TITLE
Adopt resolution making express findings and determinations relating to the adoption of more restrictive code provisions where appropriate;
DISCUSSION
Every three years, the State of California (“State”) adopts the latest edition of the California Building Standards Code and Uniform Housing Code (herein referred to collectively as the “Code”) to establish uniform standards for the construction and maintenance of buildings, electrical systems, plumbing systems, mechanical systems, and fire and life safety systems. The 2016 Edition of the California Building Standards Code was adopted by the California Building Standards Commission and published on July 1, 2016. The 1997 Edition of the Uniform Housing Code, which is the last edition, was adopted by the California Department of Housing and Community Development as provided for in the California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, Article 5, Section 32. The California Health and Safety Code (HSC) Sections 17958, 18938(b) and 18941.5(a) require that the latest edition of the Code apply to local construction 180 days after publication. Therefore, State law requires that the Code become effective at the local level on January 1, 2017.
Prior to the adoption and enforcement of the Code at the local level, State law permits local governments to amend the Code in certain circumstances. Pursuant to HSC Sections 13143.5(a) and (b), 17958.5, 17958.7 and 18941.5(b), such amendments can only be enacted when an express finding and determination is made that such amendments are reasonably necessary because of local climatic, geological, or topographical conditions that affect the local government. Local amendments, ordinances and regulations necessary to implement civil, administrative, or criminal procedures and remedies to enforce the Code, that do not establish Building Standards as defined in the HSC Section 18909(c), can be enacted without the required express finding and determination...
Click here for full text