REPORT TO COUNCIL
SUBJECT
Title
Introduction of Ordinance: 1) Amending Chapter 16.52 of the Sunnyvale Municipal Code to Adopt by Reference the 2025 California Fire Code with Local Amendments and Related Findings; 2) Amending Chapter 20.10 of the Sunnyvale Municipal Code with Local Amendments and Related Findings; and 3) Finding that the Action is Exempt from the California Environmental Quality Act
Report
BACKGROUND
The International Fire Code (IFC) is a model fire code that regulates minimum fire safety requirements for new and existing buildings, facilities, storage and processes. The IFC is in use or adopted in 42 states and is published every three years by the International Code Council. In California, the California Building Standards Commission adopts the IFC with new statewide amendments every three years. This adopted code is known as the California Fire Code (CFC) and is found in Part 9 of Title 24 of the California Code of Regulations. Title 24 is commonly referred to as the California Building Standards Code.
The State of California adopted the 2025 California Fire Code which will be effective in January 2026 and published the documents on July 1, 2025. All local jurisdictions are required to adopt this code with appropriate amendments by January 1, 2026 or accept by default the version adopted by the State. Local amendments to the CFC must be supported with findings that are based on unique local climatic, geologic and topographic conditions.
The amendments and revisions set forth here establish the requirements of the 2025 Fire Code for the City of Sunnyvale.
EXISTING POLICY
Sunnyvale General Plan - Safety and Noise Sub-Element
Goal SN-1, Acceptable Levels of Risk for Natural and Human-caused Hazards
Ensure that natural and human-caused hazards are recognized and considered in decisions affecting the community and that land uses reflect acceptable levels of risk based on identified hazards and occupancy.
Goal SN-3, Safe and Secure City
Ensure a safe and secure environment for people and property in the community by providing effective public safety response, prevention, and education services.
Policy SN-1.5: Promote a living and working environment safe from exposure to hazardous materials.
ENVIRONMENTAL REVIEW
This action is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15308 (Class 8 - Actions by Regulatory Agencies for the Protection of the Environment) and Section 15305 (Class 5 - Minor Alterations in Land Use Limitations) and Section 15061 because it can be seen with certainty that there is no possibility that the local amendments adopted will have a significant effect on the environment.
DISCUSSION
Our City and region confronts local fire hazards unique to our climatic, geologic, and topographic conditions. Therefore, some regional fire code amendments were developed in cooperation and coordination with other cities and fire districts in the region, as outlined below. The recommended local amendments are also discussed in detail in this section.
Cooperative Efforts at Regional Standardization
Many of the existing or proposed amendments to the Fire Code for the City of Sunnyvale were developed in cooperation with other cities and fire districts within Santa Clara County to provide regulatory consistency throughout the county.
In mid-2025, the Santa Clara County Fire Marshals began meeting bi-weekly to focus on the new 2025 CFC. In addition, a task group was formed to review specific concerns related to hazardous materials. A two-step process was followed:
1. The new CFC was examined to identify areas where state standards have changed. Where changes in the new CFC duplicated existing local amendments, the local amendment was deleted.
2. Where the existing local amendment was more restrictive than the new state standards, the local amendment was examined to see if the underlying assumptions or operational experience upon which the amendments were based were still applicable and agreement was reached on uniform wording for the amendments.
Because the model code is developed by such a diverse group of interests and regions, the CFC is considered a code of minimum standards. Different climates, topography, geology, and firefighting tactics, capabilities, and resources warrant different levels of built-in fire protection. For these reasons and others, cities and fire districts amend and adopt codes, which are more restrictive than the CFC or IFC.
Some of the proposed fire code amendments are intended for adoption by all fire jurisdictions in Santa Clara County. The changes have no impact on local zoning decisions.
No substantive amendments were introduced at the county level this year, nor are any being proposed. All amendments presented are administrative in nature and primarily involve renumbering sections and updating reference language to align with the new versions of CFC or IFC. The code amendments are consistent with AB 130. None of the proposed amendments involve residential units and they are substantially equivalent to changes and amendments that were previously approved by the City Council at the last code adoption in 2022.
DPS also proposes a minor amendment to Title 20 to update the reference to the California Health & Safety Code for the Hazardous Materials Business Plan.
FISCAL IMPACT
No fiscal impact is expected. Updated fees associated with some of these changes may be necessary which will be brought for Council approval with other Department-wide fee adjustments. Additional training and fire code materials may be absorbed in existing budgetary allocations.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
ALTERNATIVES
1. Introduce an Ordinance Amending Chapter 16.52 of the Sunnyvale Municipal Code to Adopt by Reference the 2025 California Fire Code with Local Amendments and Related Findings, and Amending Chapter 20.10 of the Sunnyvale Municipal Code, and Find that the Action is Exempt from the California Environmental Quality Act under CEQA Guidelines Sections 15308, 15305, 15061.
2. Do not introduce the proposed ordinance.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Introduce an Ordinance Amending Chapter 16.52 of the Sunnyvale Municipal Code to Adopt by Reference the 2025 California Fire Code with Local Amendments and Related Findings, and Amending Chapter 20.10 of the Sunnyvale Municipal Code, and Find that the Action is Exempt from the California Environmental Quality Act under CEQA Guidelines Section 15308, 15305, and 15061.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Stephanie Huang, Fire Marshal
Reviewed by: Daniel Pistor, Director, Department of Public Safety
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Draft Ordinance- Fire Code
2. Draft Ordinance- Hazardous Materials, Enforcement