Report Prepared by: Janet German, Management Analyst, Fire Department
Title
SUBJECT: Public Hearing for the Introduction of Ordinances Adopting Title 24, Parts 1-12 of the California Code of Regulations Known as the California Building Standards and Fire Code, and Legislative Findings Supporting Local Amendments, to the City of Merced Municipal Code
REPORT IN BRIEF
Public Hearing to Introduce Ordinances adopting Title 24, Parts 1-12 California Code of Regulations known as the California Building Standards and Fire Code, and Legislative Findings supporting Local Amendments, to the City of Merced Municipal Code.
RECOMMENDATION
City Council - Adopt a motion:
A. Introducing Ordinance 2582, an Ordinance of the City Council of the City of Merced, California, Amending Title 17.04, “Building Code,” Sections 17.04.010, 17.05.010, 17.06.010, 17.07.010, 17.09.010, 17.10.010, 17.12.010, 17.20.010, 17.24.010, 17.28.020, and 17.34.010, 17.11.010 of the Merced Municipal Code to adopt by reference the California Building Code, California Residential Code, California Existing Building Code, California Green Code, California Energy Code, California Reference Standard Code, California Historical Code, California Wildland-Urban Interface Code, California Administrative Code, California Electrical Code, California Mechanical Code, and California Plumbing Code; and,
B. Introducing Ordinance 2583, an Ordinance of the City Council of the City of Merced, California, Amending Chapter 17.32, “Fire Prevention Code,” of the Merced Municipal Code.
Body
ALTERNATIVES
1. Approve as recommended by staff; or,
2. Approve, subject to conditions other than recommended by staff; or,
3. Refer to staff for reconsideration of specific items; or,
4. Continue to a future meeting; or,
5. Deny the request.
AUTHORITY
Charter of the City of Merced, Section 412, Adoption of Ordinances and Resolutions.
California Government Code, Section 50020 et. Seq. Powers and Duties of Legislative Bodies. California Buildings Standards Law, Health and Safety Code, Section 18901 et seq., Division 13, Part 2.5 State Housing Law, Health and Safety Code Section 17905, Division 13, Part 1.5 California Code of Regulations, Title 24, California Health and Safety Code, Section 17922 et. seq. State Housing Law; and, California Health and Safety Code, Section 18938 et. seq. Building Standards Code California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1 (Title 25) California Building Code, Part 2, Volume 1 of Title 24, Chapter 1, Division II, Section 101 Health and Safety Code §17950, 17958.7, 17960, 18938, 18941.5, and 18948. California Buildings Standards Code.
CITY COUNCIL PRIORITIES
As provided for in the FY 25/26 Adopted Budget. Additionally, approval of these ordinances will ensure consistency of the City’s Building and Fire Codes with state standards and to ensure that these codes provide additional protection of the health, welfare, and safety of the community due to local climatic, geological, and topographical considerations.
DISCUSSION
Background
Every three years, the International Code Council (ICC), International Association of Plumbing and Mechanical Officials (IAPMO), American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) and the National Fire Protection Association (NFPA) promulgate, amend, and publish new editions of the various model construction and maintenance codes reflecting the changing technology and products in the construction industry. Additionally, State legislation mandates that local jurisdictions adopt the same construction codes within six months of the date of those adopted by the California Building Standards Commission (CBSC). On July 1, 2025, CBSC adopted the International Building Code, International Fire Code, Uniform Plumbing and Mechanical Codes, National Electrical Code, and Title 24, Parts 1 - 12, of the California Code of Regulation. Therefore, State law requires that the Codes become effective at the local level on January 1, 2026. Prior to the adoption and enforcement of the Codes at the local level, State law does permit local jurisdictions to amend the Codes in certain circumstances. Pursuant to Sections 17958.5 and 17958.7 of the HSC, such local amendments can only be enacted when an express finding and determination is made that such local amendments are reasonably necessary because of local climatic (which include environmental), geological, or topographical conditions that affects the jurisdiction. California Building Standards Law permits local amendments that are reasonably necessary provided it is a more restrictive building standard. State Housing Law permits local amendments that are necessary provided it is equivalent or a more restrictive building standard. Local amendments that are necessary for administrative clarification and do not modify Building Standards as defined in Section 18909(c) of the HSC can be enacted without the required express finding and determination.
Past Council Actions
Triennially, City Council has considered and adopted past California Building, Residential, Existing Building, Green Building Standards Code, Historical Code, Energy Code, Administrative Code, Electrical Code, Mechanical Code, Plumbing Code, Fire Code, and Referenced Standards Code, including local amendments.
New Code Information
California state amendments have been made from the International Fire Code and adopted by the State of California to reflect the local impacts of fire to California residents. Much of the change from 2022 to 2025 reflects the year change and grammatical improvements. Topics of change and addition include, but are not limited to, Electric Vehicles (Chapter 12), Electric Vehicle Charging (Chapter 12), Lithium-Ion Batteries (Chapter 12), Lithium-Ion Battery Care (Chapter 12), Lithium-Ion Battery Storage (Chapter 12), Lithium-Ion Battery Permitting (Chapter 12), and Wildland Urban Interface (WUI) (Chapter 49). City of Merced Ordinance changes were collaborated amongst the Fire Department, City Engineering, and the Building Department which are related to fire flows to ensure a fire safe community.
Proposed Action
With reference to adoption of the Codes, the proposed ordinances will repeal the adoption of the 2022 edition of Title 24, Parts 1 - 12, of the California Code of Regulations, and will reenact the effected sections of the Merced Municipal Code by adopting the 2025 edition of Title 24, Parts 12 - 12, of the California Code of Regulations and local amendments. City staff (Building, Inspection Services, Fire, Code Enforcement, Planning, Engineering, Public Works, Housing, and Economic Development) diligently work with our community residents, businesses, and contractors to provide a cooperative approach to enforcing local and state regulations. City staff understands the critical relationship between regulations and keeping fire and life safety paramount for the community and therefore, proposes local amendments, primarily consisting of structural and fire life safety, which are desirable for the safety of our citizens and the preservation of property. Additionally, the majority of the local amendments are a continuation of previously adopted amendments from prior code adoption cycles.
IMPACT ON CITY RESOURCES
None. Costs associated with codification of the proposed ordinances and enforcement of its provisions are sub-vented in part by cost recovery measures from fees derived from business inspections, non-compliance, operational permits, and developmental service fees generated from city ordinance and city fee schedules.
ATTACHMENTS
1. Ordinance 2582 Building Code Adoption
2. Ordinance 2583 Fire Code Adoption