In California there is a state mandated code adoption process promulgated by the Building Standards Commission. This process updates codes every three years, or sooner as necessary. The Building Standards Commission recently adopted the International Building Code (IBC) as well as the International Residential Code (IRC). The code adoption went through an extensive public review process that culminated in a final version for statewide implementation. This code is now mandatory in the State of California; however, there continues to be allowances for the City to adopt localized amendments to address local conditions of terrain, geology and climate. The proposed Ordinance includes the City’s traditional Fire Department local amendment pertaining to a prohibition of open burning, which would otherwise be permissible under current State codes. In addition, the proposed Ordinance includes an exception to the Uniform Swimming Pool, Spa and Hot Tub Code regarding barrier requirements, because those are enforceable through the California Swimming Pool Safety Act (California Health and Safety Code, sections 115920 – 115929).
The 2022 editions of the California Building and Fire codes have been adopted by the Buildings Standards Commission and will become effective statewide on January 1, 2023. Although there are provisions in the codes that make adoption by default, staff recommends the City Council adopt these most recent versions of the California Building and Fire Codes by Ordinance to allow the inclusion of a local amendment that would prohibit open burning. Staff also recommends the City Council adopt the most recent version of the Uniform Swimming Pool, Spa code and Hot Tub Code with an exception regarding barrier requirements to allow enforcement of those to align with the California Swimming Pool Safety Act.
In addition to the California Building and Fire Codes adoption as discussed above, the Ordinance includes an amendment to the associated Rocklin Municipal Code (RMC) Section 15.40.090, Penalty and Enforcement, to provide the City with improved penalty and enforcement mechanisms beyond the current RMC language. Specifically, the current RMC language reflected below would be replaced with the amended language also reflected below:
Current RMC 15.04.090
Notwithstanding any other provision of any code adopted herein, any person who violates any provision of any code, or modification thereto, is guilty of a misdemeanor, as the same is now, or may hereafter be defined, by the laws of the state of California. For purposes of Chapters 1.08 and 1.14 of this code, the official or officials designated as the enforcing authority under each code adopted hereby, and/or the city manager, shall be the enforcing authority. The fire chief is hereby designated the enforcing authority for all standards promulgated by the office of the state fire marshal.
Proposed RMC 15.40.090
Any person who violates a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of any provision of the approved construction documents, or directive of the fire code official, or of a permit or certificate used under the provisions of this code, shall be guilty of a misdemeanor, as the same is now, or may hereafter be defined by the laws of the State of California. Each day that a violation continues after due notice has been served shall be deemed a separate offense. For the purposes of Chapters 1.08 and 1.14 of this code, the official or officials designated as the enforcing authority under each code adopted hereby, and/or the city manager, shall be the enforcing authority. The fire chief is hereby designated the enforcing authority for all standards promulgated by the office of the state fire marshal.
If introduced and adopted by the City Council, the proposed Ordinance, which would adopt the most recent versions of the California Building and Fire codes, associated administrative regulations and a local amendment, would become effective on January 1, 2023.