California Health and Safety Code requires cities and counties to adopt building standards that are consistent with those contained in the California Building Standards Code. If local jurisdictions do not adopt such building standards, the provisions as published in the California Building Standards Code (CCR Title 24) will become effective at the local level after 180 days from its publication, or at a later date established by the California Building Standards Commission.
At the time of adopting the State Building Standards into local ordinances, or anytime thereafter, the City and or Fire District may amend, add or repeal those regulations upon express findings that each of such modifications is "reasonably necessary because of local climatic, geological or topographical conditions."[i] The modifications, however, cannot make the State-mandated standards less stringent. The modifications along with the justifications must be filed with the California Building Standards Commission in order to become legally binding .
On October 9, 2019 the Board of Directors of the Chino Valley Independent Fire District approved Ordinance NO. 2019-01 and adopted the 2019 California Fire Code with local amendments and the 2018 International Fire Code. The District has requested that the City, as a part of it’s Code adoption process adopt the 2019 California Fire Code and the 2018 International Fire Code with the amendments approved and adopted by the District. A summary of the changes to the 2019 California Fire Code is attached to this report.
Procedure for Fire Code Adoption
Section 50022.2 of the Government Code gives local agencies the authority to adopt another legislative body’s laws and regulations by referencing the laws and regulations in an ordinance. The section further provides that the ordinance needs to be placed on a City Council Agenda to be introduced for first reading by title only, and for the City Council to schedule a public hearing. The public hearing is held prior to the City Council adopting the ordinance on second reading.
Notice of the hearing, pursuant to Section 6066 of the Government Code, must be published once a week for two successive weeks. The first publication of the notice must be at least 15 days prior to the hearing date.
[i] Chino Valley Independent Fire District adoption ordinance