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Building Standards Code Update

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DRAFT CODE DOCUMENTS FOR REVIEW

DWR's Building Code update staff have been working diligently to connect with and obtain input from stakeholder groups for several months. The intent of these meetings is to refine DWR's Code update documents to expand flood provisions within the California Building Standards Code - on a voluntary basis - addressing educational, multi-family residential buildings and hotels/motels. DWR staff have shared the following two draft Code update documents with stakeholders in recent weeks. Click on the link to obtain a copy of the Educational draft Code update document and to obtain a copy of the Multi-Family Residential draft Code update document. When DWR has completed the Code update development process (in November, 2010) it will post the final public versions (on this website) that DWR intends to submit to the Building Standards Commission by December 31, 2010 for the 2010 Code Adoption Cycle.

Quick-Look at the California DWR Building Standards Code Update Project, Past and Future

What (Past):
DWR has developed and proposed for adoption and approval by the California Building Standards Commission (CBSC) updated requirements to the California Building Standards Code pursuant to Senate Bill 5 (2007). DWR's Building Standards Code Update Project is an important part of the multi-faceted FloodSAFE California initiative, established in 2006, to improve public safety through enhanced integrated flood management state-wide.
Why:
The purpose of updating the Code is initially to improve public safety (particularly for vulnerable populations) and will be expanded to reduce significant and costly building damage due to flooding.
When:
DWR submitted its initial recommendation package to the CBSC in July 2009. The revised recommendation package was available for public review and comment through December 16, 2009 and was unanimously approved by the CBSC on January 12, 2010. The approved recommendation package consists of Code updates to improve public safety under deep flooding conditions in the Central Valley. It focuses on two key flood threats: (1) entrapment and/or drowning due to the lack of a safe evacuation route or an evacuation location, and (2) serious injury or death caused by structural failure of walls due to unbalanced hydrostatic pressures inside and outside of the building. In other words, enough water must get inside the home to equal the water pressure on the outside of the house, so the walls do not collapse.
Per State statute, the effective date of these Building Standards is March 1, 2012 or ninety days after the corresponding maps from the approved CVFPP are completed and readily available to the general public, whichever is the later date.
Where:
The updated requirements apply to single-family residential homes and residential care facilities with six or fewer clients in areas protected by the facilities of the Central Valley Flood Protection Plan (CVFPP) where flood depths are anticipated to exceed three feet for a 200-year flood event. The approved updated Code will apply to new construction and will be triggered for existing buildings by change of use, substantial improvement, or repair of substantial damage.
What (Future):
For the upcoming Code Adoption Cycle, DWR is planning to expand flood provisions within the Code - on a voluntary basis - to address additional building types such as educational and multi-family residential buildings. DWR plans to address other residential occupancy groups such as hotels, motels, multi-family homes and assisted care facilities with more than six clients. Also, DWR is considering further measures - such as ensuring that emergency facilities remain operational during floods - to ensure public safety and reduce flood damages to buildings.
 

Senate Bill 5 (SB 5) signed into law in October 2007 updates the California Health & Safety Code to require the Department of Water Resources (DWR) to propose updated requirements to the California Building Standards Code. The requirements proposed for adoption and approval by the California Building Standards Commission (BSC) would be for construction in areas protected by the facilities of the Central Valley Flood Protection Plan where flood levels are anticipated to exceed three feet for the 200-year flood event. Before DWR proposes the amendments to the California Building Standards Code, the Department is to consult with the Central Valley Flood Protection Board, the Division of the State Architect, and the Office of the State Fire Marshal.

The language within the Health and Safety Code (HSC) that pertains to the California Building Standards Code update is as follows:

Section 50465 is added to the Health and Safety Code, to read:

(a) On or before January 1, 2009, the Department of Water Resources shall propose for adoption and approval by the California Building Standards Commission updated requirements to the California Building Standards Code for construction in areas protected by the facilities of the Central Valley Flood Protection Plan where flood levels are anticipated to exceed three feet for the 200-year flood event. The amendments to the California Building Standards Code shall be sufficient to reduce the risk of flood damage and protect life, safety, and the construction in those areas.

(b) Before the department proposes the amendments to the California Building Standards Code required pursuant to subdivision (a), the department shall consult with the Central Valley Flood Protection Board, the Division of the State Architect, and the Office of the State Fire Marshal.

The updated codes, once approved by the BSC, will apply in "areas protected by the facilities of the Central Valley Flood Protection Plan (CVFPP) where flood levels are anticipated to exceed three feet for the 200-year flood event." The CVFP Plan is currently under development and will be approved in 2012.

To develop and direct the project until its completion, DWR quickly formed the Building Codes Team (BCT). The BCT consists of DWR staff from the Division of Flood Management, which has a long history in flood management in California; subject matter experts including flood proofing, national model code, California Building Standards Code, and National Flood Insurance Program; and additional technical and facilitation support.

Surpassing the requirements of HSC § 50465, the Building Codes Team also created a Technical Advisory Committee (TAC) to obtain input from stakeholder groups including the agencies specified in HSC § 50465. The TAC consists of more than twenty State agencies and organizations from different sectors of the building industry (residential, commercial, industrial, public, and private development). The members were recruited to augment the expertise in the BCT by forming a coalition of broad building code and flood management expertise. TAC members contribute technical expertise and knowledge to assist the BCT in developing the proposed BSC, and advice on strategy for a viable, acceptable rollout plan for the proposal. They are also encouraged to take part in public engagement meetings. The TAC is not chartered with approval authority, nor represents a consensus seeking process.

Public engagement meetings were held in January 2009 and later in the spring to solicit input for the preliminary results of investigation, and ultimately, the proposed BSC update package. Multiple meetings were held in the Central Valley to facilitate broad participation of local agencies, interested parties, and individuals.

HSC § 50465 requires that the proposed amendments to the California Building Standards Code be sufficient to reduce the risk of flood damage and protect life, safety, and the construction in those areas. With these in mind, the BCT has performed literature research of documented flood threats and developed a process of threat analysis to determine which hazards pose the greatest threat to life, safety, and structural property during a flood event. The BCT has identified these "chief" threats and begun developing preliminary solutions. Upon obtaining input from the TAC and public, the BCT will continue formulating provisional amendments to the Building Codes to mitigate these threats. After the second round of public engagement workshops, final development and the appropriate quality control reviews, DWR will submit a proposed code update package to the BSC by July 1, 2009.

Public Engagement

The Department of Water Resources hosted the first round of public meetings in January 2009 to provide background information and to receive input on the FloodSAFE California Building Standards Code Update underway, and hosted a second round of public meetings in April and May to provide opportunity for the public to review and offer input on the proposed update language that DWR intended to submit to the California Building Standards Commission (CBSC). The Building Codes Team incorporated comments from the TAC, the public, and DWR management and submitted its proposal package to the CBSC by July 1, 2009. On August 11, 2009, the BCT met with the CBSC's Building, Fire & Other Code Advisory Committee (CAC), a meeting open to the public. This advisory committee provided advice to DWR on what they believed, in their collective professional opinion, would improve the proposal package. DWR also received comment from the public at the August 11 meeting. DWR elected to apply the CAC's advice, incorporate the public review comments, and following protocol, resubmitted a revised proposal package to CBSC in September. That revised package proposing to update the California Building Standards Code and the new California Residential Code, currently being proposed by the California Department of Housing and Community Development (HCD), was provided to the public for review and comment. That 45-day Public Review Period was from Friday, October 2, 2009 through Monday, November 16, 2009. The items are posted on the CBSC's website, http://www.bsc.ca.gov/prpsd_chngs/pc_09_comment.htm. During this period, comments were only received from the California Building Industry Association (CBIA). These comments, in short, agreed with DWR's proposed changes and requested that DWR clarify if the proposed changes to the California Residential Code were to be located within the appendix. DWR concurred with CBIA that clarity was needed and has reissued the Express Terms regarding proposed update to the California Residential Code; the proposed update is recommended for inclusion within the voluntary appendix. A third public review period starts December 1, 2009 and ends December 16, 2009. The last day to comment is December 16, 2009 at 5 p.m. The Notice of Proposed Action (NOPA) and revised Express Terms can be obtained on the CBSC's website, http://www.bsc.ca.gov/prpsd_chngs/pc_09_comment.htm under the first subsection of the web page. Please limit comments to the modifications to the text only.

For more information, please see below or contact Maria Lorenzo-Lee at mlorenzo@water.ca.gov, or Brian Walker at walkerb@water.ca.gov or (916) 574-1451.