City of Cypress, CA BUILDING CODE

(a)

Findings: The following amendments and modifications to the 2022 Editions of the California Building Codes are hereby found to be reasonably necessary due to consideration of specific local climatic, geological or topographical conditions as follows:

CALIFORNIA BUILDING CODE, 2022 EDITION

(1)

Climatic condition: Hot, dry, and strong Santa Ana winds directly impact the City of Cypress, particularly during the fall and spring seasons. The winds pose a substantial threat in contributing to the rapid spread of fire, particularly within the city, where there are high density apartments and condominium complexes. The condition necessitates an increased level of fire protection and on-site, automatic fire sprinkler systems.

(2)

Climatic condition: The City of Cypress is located in a semi-arid, Mediterranean climate, which predisposes all fuels, including wood shingles, to rapid ignition of fire. Exacerbated by the condition of the high winds, the danger of rapid spread of fire creates the need for additional fire protection measures.

(3)

Geographic condition: The City of Cypress lies, geographically, within Seismic Zone No. 4. A zone 4 region evidences the existence of fault lines, which are susceptible to seismic activity. This condition can impede fire department activity to mitigate damages. Therefore, there exists a need for both additional fire protection measures and automatic, on-site protection for property occupants.

(4)

Geographic and topographic conditions: Traffic and circulation congestion presently exist in Orange County and place fire department response time to emergencies at risk. This condition makes the need for automatic, on-site fire protection for property occupants necessary.

Placement of multiple-occupancy buildings, location of arterial roads, and fire department staffing constraints due to revenue-limiting state legislation have made it difficult for the fire department to locate additional fire stations and provide manpower sufficient to concentrate fire apparatus and personnel to control fires in high density apartment or condominium complexes. This condition creates the need for on-site automatic fire sprinkler systems.

(5)

Modification to sections 105.2, 115 and 1511 are administrative amendments of local discretion.

(b)

Amendments: The following amendments are made to the California Building Code, 2022 Edition adopted by this chapter:

(1)

Section 105.2 is amended to read as follows:

Exempted work. A building permit shall not be required for the following:

One-story, detached accessory buildings used as tool or storage sheds, playhouses, or similar uses, provided the projected roof area does not exceed 120 square feet.

Block walls three feet, five inches or less. Wood fences not over 6 feet high.

Oil derricks.

Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one (2:1).

Sidewalks and driveways not more than (30) thirty inches above adjacent grade, and not over any basement or story below and are part of an accessible route.

Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

Temporary motion picture, television and theater stage sets and scenery.

Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches deep, do not exceed 5,000 gallons and are entirely above ground.

10.

Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

11.

Swings and other playground equipment accessory to detached one- and two-family dwellings.

12.

Window awnings supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support of Group R-3 and U occupancies.

13.

Non-fixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches in height.

Unless otherwise exempted, separate plumbing, electrical and mechanical permits may be required for the above exempted items.

Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

(2)

Section 115 is hereby amended to add the following:

When a building, structure, or construction project has been deemed a public nuisance by the Building Official, the entire lot shall be fenced along its perimeter with a minimum six foot (6′) high chain link fence. The enclosure shall contain gates to allow construction traffic through. When not in use, such gates shall be closed and locked.

(3)

Section 202 Definitions is adopted in its entirety with the following amendments: General Definitions is hereby revised by adding "Spark Arrester" as follows:

Spark Arrester is a listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

(a)

Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

(b)

Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.

(4)

Section 501.2 is hereby amended to read as follows:

501.2. Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property.

Said numbers shall contrast with their background. Any commercial building occupied by more than one business shall have numbers or addresses placed on or immediately adjacent to all doors that would allow fire department access in an emergency. In no case shall the numbers be less than four inches with a one-half inch stroke for residential and six inches for commercial or multifamily residential with a one inch stroke.

Multiple units (i.e., apartments, condominium, townhouses, businesses, etc.) having entrance doors not visible from the street or road shall have approved numbers grouped for all businesses within each structure and positioned to be plainly visible from the street or road. Said numbers may be grouped on the wall of the structure or on a substantial mounting post independent of the structure.

(5)

Section 903.2 Where required is hereby revised as follows:

903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:

New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.19, an automatic fire-extinguishing system shall be installed in all occupancies when the total building area, as defined in Section 202, exceeds 5,000 square feet (465 m²) or more than two stories in height, regardless of fire areas or allowable area.

Existing buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and when one of the following conditions exists:

When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5000 square feet (465 m²) as defined in Section 202; or

When an addition exceeds 2000 square feet (186 m²) and the resulting building area exceeds 5000 square feet (465 m²) as defined in Section 202.

An additional story is added above the second floor regardless of fire areas or allowable area.

Exception: Group R-3 occupancies. Group R-3 occupancies shall comply with Section 903.2.8.

(6)

Section 903.2.8 Group R is hereby revised as follows with no change to the exceptions:

903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

New buildings: An automatic sprinkler system shall be installed throughout all new buildings.

Existing buildings: An automatic sprinkler system shall be installed throughout when the building area exceeds 3,600 square feet (334 m²) and when one of the following conditions exists:

When an addition is 33% or more of the existing building area as defined in Section 202, within a two-year period; or

An addition when the existing building is already provided with automatic sprinklers; or

When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.

(7)

Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows:

903.5.3 The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 psi, and when required by the fire code official, the fire sprinkler system shall not exceed the water supply capacity specified by Table 903.5.3.

(8)

Section 1505.1 is hereby amended to the following:

Minimum Class B Roof Covering. The roof covering on any structure regulated by this code shall be as specified in amended table 1505.1 and shall be classified not less than Class B.

(9)

Table 1505.1 is hereby amended, by the deletion of Table 1505.1 and the addition of a new Table 1505.1 thereto, to read as follows:

TABLE 1505.1 MINIMUM ROOF COVERING CLASSIFICATIONS TYPES OF CONSTRUCTION
IA	IB	IIA	IIB	IIIA	IIIB	IV	VA	VB
B	B	B	B	B	B	B	B	B

(10)

Section 1505.1.3 is hereby amended, by the deletion of the entire section and the addition of a new section thereto, to read as follows:

1505.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B.

(11)

Section 1511.3 is hereby amended by adding the following:

Not more than one overlay of asphalt shingles shall be applied over an existing asphalt shingle roof.

Not more than one overlay of asphalt shingle roofing shall be applied over wood shingles. Asphalt shingles applied over wood shingles shall have an overlay underlayment of not less than type 30 nonperforated felt.

(12)

Section 1907 is hereby amended by adding the following:

Type V cement complying with table No. 1904A.2 for severe sulfate exposure or equal is required for use in all R-1, R-3 and U-1 Occupancies footings and slabs on grade. Slabs on grade shall be protected from exposure to moisture by not less than a 10 mil. thick moisture barrier.

(13)

Section 3109.2 is hereby amended by adding the following definition:

PRIVATE POOL is any constructed pool, permanent or portable, which is intended for noncommercial use as a swimming pool by not more than three owner families and their guests.

(14)

Section 3109.2 is amended to clarify that pool barriers which are already in the Code are scoped so as to apply on all private swimming pools and shall be amended as follows:

The top of the pool barrier shall be not less than 5′ (60″) above grade measured from the side of the barrier that faces away from the swimming pool.

(15)

Chapter 35 Referenced Standards. Refer to OCFA fire Code Local Amendments Chapter 80 for Referenced Standards.

(c)

The following amendments are added to the 2022 California Residential Code:

(1)

Chapter 2 Section 202 Definitions is hereby revised by adding "OCFA" and "Spark Arrestor" as follows:

Spark Arrestor. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with the California.

Vehicle Code Section 38366.

Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.

(2)

Chapter 3 Building Planning is adopted in its entirety with the following amendments and additions:

(i)

Section R301.9 Fuel Modification Requirements for New Construction is hereby added as follows:

R301.9 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 "Vegetation Management Guideline – Technical Design for new Construction Fuel Modification Plans and Maintenance Program."

(ii)

Section R309.6 Fire sprinkler attached garages, and carports with habitable space above is hereby amended by modifying the exception as follows:

Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing carports and/or garages that do not have an automatic residential fire sprinkler system installed unless a sprinkler system is required in accordance with California Fire Code Section 903.2.8.

(iii)

Section R313.1 Townhouse automatic fire sprinkler systems is hereby amended by modifying the exception as follows:

Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing townhouses that do not have an automatic fire sprinkler system installed unless a sprinkler system is required in accordance with California Fire Code Section 903.2.8.

(iv)

Section R313.2 One- and two-family dwellings automatic fire sprinkler systems is hereby amended by modifying the exception as follows:

Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system unless a sprinkler system is required in accordance with California Fire Code, OCFA Local Amendments Section 903.2.8.

(v)

Section R313.3.6.2.2 Calculation procedure is hereby revised as follows:

Section R313.3.6.2.2 Calculation Procedure. Determination of the required size for water distribution piping shall be in accordance with the following procedure and California Fire Code Section 903.3.5.

(vi)

R319 Site address is hereby revised as follows:

R319 Site Address. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm), and 6″ letters with a 1″ stroke for commercial. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained.

(vii)

Section R337.1.3 Application is hereby revised as follows:

R337.1.3 Application. New buildings located in any Fire Hazard Severity Zone, or any WildlandUrban Interface Fire Area designated by the enforcing agency constructed after the application date, and additions to and remodel of buildings constructed before 2012 located in areas currently designated as such, shall comply with the provisions of this chapter. The provisions shall also apply to additions, remodels, and accessory structures located within 100 feet of a fuel modification zone, vegetation management area, or similar area containing hazardous combustible vegetation, regardless of whether the property is currently located in a designated Fire Hazard Severity Zone or Wildland-Urban Interface Area, when materials and/or construction methods for exterior wildfire exposure were previously required at the property by the Building or Fire Code Official.

Exceptions:

Buildings of an accessory character classified as a Group U occupancy and not exceeding 120 square feet in floor area, when located at least 30 feet from an applicable building.

Buildings of an accessory character classified as a Group U occupancy of any size located at least 50 feet from an applicable building.

Buildings classified as a Group U Agricultural Building, as defined in Section 202 of this code (see also Appendix C – Group U Agricultural Buildings), when located at least 50 feet from an applicable building.

(viii)

Sections R902.1 through 902.2 are hereby amended as follows:

Not less than Class B roofing permitted. A minimum of Class A or B roof covering is required.

(3)

Chapter 10 Chimneys and Fireplaces is adopted in its entirety and newly amended this code cycle by adding section 1001.13 as follows:

(i)

Section R1001.13 Chimney spark arrestors is hereby added as follows:

R1001.13 Chimney Spark Arresters. All chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrester. Chimneys serving outdoor appliances or fireplaces shall be equipped with a spark arrester. The spark arrester shall meet the requirements of Section 2113.9.2 of the California Building Code.

(ii)

Section R1001.13 Outdoor fireplaces, fire pits, fire rings, or similar devices is hereby added as follows:

R1001.13 Outdoor Fireplaces, Fire Pits, Fire Rings, or Similar Devices. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices shall comply with this section.

Exception: Barbeques, grills, and other portable devices intended solely for cooking.

(iii)

Section R1001.13.1 Gas-fueled devices is hereby added as follows:

R1001.13.1 Gas-Fueled Devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester in accordance with Section R1003.9.2.

(iv)

Section R1001.13.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas is hereby added as follows:

R1001.13.2 Devices Using Wood or Fuels Other Than Natural Gas or Liquefied-Petroleum Gas. Fireplaces burning wood or other solid fuel shall be constructed in accordance with Section R1001. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks. The burning of wood or other solid fuel in a device is not allowed within 15 feet of combustible structures, unless within a permanent or portable fireplace.

(v)

Section R1001.13.3 Devices using wood or fuels other than natural gas or liquefied-petroleum gas is hereby added as follows:

R1001.13.3 Where Prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone. Wood and other solid fuel burning fires in devices other than permanent fireplaces are not allowed within Wildfire Risk Areas (WRA) and adopted Fire Hazard Severity Zones (FHSZ) or in locations where conditions could cause the spread of fire to the WRA or FHSZ, unless determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.

(4)

Chapter 44 Referenced Standards (R-3 Occupancy related standards are included). Chapter 44 Referenced Standards is adopted in its entirety with the following amendments:

(i)

Section 8.15.1.2.7 is hereby revised as follows:

8.15.1.2.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by fire code official.

(ii)

Section 11.1.1.1 is hereby added as follows:

11.1.1.1 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area. Warehouse fire sprinkler systems shall be designed to Figure 16.2.1.3.2(d) curve "G." Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted. Where a subsequent use or occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new use or occupancy.

(iii)

Section 11.2.3.1.1.1 is hereby added as follows:

11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the fire code official:

Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply the result by 0.433.

Use a maximum of 40 psi, if available.

Utilize the OCFA water-flow test form/directions to document a flow test conducted by the local water agency or an approved third party licensed in the State of California.

(5)

NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is hereby amended as follows:

(i)

Section 7.1.2 is hereby revised as follows:

7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.

(6)

2022 CRC Appendix V is hereby amended to conform with 2022 CBC section 3109.2 as amended in items 13 and 14 above. Enclosure height shall be 60″ minimum.

(d)

The 2022 California Green Building Code is hereby amended as follows:

(1)

Section 202 is amended to add the following definition:

Sustainability. Consideration of present development and construction impacts on the community, the economy, and the environment without compromising the needs of the future.

(e)

The following amendment is made to the California Mechanical Code, 2022 Edition, adopted by this chapter.

(1)

Section 301.0 is hereby amended by adding the following paragraph:

Equipment regulated by this Code shall not be located in any required front yard as established by the building code or zoning ordinances. Equipment may be located in a required side yard subject to Cypress Zoning Ordinance.

(f)

The following amendment is made to the Uniform Housing Code, 1997 Edition, adopted by this chapter:

(1)

Chapter 2 is hereby amended by adding thereto the following sections:

Section 201.1. Authority. The Building Official and the health officer are hereby authorized and directed to administer and enforce all of the provisions of this Code. For such purposes, they shall have the powers of law enforcement officers.

Section 201.2. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this code and the technical codes, or whenever the Building Official or health officer or their authorized representatives have reasonable cause to believe that there exists in any building, or upon any premises, any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official, the health officer or their authorized representatives may enter such building or premises at all reasonable times, to inspect the same or to perform any duty imposed upon the Building Official or the health officer by such codes, provided that if such building or premises be occupied, the Building Official, the health officer or their authorized representatives, shall first present proper credentials and demand entry; and if such building or premises be unoccupied, they shall first make reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official, the health officer or their authorized representatives shall have recourse to every remedy provided by law to secure entry.

No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official, the health officer or their authorized representatives for the purpose of inspection and examination pursuant to this code. Any person violating this subdivision shall be guilty of a misdemeanor, and subject to punishment in accordance with Section 1-7 of the Code of the City of Cypress.

(g)

The following amendments are added to California Administrative Code, 2022 Edition:

(1)

Chapter 1 is amended to add the following:

(a)

Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this code and the technical codes, or whenever the Building Official or health officer or their authorized representatives have reasonable cause to believe that there exists in any building, or upon any premises, any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official, the health officer or their authorized representatives may enter such building or premises at all reasonable times, to inspect the same or to perform any duty imposed upon the Building Official or the health officer by such codes, provided that if such building or premises be occupied, the Building Official, the health officer or their authorized representatives, shall first present proper credentials and demand entry; and if such building or premises be unoccupied, they shall first make reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official, the health officer or their authorized representatives shall have recourse to every remedy provided by law to secure entry.

No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official, the health officer or their authorized representatives for the purpose of inspections and examination pursuant to this code. Any person violating this subdivision shall be guilty of a misdemeanor, and subject to punishment in accordance with Section 1-7 of the Code of the City of Cypress.

(Ord. No. 1199, § 1, 11-14-22)