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  Agenda Item   12.    
City Council Special General Session Meeting
Meeting Date: 12/16/2022  
FROM: Bill Gallardo

Subject:
Adoption of Revised 2022 Construction Codes Findings Resolution No. 2022-083
RECOMMENDATION
Adopt Resolution No. 2022-083, setting forth required findings for amendments to Codes comprising the 2022 California Building Standards Code (Title 24), adopted in City of Brea Ordinance No. 1232, based on local climatic, topographical and/or geological conditions.
BACKGROUND/DISCUSSION
BACKGROUND  
To comply with State law (Health and Safety Code Sections 17922 and 18938), the City previously enacted Ordinance No. 1232, which adopted and amended certain Codes contained in the 2022 California Building Standards Code (Title 24), as the City’s “Construction Codes”.  As further required by State law, the City adopted Resolution No. 2022-068 containing findings based on local climatic, geological and/or topographical conditions, in support of the City’s amendments to building standards in the 2022 California Building Standards Code. 

Staff has become aware that the California Building Standards Commission (“Commission”) now requires local adoption of Construction Code Appendices not adopted by the Commission as part of Title 24, to be supported by the foregoing findings.  Although Resolution No. 2022-068 did support the City’s adoption of such Appendices with findings, Ordinance No. 1232 also adopted and amended the 2021 International Swimming Pool and Spa Code (“ISPSC”) to better regulate swimming pool and spa safety. This Code is not adopted by the State and is not part of Title 24. Staff is concerned that, as with adoption of Appendices not adopted by the State, the Commission may also require findings be adopted supporting adoption and amendment of the ISPSC.  The previous findings resolution (No. 2022-068) did not include such findings.

DISCUSSION  
The City’s findings resolution and Construction Code ordinance must be filed with the Commission before any amendments will become effective. To ensure that, to the extent possible, all of the City’s amendments to the 2022 California Building Standards Code, and adoption and amendment of the 

ISPSC, become effective as of the first of the year, Staff is recommending that the Council adopt Resolution No. 2022-____.  It is similar to the previous findings resolution, but now includes findings supporting adoption and amendment of the ISPSC, as adopted in Ordinance No. 1232.  

The City Attorney’s Office has reviewed and approved the format of all documents associated with the 2022 Construction Code adoption process.
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by: Christian Varela, Building and Safety Division
Concurrence: Jason Killebrew, Community Development Director
 
Attachments
Resolution

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