California Fire Code Chapter 60 - Highly Toxic and Toxic Materials - Adopted.
17.04.460 California Fire Code Chapter 61 - Liquefied Petroleum Gases - Adopted.
17.04.470 California Fire Code Chapter 62 - Organic Peroxides - Adopted.
17.04.480 California Fire Code Chapter 63 - Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids -
Adopted.
17.04.490 California Fire Code Chapter 64 - Pyrophoric Materials - Adopted.
17.04.500 California Fire Code Chapter 65 - Pyroxylin (Cellulose Nitrate) Plastics - Adopted.
17.04.510 California Fire Code Chapter 66 - Unstable (Reactive) Materials - Adopted.
17.04.520 California Fire Code Chapter 67 - Water-Reactive Solids and Liquids - Adopted.
17.04.530 California Fire Code Chapter 80 - Referenced Standards - Adopted.
17.04.540 California Fire Code Appendices - Adopted in Part and Amended.
17.04.550 Severability.
17.04.010 Adoption.
The City of Carlsbad adopts by reference the 2022 Edition of the California Fire Code, including Appendix
Chapters 4, B, BB, C, CC, D, E, F, G, H and O, and the California Standards, with the amendments contained in
the following sections of Chapter 17.04. As adopted and amended herein, the 2022 California Fire Code
(hereinafter “California Fire Code”) becomes the Fire Code of the City of Carlsbad. The City of Carlsbad further
amends the provisions of the California Fire Code to include the requirements of the California Fire Code for
those occupancies not subject to the 2022 California Fire Code.
17.04.020 California Fire Code Chapter 1—Scope and Administration—Adopted and amended.
California Fire Code, Chapter 1, Scope and Administration, is adopted in its entirety with the following
amendments:
A.Chapter 1, Division II, Part 2, is amended to add Section 107.7, Cost Recovery, to read as follows:
The city shall be entitled to recover the cost of emergency services as described in subsections 1 through 5
below. Service costs shall be computed by the fire department under the direction of the city finance
department and shall include the costs of personnel, equipment facilities, materials and other external
resources.
1.Any person or corporation who allows a hazard to exist on property under the control of that person or
corporation, after having been ordered by the fire department or other city department to abate that hazard,
is liable for the cost of services provided by the fire department should an emergency arise as a result of said
unabated hazard.
Nov. 8, 2022 Item #6 Page 6 of 18
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2.Any person or corporation whose negligence causes an incident to occur on any public or private street,
driveway or highway, which, for the purposes of life, property or environmental protection, places a service
demand on the city fire department resources beyond the scope of routine service delivery, shall be liable for
all costs associated with that service demand.
3.Any person or corporation responsible for property equipped with fire protection or detection devices
which, due to malfunction, improper manipulation or negligent operation causes a needless response by the
fire department to the property shall, for a period of twelve months after written notification by the fire
prevention bureau be liable for all future costs associated with each subsequent needless response caused by
those devices.
4.Any person or corporation who conducts unlawful activity which results in fire, explosion, chemical
release or any other incident to which the fire department responds for the purpose of performing services
necessary for the protection of life, property or the environment, shall be liable for the costs associated with
the delivery of those services.
5.When, the interest of public safety, the fire chief, pursuant to Section 3107.17 of this code assigns fire
department employees as standby personnel at any event, or upon any premise, the person or corporation
responsible for the event or premises shall reimburse the fire department for all costs associated with the
standby services.
B.Chapter 1, Division II, Part 2, Section 112.4, Violation penalties, is amended to read as follows:
Any person who violates any of the provisions of this code or standards; or fails to comply with any provision
of this code; or violates or fails to comply with any order made pursuant to this code; or who builds in violation
of any detailed statement or specification or plans submitted and approved pursuant to this code, or any
certificate or permit issued pursuant to this code, and from which no timely appeal has been taken; or who
fails to comply with an order as affirmed or modified by the City Attorney of the City of Carlsbad or by a court
of competent jurisdiction within the time fixed herein, shall severally for each and every violation and
noncompliance respectively, be guilty of a misdemeanor, punishable by a fine not exceeding $1,000.00 or by
imprisonment in County Jail not exceeding six months, or both.
The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all
such persons shall be required to correct or remedy such violations or defects within a reasonable time; and
when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate
offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited
conditions.
C.Chapter 1, Division II, Part 2, Section 113.4, Failure to Comply, is amended to read as follows:
Any person, who continues any work having been served with a stop work order, except such work as that
person is directed to perform to remove a violation or unsafe condition, shall be subject to a fine of not less
than $250.00 dollars or more than $1,000.00 dollars.
17.04.030 California Fire Code Chapter 2—Definitions—Adopted and amended.
California Fire Code, Chapter 2, Definitions, is adopted in its entirety with the following amendments:
Chapter 2, Section 202, General Definitions is amended to add the following definitions:
FIRE HAZARD. Anything or act that increases or could cause an increase of the hazard or menace of fire to a
greater degree than customarily recognized as normal by persons in the public service regularly engaged in
Nov. 8, 2022 Item #6 Page 7 of 18
preventing, suppressing or extinguishing fire or anything or act which could obstruct, delay, hinder or interfere
with the operations of the fire department or the egress of occupants in the event of fire.
VEGETATION. Weeds, grass, vines or other organic (cellulose) growth that is capable of being ignited and
endangering property.
17.04.040 California Fire Code Chapter 3—General Requirements—Adopted and amended.
California Fire Code, Chapter 3, General Requirements, is adopted in its entirety with the following
amendment:
Chapter 3, Section 304.1.2, Vegetation, is amended to read as follows:
Vegetation shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance
requirements in urban-wildland interface areas and fire suppression zones shall be in accordance with City of
Carlsbad standards.
17.04.050 California Fire Code Chapter 4—Emergency Planning and Preparedness—Adopted in part.
California Fire Code, Chapter 4, Emergency Planning and Preparedness, is amended to adopt only the sections
listed below:
A.401—401.9
B.402
C. 403.1
D.403.2
E.403.4—403.4.4
F.403.10.2.1.1
G. 403.10.6
H.403.12—403.12.3
I.404.5—404.6.6
J.407.
17.04.060 California Fire Code Chapter 5—Fire Service Features—Adopted and amended.
California Fire Code, Chapter 5, Fire Service Features, is adopted in its entirety with the following amendments:
A.Chapter 5, Section 503.1.2 Additional access, is amended to add Section 503.1.2.1 Residential
developments, to read as follows:
Projects having more than 40 dwelling units shall be provided with two separate and approved points of fire
department access.
B.Chapter 5 Section 503.2.1 Dimensions, is amended to read as follows:
Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm) exclusive of
shoulders, except for approved security gates in accordance with Section 503.6 and an unobstructed vertical
clearance of not less than 13 feet 6 inches (4115mm).
Nov. 8, 2022 Item #6 Page 8 of 18
C.Chapter 5, Section 503.2.1 Dimensions is amended to add Section 503.2.1.1 Minimum street width in fire
hazard zones, to read as follows:
Public and private streets shall have a minimum unobstructed width of 28 foot clear travel way where adjacent
lots are located within designated Fire Hazard Zones/Fire Suppression Zones within the property line.
D.Chapter 5, Section 503.2.1 Dimensions is amended to add Section 503.2.1.2 Minimum fire apparatus
access road widths for private driveways serving one or two single family dwellings to read as follows:
Private driveways used as required fire apparatus access roads serving no more than two dwellings shall have a
minimum width of 16 feet.
E.Chapter 5, Section 503.2.1 is amended to add Section 503.2.1.3 Measurement of street width to read as
follows:
Street widths are to be measured from the top face of the curb to top face of the curb on streets with curb and
gutter, and from flow-line to flow-line on streets with rolled curbs.
F.Chapter 5, Section 505.1 Address Identification is amended to add Section 505.1.1 as follows:
Street Numbers—Approved numbers and/or addresses shall be placed on the street-side of all new and
existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or
roadway fronting the property from either direction of approach. Said numbers shall contrast with their
background, and shall meet the following minimum standards as to size:
•Single family residences: 4″ high with a 1/2″ stroke
•Unit identification of multi-family residential buildings: 6″ high with a ½″ stroke
•Commercial, industrial and multi-family residential buildings: minimum 12″ high with a 1.5″ stroke
Additional numbers shall be required where deemed necessary by the Fire Code Official, such as rear access
doors, building corners, secondary access roadways and entrances to commercial centers. The Fire Code
Official may establish different minimum sizes for numbers for various categories of projects.
G.Chapter 5, Section 505 Premises identification is amended to add Section 505.3 Easement address signs
to read as follows:
All easements which are not named differently from the roadway, from which they originate, shall have an
address sign installed and maintained, listing all street numbers occurring on that easement, located where the
easement intersects the named roadway. Minimum size of numbers on that sign shall be four inches in height
with a minimum stroke of 3/8″ and shall contrast with the background.
H.Chapter 5, Section 505 Premises identification is amended to add Section 505.4 Map/directory to read as
follows:
A lighted directory map, meeting current fire department standards, shall be installed at each driveway
entrance to multiple unit residential projects and mobile home parks, where the number of units in such
project exceeds 15.
I.Chapter 5, Section 505 Premises identification is amended to add Section 505.5 Response Map Updates to
read as follows:
Nov. 8, 2022 Item #6 Page 9 of 18
Any new development, which necessitates updating of emergency response maps by virtue of new structures,
hydrants, roadways or similar features, shall be required to provide map updates in a format approved by the
fire department. The responsible party may be charged a reasonable fee for updating the City emergency
response maps.
17.04.070 California Fire Code Chapter 6—Building Services and Systems—Adopted.
California Fire Code, Chapter 6, Building Services and Systems, is adopted in its entirety without amendments.
17.04.080 California Fire Code Chapter 7—Fire and Smoke Protection Features—Adopted.
California Fire Code, Chapter 7, Fire and Smoke Protection Features, is adopted in its entirety without
amendments.
17.04.090 California Fire Code Chapter 8—Interior Finish, Decorative Materials and Furnishings—Adopted.
California Fire Code, Chapter 8, Interior Finish, Decorative Materials and Furnishings, is adopted in its entirety
without amendments.
17.04.100 California Fire Code Chapter 9—Fire Protection and Life Safety
Systems—Adopted and amended.
California Fire Code, Chapter 9, Fire Protection Systems, is adopted in its entirety with the following
amendments:
Chapter 9, Section 903.2 Where required, is amended to read as follows:
An approved automatic fire sprinkler system shall be provided in all new non-residential buildings constructed
in which the aggregate floor area exceeds five thousand (5,000) square feet (464m2), regardless of occupancy
classification and locations described in Sections 903.2.1 through 903.2.12. Mezzanines shall be included in the
total square footage calculation.
17.04.110 California Fire Code Chapter 10—Means of Egress—Adopted.
California Fire Code, Chapter 10, Means of Egress, is adopted in its entirety without amendments.
17.04.120 California Fire Code Chapter 11—Construction Requirements for Existing Buildings—Adopted in
part.
California Fire Code, Chapter 11, Construction Requirements for Existing Buildings, is amended to adopt only
those sections and subsections listed below:
A.1103.3.3
B.1103.7
C.1103.7.3
D.1103.7.3.1
E.1103.7.8—1103.7.8.2
F.1103.7.9—1103.7.9.10
G.1103.8—1103.8.5.3
Nov. 8, 2022 Item #6 Page 10 of 18
H. 1103.9.1
I.1107
J.1113
K.1114
L.1115
M.1116
17.04.130 California Fire Code Chapter 12—Energy Systems—Adopted.
California Fire Code, Chapter 12, Energy Systems, is adopted in its entirety without amendments.
17.04.140 California Fire Code Chapter 20—Aviation Facilities—Adopted.
California Fire Code, Chapter 20, Aviation Facilities, is adopted in its entirety without amendments.
17.04.150 California Fire Code Chapter 21—Dry Cleaning—Adopted.
California Fire Code, Chapter 21, Dry Cleaning, is adopted in its entirety without amendments.
17.04.160 California Fire Code Chapter 22—Combustible Dust-Producing Operations—Adopted.
California Fire Code, Chapter 22, Combustible Dust-Producing Operations, is adopted in its entirety without
amendments.
17.04.170 California Fire Code Chapter 23—Motor Fuel-Dispensing Facilities and Repair Garages—Adopted.
California Fire Code, Chapter 23, Motor Fuel-Dispensing Facilities and Repair Garages, is adopted in its entirety
without amendments.
17.04.180 California Fire Code Chapter 24—Flammable Finishes—Adopted.
California Fire Code, Chapter 24, Flammable Finishes, is adopted in its entirety without amendments.
17.04.190 California Fire Code Chapter 25—Fruit and Crop Ripening—Adopted.
California Fire Code, Chapter 25, Fruit and Crop Ripening, is adopted in its entirety without amendments.
17.04.200 California Fire Code Chapter 26—Fumigation and Insecticidal Fogging—Adopted.
California Fire Code, Chapter 26, Fumigation and Insecticidal Fogging, is adopted in its entirety without
amendments.
17.04.210 California Fire Code Chapter 27—Semiconductor Fabrication Facilities—Adopted.
California Fire Code, Chapter 27, Semiconductor Fabrication Facilities, is adopted in its entirety without
amendments.
17.04.220 California Fire Code Chapter 28—Lumber Yards and Agro-industrial, Solid Biomass and
Woodworking Facilities—Adopted.
California Fire Code, Chapter 28, Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities,
is adopted in its entirety without amendments.
Nov. 8, 2022 Item #6 Page 11 of 18
17.04.230 California Fire Code Chapter 29—Manufacture of Organic Coatings—Adopted.
California Fire Code, Chapter 29, Manufacture of Organic Coatings, is adopted in its entirety without
amendments.
17.04.240 California Fire Code Chapter 30—Industrial Ovens—Adopted.
California Fire Code, Chapter 30, Industrial Ovens, is adopted in its entirety without amendments.
17.04.250 California Fire Code Chapter 31—Tents, and Other Membrane Structures—Adopted.
California Fire Code, Chapter 31, Tents and Other Membrane Structures, is adopted in its entirety without
amendments.
17.04.260 California Fire Code Chapter 32—High-Piled Combustible Storage—Adopted.
California Fire Code, Chapter 32, High-Piled Combustible Storage, is adopted in its entirety without
amendments.
17.04.270 California Fire Code Chapter 33—Fire Safety During Construction and Demolition—Adopted.
California Fire Code, Chapter 33, Fire Safety During Construction and Demolition, is adopted in its entirety
without amendments.
17.04.280 California Fire Code Chapter 34—Tire Rebuilding & Tire Storage—Adopted.
California Fire Code, Chapter 34, Tire Rebuilding & Tire Storage, is adopted in its entirety without amendments.
17.04.290 California Fire Code Chapter 35—Welding and Other Hot Work—Adopted.
California Fire Code, Chapter 35, Welding and Other Hot Work, is adopted in its entirety without amendments.
17.04.300 California Fire Code, Chapter 36—Marinas—Adopted.
California Fire Code, Chapter 36, Marinas, is adopted in its entirety without amendments.
17.04.310 California Fire Code, Chapter 37—Combustible Fibers—Adopted.
California Fire Code, Chapter 37, Combustible Fibers, is adopted in its entirety without amendments.
17.04.320 California Fire Code, Chapter 39—Processing and Extraction Facilities—Adopted.
California Fire Code, Chapter 39, Processing and Extraction Facilities, is adopted in its entirety without
amendments.
17.04.330 California Fire Code Chapter 40—Storage of Distilled Spirits and Wine—Adopted.
California Fire Code, Chapter 40, Storage of Distilled Spirits and Wine, is adopted in its entirety without
amendments.
17.04.340 California Fire Code Chapter 48—Motion Picture and Television Production Studio Sound Stages,
Approved Production Facilities and Production Locations—Adopted.
California Fire Code, Chapter 48, Motion Picture and Television Production Studio Sound Stages, Approved
Production Facilities and Production Locations, is adopted in its entirety without amendments.
Nov. 8, 2022 Item #6 Page 12 of 18
17.04.350 California Fire Code Chapter 49—Requirements for Wildland-Urban Interface Fire Areas—
Adopted.
California Fire Code, Chapter 49, Requirements for Wildland-Urban Interface Fire Areas, is adopted in its
entirety without amendments.
17.04.360 California Fire Code Chapter 50—Hazardous Materials—General Provisions—Adopted.
California Fire Code, Chapter 50, Hazardous Materials—General Provisions, is adopted in its entirety without
amendments.
17.04.370 California Fire Code Chapter 51—Aerosols—Adopted.
California Fire Code, Chapter 51, Aerosols, is adopted in its entirety without amendments.
17.04.380 California Fire Code Chapter 53—Compressed Gases—Adopted.
California Fire Code, Chapter 53, Compressed Gases, is adopted in its entirety without amendments.
17.04.390 California Fire Code Chapter 54—Corrosive Materials—Adopted.
California Fire Code, Chapter 54, Corrosive Materials, is adopted in its entirety without amendments.
17.04.400 California Fire Code Chapter 55—Cryogenic Fluids—Adopted.
California Fire Code, Chapter 55, Cryogenic Fluids, is adopted in its entirety without amendments.
17.04.410 California Fire Code Chapter 56—Explosives and Fireworks—Adopted and amended.
California Fire Code, Chapter 56, Explosives and Fireworks, is adopted in its entirety with the following
amendments:
A.Chapter 56, Section 5601.1.3 is amended to add Section 5601.1.3.1 Retail Fireworks, to read as follows:
The storage, use, sale, possession, and handling of fireworks 1.4G (commonly referred to as Safe & Sane) and
fireworks 1.3G are prohibited unless they are being used as part of a public display when permitted and
conducted by a licensed pyrotechnic operator.
B.Chapter 56, Section 5601.1.3 is amended to add Section 5601.1.3.2 Seizure of Fireworks, to read as
follows:
The fire chief shall have the authority to seize, take, or remove all fireworks stored, sold, offered for sale, used
or handled in violation of the provisions of Title 19 California Code of Regulations, Chapter 6.
17.04.420 California Fire Code Chapter 57—Flammable and Combustible Liquids—Adopted.
California Fire Code, Chapter 57, Flammable and Combustible Liquids, is adopted in its entirety without
amendments.
17.04.430 California Fire Code Chapter 58—Flammable Gases and Flammable Cryogenic Fluids—Adopted.
California Fire Code, Chapter 58, Flammable Gases and Flammable Cryogenic Fluids, is adopted in its entirety
without amendments.
17.04.440 California Fire Code Chapter 59—Flammable Solids—Adopted.
California Fire Code, Chapter 59, Flammable Solids, is adopted in its entirety without amendments.
Nov. 8, 2022 Item #6 Page 13 of 18
17.04.450 California Fire Code Chapter 60—Highly Toxic and Toxic Materials—Adopted.
California Fire Code, Chapter 60, Highly Toxic and Toxic Materials, is adopted in its entirety without
amendments.
17.04.460 California Fire Code Chapter 61—Liquefied Petroleum Gases—Adopted.
California Fire Code, Chapter 61, Liquefied Petroleum Gases, is adopted in its entirety without amendments.
17.04.470 California Fire Code Chapter 62—Organic Peroxides—Adopted.
California Fire Code, Chapter 62, Organic Peroxides, is adopted in its entirety without amendments.
17.04.480 California Fire Code Chapter 63—Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids—
Adopted.
California Fire Code, Chapter 63, Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids, is adopted in its
entirety without amendments.
17.04.490 California Fire Code Chapter 64—Pyrophoric Materials—Adopted.
California Fire Code, Chapter 64, Pyrophoric Materials, is adopted in its entirety without amendments.
17.04.500 California Fire Code Chapter 65—Pyroxylin (Cellulose Nitrate) Plastics—Adopted.
California Fire Code, Chapter 65, Pyroxylin (Cellulose Nitrate) Plastics, is adopted in its entirety without
amendments.
17.04.510 California Fire Code Chapter 66—Unstable (Reactive) Materials—Adopted.
California Fire Code, Chapter 66, Unstable (Reactive) Materials, is adopted in its entirety without amendments.
17.04.520 California Fire Code Chapter 67—Water-Reactive Solids and Liquids—Adopted.
California Fire Code, Chapter 67, Water-Reactive Solids and Liquids, is adopted in its entirety without
amendments.
17.04.530 California Fire Code Chapter 80—Referenced Standards—Adopted.
California Fire Code, Chapter 80, Referenced Standards, is adopted in its entirety without amendments.
17.04.540 California Fire Code Appendices—Adopted in part and amended.
The Appendices to the California Fire Code are adopted as follows:
A.Appendix 4 is adopted in its entirety without amendments.
B.Appendix B is adopted in its entirety with the following amendments:
Table B105.2 is amended to read as follows:
TABLE B105.2
REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES
Nov. 8, 2022 Item #6 Page 14 of 18
AUTOMATIC SPRINKLER SYSTEM
(Design Standard)
MINIMUM FIRE-FLOW
(gallons per minute)
FLOW DURATION
(hours)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2)
Section 903.3.1.1 of the California
Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at
the reduced flow rate
Section 903.3.1.2 of the California
Fire Code
50% of the value in Table
B105.1(2)b
Duration in Table B105.1(2) at
the reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m
A.The reduced fire-flow shall be not less than 1,000 gallons per minute
B.The reduced fire-flow shall be not less than 1,500 gallons per minute
C.Appendix BB is adopted in its entirety without amendments.
D.Appendix C is adopted in its entirety without amendments.
E.Appendix CC is adopted in its entirety without amendments.
F.Appendix D is adopted in its entirety with the following amendments:
Appendix D, Section D106: Subsection D106.1 Multiple-family residential developments is amended to read
as follows:
Projects having more than 50 dwelling units: Multiple-family residential projects having more than 50 dwelling
units shall be provided with two separate and approved fire apparatus access roads.
Appendix D, Section D107: Subsection D107.1 One- or two-family residential developments is amended to
read as follows:
Developments of one- or two-family dwellings where the number of dwelling units exceeds 40 shall be
provided with two separate and approved fire apparatus access roads.
Exceptions:
1.Deleted in entirety
Appendix D, Section D107: Subsection D107.1.1 One- or two-family residential developments is added to
read as follows:
Developments of one- or two-family dwellings located in a High or Very High Fire Hazard Severity Zone where
the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus
access roads.
G.Appendix E is adopted in its entirety without amendments.
H.Appendix F is adopted in its entirety without amendments.
I.Appendix G is adopted in its entirety without amendments.
Nov. 8, 2022 Item #6 Page 15 of 18
J.Appendix H is adopted in its entirety without amendments.
K.Appendix O is adopted in its entirety without amendments.
17.04.550 Severability.
The city council of the City of Carlsbad hereby declares that should any section, paragraph, sentence or word
of this chapter or of the City of Carlsbad Municipal Code hereby adopted be declared for any reason to be
invalid, it is the intent of the city council that it would have passed all other portions of this chapter
independently of the elimination herefrom of any such portion as may be declared invalid.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and no earlier
than the effective date of the 2022 California Building Standards Code, which is January 1, 2023; and
the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a
summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper
of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 18th
day of October, 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 8th day of November, 2022, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Acosta, Norby.
NAYS: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
� /C: � CINDIE K. McMAHON, City Attorney
I f MATT HALL, Mayor
� rFAVIOLA MEDINA, City Clerk Services Manager (SEAL}
Nov. 8, 2022 Item #6 Page 16 of 18
Attachment A
Findings for Local Amendments to
2022 California Fire Code
Changes or modifications to the California Building Standards Code, 2022 Edition, are reasonably
necessary in the City of Carlsbad due to local climatic, geological, and topographical conditions,
and hereby makes express findings of the necessity for such modifications.
Climatic: The weather of the San Diego region, as in most of Southern California, is influenced by
the Pacific Ocean and its semi-permanent high-pressure systems that result in dry, warm
summers and mild, occasionally wet winters. The average temperature ranges (in degrees
Fahrenheit (°F)) from the mid-40s to the high 90s. Most of the region’s precipitation falls from
November to April with infrequent (approximately 10%) precipitation during the summer. The
average seasonal precipitation along the coast is approximately 10 inches; the amount increases
with elevation as moist air is lifted over the mountains to the east.
The City of Carlsbad has many large hillsides covered with extensive vegetation. The city is also
subject to Santa Ana conditions of gusty winds and low humidity that predisposes the hillsides to
extreme fire hazard. These climatic conditions necessitate greater fire protection standards than
that provided by the California Building Standards Code.
Geography: The nearest fault to the city is the Newport–Inglewood–Rose Canyon Fault, which
runs offshore of the western edge of the city and is considered active. Other faults in the region
include the Coronado Bank, La Nacion, Elsinore, Agua Caliente, and San Jacinto. Fault activity has
the potential to result in ground shaking, which can be of varying intensity depending on the
intensity of earthquake activity, proximity to that activity, and local soils and geology conditions.
Carlsbad is located within a seismically active region, and earthquakes have the potential to cause
ground shaking of significant magnitude. Although located near fault lines, Carlsbad lies within a
medium-low probabilistic peak ground acceleration zone. Earthquake exposed electricity/power
lines and leaking gas pipelines are a major cause of fire after an earthquake. These geologic
conditions necessitate greater fire protection standards than that provided by the California
Building Standards Code.
Topography: The topography in the San Diego region varies greatly, from beaches on the west to
mountains and desert on the east. Along with local meteorology, the topography influences the
dispersal and movement of pollutants in the basin. The mountains to the east prohibit dispersal
of pollutants in that direction and help trap them in inversion layers. Natural areas and open
spaces, including watershed features, hillsides, habitats, parks and vistas, are some of the most
Nov. 8, 2022 Item #6 Page 17 of 18
defining and integral components of the city’s form and structure. Carlsbad’s beaches connect to
three of California’s natural lagoons – Buena Vista, Agua Hedionda and Batiquitos. These lagoons
are rich with a diversity of plant, animal and aquatic wildlife and offer public amenities, such as
hiking trails, scenic views, fishing, and water recreation. Watershed drainages give Carlsbad its
rolling topography in the east, resulting in areas with steep slopes ideal for protected habitat.
Hillsides layered with trees and brush create unique, intimate spaces where many of Carlsbad’s
master planned communities and resorts are located. The city is also subject to Santa Ana
conditions of gusty winds and low humidity that predisposes the hillsides to extreme fire hazard.
These topographic conditions necessitate greater fire protection standards than that provided by
the California Building Standards Code.
Other conditions: Additional amendments are found to be either administrative or procedural in
nature or concern themselves with subjects not covered in the California Building Standards
Code. These changes include provisions making the California Building Standards Code
compatible with other codes, including but not limited to administrative and procedural
ordinances enforced by the city.
Nov. 8, 2022 Item #6 Page 18 of 18
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
TO: CITY CLERK
DATE OF PUBLIC HEARING : ~/~/~/-2 ........ /~_~,~~---------
SUBJE~ 01, ~ D..a ·a ¼:\kl)
LOCATION : Q:i200 Carlsbad Village Drive, Carlsbad, CA 92008
D Other: ------------------
DATE POSTED TO CITY WEBSITE _......_J --"--e;:.-/-=-d-D__,,"'~/_.2"'-· =d,.,___
DATE NOTICES MAILED TO PROPERTY OWNERS: ----------
NUMBE8_ MAILED: -
I declare under penalty of perjury under the laws.of the State of California t hat I am employed by
the City of Carlsbad and the foregoing is true and correct.
DEPARTMENT: [BbTY CLERK'S OFFICE □OTHER _______ _
J 0/1 7/d-;2_
Signature Date
------------------------------------------------------------------------------
SENT TO FOR PUBLICATION VIA E-MAIL TO: □ Union Tribune on ----
.~Coast News ~n-J-c/11l);;). '
PUBLICATION DATE: Union Tribune ---~----------
Coast News --+-/ ....... D4/__,_;2.~//_:k,a~.....,__,,~· _____ _
I declare under penalty of perjury under the laws of the State of California that I am employed by
the City of Carlsbad and the foregoing is true and correct.
DEPARTM ENT: [Btirv CLERK'S OF FICE □ OTHER-----,-------
Signature
Attachments: 1) Mailing Labels
2) Notice w/ attachments
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City
of Carlsbad will hold public hearings at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad,
California, at 5 p.m. on Tuesday, Nov. 8, 2022, or as soon thereafter as the matter may be called, at the
City Hall Council Chamber, pursuant to California Government Code Sec. 6066, to consider the following
items:
California Building Standards Code Adoption
Every three years, the California Building Standards Commission {Commission)
updates the state's model building codes, which local jurisdictions adopt and enforce
as the minimum standards for new construction. The state allows local amendments
to the state model codes when findings can be made that such code changes are
necessary to address locally unique topographical, geological, climatic, and
environmental conditions.
This is a public notice for two related items: MCA2022-000S and MCA2022-0006.
1. MCA2022-0005 (Amending Title 18, Building Codes and Regulations).
Introduction of an ordinance that adopts and amends the 2022 triennial
edition of the Building Code, Residential Code, Fire Code, Existing Building
Code, Historical Building Code, Electrical Code, Plumbing Code, Mechanical
Code, Green Building Standards Code and the Energy Code.
2. MCA2022-0006 (Amending Title 17, Fire Protection). Introduction of an
ordinance that adopts and amends the 2022 triennial edition of the Fire
Code.
In accordance with California Government Code Sec. 6066, publication of notice pursuant to this section
shall be once a week for two successive weeks. This is the first notice.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies
of the staff reports presenting the projects will be made available on Nov. 4, 2022. If you have any
questions about the portions of the California Building Standards Codes that includes building codes and
regulations (MCA2022-000S), please contact Mike Strong, Assistant Community Development Director, in
the Planning Division at (442) 339 -2721 or mike.strong@carlsbadca.gov. If you have any questions about
the portion that includes the fire code (MCA2022-0006), please contact Randy Metz, Fire Division Chief,
in the Fire Department at (442) 339-2661 or randy.metz@carlsbadca.gov.
If you challenge the project in court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice or in written correspondence delivered to the City of
Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public
hearing.
CASE FILE:
CASE NAME:
PUBLISH:
MCA2022-000S and MCA2022-0006
Adopt and Amend the 2022 California Building Standards Code
Oct. 21, 2022
CITY OF CARLSBAD CITY COUNCIL
TO: CITY ~LERK
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
DATE OF PUBLIC HEARING: -----''~· t~/-2-+-L~,b~----------
SUBJECT: o{c:,g ;:;i CA b., ~ CW.es
LOCATION: ff1200 Carlsbad Village Drive, Carlsbad, CA 92008
D Other: _________________ _
DATE POSTED TO CITY WEBSITE / 0~1/~
DATE NOTICES MAILED TO PROPERTY OWNERS: __ -________ _
NUMBER. MAILED: ---
I declare under penalty of perjury under the laws.of the State of California that I am employed by
the City of Carlsbad and the foregoing is true and correct.
DE-PARTMENT: ~ CLERK'S OFFICE □OTHER _______ _
Signature Date
SENT TO FOR PUBLICATION VIA E-MAIL TO: □ Union Tribune on ___ _
~a-st News on-} o/t 7/,J.;;;J
PUBLICATION DATE: Union Tribune _____________ _
Coast News -~JD/=---c2=~._..,/,__.;l,...:.d:------------
I declare under penalty of perjury under the laws of the State of California that I am employed by
the City of Carlsbad and the foregoing is true and correct.
DEPARTM ENT: □ CITY CLERK'S OFFICE □ OTHER _______ _
Signature Date
Attachments: 1) Mailing Labels
2) Notice w/ attachments
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City
of Carlsbad will hold public hearings at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad,
California, at 5 p.m. on Tuesday, Nov. 8, 2022, or as soon thereafter as the matter may be called, at the
City Hall Council Chamber, pursuant to California Government Code Sec. 6066, to consider the following
items:
California Building Standards Code Adoption
Every three years, the California Building Standards Commission {Commission)
updates the state's model building codes, which local jurisdictions adopt and
enforce as the minimum standards for new construction. The state allows local
amendments to the state model codes when findings can be made that such code
changes are necessary to address locally unique topographical, geological, climatic,
and environmental conditions.
This is a public notice for two related items: MCA2022-000S and MCA2022-0006.
1. MCA2022-000S {Amending Title 18, Building Codes and Regulations).
Introduction of an ordinance that adopts and amends the 2022 triennial
edition of the Building Code, Residential Code, Fire Code, Existing Building
Code, Historical Building Code, Electrical Code, Plumbing Code, Mechanical
Code, Green Building Standards Code and the Energy Code.
2. MCA2022-0006 (Amending Title 17, Fire Protection). Introduction of an
ordinance that adopts and amends the 2022 triennial edition of the Fire
Code.
In accordance with California Government Code Sec. 6066, publication of notice pursuant to this section
shall be once a week for two successive weeks. This is the second notice.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies
of the staff reports presenting the projects were made available on Nov. 4, 2022. If you have any questions
about the portions ofthe California Building Standards Codes that includes building codes and regulations
(MCA2022-000S), please contact Mike Strong, Assistant Community Development Director, in the
Planning Division at (442) 339 -2721 or mike.strong@carlsbadca.gov. If you have any questions about the
portion that includes the fire code (MCA2022-0006), please contact Randy Metz, Fire Division Chief, in the
Fire Department at (442) 339-2661 or randy.metz@carlsbadca.gov.
If you challenge the project in court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice or in written correspondence delivered to the City of
Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public
hearing.
CASE FILE:
CASE NAME:
PUBLISH:
MCA2022-0005 and MCA2022-0006
Adopt and Amend the 2022 California Building Standards Code
Oct. 28, 2022
CITY OF CARLSBAD CITY COUNCIL