Division I. Building and Safety Construction Code
Chapter 15.01
PURPOSE AND FINDINGS
Sections:
15.01.010 Purpose.
A. This title regulates building standards, safety, and related matters. It adopts by reference and as amended or added to by the city of Benicia various codes developed by the state of California and other entities, including but not limited to the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire, Existing Building, and Green Building Standards Codes, Flood Damage Prevention, Seismic Hazards, Storm Water, Grading and Erosion Control, and Public Improvement Standards. The purpose of the ordinance codified in this chapter is to make certain amendments, deletions, and additions as allowed under state law to align with the newest cycle of regulatory codes by incorporating the latest version of applicable codes listed herein.
B. Such code shall be known as the Benicia building and safety construction code regulating the erection, construction, alteration, repair, relocation, demolition, occupancy, use, height, area, and maintenance of all buildings and structures and certain equipment therein specifically regulated. The provisions of said code shall provide for the issuance of permits and certificates of occupancy, the collection of fees thereof, and penalties for violation of such code. (Ord. 22-12 § 1).
15.01.020 Findings.
A. Pursuant to California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5 the city council finds that the requirements set forth in this title are reasonable and necessary modifications because of climatic, geological, and topographical conditions within the city of Benicia. The “express findings of need” contained herein address each of these conditions and present the local situations which cause the established amendments, deletions, and additions to be adopted.
1. The region is within a climate zone that requires compliance with energy efficiency standards for building construction. The amendment adds design flexibility that will add to energy efficiency in construction while maintaining nationally recognized health and safety standards. This reason is herein referred to as “Climatic I.”
2. The community is in an air quality nonattainment region. Research conducted by the Bay Area Air Quality Management District and reflected in the 2019 amendment to Regulation 6 Rule 3 extends the Air District’s authority to ban wood burning or combustion in wood-burning devices year-round. Emissions and pollutants may be greatly reduced with the use of gas-fired type fireplaces. This reason is herein referred to as “Climatic II.”
3. The city is subject to frequent periods of strong, gusty winds from the southwest and north. During this period, the temperatures can reach from 80 to 100 degrees in the summer months and the relative humidity can fall below 20 percent. The hot, dry, and windy climatic conditions create a hazardous situation that has led to extensive grass and brush fires. Future development with heat-driven wind has the potential for high fire consequences. Minor fires can rapidly spread because of the climate and vegetation. The configuration and type of existing development require additional review. Wood construction, including wood shingle and wood shake roofing, presents extreme adverse fire conditions as does the proximity of some buildings. This reason is hereinafter referred to as “Climatic III.”
4. The region is in an area of high seismic activities as indicated by the United States Geological Survey and California Division of Mines and Geology. Recent earthquake activities have indicated that lack of adequate design and detailing as a contributing factor to damages that reduce the protection of the life safety of building occupants and increase the cost of rehabilitation of structures. This reason is hereinafter referred to as “Geological I.”
5. According to the California Department of Developmental Services, drowning is the number one cause of accidental death for children under the age of five in California. Each year, near-drowning incidents result in lifelong disabilities. Between 2005 and 2014, there was an average of 3,536 drownings annually in the United States. Well-designed pool barriers can reduce accidental drowning deaths and injuries. This reason is hereinafter referred to as “Life/Safety I.”
6. Modifications and amendments provide minimum standards designed to enhance the aesthetic appearance of the community, preserve property values, and protect health, safety, and welfare. As required by the California Health and Safety Code, the city council finds and declares that the amendments, deletions, and additions to the regulations are reasonably necessary because of local conditions in that they prescribe local fee schedules and make other amendments, deletions, or additions to the code consistent with a comprehensive building program for the city. This reason is hereinafter referred to as “Local Conditions I.” (Ord. 22-12 § 1).