HomeMy WebLinkAboutOrd 21-89 Bldg/Elect/Plumb CodeORDINANCE No.21- 89
AN ORDINANCE OF THE CITY OF DUBLIN REPEALING THE CITY OF DUBLIN BUILDING REGULATIONS AS
CONTAINED IN ORDINANCE NUMBER 58-87, AND READOPTING THE CITY OF DUBLIN BUILDING
REGULATIONS CONTAINED IN ORDINANCE NUMBER 58-87 WITH MINOR REVISIONS THEREIN, AND
ADOPTING THE PROVISIONS OF THE 1988 UNIFORM BUILDING CODE, 1988 UNIFORM BUILDING CODE
STANDARDS, 1988 UNIFORM PLUMBING CODE, 1988 UNIFORM MECHANICAL CODE, 1988 UNIFORM
HOUSING CODE AND THE 1987 NATIONAL ELECTRICAL CODE AND ADOPTED AS AN URGENCY MEASURE
The City Council of the citY of Dublin, does ordain as follows:
SECTION I
Ordinances 58-87 is hereby repealed.
SECTION II
The City of Dublin Building Regulations as hereinafter set forth are hereby adopted.
City of Dublin Building Regulations
Chapter 1, Administration
Chapter 2, Building Code
Chapter 3, Electrical Code
Chapter 4, Plumbing Code
Chapter 5, Mechanical Code
Chapter 6, Housing Code
Chapter 7, Abatement of Nuisances
CHAPTER 1-ADMINISTRATIVE
Article 1 - 9.rganization and Enforcement
Article 2 - Permits and Inspections
Article 3 - Definitions .
Article 1 - prganization and Enforcement
Section 11.0 Enforcement
Section 11.1 Right of Entry
Section 11.2 Stop Work Orders
Section 11.3 Occupancy or Use Violations
Section 11.4 Dangerous Buildings or Installations
Section 11.5 Substandard Buildings
Section 11.6 Illegal Buildings, Structures or Installations
Section 11.7 Authority to Order Discontinuance of Utilities
Section 11.8 Existing Buildings, Structures or Installations
Section 11.9 Maintenance
Section 11.10 Alternate Materials and Methods of Construction
Section 11.11 Modifications
Section 11.12 Tests
Section 11.13 Appeals
Section 11.14 Liability
Section 11.15 Violation is a Misdemeanor
Section 11.16 Severability Clause
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Section 11.0 Enforcement. There is established in the City of Dublin the office o~e
.Building Official who is responsible for enforcing and administering all of the
provisions of this Ordinance, as hereinafter provided. The enforcement of Chapter 7
shall be as designated in Section 71.6 of this Ordinance. The Alameda County Health
Officer shall enforce all of the provisions of this Ordinance pertaining to:
1. Private water supply.
2. Private sewage disposal systems.
3. Infestation of insects, vermin or rodents.
4. Storage and removal of garbage.
5. Sanitation of bedding.
For purposes of enforcement of the foregoing provisions of this Ordinance the Heat~h
Officer shall have the same authority and duties that are assigned to the Building
Official in Sections 11.0, 11.1, 11.2, 11.3, 11.7, 11.10, 11.11, 11.12 and 11.13 of this
article.
The Building Official, and the Alameda County Health Officer shall have the power of
a peace officer.
Section 11.1 Right of Entry. Whenever necessary to make an inspection to enforce any
of the provisions of this Ordinance or whenever the Building Official has reasonable
cause to believe that a violation of this Ordinance exists in any building or any
premises, or there exists in any building or upon any premises any condition which makes
the building or premises dangerous, substandard, unsanitary, or a menace to life, health
or property, the Building Official may enter such building or premises at all reasonable
times to inspect the same or to perform any duty imposed upon the Building Official~
this Ordinance or any other applicable law, ordinance, rule or regulations provided t~
if such building or premises be occupied, he shall first present credentials and demand
entry. If such entry is refused, the Building Official shall have recourse to every
remedy provided by law to secure entry.
Section 11.2 Stop Work Orders. Whenever any work is being done contrary to the
provisions of this Ordinance or any other applicable law, ordinance, rule or regulation,
the Building Official may order the work stopped by serving written notice on any
persons engaged in, doing, or causing such work to be done. Any such person shall
forthwith stop such work until authorized by the Building Official to proceed with the
work. If there are no persons present on the premises the notice may be posted in a
conspicuous place. The notice shall state the nature of the violation. Any person
violating a stop work order shall be guilty of a misdemeanor.
Section 11.3 Occupancy or Use Violations. Whenever any building or structure,
electrical, plumbing, or mechanical installation, or portion thereof, is being used
contrary to the provisions of this Ordinance or any other applicable law, ordinance,
rule, or regulation, and whenever the occupancy of a building has been changed without
the approval of the Building Official,-the Building Official may order such use
discontinued and, where deemed necessary for the safety of the occupants thereof, or the
public, may order the building or structure or portion thereof to be vacated by serving
written notice to any persons using or causing such use. If there are no persons
present on the premises at the time, the notice may be posted in a conspicuous place on
the premises. The notice shall state the nature of the violation and the time when said
use shall be discontinued, and when required, the time which said building or struct,~
or portion thereof shall be vacated. No person shall continue said use or continue ~
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occupy said building or structure, electrical, plumbing, or mechanical installation, or
portion thereof, contrary to the terms of said notice until the violation is corrected
and use or occupancy is authorized by the Building Official.
Any person violating any notice issued pursuant to this section shall be guilty of a
misdemeanor.
Section 11.4 Dangerous Buildings or Installations.
(a) pangerous Building or Structures. For the purpose of this Ordinance, any building
or structure which has any of all of the conditions or defects hereinafter described
shall be deemed to be a dangerous building or structure, provided that such
conditions or defects exist to the extent that the life, health, property, or safety
of the public or its occupants are endangered:
1. Whenever any door, aisle, passageway, stairway or other means of exit is not of
sufficient width or size, or is not so arranged as to provide safe and adequate
means of exit in case of fire or panic.
2. Whenever the stress in any materials, member or portion thereof, due to all dead
and live loads, is more than one and one-half times the working stress or
stresses allowed in the Building Code for new buildings of similar structure,
purpose or location.
3. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood,
or by any other cause, to such an extent that the structural strength or
stability thereof is materially less than it was before such catastrophe and is
less than the minimum requirements of the Building Code for new buildings or
similar structure, purpose or location.
4. Whenever any portion or member or appurtenance thereof is likely to fail, or to
become detached or dislodged, or to collapse and thereby injure persons or damage
property.
5. Whenever any portion of a building or structure, or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength or stability,
or is not so anchored, attached, or fastened in place so as to be capable of
resisting a wind pressure of one half of that specified in the Building Code for
new buildings of similar structure, purpose or 'location without exceeding the
working stresses permitted in the Building Code for such buildings.
6. Whenever any portion thereof has cracked, warped, buckled, or settled to such an
extent that walls or other structural portions have materially less resistance to
winds or earthquakes than is required in the case of similar new construction.
7. Whenever the building or structure, or any portion thereof, because of (I)
dilapidation, deterioration, or decay; (II) faulty construction; (III) the
removal, movement or instability or any portion of the ground necessary for the
purpose of supporting building; (IV) the deteriortion, decay or inadequacy of its
foundation; or (V)any other cause, likely to partially or completely collapse.
8. Whenever, for any reason, the building or structure, or any portion thereof, is
manifestly unsafe for the purpose of which it is being used.
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9. Whenever the exterior walls or other vertical structural members list, lean, oj~
buckle to such an extent that a plumb line passing through the center of grav~'-'%·
does not fall inside the middle one third of the base.
10. Whenever the building or structure, exclusive of the foundations, shows 33
percent or more damage or deterioration of its supporting member or members, or
50 percent damage or deterioration of its nonsupporting members, enclosing or
outside walls or coverings.
11. Whenever the building or structure has been so damaged by fire, wind, earthquake
or flood, or has become so dilapidated or deteriorated as to become (I) an
attractive nuisance to children; (II) a harbor for vagrants, criminal or immoral
persons; or as to (III) enable persons to resort thereto for the purpose of
committing unlawful or immoral acts.
12. Whenever any building or structure has been constructed, exists, or is maintained
in violation of any specific requirement or prohibition applicable to such
building or structure provided by this Ordinance or any law, ordinance, rule or
regulation in relation to the condition, location or structure of buildings.
13. Whenever any building or structure which, whether or not erected in accordance
with all applicable laws and ordinances, has in any nonsupporting part, member or
portion, less than 50 percent, or in any supporting part, member or portion less
than 66 percent of the (I) strength; (II) fire resisting qualities or
characteristics; or (III) weather resistance qualities or characteristics
required by law in the case of a newly constructed building of like area, height
and occupancy in the same location. Except that for buildings erected prior
the effective date of Alameda County Ordinance 74-66 the seismic forces speci~
in Alameda County Ordinance 950 N.S. shall be used rather than the seismic force
required by law for a newly constructed building of like area, height, and
occupancy in the same location for determining the percent of strength.
14. Whenever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, air or sanitation facilities, or
otherwise, is determined by the Building Official to be unsanitary, unfit for
human habitation or in such a condition that it is likely to cause sickness or
disease.- ,
15. Whenever any building or structure, because of obsolescense, dilapidated
condition, deterioration, damage, inadequate exits, lack of sufficient fire-
resistive construction, faulty electric wiring, gas connections or heating
apparatus or other cause, is determined by the Building Official to be a fire
hazard.
16. Whenever any building or structure is in such a condition as to constitute a
public nuisance known to the common law or in equity jurisprudence.
17. Whenever any portion of a building or structure remains on a site after the
demolition or destruction of the building or structure or whenever any building
or structure is abandoned for a period in excess of six months so as to
constitute such building or portion thereof an attractive nuisance or hazard ~
the public.
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(b)
Dangerous Electrical, Plumbing, or Mechanical Installations. For the purpose of
this Ordinance, any electrical, plumbing or mechanical installation which has any or
all the conditions or defects hereinafter described shall be a dangerous electrical
plumbing, or mechanical installation, provided that such conditions or defects exist
to the extent that the life, health, property or safety of the public or any persons
using such installation are endangered:
1. Whenever any protective or safety service specified in this Ordinance is; not
provided, inoperative; or is defective, dilapidated, deteriorated so as to fail
to function as originally intended.
2. Whenever any installation or any portion thereof because of (I) dilapidation,
deterioration, or decay; (II) faulty construction; (III) obsolescence; (IV)
inadequate maintenance, which in relation to existing use constitutes a hazard to
life, health, property or safety.
3. Whenever any installation of any portion thereof which is damanged by fire, wind,
earthquake, flood or any other cause so as to constitute a hazard to life,
health, property or safety.
4. Whenever any installation or any portion thereof was constructed, installed,
altered or maintained in violation of this Ordinance so as to constitute a hazard
to life, health, property or safety.
5. Whenever any installation is in such condition as to constitute a public nuisance
know to common law or in equity jurisprudence.
(c) Unlawful to Maintain. It shall be unlawful to maintain or use a dangerous
building or structure, or a dangerous electrical, plumbing, or mechanical
installation.
(d)
Abatement. All dangerous buildings or structures, or dangerous electrical,
plumbing, or mechanical installations are hereby declared to be public nuisances and
may be abated by repair, rehabilitation, demolition or removal in accordance with the
procedures specified in Chapter 7 of this Ordinance or by any other remedy available
at law.
Section 11.5 Substandard Buildings. Ail buildings or portions thereof which are
determined to be substandard as defined in Section 1001 of the Housing Code are hereby
declared to be public nuisances and may be abated by repair, rehabilitation, demolition,
or removal in accordance with the procedure specified in Chapter 7 of this Ordinance or
by any other remedy available at law. It shall be unlawful to maintain or use any such
substandard building. Except that any condition which would require displacement of
sound walls or ceilings to meet height, length, or width requirements of ceilings,
rooms, and dwellings shall not by itself be considered sufficient existence of dangerous
conditions making a substandard building, unless the building was constructed, altered
or converted in violation of su6h requirements in effect at the time of construction,
alteration, or conversion.
Section 11.6 Illegal Buildings~ Structures or Installations. Every building or
structure or portion thereof, and every electrical, plumbing or mechanical installation
or portion thereof, erected, installed, constructed, enlarged, altered, repaired, moved,
converted, or improved without a permit and which was subject to the requirements for
permits by the Alameda County Building Code, the Alameda County Electrical Code, the
Alameda County Plumbing Code, the Alameda County Heating and Ventilating Code, the
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Alameda County Mechanical Code as adopted by Alameda County Ordinance Number 424, 508~
644, 120 N.S., and 74-66, respectively, or any subsequent Alameda County ordinances
which amended or readopted said Codes or which was erected, installed, constructed,
enlarged, altered, repaired, moved, converted or improved without a permit and which was
subject to the requirements for permits by City of Dublin Ordinance 02-84 or any
subsequent City of Dublin Ordinances which amends, adopts, or readopts The City of
Dublin Building Code, City of Dublin Electrical Code, City of Dublin Mechanical Code and
City of Dublin Mechanical Code is hereby declared to be an illegal building, structure,
or installation. Ail illegal buildings, structures, or installations shall be made to
conform to the provisions of this Ordinance or shall be demolished and removed.
Whenever necessary to assure compliance with the foregoing provisions the owner of any
illegal building, structure, or installation shall uncover any concealed portions of
such building, structure, electrical, plumbing or mechanical installation for inspection
and shall perform such tests as may be required by the Building Official.
It shall be unlawful to use or maintain any illegal buildings, structure, or
installation or portion thereof which was erected, installed, constructed, enlarged,
altered, repaired, moved, converted, or improved without a permit.
Ail illegal buildings, structures or installations or portions thereof may be abated by
being made to conform to the provisions of this Ordinance or by demolition and remove in
accordance with the provisions specified in Chapter 7 of this Ordinance or by any other
remedy available at law.
Section 11.7 Authority to Order Discontinuance of Utilities. The Building Official may
order the discontinuance of. the supply of electrical energy, fuel gas, or water to a~~
building or structure, electrical, plumbing or mechanical installation which is:
1. Being occupied or used contrary to the provisions of this Ordinance as set
forth in SeCtion 11.3.
2. A dangerous building or structure, or electrical, plumbing or mechanical
installation as set forth in Section 11.4 of this Ordinance.
3. A substandard building as set forth in Section 11.5 of this Ordinance.
4. An illegal building or structure, electrical,' plumbing or mechanical
installation as set forth-in Section 11.6 of this Ordinance.
Such order shall be in writing and shall state the nature of the condition requiring the
discontinuance of utilities and the time when such utilities shall be discontined. The
order shall be directed to the person, firm or corporation supplying electrical energy,
fuel gas, or water and a copy of said order shall be sent to the person using said
utilities and to the owner of the premises.
Section 11.8. Existing Buildings, Structures~ or Installations. Except as required by
Section 1201 of the Building Code, and Sections 22.18 and 42.7 of this Ordinance,
buildings or structures, electrical, plumbing or mechanical installations in existence
at the time of the adoption of this Chapter may have their existing use or occupancy
continued if such use or occupancy was legal at the time of adoption of this Chapter and
provided such continued use is not dangerous or substandard and does not menace heal~
life or property.
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Electrical,.plumbtng and mechanical systems installed in apartments, hotels and
dwellings and in existence prior to January 1, 1975, shall be deemed to have conformed
to applicable law in effect at the time of installation and to have been maintained in
good condition if currently in good and safe condition and working properly.
Section 11.9 Maintenance. Ail buildings or structure~, all electrical, plumbing and
mechanical installations, both existing and new, and all parts thereof shall be
maintained in a safe and sanitary condition. Ail devices or safeguards which are
required by the Building, Electrical, Plumbing, and Mechanical Codes when the building,
structure, or intallation was erected or installed shall be maintained in good working
order. The owner or his designated agent shall be responsible for maintenance of all
building, structures, installations or system.
Private building sewers shall be maintained in a gas-tight and water-tight condition.
Where private sewage disposal systems are permitted, the effluent therefrom shall be
contained beneath the surface of the ground level and within the property lines of the
premises.
Section 11.10 Alternate Materials and Methods of Construction. The provisions of this
Ordinance are not intended to prevent the use of any material or method of construction
not specifically prescribed by this Ordinance, provided any such alternate has been
approved by the Building Official.
The Building Official may approve any such alternate provided he find~ that the proposed
design is satisfactory, and that the material, method, or work offered is, for the
purpose intended, at least the equivalent of that prescribed in this Ordinance in
quality, strength, effectiveness, fire resistance, durability, dimensional stability,
and.safety. The details of any action granting approval of an alternate shall be
recorded and entered into the files of the City.
The Building Official may require that sufficient evidence or proof be submitted to
substantiate any claims that may be made regarding its use.
Section 11.11 Modifications. Whenever there are practical difficulties involved in
carrying out the provisions of this Ordinance, the Building Official may grant
modifications for individual cases, provided he shall first find that a special
individual reason makes the strict letter of this~Ordinance impractical and that the
modification is in conformity with the intent and purpose of this Ordinance and that
such modification does not lessen any fire protection requirements or any degree of
structural integrity. The details' of any action granting modifications shall be
recorded and entered in the files of the City.
Section 11.12 Tests. Whenever there is insufficient evidence of compliance with the
provisions of this Ordinance or evidence that any material or any construction does not
conform to the requirements of this Ordinance or in order ~to substantiate claims for
alternate materials or methods of construction, the Building Official may require tests
as proof of compliance to be made at the expense of the owner or his agent by an
approved agency.
Test methods shall be as specified by this Ordinance for the material in question. If
there are no appropriate test methods specified in this Ordinance, the Building Official
shall determine the test procedure.
Ail tests shall be made by an approved agency. Reports of such tests shall be retained
by the Building Official for the period required for the retention of public records.
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Section 11.13 Appeals. Any person agrieved with any decision of the Building Offici~
in connection with the application or interpretation of the provisions of this Ordin~
or in the approval of alternate materials or methods of construction may appeal to th.
City Council. Such appeal shall be in writing and filed within ten (10) days.
The City Council may after hearing, interpret any provision of this Ordinance.
The City Council may after hearing vary the application of this Ordinance in any
specific case when in its opinion the enforcement thereof would be contrary to the
spirit and purpose of this Ordinance or public interest. The City Council in granting a
variance may impose requirements or conditions to mitigate any adverse effects that may
result from granting a variance.
In making any such interpretation or granting any variance the City Council shall make
the following findings:
1. That the interpretation or variance is consistent with the purpose of this
Ordinance.
2. That the interpretation or variance will not lessen the protection to the people
of the City of Dublin and the property situated therein.
The City Council may approve alternate materials or methods of construction as set forth
in Section 11.10 by overruling the decision of the Building Official. In approval any
alternate materials or methods of construction the City Council shall make findings that
the material, method or work proposed is for the purpose intended, at least the
equivalent of that prescribed by this Ordinance in quality, strength, effectiveness,~
fire resistance, durability, dimensional stability and safety.
The City Council may appoint a Board of Appeals to hear any specific appeal. The Board
of Appeals shall consist of five (5) members qualified by training and experience to
pass on matters pertaining to the subject matter of the appeal and to serve until the
disposition of the appeal. The Board of Appeals shall have the same authority and
duties as the City Council in interpreting this Ordinance, granting variances, or
approving alternate materials or methods of construction. The Building Official shall
be an ex officio member of the Board of Appeals and shall act as secretary to the board.
The board of appeals shall adopt reasonable rules and regulations for conducting its
hearings and investigations. The decision of the Board of Appeals shall be final.
Revocation of Modification of Variance. The City Council may revoke or modify by
written order, after a public hearing held upon not less than ten (10) days notice, any
order permitting a variance. The City Council shall serve notice of the time and place
of a hearing to revoke or modify any order permitting a variance not less than ten (10)
days prior to such hearing, by personal service, or by first class mail, postage
prepaid, mailed to the person to whom such variance was granted at the address shown in
the application for such variance or to such other address as may appear reasonable to
the City Council under the particular circumstances.
Section 11.14 Liability. The building official, or his authorized representative
charged with the enforcement of this code, acting in good faith and without malice in
the discharge of his duties, shall not thereby render himself personally liable for any
damage that may accrue to persons or property as a result of any act or by reason of~m~y
act or omission in the discharge of his duties. Any suit brought against the buildi~
official or employee because of such act or omission performed by him in the enforceme~c
of any provision of such codes or other pertinent laws or ordinances implemented through
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the enforcement of this code or enforced by the code enforcement agency shall be
defended by this jurisdiction until final termination of such proceedings, and any
judgement resulting therefrom shall be assumed by this jurisdiction.
Section 11.15 Violation and Penalties.
(a)
Any person, firm, or corporation violating or causing, or permitting to be
violated any of the provisions of this Ordinance shall be deemed guilty of an
infraction unless such violation is described as a misdemeanor by specific provisions
of this Ordinance.
(b)
Any person, firm, or corporation convicted of a misdemeanor under the provisions
of this Ordinance shall be subject to a fine, or imprisonment or both not to exceed
the limits set forth in California Penal Code Section 19.
(c)
Any person, firm, or corporation convicted of an infraction under the provisions
of this Ordinance shall be punishable upon a first conviction of a fine not more than
$100.00, and for a second conviction within a period of one year by a fine of not
more than $200.00, and for a third or any subsequent conviction within a one-year
period by a fine of not more than $500.00. Any violation beyond the third conviction
within a one-year period may be charged by the District Attorney as a misdemeanor and
the penalty for conviction of the same shall be subject to a fine, or imprisonment or
both not to exceed the limits set forth in California Penal Code Section 19.
(d) In addition to the penalties here and above provided any condition caused or
permitted to exist in violation of any of the provisions of this Ordinance shall be
deemed a public nuisance and may be by the City of Dublin summarily abated as such.
(e) Each person, firm, or corporation shall be guilty of a separate offense for each
and every day during any portion of which any violation of any provision of this
Ordinance is committed, continued or permitted by such person and shall be punishable
accordingly.
(f) The Building Official shall have the power to designate by written order that
particular officers or emPloyees shall be authorized to enforce particular provisions
of this Ordinance. Officers'or employees so designated shall have the authority to
arrest persons who violate any of said provisions.
Section 11.16 Severability Clause. If any provision of this Ordinance, or of the codes
adopted by reference by this Ordinance, or the application thereof to any person or
circumstances, is held invalid, the remainder of this Ordinance, the codes adopted by
reference by this Ordinance, or the application of such provisions to other persons or
circumstances shall not be affected thereby.
Article 2 - Permits and Inspection
Section 12.0
Section 12.1
Section 12.2
Section 12.3
Section 12.4
Section 12.5
Section 12.6
Section 12.7
Section 12.8
Section 12.9
Permits Required
Exceptions
Application for Permits
Plans and Specifications
Information on Plans and Specifications
Survey
Issuance of Permits
To Whom Permits May Be Issued
Responsibility
Validity
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Section 12.10 Expiration
Section 12.11 Authority to Not Issue a Permit
Section 12.12 Suspension or Revocation
Section 12.13 Fees
Section 12.14 Inspections
Section 12.15 Special Inspections
Section 12.16 Moved Buildings, Structures~ Installations or Systems
Section 12.17 Occupancy
Section 12.0 Permit Required. No person, firm or corporation or organization shall
install, erect, construct, enlarge, add to, alter, repair, move, remove, demolish,
convert, occupy, equip or improve any building or structure, any electrical, plumbing or
mechanical installation or cause the same to be done without first obtaining a permit
from the Building Official.
A separate permit shall be required for each building or structure, but the permit may
include pertinent accessories such as fences, retaining walls, exterior lighting,
underground utilities and sprinkler systems, providing such work is shown on the
approved plans or described on the application. The Building Official may authorize
issuance of a single permit for several buildings where in his opinion the convenience
of the City will be served.
Prior to issuance of a permit by the Building Official, a separate permit or approval
shall be secured from the Health Office for private water supply and private sewage
disposal systems. In addition, separate permits for wells are required by the Alameda
County Flood Control and Water Conservation District Zone 7 pursuant to Article 14,
Chapter 6, Title 5, Alameda County Ordinance Code. ~
Additional permits shall be required for pertinent accessories regulated by this
Ordinance which are proposed to be constructed but not shown on the approved plans or
described on the application. A Grading Permit may also be required subject to the
provisions of the City of Dublin Grading Ordinance.
Section 12.1 Exceptions. No permit shall be required for the following; however,
permits shall be required for electrical, plumbing and mechanical installations in any
building or structure listed in items 1 through 18, and permits shall be required for
all new construction and substantial improvements that are located within an area of
special flood hazard in which case a permit shall be required as set forth in City of
Dublin Ordinance 42-87.
1o Open wire fences not more than 16' in height, masonry fences not more than 6'
in height, and all other type fences not more than 8' in height.
2. Retaining walls which do not retain more than 3' of earth when the earth
retained is level or where there is no surcharge load, and retaining walls which
do not retain more than 2' of earth when the earth retained is sloping or which
supports surcharge loads. See Section 2516(c) for requirements for treatment of
wood used for retaining walls.
3. One-story detached accessory buildings used as tool and storage sheds,
playhouses and similar uses, provided the projected roof area does not exceed
120 square feet. ~
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4. One-story buildings not more than 400 square feet in area used exclusively for
housing animals, poultry, livestock and similar animals and the storage of
necessary food, hay or grain for the animals housed therein.
5. Agricultural buildings as defined in Section 402 of the Building Code on lots
exceeding 20 acres in area which are located in an A Zoning District and where
the principal use of the land is agriculture.
6. Lath houses and similar sun shade structure with roofs which do not shed water,
which are not more than 10' in height and 1,000 square feet in area.
7. Awnings over doors and windows of a Group R-3 or Group M Occupancy which are
entirely supported by the building and do not project more than fifty-four (54)
inches.
8. Temporary construction offices, and storage sheds which are used on a site where
there is a valid building permit, grading permit, or which are used in
connection with a construction project where no building permit or grading
permit is required; however, this provisions shall not apply to such building
remaining on the site 30 days after the completion of construction.
9. Temporary construction offices and storage sheds when stored in a contractor's
equipment yard; however, this provision shall not apply if such buildings are
used for any purpose whatsoever.
10. Raised decks which are less than 30" above the ground at any point.
11. Treehouses or other structures which are designed to be used by children for
play.
12. Flag poles, radio or TV antennas and towers, less than 35' in height when not
attached to a building and less than 20' in height when attached to a building,
except permits are required for dish type antennas more than 4 feet in diameter.
13. Swimming, bathing, and wading pools, and fish ponds not exceeding 24" in depth.
14. Prefabricated swimming pools, spas, or hot tubs not exceeding 4' in depth if
resting on the surface of the ground or a concrete slab on the ground.
15. Painting, papering and similar finish work.
16. Moveable cases, counters, and partitions not over 5 feet 9 inches high.
17. 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.
18. Water storage tanks of any size if resting on the surface of the ground or on a
concrete slab on the ground when used only for watering livestock or irrigation.
19. The replacement of lamps or the connection of portable electrical appliances to
suitable receptacles which have been permanently installed.
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20. Non-electrical, signs less than 8' in height, non-electrical signs which do no~
exceed 3 pounds per square foot nor 4 inches in thickness when fastened flat ~-~
against the wall of any building and provided further that the sign does not
extend above the top of the wall of the building.
21. Clearing stoppages or repairing leaks in pipes, valves, fittings or fixtures
when such repairs do not involve the replacement or rearrangement of pipes,
valves, fittings or fixtures.
22. Buildings and structures owned by a sanitary district used exclusively for
storage, collection, conveying and treating sewage.
23. A permit shall not be required for demoliton or exploration work that may be
necessary in order to determine conditions in connection with a proposed
addition or alteration to an existing building if an application for a permit is
on file and prior approval for the demolition or exploration work is obtained
from the Building Official.
24. A permit shall not be required for small or unimportant work when approved by
the Building Official.
Exemption from the requirement of a permit shall not be deemed to be permissible to
violate any provision of this Ordinance or any other law, ordinance, rule or regulation.
Although permits are not required by this section, any person may obtain inspection
services by applying for a permit for such work and paying the applicable fee.
Section 12.2 Application for Permits. Every application for permits shall be made
writing on the forms furnished for that purpose. Every application shall include the
following:
1. The location of the premises by address and by legal description or County
Assessor's description.
2. The name, address and phone number of the applicant.
3. The signature of the applicant or his authorized agent, who may be required to
submit evidence of such authority.
4. A description of the work to be done.
5. A description of the proposed use and occupancy of the proposed building,
structure, or electrical, plumbing or mechanical installation and where existing
buildings, structures, electrical, plumbing or mechanical installations exist, a
complete description of the use or occupancy of such buildings, structures, or
installations.
6. Any other such information that may be reasonably required by the Building
Official.
7. An authorization to enter the property for the purpose of inspecting the work
without an inspection warrant. ~
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8. An indication as to whether the building is to be heated and/or cooled.
Section 12.3 Plans and Specifications. Two sets of plans and specifications shall be
submitted with each application for checking except that plans and specifications shall
not be required for small unimportant work when approved by the Building Official.
Engineering calculations, stress diagrams, soil investigation reports, geological
investigation reports, test data, electrical load calculations, gas and water supply
demand calculations and other data sufficient to show the correctness of the plans and
specifications and to assure that the proposed work will conform to all of the
provisions of this Ordinance shall also be submitted when required by the Building
Official. Plans and specifications shall be prepared by a certified architect, or
registered professional engineer when required by the Building Official. The owner
shall also submit a complete outline of the testing and inspection program proposed when
special inspection is required pursuant to Section 12.15.
Section 12.4 Information on Plans and Specifications. Plans shall be drawn to scale on
substantial paper and shall be legible and of sufficient clarity to indicate the nature
and extent of the work proposed and shall show in detail how the proposed work will
conform to the requirements of this Ordinance and all applicable laws, ordinances, rules
and regulations. The specifications indicating the type and grade of all the materials
to be used in the proposed work shall be shown on the plans unless otherwise approved by
the Building Official.
The first sheet of each set of plans shall contain the address or legal description of
the property where the work is proposed to be done, the name and address of the owner of
the the property and the name, address and signature of the person who has prepared the
plans.
The plans shall include a plot plan which shall show the location of existing and
proposed buildings or structures. The plot plan shall also show the location of all
existing or proposed gas mains and services; water mains, water services, fire hydrants,
sewer mains; underground or overhead power and communication lines; poles and
transformers; waterways, storm drains, inlets, culverts, curbs, gutters sidewalks,
building sewers, wells, septic tanks and drainage fields. The plans shall also include
a grading and drainage plan which shall show all existing elevations or contours and all
proposed final elevations, and the elevation of the first floor. This plan shall also
show how all portions of the lot are to be drained and any necessary drainage
structures. The grading and drainage plan may be combined with the plot plan if such
information can be clearly shown on the plot plan~
If the proposed work does not involve new buildings or structures and does not change
the configuration of existing buildings or structures the Building Official may waive
the requirements for a plot plan and grading or drainage plan. Where only minor grading
is proposed and existing drainage patterns are not materially affected, and the proposed
work does not fall under the provisions of special flood hazard areas as set forth in
City of Dublin Ordinance 42-87, the Building Official may waive the requirements for a
grading and drainage plan.
Section 12.5 Plats. Three copies of a topographic plat prepared and signed by a
licensed land surveyor or a registered civil engineer shall be submitted with the
application for a permit for any new building or structure or building proposed to be
moved.
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The .Building Official may waive the requirements for such a plat for minor buildings~
structures on parcels containing substantial existing development or where a plat ha
been previously submitted for a permit and where there have been no substantial chang.
in the evaluations of the finished grade.
The plat shall show the location of all above ground structures, retaining walls,
fences, poles, transformers, overhead power and communication lines, wells, fire
hydrants, drainage inlets, culverts, curbs, gutters, sidewalks and waterways. The plat
shall also show the known or reported location of underground structures, such as
underground storm drains, water, sewer, gas, power and communications lines, septic
tanks and drainage fields.
The plat shall be drawn to a scale and shall show contours at intervals of 1' or less on
slopes up to 3 percent and not more than 5' when more than 3 percent. Contours shall
extend to the center of the street if not improved with curbs and gutters, and need
extend only to the gutter when improved with curbs and gutters.
Plat of the entire parcel shall not be required for parcels exceeding one acre located
in a R-1 or A District, however, the following shall be provided:
1. Contours within 100 feet of any proposed building.
2. Contours or a profile of any existing or proposed access driveway. The Building
Official may waive this requirement when the applicant can otherwise demonstrate
that the access driveway is in conformance to Section 7701 for width alignmen~
and grade and any cut or fill slopes in connection with the construction of the
access driveway are in conformance with Section 7701. ~
A topographic plat is not required on any lot shown on any subdivision tract map if such
tract map was filed within five (5) years prior to the application for a permit.
The Building Official may require a plat of a property line survey where the exact
location of the property line is necessary for the enforcement of any of the provisions
of this Ordinance. If, after the issuance of a permit, a question arises as to the
exact location of the property line, the Building Official may require a property line
survey. Wherever a property line survey has been made, the property line shall be
located by appropriate stakes or monuments and three copies of a plat of the survey
shall be filed with the Building Official.
Nothing contained herein shall be construed as to relieving the land surveyor or civil
engineer from complying with the provisions of the Land Surveyor's Act, Business and
Professions Code, beginning with Section 8700.
Section 12.6 Issuance of Permit. If it appears upon examination of the application,
plans, specifications, and other information furnished by the applicant that the
proposed work will conform to the provisions of this Ordinance and any other applicable
laws, ordinances, rules and regulations, and upon payment of the prescribed fees; the
Building Official shall issue a permit to the applicant.
When the Building Official issues a permit, he shall affix an official stamp of approval
on two sets of plans and specifications. One set of plans and specifications shall be
retained by the City and the other set of plans and specifications shall be kept on~
site of the construction or work. The approved plans shall not be changed without
approval of the Building Official. All work authorized by the permit shall be done i~
accordance with the approved plans.
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Permits are mot transferable.
The set of plans and specifications retained by the City at the time of issuance of the
permit shall be retained by the Building Official for a period not less than 90 days
from the date of the completion of the work covered therein, except that this provision
shall not apply to plans and specifications required to be required to be retained by
Section.19850 of the Health and Safety Code of the State of California.
Section 12.7 To WhOm Permits may be Issued. Permits may be issued to any person not
acting in violation of Chapter 7, Divison 3, of the Business and Professions Code of the
State of California (Contractor's License Law).
Section 12.8 Responsibility. It shall be the responsibility of the holder of a permit
to assure that all work authorized thereunder is done in accordance with the provisions
of this Ordinance and any other law, ordinance, rule or regulations, and to call for and
make arrangement for the inspection of the work. If after inspection by the Building
Official, correction of work completed is necessary, the holder of the permit shall be
responsible for such correction.
Section 12.9 Validity. The issuance of a permit or approval of plans and
specifications shall not be construed to be a permit for, or an approval of, any
violation of any of the provisions of this Ordinance or any other applicable laws,
ordinances, rules or regulations; and any permit or document purporting to give
authority to violate this Ordinance, or any other law, ordinance, rule or regulation
shall not be valid except insofar as the work or use which it authorizes is lawful.
The issuance of a permit based upon plans and specifications shall not prevent the
Building Official from thereafter requiring the correction of errors in said plans and
specifications or from preventing work being carried on thereunder in violation of this
Ordinance, or any other applicable law, ordinance, rule or regulation.
Section 12.10 Expiration.
(a) Permits. Permits issued pursuant to this Chapter having a valuation of less
than one million dollars shall expire one year from the date of issuance; and permits
having a valuation of over one million dollars shall expire in two years from the
date of issuance.
Exception: Whenever a permit is issued to correct a violation of this Ordinance,
or any other law, ordinance, rule or regulation, or to rehabilitate, repair, or
demolish a dangerous, substandard, illegal, unsafe or unsanitary building or
structure, electrical, plumbing or mechanical installation, or to otherwise abate a
nuisance, the Building Official shall establish a reasonable time for the completion
of the work.
Where permits for more than one building on the same site or subdivision are issued
to the same applicant, the total valuation of all the permits shall be used for
determining when the permits expire.
(b) Applications. Every application for a permit shall expire 6 months after the
application and accompanying plans and specifications have been checked.
Plans and specifications accompanying an expired application may be destroyed ten
(10) days from the date of mailing the applicant notice of intention to destroy said
plans and specifications.
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Extensions. One extension of the expiration date of any permit may be allowed~r
good cause upon written application therefor prior to the expirations date. Requ
for extensions shall indicate the necessary time to complete the application or w°
and the reasons therefor.
Where work authorized by any.permit has not commenced, extensions shall not be
allowed if there has been revisions to any applicable law, ordinance, rule or
regulations which would otherwise prohibit the proposed construction. Where work
authorized by any permit has commenced any extension shall also require all work to
conform to any applicable law, ordinance, rule, or regulation in effect at the time
of the extension.
In requiring compliance with new laws, ordinances, rules or regulations, the Building
Official shall consider the practical difficulties in making changes to existing
construction and may allow work completed to remain without changes. The Building
Official may also allow uncompleted work to proceed in accordance with the original
approved plans.
An extension may be allowed for an application for a permit, but the work shall
comply with applicable laws, ordinances, rules and regulations in effect at the time
of issuance of the permit.
In allowing an extension additional fees may be imposed to cover any additional costs
incurred by the City because of the extension.
Section 12.11 Authority to Not issue a Permit. The Buiding Official may refuse to
issue any permit where it cannot be demonstrated that: ~%
1. The hazards of land slippage, erosion or settlement will be eliminated.
2. The proposed work will not be located on a trace of an active fault.
3. The proposed work will conform to Ordinance No. 42-87 or Ordinance No. 52-87.
4. The placement of existing fills has not been subject to continuous inspection by
a special inspector as required by Section 2905.
5. The private water supply required by Section 1001 of the Plumbing Code will
conform to Chapter 10 of the Plumbing Code.
6. The private sewage disposal system required by Section 1101 of the Plumbing Code
will conform to Chapter 11 of the Plumbing Code.
7. Whenever a licensed contractor has failed to make corrections as specified in
Section 12.14.
Section 12.12 Suspension or Revocation. The Building Official may, in writing, suspend
or revoke a permit issued under the provisions of this Chapter whenever the permit has
been issued in error, or on the basis of incorrect information supplied, or in violation
of this Ordinance, rule or regulation.
Section 12.13 Fees.
(a) General. The provisions of this Section apply to fees collected by the Building
Official.
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The City Council shall, by resolution, adopt a schedule of fees for permits,
reinspections, code compliance surveys, moved building inspections, plan and
specification storage fee, additional plan checking, hourly rates for inspection
services not covered by specific fees, and fees authorized by the Alquist-Priolo
Geologic Hazards Zones Act.
Prior to the issuance of any permit required by this Chapter, the applicant shall pay
the fees as established by resolution of the City. Council.
Where work for which a permit is required by this Chapter is started or proceeds
prior to obtaining said permit, the permit fee shall be, as a minimum, doubled and
may be increased up to three times the original amount depending on the circumstances
of violation. The payment of such penalty fee shall not relieve any person from
fully complying with all of the provisions of this Ordinance.
The payment of a penalty fee shall not be required where the work was done two years
before the date it has been determined that the work was done without a permit. A
penalty fee shall not be required when the work was done or caused to be done by a
previous owner of the property.
The determination of value or valuation under any of the provisions of this Ordinance
shall be made by the Building Official. The value to be used in computing the
building permit and permit processing fees shall be the total value of all
construction work for which the permit is issued as well as all finish work,
painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-
extinguishing systems and any other permanent equipment at the time the permit is
issued.
(b) Permit Processing Fee. Each application for a permit shall be accompanied by a
fee equal to 40% of the total permit fee rounded off to the nearest dollar. The
permit processing fee shall be credited toward the total permit fee required. After
permit processing has commenced, no portion of the permit processing fee shall be
refundable.
(c)
Refunds. Sixty (60) percent of any permit fee may be refunded to the applicant
prior to the expiration of the permit provided that the work authorized under the
permit has not commenced. Thirty (30) percent of the permit fee may be refunded to
the applicant after a permit has expired provided that the work has not commenced,
but in no case shall any refund be allowed after one year from the date of expiration
of the permit. Requests for refund shall be in writing. Any expenses incurred by
the City other than the permit processing fee may be deducted from the refund.
If there was an error in calculating the amount of the permit fee and such error
resulted in overpayment of the permit fee, the amount of overpayment may be refunded.
(d)
Fees for Partially Completed Work. Where permits expire for failure to complete
the work within the required time and a new permit is subsequently issued for the
completion of the work within a year after the expiration of the permit, the fee
shall be as follows; however, in no case shall the fee be less than $20.00.
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Completed Inspections
% of Original
Permit Fee
1. If no inspections have been made 30
2. If a foundation inspection has been made 27
3. If the underground inspections have been made 24
4. If the underfloor frame inspection has been made 21
5. If the rough electric, rough plumbing, and rough mechanical 18
inspections all have been made
6. If the frame inspection has been made 15
7. If the exterior lath inspection has been made 12
8. If the insulation inspection has been made 9
9. If the wallboard inspection has been made 6
The fee determined by the foregoing shall be rounded to the nearest dollar.
The foregoing 'is intended to apply to conventional wood-frame construction and is
based on the number of inspections 'remaining to be made. Where the work is not
conventional wood-frame construction, or does not constitute a complete building, or
is a structure other than a building; the Building Official shall establish the fee
based upon the number of inspections remaining to be made. The fee so established
shall not exceed 30% or be less than 6%; however, in no case shall the fee be less
and $20.00.
Where a new permit 'is applied for more than one year after the expiration of the
permit, the fee shall be based on the valuation of the work remaining to be done.~
The valuation shall be determined by the Building Official based on the cost to
complete the work (not on the original valuation assigned to the permit) and the fe=s
shall be based upon the fee schedule in effect at the time of the issuance of the new
permit.
(e) Additional fees for Changes. After a permit has been issued, minor changes or
additions may be allowed under any permit when approved by the Building Offical.
However, additional fees shall be required when the permit fee calculated for both
the original work and the work in the proposed change exceeds the original permit fee
by ten (10) percent. The additional fee shall be the difference between the original
fee and the new fee.
Any change in use or in the number of guest rooms or dwelling units shall require the
submission of a new application and the payment of an additional fee.
Any change which does not increase the amount of the original permit fee by 10
percent but requires additional plan checking shall require the payment of a plan
checking fee.
No refund shall be allowed for changes which would decrease the amount of the permit
fee.
(f) Reinspections. Where an inspection is made and corrections are required and said
corrections require more than one reinspection, or where an inspection has been
called for and the work to be inspected is not ready for inspection, or where the~
approved plans and specifications are not on the job, a reinspection fee shall be
paid prior to making the reinspection.
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(g) Code Compliance Survey. The owner of any property on payment of the required fee
may request an inspection to determine if a building, structure or installation is in
compliance with this Ordinance and the City of Dublin Zoning Ordinance.
(h) Moved Building Inspection Fee. Prior to application for permits to move a
building, structure, electrical, plumbing or mechanical installation, a moved
building inspection shall be required.
(i) Plan and Specification Storage Fee. A plan and specification storage fee shall be
paid at the time of issuance of a permit for buildings; the plans and specifications
of which are required to be maintained by Section 19852, Health and Safety Code of
the State of California.
(j) Fees for Additional Plan GheckinK. A rechecking fee shall be paid prior to
performing additional plan checking or prior to approval of the plans where
incomplete plans and specifications are submitted for checking and complete
rechecking is required, or where corrections are not completely or correctly made and
additional plan checking is required, or where changes are made to the plans and
specifications which require additional plan checking.
(k) Other Inspection Services. The fee for other inspection services provided by the
City for which no specific fee is established shall be at an hourly rate.
Section 12.14 Inspections.
(a)
General. All construction or work for which a permit is required shall be subject
to inspection by the Building Official and certain types of construction shall have
continuous inspection by special inspectors, as specified in Section 12.15.
(b)
Approvals Required. Nowork shall be done on any part of the building or
structure, electrical, plumbing or mechanical installation beyond the point indicated
in each successive inspection without first obtaining the written approval of the
Building Official. Such written approval shall only be given after an inspection
shall have been made of each previous step in the construction. Written approvals
may be indicated on an inspection record card which is provided for that purpose.
Ail tests required by this Chapter shall be conducted in the presence of the Building
Official. If the work will not pass the test, necessary corrections shall be made
and the work shall be retested.
If the work inspected does not ~omply with this Ordinance or any other law,
ordinance, rule or regulation, written notice shall be given indicating the nature of
the violation. Such notice may be delivered to the permittee, or the person in
apparent control of the work on the site, or may be posted in a conspicuous place on
the site. Refusal, failure or neglect to comply with such notice within ten (10)
days shall be considered a violation of this Ordinance and any other law, ordinance,
rule or regulation.
Whenever a licensed contractor has failed to make corrections in the time specified
the Building Official may refuse to issue permits for any other work to be performed
at any location within the City of Dublin until all necessary corrections have been
made.
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(c) Covering or Using. No work shall be covered, concealed, or put to use until i~
has been tested, inspected, and approved as prescribed by this Ordinance and any
other law, ordinance, rule or regulation. Any such work which has been covered or
concealed before being inspected, tested and approved shall be uncovered for
inspection after notice to uncover has been given by the Building Official.
(d) Called Inspections. The permittee or his agent shall notify the Building Official
when construction work is ready and make the necessary arrangment for Inspection of
the work for each of the following inspections:
.
Underground: When the excavation for any underground gas, water, sewage, steam,
electrical lines, cables or conduits, or any ventilating ducts, septic tanks or
fuel tanks or drainage fields, which have been completed and all such lines,
cables, conduits or ducts and tanks are in place and are ready for any required
tests, but before backfilling.
.
Foundation' When the excavation for foundations is completed and forms and
required reinforcing steel are in place but before any concrete is placed.
,
Drainage for Retaining Walls' When any required drainage facility is in place
but before backfilling.
Underfloor' When all gas, water, steam, sewage, electrical, lines, cables or
conduits, or any ventilating ducts are in place and ready for any required tests
but before any concrete, wood, or steel flooring is placed.
,
Underfloor Framing' When all the underfloor framing, bracing, and supports
in place and when all underfloor, electrical, plumbing, and mechanical work
in place but before any flooring is installed.
,
Rough: When the roof, walls, floors, framing, bracing and supports are in place
and all gas, water, drainage, and vent piping; all electrical cable, conduit,
panels, outlets, junction boxes and wiring; all ventilating ducts equipment,
vents and flues are in place and ready for any required tests but before any
such work is covered or concealed.
.
Shearwall or Diaphragm' When shear walls or diaphragms are installed and nailed
or otherwise fastened to the structural framework and all hold downs, drag ties,
chord splices and anchor bolts are in place, but before any of the foregoing is
covered or concealed.
,
Wood Frame' When all roof, wall, floor, framing, bracing, blocking, and
chimneys are in place and all electrical, plumbing and mechanical work is in
place but before any such work is covered or concealed.
.
Reinforced Concrete' When forms and reinforcing steel, sleeves, and inserts,
and all electrical, plumbing, and mechanical work is in place but before any
concrete is placed.
10. Structural Steel: When all structural steel members are in place and all
connections are complete but before such work is covered or concealed.
11. Reinforced Masonry: In'grouted brick masonry when the vertical steel is in ~
place and other reinforcing steel, bolts, anchors, and inserts are distribu~eu
and ready for placing, but before any units are laid up. In grouted hollow unit
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masonry when the units are laid up, and any reinforcing steel, bolts, anchors,
and'inserts are in place and when required cleanouts are installed but prior to
placing any grout.
12. Insulation: When all insulation, is in place but before the insulation is
covered.
13. Lath: When all backing and lathing, interior and exterior, is in place but
before any plaster is applied.
14. Wallboard: When all wallboard is in place but before joints and fasteners are
taped and finished.
15. Suspended Ceilings: When the hangers, lighting fixtures, air diffusers, fire
dampers, protective boxes, and the runners and supporting members are in place
but before the ceiling is installed.
16. Fire Dampers: When the fire dampers are installed in the openings to be
protected but before the ducts are connected.
(e)
17. Final: When all construction work including electrical, plumbing and mechanical
work, exterior finish grading, required paving, and required landscaping is
completed and the building, structure or installation is ready to be occupied or
used but before being occupied or used.
Other Inspections. In addition to the foregoing called inspections, the Building
Official may make or require any other inspection of any construction work to
ascertain compliance with the provisions of this Ordinance and any other law,
ordinance, rule or regulation.
Section 12.15 ~pecial Inspections. In addition to the inspection required to be made
pursuant to Section 12.14, the owner shall employ a special inspector who shall be
present at all times during construction of the following work:
1. 'During the placing of reinforced concrete and taking of test specimens when the
structural design is based on an f'c in excess of 2,500 pounds per square inch.
2. Nonstructural slabs on grade, including prestressed slabs on grade when
effective prestress in concrete is less than i50 pounds per square inch.
3. Site work concrete full-supported on earth and concrete where no special hazard
exists.
4. Ductile moment-resisting concrete frame. 'As required by Section 2625(j) of the
building code.
5. Reinforcing steel and prestressing steel:
A. During all stressing and grouting of prestressed concrete.
B. Checking reinforcing steel after it has been placed for all concrete
required to have special inspection by Item No. 1.
C. Checking of tendons and prestressing steel after it has been placed for
prestressed or post tensioned concrete.
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6. Welding: ~
A. Ductile moment-resisting steel frames. As required by Section 2722(f) of
the building code.
B. All structural welding, including welding of reinforcing steel.
Exception:
1. When welding is done in an approved fabricator's shop.
2. When approved by the Building Official, single-pass fillet welds when
stressed to less than fifty (50) percent of allowable stresses.
7. High Strength Bolting. During all bolt installations and tightening operations.
Exception: 1. The special inspector need not be present during the entire
installation and tightening operation, provided he has: i) Inspected the
surfaces and bolt type for conformance to plans and specifications prior to
start of bolting, ii) and will, upon completion of all bolting, verify the
minimum specified bolt tension for 10 percent of the bolts for each
connection with a minimum of two bolts per connection.
2. In bearing-type connections when threads are not required by design to
be excluded from the shear plane, inspection prior to or during
installation will not be required.
8. Structural Masonry: During preparation of masonry wall prisms, sampling and
placing of all masonry units, placement of reinforcement, inspection of grout
space, immediately prior to closing of cleanouts and during all grouting
operations.
Exception: Special inspection will not be required for structures designed
in accordance with the values in appropriate tables for noncontinuous
inspection.
9. Reinforced Gypsum Concrete: When cast-in-place Class "B" gypsum concrete is
being mixed and placed.
10. Insulating Concrete Fill: During the application of insulating concrete fill
when used as part of a structural system.
11. Applying Spray on Fire Roofing.
12. Pile DriVing.
13. Shotcrete: During the taking of test specimens and placing of all shotcrete and
as required by Section 2621(j) and (k).
Exception: Shotcrete work fully supported on earth, minor repairs and when,
in opinion of the building official, no special hazard exists.
14. Preparation of the site for the placement of fills, and installation of
subsurface drainage facilities, and the placement of fill as required by Sect~ .~
2903 of the Building Code.
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15. When required by the Building Official for special construction or work
involving unusual hazards, new construction methods, special testing, or which
requires constant inspection.
Prior to the issuance of a permit, the owner shall submit a complete description of the
testing and inspection program for approval by the Buiiding Official.
The special inspector shall be a qualified person who has demonstrated his competence to
the satisfaction of the Building Official for inspection of the particular type of
construction or operation requiring special inspection. Documentary evidence of such
competence shall be submitted to the Building Official for approval.
Inspection and testing agencies performing special inspection for concrete and steel
work shall conform to the requirements of ASTM E329 (Recommended Practice for Inspection
and Testing Agencies for Concrete and Steels as Used in Construction).
The special inspector shall file a report that from personal knowledge the work
performed during the period covered by the report has been performed and that the
materials used and installed are in accordance with the plans and specifications. The
term "personal knowledge" means the actual detailed knowledge acquired by the special
inspector duringhis personal continuing observation of construction work at the
construction site in all stages of progress.
Whenever the special inspector is aware that work that does not-comply with this
ordinance is proceeding the inspector shall immediately notify the Building Official.
The special inspector or testing agency shall immediately notify the Building Official
when materials tested do not meet the strength specified.
Section 12.16 Moved Buildings, Structures, Installations or Systems. Notwithstanding
the provisons of Section 11.8, all existing buildings or structures, including all
electrical, plumbing or mechanical installations, and all existing electrical, plumbing
and mechanical installations which are moved into or within the City of Dublin shall
comply with all the requirments of this Ordinance for new buildings, structures, or
installation. Moved apartment houses and dwellings may retain existing materials and
methods of construction. However, this Section shall not be interpreted to permit the
moved apartment house or dwelling to become or continue to be a dangerous building as
defined in Section 11.4 or a substandard building as defined in Section 11.5.
Prior to issuance of a permit to move any building, structure, electrical, plumbing or
mechanical installation into or within the City of Dublin, the Building Official shall
inspect the building, structure, electrical, plumbing or mechanical installation
proposed to be moved for conformance to this Ordinance and any other law, ordinance,
rule or regulation. The Building Official may require the applicant to remove all or a
portion of the wall or ceiling and any other material to inspect concealed portions of
the building, structure, electrical, plumbing or mechanical installation proposed to be
moved. If after inspection of the building, structure, electrical, plumbing or
mechanical installation proposed to be moved the Building Official determines that it is
not practical to alter the building, structure, electrical, plumbing or mechanical
installation so that it will be in conformance with the foregoing provisions, he may
deny the application for a permit. The Building Official shall notify the applicant in
writing, stating the reason for such denial.
After the building has been moved it shall be placed upon a new foundation as soon as
practical but not later than 120 days from the time the building was moved to the site.
If after 120 days the building has not been placed on the foundation, said building
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shall be deemed to be a public nuisance and may be abated in accordance with the
procedures specified in Chapter 7 of this Ordinance or by any other remedy available
law.
Section 12.17 Occupancy.
(a) General. No building, structure, electrical, plumbing or mechanical installation
or portion thereof shall be occupied or used unless the Building Official has made
final inspections and approved the work regulated by this ordinance and all work
required by other City departments or other agencies has been inspected and approved
by said department or agency.
(b) Approval to Connect Utilities. No person, firm or corporation shall supply water,
electrical energy, or fuel gas to any building, structure, electrical, plumbing or
mechanical installation until the building, structure, electrical, plumbing or
mechanical installation has been inspected and approved by the Building Official.
The Building Official may withold approval to supply water, electrical energy, or
fuel gas to any building, structure, electrical, plumbing or mechanical installation
until there is full compliance with the provisions of this ordinance or compliance
with laws ordinances, rules or regulations enforced by other agencies concerned with
the construction of said building, structure, electrical, plumbing or mechanical
installation.
(c) Temporary or Partial Occupancy. The Building Official may authorize the use or
occupancy of all or portions of a building, structure, electrical, plumbing or
mechanical installation prior to completion of the entire building, structure,
electrical, plumbing or mechanical provided that the work completed has been ~
inspected and approved and that no hazard would result by such use or occupancy.
Building Official in granting such authorization may impose any reasonable condition,s
as may be necessary to protect life health, and property. Such authorization may
include a time limit and may be revoked for violation of conditions and shall expire
in the time specified. The Building Official may order any person, firm or
corporation supplying water, electrical energy, or fuel gas to discontinue supplying
water, electrical energy, or fuel gas when authorization to use or occupy pursuant to
this section has been revoked.
(d) Withhold Approval to Occupancy. The Building Official may withhold approval to
occupy or use any building, structure, electrical, plumbing or mechanical
institutions until all fees charged by the City for any zoning application,
development approval, inspection fee or any other fee has been paid. In the case of
a subdivision this provision shall apply to all buildings or structures located
within said subdivision.
The Building Official may withhold approval to occupy or use any building structure,
electrical, plumbing or mechanical installations until all development improvements
including offsite improvements have.been completed and approved by other City
departments or any other agency concerned with said improvements.
Article 3 - Definitions
Section 13.0
Section 13.1
Section 13.2
Section 13.3
Section 13.4
Section 13.5
Applicability
Building Official
Electrical Installation
Health Officer
Mechanical Installation
Plumbing Installation
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Section 13.6 This Ordinance
Section 13.0 Applicability. For the purpose of this Ordinance, certain words and
phrases are defined and shall be construed as set out in this Article.
Section 13.1 ~uilding Official. The Building Official is the officer charged with the
administration and enforcement of this Ordinance or his authorized representative.
Section 13.2 Electrical Installation. Electrical installation is any electrical
wiring, appliance, device, equipment, and apparatus used for or in connection with the
transmission or use of electrical energy for light, heat, power, ratio, signaling
communication or for any other purpose.
Section 13.3 Health Officer. The Health Officer is the Alameda County Health Officer
or his authorized representative.
Section 13.4 Mechanical Installation. Mechanical installation is any appliance,
device, equipment, system or apparatus used for or in connection with heating,
ventilating, refrigeration or incineration.
Section 13.5 PlumbinK Installation. Plumbing installation is the use of water, all
potable water supply and distribution pipes, all fixtures and traps, all drainage and
vent pipes and all building drains, all private sewage disposal systems, including their
respective joints and connections, devices, receptables and appurtenances within
property lines of the premises and shall include potable water piping, potable water
treating or using equipment, fuel gas piping, water heaters and vents for same.
Section 13.6 This Ordinance. Whenever the term this Ordinance is used, it shall also
mean the codes adopted by this Ordinance.
CHAPTER 2-BUILDING CODE
Article 1 - Title and Scope
Article 2 - Exclusions and Modifications
Article 1 - Title and Scope
Section 21.0
Section 21.1
Section 21.2
Section 21.3
Section 21.4
Section 21.5
Title
Purpose
A~option
Scope
Exceptions
Additions, Alterations, Repairs
Section 21.0 Title. The Uniform Building Code adopted by Section 21.2 of this
Ordinance and the provisions of this Chapter is the City of Dublin Building Code and may
be cited as such, and will be referred to in the Uniform Building Code and in this
Chapter as "this Code."
Section 21.1 Purpose. The promotion and preservation of the public healthy, safety,
and general welfare of the people of the City of Dublin and the property situated
therein have made necessary the adoption of the Building Code referred to in Section
21.2 in order to adequately safeguard life, health, property and general welfare.
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The purpose of this code is not to create or otherwise establish or designate any ~
particular class or groups of persons who will or should be especially protected or
benefited by the terms of this code. '
Section 21.2 Adoption. Certain documents, a copy of .which is on file in the office of
the City Clerk of the City of Dublin, being marked as "Uniform Building Code 1988
Edition" and "UniformBuilding Code Standards 1988 Edition" published by the
International Conference of Building Officials is hereby adopted by reference as the
Building Code of the City of Dublin pursuant to the provision of Section 50022.1 et.
seq. of the Government Code of the State of California except as hereinafter modified in
Article 2 of this Chapter.
Section 21.3 Scope. The provisions of this code shall apply to the installation,
erection, construction, enlargement, addition to, alteration, repair, moving, removal,
demolition, conversion, occupancy, equipping, use, and maintenance of any building or
structure within the City of Dublin.
The permissive provision of this Code shall not be presumed to waive any limitations
imposed by any other law, ordinance, rule or regulation. If two or more pertinent
limitations are not identical, those limitations shall prevail which provide greater
safety to life, health, property or public welfare.
Buildings shall be made accessible to the physically handicapped as required by Title 24
California Code of Regulation. WheneVer there is a conflict between any of the
provisions of this code and Title 24, the provisions of Title 24 shall prevail.
Section 21.4 Exceptions. The provisions of this Code shall not apply to:
1. Work located in a public street.
2. Trailer coaches, campers, mobile homes, motor vehicles, railroad cars, and
aircraft; however, if any of the foregoing are permanently placed on the ground
or have their wheels removed for other than temporary repairs, they shall comply
with all of the provisions of this Code.
3. Houseboats or other watercraft; however, if any of the foregoing are stored out
of the water and are used for any purpose whatsoever, they shall comply with all
of the provisions of this Code.
4. Towers or poles supporting communication lines or power transmission lines.
5. Dams, flood control and drainage structures.
6. Portable amusement devices and structures, including merry-go-rounds, ferris
wheels, rotating conveyances, slides, similar devices, and portable accessory
structures whose use is necessary for the operation of such amusement devices
and structures but not including any storage building or detached structure
which is not an integral part of the device.
Section 21.5 Additions, Alterations, and Repairs.
(a) General. Buildings or structures to which additions, alterations, or repairs are
made shall comply with all the requirements of this Code for new buildings or ,~..
structures except as specifically provided for in this section.
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Additions, Alterations~ or Repairs. Additions, alterations or repairs may be made
to any building or structure.withOut requiring the existing building or structure to
comply with all the requirements of this Code, provided the addition, alteration or
repair conforms to that required for a new building or structure. Additions or
alterations shall not be made to an existing building or structure which will cause
the existing building or structure to be in violation of any of the provisions of
this code nor shall such additions or alterations cause the existing building or
structure to become unsafe. An unsafe condition shall be deemed to have been created
if an addition or alteration will cause the existing building or structure to become
structurally unsafe or overloaded; will not provide adequate egress in compliance
with the provisions of this code or will obstruct existing exits; will create a fire
hazard; will reduce required fire resistance or will otherwise create conditions
dangerous to human life. Any building so altered, which involves a change in use or
occupancy, shall not exceed the height, number of stories and area permitted for new
buildings. Any building plus new additions shall not exceed the height, number of
stories and area specified for new buildings. Additions or alterations shall not be
made to an existing building or structure when such existing building or structure is
not in full compliance with the provision of this code.
(c)
Special Provisions for Apartment Houses~ Hotels and Dwellings. The provisions of
Subsection (b) shall not prohibit the alteration or repair of any legally established
existing apartment house, hotel, dwelling or structure accessory thereto which
retains, replaces or extends the use of the original materials or continued use of
original methods of construction provided such alteration or repair does not create
or continue a dangerous building as defined in Section 11.4 of this Ordinance, a
substandard building as defined in Section 1001 of the Housing Code. However, such
alteration or repair shall not reduce any required fire resistance below that
specified by this Code, reduce the resistance to lateral forces below that specified
by this Code, or increase the stress or deflection of any member so as to exceed that
specified by this Code.
The provisions of Subsection (b) pertaining to additions shall not require any
legally'existing apartment house, hotel, dwelling, or structure accessory thereto to
be made to conform to the provisions of this Code solely because of the construction
of the addition. However, this Section shall not be construed to permit the addition
to increase the stress or deflection of any existing member so as to exceed that
specified by the Building Code. Whenever an addition increases the number of
occupants which must exit through the existing building all of the exit facilities
serving the increased number of. occupants shall comply with the provisions of this
Code. Whenever a new dwelling unit is created either by new construction, or by an
alteration to an existing building, separate gas and electrical meters shall be
provided.
(d) Special Provision for Additions to Apartment Houses, Hotels, and Dwellings.
Notwithstanding the provisions of Section 11.8 of this Ordinance whenever
alterations, repairs, or additions requiring a permit and having a valuation in
excess of $1,000.00 occur, or one or more sleeping rooms are added or created in
existing Group R, Division 3 Occupancies, the entire building shall be provided with
smoke detectors located as required for new Group R, Division 3 Occupancies. Further
more spark arrestors shall be installed on all chimneys connected to solid burning
fuel burning appliances.
(e) Repair of Roof Covering., Roof coverings may be repaired or replaced with
materials as set forth in Section 22.16.
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Article 2 - Exclusions and Modifications ~
Section 22.0 Part 1: Administration
Section 22.1 Section 502, Chapter 5, Part III: Change in Use
Section 22.2 Section 505(e) Chapter 5, Part III: Area Separation Walls
Section 22.3 Section 506, Chapter 5, Part III: Allowable Area Increases
Section 22.4 Section 1108, Chapter 11, Part III: SprinKs
Section 22.5 Section 2311(b)&(c) Chapter 23, Part VI: Wind Design
Section 22.6 Table 23A, Chapter 23, Part VI: Uniform & Concentrated Loads
Section 22.7 Section 2517(h)-7, Chapter 25, Part V: Roof Sheathing
Section 22.8 Section 2901, Chapter 29, Part VI: Scope
Section 22.9 Section 2903, Chapter 29, Part VI: Excavations and Fills
Section 22.10 Section 2903, Chapter 29, Part VI.: Foundation Investigation
Section 22.11 Section 2911, Chapter 29, Part VI: Drainage
Section 22.12 Section 3202(b) Chapter 32, Part VI: Fire Retardancy Where Required
Section 22.13 Section 3314, Chapter 33, Part VI: Exit Signs
Section 22.14 Section 3703, Chapter 37, Part VI: Chimneys General
Section 22.15 Section 3802~ Chapter 38, Part VI: Automatic Fire-Extinguishing
Systems
Section 22.16 Section 3803, Chapter 38, Part VI: Sprinkler System Alarms
Section 22.17 Section 4101, Chapter 41,..Part IV: Building Security
Section 22.18 Section 4306~ Chapter 43, Part VII: Fire Resistive Assemblies for
Protection of Openings
Section 22.19 Section 4401, Chapter 44, Part VIII: Protection
Section 22.20 Section 4402, Chapter 44, Part VIII: ~emporary Use of Streets &
Alleys
Section 22.21 Section 4403, Chapter 44, Part VIII: Storage on Public Property
Section 22.22 Section 4404, Chapter 44, Part VIII: Mixing Mortar on Public ~
Property
Section 22.23 Section 4405, Chapter 44, Part VIII: Protection of Utilities
Section 22.24 Section 4501, Chapter 45, Part VIII: General
Section 22.25 Section 4502, Chapter, 45, Part VIII: projection into Alleys
Section 22.26 Section 4503, Chapter 45, Part VIII: Space Below Sidewalks
Section 22.27 Section 4508, Chapter 45, Part VIII: SiKhs
Section 22.28 Section 4706(e), Chapter 47, Part VIII: Weather-Resistive Barriers
Section 22.29 Chapter 1, Appendix: Life Safety Requirements for Existing Buildings
Section 22.30 Chapter 32, Appendix: Reroofing
Section 22.31 Section 3501(a), Chapter 35, Appendix: Sound Transmission Control
Section 22.32 Chapter 53, Appendix: Energy Conservation in New Building
Construction
Section 22.33 Chapter 70, Appendix: Excavations and Gradin~
Section 22.0 Part 1: Administration. Part 1, including Chapters 1, 2, and 3 on pages
1 through 16 is deleted.
Section 22.1 Section 502, Chapter 5, Part III: Change InUse. Section 502 on page 32
is amended by deleting the third paragraph.
Section 22.2 Section 505(e) Chapter 5, Part III: Area Separation Walls. Section
505(e) on page 36 and 37 is amended by adding a new item 6 to read:
6. Area separation walls shall not be considered to create separate buildings for the
purpose of automatic fire-sprinkler system requirements as set forth in Chapter 38.
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.Exception: Buildings separated by continuous area separation walls of four-hour
fire-resistive construction without openings. Buildings required to have
automatic fire-sprinkler protection as set forth in Section 13113 of the Health
and Safety Code are prohibited from using area separation walls in lieu of
automatic fire-sprinkler protection.
Section'22.3 Section 506, Chapter 5, Part III: Allowable Area Increases. A new
Subsection (d) is added to Section 506 on pages 37 and 38 to read:
(d) Yard Restriction. The increase in area permitted by Subsections (a) and (b) of
this Section shall not be allowed unless or until the owner of the required yard
shall file an agreement binding such owner, his heirs, and assignees, to set aside
the required yard as unobstructed space having no improvements. Such agreement shall
be recorded in the Alameda County Recorder's Office.
Section 22.4 Section 1108, Chapter 11, Part III: Sprin~s. Section 1108 is added to
read'
(a) Extension Garage Door Springs. Every garage door spring installed in any garage or
carport which is accessory to an apartment house, hotel, motel or dwelling shall conform
to the following requirements:
1. Hard-drawn spring wire shall conform to ASTM Designation A 22-71, and shall be made
by the steel processes described therein, conforming to the chemical compositions
requirements listed and meeting the standards of steel-heat as set forth by the Ladle
Analysis. Wire tensile strength and dimension variations shall meet the prescribed
properties of established standards.
2. Oil-tempered wire shall conform to ASTM Designation A 229-71, and shall be made by
the steel processes described therein conforming to the chemical compositions
requirements listed and meeting the standards of steel heat as set forth by the Ladle
Analysis. Wire tensil strength and dimension variations shall meet the prescribed
properties of established standards.
3. Extension springs shall be fabricated from eilther hard drawn spring wire or oil-
tempered wire as required in Subsections (a) I and (a) 2 above.
(b) Design Standards. Minimum design standard shall,be 9,000 cycles. (One cycle is
equal to door opening plus door closing at maximum working load.)
(c) Certification. 1. Mill certification of wire physical tests and chemical
properties shall be kept on file by the spring manufacturer. 2. Physical cycling tests
shall be performed for each spring design and shall be certified by an approved testing
agency acceptable to the department and reports kept on file by the manufacturer. 3.
Containment devices shall be physically tested for each spring design by installing the
device on the spring and by destroying.the spring at maxi-mum recommended stretch.
Containment tests shall be certified by an approved testing agency acceptable to the
department and reports kept on file by the manufacturer.
(d) Containment Devices. Each spring shall be equipped with an approved device capable
of restraining the spring or any part thereof in the event it breaks.
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(e) Identification. Springs shall be permanently identified as to manufacturer and~%
also to indicate maximum recommended stretch. Both springs and containment devices
shall bear information stating that they have been manufactured in accordance with
requirements of the California Department of Housing and Community Development.
(f) Installation. Installation of springs, containment devices and hardware shall be
in accordance with the manufacturer's installation instructions. Instructions shall be
provided by the manufacturer and shall specify the approved method of restraint and
maximum recommended stretch. Unless otherwise permitted by the manufacturer's
installation instructions, the hardware and springs shall be mounted to nominal 2 by 6
framing members which shall be of a species identified as Group I or II in the Uniform
Building Code Standards, Table No. 25-17J.
Section 22.5 Section 2311(b)&(c) Chapter 23, Part VI: Wind Design
Section 2311(b & c) on page 138 is amended to read:
(b) Basic Wind Speed. Ail portions of the City of Dublin have a basic wind speed of
70 miles per hour.
(c) Exposure. Figure 23-4 is a map of the City of Dublin showing those portions of
the City which are located in Exposure B and and Exposure C. Any area annexed to the
City shall automatically be located in Exposure G.
Section 22.6 Table 23A, Chapter 23, Part VI: Uniform & Concentrated Loads. Table 23-A
on pages 160 and 161 are amended by adding a new Footnote 9 to read:
9. Bridges for vehicular traffic shall be designed for H20 loading as designate¢~
the American Association of State Highway Officials.
Section 22.7 Section 2517(h)-7, Chapter 25, Part V: Roof Sheathing on page 266 is
amended by amending the 1st paragraph to read:
Section 2517(h)-7 Roof Sheathing Roof sheathing shall be in accordance with Table 25-
S-1 & Table 25-S-2 for plywood, or Table 25-S-3 for particle board & Table 25-R-1 for
diagonal sheathing only.
Section 22.8 Section 2901, Chapter 29, Part VI' Scope. Section 2901 on page 593 is
amended to read:
Section 29.01 Scope. This chapter sets forth requirements governing grading drainage,
mitigation of geologic hazards, excavations and fills for any building or structure,
and for foundations and retaining structures.
Section 22.9 Section 2903, Chapter 29, Part VI: E~xcavations andFills. Section 2903
on pages 521 and~5~2~2--~are-~m~5~d~e~ to read:'-
Section 2903 Excavations and Fills.
(a) General. Excavations or fills for any building or structure and excavations or
fills accessory thereto shall be so constructed or protected so that they do
not endanger life or property.
(b) Gradin8 Permits. Grading permits are required for excavations and fills as'~ ~
forth in Ordinance No. 56-87.
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(c) Excavations. Where exempt from gr'ading permits, the slope of cut surfaces of
permanent excavations shall not be steeper than 2 horizontal to 1 vertical.
Existing footings or foundations which may be affected by any excavation shall
be underpinned or otherwise protected against settlement and shall be protected
against lateral movement.
(d) Fills. Where exempt from grading permits, slopes of permanent fills shall not
be steeper than 2 horizontal to 1 vertical.
The ground surface shall be prepared to receive fill by removing vegetation,
topsoil and other unsuitable material and where slopes are 5 horizontal to 1
vertical or steeper by benching into sound bedrock or other competent material.
(e) Existing Fill. Any fill which exceeds 5 feet in depth on slopes which exceed
ten (10) percent and all fills which will be used to support the foundation of
any building or structure which existed on August 1, 1974, and which was placed
in conformance with the Alameda County Ordinance 950 N.S. effective October 1,
1965, need not have continuous inspection. All other fills which exceed 5 feet
in depth on slopes which exceed ten (10) percent and all fills which will be
used to support the foundation of any building or structure, which existed on
August 1, 1974, shall be altered or completely removed and replaced with
continuous inspection by a special inspector.
Any fill placed after August 1, 1974 which exceeds 5 feet in depth on slopes
which exceed ten (10) percent or which will be used to support the foundation
of any building or structure without continuous inspection by a special
inspector, shall be altered or completely removed and replaced with continuous
inspection by a special inspector.
(f) Erosion Control. The faces of cut and fill slopes that are exempt from grading
permits shall be prepared and maintained to control against erosion. This
control may consist of effective planting. The protection of the slopes shall
be installed as soon as practicable and prior to calling for final inspection
and approval. Where cut slopes are not subject to erosion due to the erosion
resistant character of the materials, such protection may be omitted.
(g) Protection of Adjoining Property. The rights ofcoterminous owners shall be as
set forth in Section 832 of the Civil Code of the State of California.
Section 22.10 Section 2905~ Chapter 29, Part VI: Foundation Investigation. Section
2905 on pages 594 and 595 is amended to read:
Section 2905 Soil and Geologic Investigation.
(a)
When Required. A soil and/or geologic investigation shall be required in the
following circumstances.
1. For all A-I, A-2, A-2.1 and H Occupancies.
2. When the allowable soil pressure used in the design of the foundation
exceeds 2,000 psf.
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(b)
<c>
(d)
3. When the building is proposed to be supported in fill.
4. When the slope of the natural ground within 30 feet of any building or
structure exceeds twenty (20) percent and the slope is more than 10 feet
in height.
5. When a cut or a fill exceeding 5 feet in depth at any point either exists
or is proposed and the slope of the'natural ground within 30 feet of the
building or the cut or fill exceeds ten (10) percent and the slope is more
than 10 feet in height.
6. Where highly expansive or erodible soils are present unless it can be
demonstrated to the satisfaction of the Building Official that the
structure will not bear on such soils, or that the recommendations of a
soil engineer are suitable.
7. In any subdivision into five or more parcels as defined in Section 8-1.3
of the Alameda County Ordinance Code as adopted by the City of Dublin
which has been recorded after September 17, 1965. Where highly expansive
soils or other soil conditions are present within a subdivision, which if
not corrected would lead to structural defects, a soil and/or geologic
investigation report shall be required for each lot in the subdivision.
8. On a building site traversed or suspected to be traversed by a potentially
active fault.
9. In areas of known or suspected geological hazards, including landslide~
hazards and hazards from earthquake caused ground shaking.
10. When otherwise required by the Building Official due to proposed design of
the structure or due to topographical or geological conditions on the
building site.
Prior Reports. Ail soil and geologic reports prepared for a property, whether
for the proposed project or not, shall be submitted for a record of the
conditions observed on the property at various times.
Investigation. Those portions of the investigation that are civil engineering
as defined by Section 6734 of the Business and Professions Code of the State
of California shall be prepared by a soil engineer who is a civil engineer
registered by the State of California. Those portions of the investigation
that involve the practice of geology as defined by Section 7802 of the
Business and Professions Code of the State of California shall be prepared by
an engineering geologist registered and certified by the State of California.
The investigation shall be based on observation and tests of the materials
disclosed by borings or excavations made in appropriate locations. Additional
studies may be necessary to evaluate soil strength, the effect of moisture
variation on soil, bearing capacity, compressibility and expansiveness.
Reports. The soil and geologic investigation report shall contain all of the
information requirements set forth in Ordinance No. 56-87 as they may be ~
applicable to the particular site and any recommendations contained thereir~
shall be subject to the approval of the Building Official. .
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The site development and all buildings and structures shall be designed and
constructed in accordance with the recommendations contained in the soil and
geologic investigation reports.
(e) Final Report. Upon completion of rough grading work and prior to the approval
of the foundation for any proposed building o~ structure, a final grading
report as set forth in Ordinance No. 56-87 and as-built grading plan prepared
by a registered civil engineer including original ground surface elevations,
as-graded ground surface elevations, lot drainage and location of all surface
and subsurface drainage facilities.
Section 22.11 Section 2911, Chapter 29, Part VI: Drainage. A new Section 2910 is
added to read:
Section 2911 DrainaKe. Ail portions of any building site including vent shafts, courts,
passageways, areaways, and access driveways shall be graded and drained so that water
will not pond or accumulate on the surface of any building site. All portions of any
building site shall be drained in such a manner that it will not cause erosion or
endanger the stability of any cut or fill slope or any building or structure. ~en
surface drainage is discharged onto any adjoining property, it shall be discharged in
such a manner that it will not cause erosion or endanger any cut or fill slope or any
building or structure.
Section 22.12 Section 3202(b), Chapter 32, Part VI: Fire Retardancy Where Required. on
page 614 is amended to read:
Section 3203(b)'Roof Coverin~ Requirements.
1. Map of Fire Safe Roof areas. Figure 32-1 is a map of F~re Safe Roof areas.
Said map may be amended from time to time by including areas which are annexed
to the City within one of the three roofing areas. Said amendments may be made
by the Building Official after consultation, with the Chief of the Dougherty
Regional Fire Authority.
2. Roofing Area 1. Any new roof and any alteration, repair or replacement for
buildings housing R & M occupancies in Roofing Area 1 shall use roof covering
material that conforms to Class B or better when tested in accordance with UBC
Standard 32-7, or shall be made of concrete, ferrous or copper metal, clay,
slate or similar non-combustible material.
3. Roofing Area 2. Any new r6of for buildings housing R or M occupancies shall in
Roofing Area 2 use roof covering material that conforms to Class C or better
when tested in accordance with UBC Standard 32-7, or shall be made of concrete,
ferrous or copper metal~ clay, slate or similar non-combustible material.
Any roof covering alteration including replacement'or repair made within a 12
month period which:
A. Does not exceed 25% of the projected area of the existing roof may use
material similar to the existing roof covering material.
B. Exceeds 25%, but does not exceed 50% of the projected area of the existing
roof shall use roof covering materials as required for new roofs.
C. Exceeds 50% of the projected area of the existing roof, the entire existing
roof shall be replaced with materials as required for new roofs.
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4. Roofing Area 3. Any new roof for buildings housing R & M occupancies in Roo.f~g~_~
Area 3 shall use roof covering material that conforms to Class C or better w
tested in accordance with UBG Standard 3207, or shall be made of concrete,
ferrous or copper metal, clay, slate or other similar non-combustible material.
Any alterations, including replacement or repairs may be material similar to the
existing roof covering material, but may not use materials having a lessor fire
retardancy.
5. Other Occupancies. Any new roof covering and any alterations, repairs or
replacement of roof covering material for buildings housing all other
occupancies shall conform to the requirements as set forth in Roofing Area 1.
6. Other Provisions. Skylights shall be constructed as required in Chapter 34.
Penthouses shall be constructed as required in Chapter 36. For use of plastics
in roofs, see Chapter 52. For solar energy collectors located above or upon a
roof See Section 1714.
Section 22.13 Section 3314, Chapter 33, Part VI- Exit Signs. Section 3314 on pages
652 & 653 is amended by new subsections (e) and (f) to read:
(e) Lowel-Level Exit Signs. Where exit signs are required by Section 3314(a), approved
and listed internally, externally or self-illuminated low-level exit signs complying
with Section 3314 shall be required.
The bottom of the sign shall be not less than 6 inches nor more than 8 inches above
the floor level. For exit way doors, the sign shall be on the door with the closest
edge of the sign within 4 inches of the door frame or adjacent to the door. Such~
signs shall be of a type which is perceptible to the sense of touch.
(f) Low-level Exit Path Marking. Where exit signs are required by Section 3314(a), all
exit corridors shall be provided with continuous low-level exit path marking.
Approved and listed internally or self-illuminated marking shall be installed at
floor level or no higher than 8 inches above the floor level. Such marking shall be
of a type which is perceptible to the sense of touch.
Section 22.14 Section 3703, Chapter 37~ Part VI: Chimneys General. Section 3703 on
page 671 is amended by adding a new subsection (h) to read:
(h) Spark Arrester. Ail chimneys-attached to any appliance or fireplace that burns
solid fuel shall be equipped with an approved spark arrester. The net free area of the
spark arrester shall be not less than four times the net free area of the outlet of the
chimney. The spark arrester screen shall have heat and corrosion resistance equivalent
to 12-gauge wire, 10-gauge galvanized wire or 24-gauge stainless steel. Openings shall
not permit the passage of spheres having a diameter larger_ than 1/2 inch and shall not
block the passage of spheres having a diameter of less than 3/8 inch.
When alterations, repair or additions requiring a permit and having a valuation in
excess of $1,000.00 occur in an existing building that has a chimney attached to any
appliance, fireplace or incinerator that burns solid or liquid fuel and said chimney
does not have a spark arrestor, a spark arrestor shall be installed.
Section 22.15 Section 3802~ Chapter 38, Part VI: Automatic Fire-Extinguishing Syste~
on pages 681, 682 and 683 is amended to read:
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Section 3802 Automatic Fire-Extinguishing Systems.
(a) Where Required. An automatic fire-extinguishing system shall be installed in the
occupancies and locations as set forth in this section. For Special provisions on
hazardous chemicals and magnesium, and calcium carbide, see the Fire Code.
(b) Ail Occupancies Except Group R, Division 3 and Group M. Except for Group R,
Division 3 and Group M Occupancies, an automatic sprinkler system shall be installed:
1. In every story or basement of all buildings when the floor area exceeds 1500
square feet and there is not provided at least 20 square feet of opening
entirely above the adjoining ground level in each 50 lineal feet or fraction
thereof of exterior wall in the story or basement on at least one side of the
building. Openings shall have a minimum dimension of not less than 30 inches.
Such openings shall be accessible to the fire department from the exterior and
shall not be obstructed in a manner that fire fighting or rescue cannot be
accomplished from the exterior.
When openings in a story are provided on only one side and the opposite wall of
such story is more than 75 feet from such openings, the story shall be provided
with an approved automatic sprinkler system, or openings as specified above
shall be provided on at least two sides of an exterior wall of the story.
If any portion of a basement is located more than 75 feet from openings required
in this section, the basement shall be provided with an approved automatic
sprinkler system.
2. At the top of rubbish and linen chutes and in their terminal rooms. Chutes
extending through three or more floors shall have additional sprinkler heads
installed within such chutes at alternate floors. Sprinkler heads shall be
accessible for servicing.
3. In rooms where nitrate film is stored or handled.
4. In protected combustible fiber storage vaults as defined in the Fire Code.
(c) Group A Occupancies. An automatic fire-extinguishing systems shall be installed
in all Group A occupancies where the floor area exceeds 5,000 square feet and in all
basements classified Group A Occupancy when the basement floor area exceeds 1,500
square feet.
(d) Group B Occupancies. An automatic fire-extinguishing system shall be installed in
all Group B occupancies when the floor area exceeds 5,000 square feet.
(e)
Group E Occupancies. An automatic fire-extinguishing system shall be installed in
all Group E occupancies where the floor area exceeds 5,000 square feet and in all
basements classified Group E occupancy where the basement floor area excees 1,500
square feet.
(f) Group H Occupancies. An automatic fire-extinguishing system shall be installed in
Group H, Division 1, 2, 3 and 7 Occupancies and in all Group H Division 4 & 5
Occupancies when the floor area exceeds 1,500 square feet.
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(g) Group H-6 Occupancies. Division 6. An automatic fire-extinguishing system sh~
be installed throughout buildings containing Group H, Division 6 occupancies. Th
design of the sprinkler system shall be not less than that required under U.B.C.
Standard No. 38-1 for the occupancy hazard classifications as follows'
Location
Fabrication areas
Service corridors
Storage rooms without dispensing
Storage rooms with dispensing
Exit corridors
Occupancy Hazard
Classification
Ordinary Hazard Group 3
O~dinary Hazard Group 3
Ordinary Hazard Group 3
Extra Hazard Group 2
Ordinary Hazard Group 3 ~
~ When the design area of the sprinkler system consists of a corridor protected by
one row of sprinklers, the maximum number of sprinklers that need be calculated is
13.
(h) Group I Occupancies. Automatic fire-extinguishing systems shall be installed in
all Group I occupancies.
(i)
Exception: In jails, prisons and reformatories, the piping system may be dry,
provided a manually operated valve is installed at a continuously monitored
location. Opening of the valve will cause the piping system to be charged.
Sprinkler heads in such systems shall be equipped with fusible elements or the
system shall be designed as required for deluge systems in UBC Standard No. 38-1.
Group R, Division 1 Occupancies. An automatic sprinkler system shall be instz~mm~d
throughout every apartment house three or more stories in height or containing mol
than 15 dwelling units, and every hotel three or more stories in height or containing
20 or more guest rooms. Residential or quick-response standard sprinkler heads shall
be used in the dwelling unit and guest room portions of the building.
(j)
All Group A, B, E, H~ I, & R-1 & R-3 Occupancies. Automatic fire-extinguishing
systems shall be installed in all Groups A, B, E, H, I, & R-1 & R-3 occupancies
located more than 1 1/2 miles from a fire station providing fire protection to that
location.' Said distance shall be measured in a straight line. For R-3 occupancies
the sprinkler system may be a residential sprinkler system as set forth in Item 8 of
Section 38.103 of UBC Standard 38-1.
Buildings containing portions which are required to have an automatic fire-
extinguishing system because of the number of stories shall have the automatic fire-
extinguishing system installed throughout and area separation as set forth in Section
505(e) shall not be considered as creating separate buildings for the purpose of this
section.
When the specific use of a building-is not known at the time of design and
installation of the automatic fire-extinguishing system the design shall be based
upon Ordinary Hazard Group 3 as set forth in UBC Standard 43-1.
Whenever an addition is made to an existing building automatic fire-extinguishing
systems shall be installed if the existing building plus the addition exceeds the
area or height limitation set forth in this section.
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Whenever the use of an existing building or portion thereof is changed in any manner
so as to require the installation of an automatic fire-extinguishing system, said
system shall be installed in the entire building.
Section 22.16 Section 3803, Chapter 38, Part VI: Sprinkler System Alarms. Section
3803 on page 683 is amended to read:
Section 3803. Automatic sprinkler systems shall be supervised by an approved central,
proprietary or remote station service or a local alarm which will give an audible signal
ag a constantly attended .location when the number of sprinklers is more than 20.
Exception: For R-3 occupancies, local alarms are acceptable.
Section 22.17 Section 4101, Chapter 41~ Part IV' Building Security. A New Chapter is
added to read:
Section 22.17 Chapter 41, Part IV: Building Security a New Chapter is added to
read:
Section 4101 Residential Security Requirements.
a) Exterior doors. Ail exterior wood doors shall be of solid wood construction,
no less than 1 3/4 inches thick or hollow metal doors. Except for sliding
glass doors, exterior doors shall not have glazing larger than 2" unless
glazing is 1/4" tempered glass.
b) Locking devices. Exterior swinging doors shall have a lock on the latching
device and a auxiliary cylinder dead bolt. The dead bolt shall be hardened
steel and have a 1" throw. If the cylinder of the lock protrudes from the face
of the door it shall be fitted with a cylinder ring guard so it cannot be
gripped with pliers or other wrenching devices. Double doors shall have the
inactive leaf secured with flush bolts at top and bottom. The bolts shall be
hardened steel 1/4" minimum in diameter and shall engage a metal strike plate
to a minimum depth of 3/8".
c) Strike plates. Strike plates for wood jambs shall be the high security type
and shall be secured with a minimum of two wood screws 3" long which shall
engage the door studs.
d) Jambs. Inswinging doors with wood jambs shall have rabitted jambs. The jambs
on the strike side shall have solid shims above and below the strike plates and
the opposite jamb shall have solid shims at the level of the strike plate.
Both door studs shall be reinforced with horizontal solid blocking at the
approximate height of strike.
e) Hinges. Exterior hinges and hinges of outswinging doors from the garage to
the dwelling shall have non-removable pins.
f) Sliding glass doors. Sliding glass doors shall complyjwith Chapter 54.
Sliding glass doors shall be fitted with a locking device that shall engage the
strike sufficiently to prevent its being disengaged by any possible movement of
the door within the space or clearances provided for installation and
operation. The bolt and strike shall be reinforced by hardened material so as
to prevent their separation by pulling, prying or similar attack. An auxiliary
locking device shall be installed on the door which may be a pin, lock, or
similar device of not less than 1/4 diameter. The pin shall be of hardened
material and engage the metal portion of the sliding door. The primary locking
device shall be operable by a keyed or code lock inside. Doors with 2 sliding
panels shall be locked at the meeting rails and shall have an auxiliary locking
device as described above.
-37-
g) Entry vision. Ail main. or front entry doors shall be fitted with a viewing
device having a field of view of not less than 180 degrees.
h) Windows. All accessible dwelling windows shall be secure as follows:
1. Sliding glass windows shall be secured on the inside with a locking device
capable of withstanding prying or wrenching. An auxiliary lock shall be
installed on each sliding window that prevents movement in the sliding
track.
2. Louvered windows shall not be used within eight feet of ground level,
adjacent structures, or fire escapes.
3. Casement type windows shall be secured with a metal to metal locking
device contacting both frames of the window at the meeting edge.
Auxiliary locks such as a pin that penetrates both frame structures shall
be installed on casement and double hung windows.
4. Windows fitted with a crank type gear opening device shall be fitted with
a positive window lock that engages metal to metal.
Windows shall not be located within 40 inches of the locking device of any door
unless protected by a steel grill with 1/4" minimum diameter bars not more than
2" on center or by a screen with 1/8" diameter wire mesh more than 2" on center
mounted on the inside or glazed with 1/4" tempered glass.
i) Garase doors. Vehicle garage doors shall be secured with a metal to metal
locking device that prevents the door from being pulled or pried up from the
outside. No electric garage door openers shall be permitted that will
automatically activate when the door is forced open. Garage doors fitted with
automatic openers shall be permitted with an alternative form of locking device
activated from the interior of the garage. Other garage doors shall comply
with all of the provisions of this section.
j) Storage areas. Any exterior storage area attached to a dwelling, apartment or
condominium and enclosed by a door shall comply with this section or have a
minimum 3/8" diameter hardened padlock hasp.
Section 4102 Non Residential Security Requirements.
a) Doors. Exterior doors which are located at the rear or side or away from the
primary entrance shall be solid doors with no glazing and shall be installed in
metal frames. Exterior wood doors shall be solid wood construction 1 3/4
inches thick or hollow metal doors.
b) Locking device. Exterior swinging doors which are exit doors as setforth in
Chapter 33 shall have cylinder dead-bolt locks whi6h shall be openable without
the use of key, special effort,'or knowledge. In Group B occupancies, a double
cylinder dead-bolt lock may be used on the main exit door if there is a readily
visible, durable sign on, or adjacent, to the door stating, "this door to
remain unlocked during business hours." The sign shall be in letters not less
than 1 inch high on contrasting background. When unlocked the single door and
both leaves of a pair of doors shall be free to swing without operation of any
latching device. Doors which are not exit doors shall have a double-keyed
cylinder dead-bolt. Double doors that are not exit doors shall have the
inactive leaf secured with flush-bolts .at the top and bottoms. The bolts shall
be hardened steel 1/4" minimum diameter and shall engage a metal strike plate
to, a minimum depth of 3/8 inch.
The dead bolts shall be hardened steel and shall have a minimum of a one inch
throw. If the cylinder of the lock protrudes from the face of the door it
shall be fitted with a cylinder ring geared so that it cannot be griped with
pliers or other wrenching devices.
-38-
Vehicle door, overhead doors, and sliding doors shall be secured with metal to
metal locking devices which prevent the door from opening.
c) Strike plates. Strike plates for wood jambs shall be the high security type
and shall be secured with a minimum of two wood screws 3" long which shall
engage the door studs. .
d) Jambs. Inswinging doors with wood jambs shall have rabitted jambs. The jambs
on the strike side shall have solid shims above and below the strike plates and
the opposite jamb shall have solid shims at the level of the strike plate.
Both door studs shall be reinforced with horizontal solid blocking at the
approximate height of strike.
e) Hinges. Exterior doors shall have non-removable hinge pins.
f) Sliding ~lass doors. Sliding glass doors shall comply with Chapter 54.
Sliding glass doors shall be fitted with a locking device that shall engage the
strike sufficiently to prevent its being disengaged by any possible movement of
the door within the space or clearances provided for installation and
operation. The bolt and strike shall be reinforced bY hardened material so as
to prevent their separation by pulling, prying or similar attack. An auxiliary
locking device shall be installed on the door which may be a pin, lock, or
similar device of not less than 1/4 diameter. The pin shall be of hardened
material and engage the metal portion of the sliding door. The primary locking
device shall be operable by a keyed or code lock inside. Doors with 2 sliding
panels shall be locked at the meeting rails and shall have an auxiliary locking
device as described above.
g) Windows. All accessible windows which are not located at the front or main
entrance side of a non-residential building shall be made secure as follows:
1. Sliding glass windows shall be secured on the inside with a locking device
capable of withstanding prying or wrenching. An auxiliary lock shall be
installed on each sliding window that prevents movement in the sliding
track.
2. Louvered windows shall not be used within eight feet of ground level,
adjacent structures, or'fire escapes.
3. Casement type windows shall be secured with a metal to metal locking
device contacting both frames of the window at the meeting edge.
Auxiliary locks such as a pin that penetrates both frame structures shall
be installed on casement and double hung windows.
4. Windows shall not be located within 40" of the locking device of any door
not locatd on the main entrance side of the non-residential building
unless the windows are glazed with 1/4" tempered glass.
h) 0penable transoms. All exterior 'openable transoms exceeding 8 x 12 which are
not located on the front or main entrance side of a non-residential building
shall be protected with a steel grill with 1/4" minimum bars not more than 2"
on center or by a screen with 1/8" diameter wire mesh not more than 2" on
center mounted on the inside.
i) Roof openinKs. Ail skylights on the roof of a non-residential building shall
be protected by:
1. Iron bars 1/2 inch minimum diameter not more than 8" on center or;
2. A screen with 1/8" diameter wire mesh not more than 2" on center.
All roof access hatches of a non-residential building shall be protected as
follows:
1o If the hatchway is of wooden material, it shall be covered on the inside
with at least 16 gauge sheet steel or its equivalent attached with screws
at 6";
2. The hatchway shall be' secured from the inside with a slide bar or
slide bolts;
-39-
3. Outside hinges on all hatchway openings shall be provided with non-
removable pins when using pin-type hinges.
Ail air duct or air vent openings exceeding 8" x 12" on the roof or exterior
walls of any building or premise used for business purposes shall be secured by
covering the same with either of the following:
1. Iron bars of at least 1/2" round or 1" x 1/4" flat steel material, spaced
no more than 8" apart and securely fastened.
j) Exterior ladders. Exterior ladders to the roof are not permitted.
Section 22.18 Section 4306, Chapter 43, Part VII: Fire Resistive Assemblies for
Protection of Openings. Section 4306 on pages 701-704 is amended by adding a new
subsection (m) to read:
(m) Combustible Sills and Floor Coverings. Regardless of any other provisions of these
regulations or the test standards adopted hereunder, combustible sills and floor
coverings may be placed under any fire door having a fire-resistive rating of less than
45 minutes. Carpet and carpet padding floor coverings shall have a minimum critical
radiant flux limit of 0.22 watts/cm2 when tested in accordance with the Floor Covering
Radiant Panel Test NFPA 253, 1984 edition. Such rating shall be maintained for a
distance of 5 feet on all sides of the fire door except as otherwise prohibited by
building design and construction.
Exception: Installations in existence prior to January 1, 1979.
Section 22.19 Section 4401, Chapter 44, Part VIII: Protection of Pedestrians. Section
4401 on page 743 is amended to read' ~
Section 4401 General. No person shall place or store any material or equipment
necessary for the work authorized by any building permit on any street or alley or
public Sidewalk unless an encroachment permit as provided by Title 5, Chapter 1, Alameda
County Ordinance Code as adopted by the City of Dublin, has been secured.
No person shall perform any work on any building or structure if by so doing he
endangers pedestrians on the street that buts the property, unless the protection of
pedestrians as specified in tbs Code is provided. No encroachment permit shall be
required for the construction of any railing, fence, or canopy used for the protection
of pedestrians if there is a valid building permit in effect for such work and the
railing, fence or canopy does not extend beyond the c~rb or gutter if there is no curb.
Section 22.20 Section 4402, Chapter 44, Part VIII: Temporary Use of Streets and Alley.
Section 4402 on page 743 is deleted.
Section 22.21 Section 4403, Chapter 44, Part VIII: StoraKe on Public Property.
Section 4403 on page 743 is deleted.
Section 22.22 Section 4404, Chapter 44, Part VIII: Mixing Mortar on Public Property.
Section 4404 on page 743 is deleted.
Section 22.23 Section 4405, Chapter 44, Part VIII: Protection of Utilities. Section
4405 on page 743 is deleted.
Section 22.24 Section 4501, Chapter 45, Part VIII: General. Section 4501 on page
is amended to read:
-40-
Section 4501. No part of any structure or any appendage thereto shall project beyond
the property line of the building site except as specified in this Chapter.
Structures or appendages regulated by this Code shallbe constructed of materials as
specified in Section 1710.
The projection of any structure or appendage shall be the distance measured horizontally
from the property line to the outermost point of the projection.
No provisions of this Chapter shall be construed to permit the violation of other laws
or ordinances regulating the use and occupancy of public property.
Section 22.25 Section 4502, Chapter 45, Part VIII: Projection into Alleys. Section
4502 on page 747 is deleted.
Section 22.26 Section 4503, Chapter 45, Part VIII: Space Below Sidewalks. Section
4503 on page 747 is deleted.
Section 22.27 Section 4508, Chapter 45, Part VIII: Signs. A new Section 4508 is
hereby added to read as follows:
Section 4508 Signs. Signs when placed flat against the wall of a building shall not
project beyond the front property line not more than 12 inches.
Section 22.28 Section 4706(e), Chapter 47, Part VIII: Weather-Resistive Barriers.
Section 4706(d) on page 753 is amended to read:
Section 4706(d). Nothwithstanding the provisions of 1707 the weather-resistive barrier
for exterior stucco shall be either Type 15 felt or Grade D craft building paper having
a 60 minute water resistance when tested in accordance with UBC Standard 17-1. Two
layers of the weather-resistive barrier shall be applied over wood sheathing.
Section 22.29 Chapter 1, Appendix: Life Safety Requirements for Existing Buildings on
page 815 through 827 is deleted.
Section 22.30 Chapter 32, Appendix: Reroofing on pages 855 and 857 is deleted.
Section 22.31 Section 3501, Appendix Chapter 35: Sound Control Transmission.
Section 3501(a) on page 858 is amended to read:
Section 3501(a) General. In Group R Occupancies, wall and floor-ceiling assemblies
separating dwelling units or guest rooms from each other and from public space such as
interior corridors and service areas shall provide airborne sound insulation for walls
and both airborne and impact sound insulation for floor-ceiling assemblies.
Whenever there is a conflict with the provisions of Section 3501 and 3502 of this code
and the provisions of Section 3501 and 3501 of Title 24 California Code of Regulations
the provisions of Title 24 shall prevail.
Section 22.32 Chapter 53, Appendix: Energy Conservation in New Buildings on page 869 &
870 is deleted.
Section 22.33 Chapter 70, Appendix: Excavations and Grading. Chapter 70 on pages 871
through 881 is deleted.
-41-
CHAPTEI~ 3 - ELECTRICAL CODE
Article 1 - Title and Scope
Article 2 - Exclusions and Modifications
Article 3 - Additional Requirements
Article 1 - Title and Scope
Section 31.0
Section 31.1
Section 31.2
Section 31.3
Section 31.4
Section 31.5
Title
Purpose
Adoption
Scope
Exceptions
Additions, Alterations and Repairs
Section 31.0 Title. The National Electrical Code adopted by Section 31.1 of this
Ordinance and the provisons of this Chapter is the City of Dublin Electrical Code and
may be cited as such and will be referred to in the National Electrical Code and in this
Chapter as "this Code".
Section 31.1 Purpose. The promotion and preservation of the public health, safety, and
general welfare of the people of the City of Dublin and the property situated therein
have made necessary the adoption of the Electrical Code referred to in Section 31.2 in
order to adequately safeguard life, health, property and general welfare.
The purpose of this code is not to create or otherwise establish or designate any
particular class or groups of persons who will or should be especially protected or
benefited by the terms of this code.
Section 31.2 Adoption. The "National Electrical Code 1987" published by the National
Fire Protection Association,- a copy of which is filed in the Office of the City Clerk of
the City of Dublin is hereby adopted by reference as the Electrical Code for the City of
Dublin pursuant to the provisions of Section 50022.1 et. seq. of the Government Code of
the State of California except as hereinafter modified in Article 2 of this Chapter.
Section 31.3 Scope. The provisions of this Code shall apply to the installation,
erection, construction, enlargement, addition to, alteration, repair, moving, removal,
demolition, conversion, use, and maintenance of any electrical wiring, appliances,
devices, equipment, and apparatuses used for or in connection with the transmission or
use of electrical energy for light~, heat, power, radio, signaling communication or for
other purposes in any building, structure, or premises within the City of Dublin.
The permissive provisions of this Code shall not be presumed to waive any limitations
imposed by any other law, ordinance, rule or regulation. If two or more pertinent
limitations shall prevail which provide greater safety to .life, health, property or
public welfare.
Electrical appliances and equipment shall be made accessible to the physically
handicapped. Whenever there is a conflict between the provisions of this code and Title
24 California Code of Regulation, the provisions of Title 24 shall prevail.
-42-
Section 31.4 Exceptions. The provisions of this Code shall not apply to:
Work located in a public street.
2. Electrical installations within trailer coaches, campers, motor vehicles,
railroad cars and aircraft; however, if any of the foregoing are permanently
placed on the ground or have their wheels removed for other than temporary
repairs, they shall comply with all the provisions of the Electrical Code.
3. Electrical installations within houseboats or other'watercrafts; however, if any
of the foregoing are stored out of the water and used for any purpose
whatsoever, they shall comply with all the provisions of the Electrical Code.
4. Electrical installations owned or operated by a public utility for the use of
such utility in the generation, transmission, distribution or metering of
electrical energy.
5. Radio and television receiving equipment, amateur radio transmitting and
receiving equipment, and community antenna television systems.
Section 31.5 Additions~ Alterations and Repairs. Ail work done in connection with an
addition to an existing electrical installation shall conform to the applicable
provisions of this Code. In addition, any portion of an existing electrical
installation which would become overloaded or have its capacity exceeded as determined
by the standards in this Code for new installation as a result of the addition shall be
made to conform to the applicable provisions of this Code.
Alterations, repairs to, or replacement of equipment in any existing electrical
installation shall conform to the applicable provisions of this Code except that the
Building Official may allow deviations from the provisions of this Code, provided the
deviations are necessary due to the circumstances of the existing conditions; the
existing condition was permitted by a previous Code; and such deviation does not create
or continue a'hazard to life, health, and property.
Article 2 - Exclusions and Modifications
Article 3 - Additional Regulations
Section 33.0 Fire Alarms
Section 33.1 Office Receptacle Outlets
Section 33.0 Fire Alarms. All fire alarm systems shall conform to the requirements of
Title 24, California Administrative Code, Article 3-760.
Section 33.1 Office Receptacle Outlets. Section 210-53 is added to read:
Section 210-53 Office Receptacle Outlets. In office buildings receptacle outlets shall
be installed in all permanent walls or'partitions so that no point along the floor line
any wall space is more than six (6) feet measured horizontally, from an outlet in that
space including any wall space two (2) feet or more in width and the wall space occupied
by sliding panels in exterior walls.
-43-
As used in the section a "wall space" shall be considered a wall unbroken along the
floor line by doorways, fireplaces, and similar openings. Each wall space two (2) o~
more feet wide shall be treated individually and separately from other wall spaces
within the room. A wall space shall be permitted to include two or more walls of a room
(around corners) where unbroken at the floor line.
Receptacle outlets shall, insofar as practicable be spaced equal distances apart.
Receptacle outlets in floors shall not be counted as part of the required number of
receptacle outlets unless located near the wall.
The receptacle outlets required by the section shall be in addition to any receptacle
that is part of any lighting fixture or appliance, located within cabinets or cupboards,
or located over five and one half (5 1/2) feet above the floor.
CHAPTER 4 - PLUMBING CODE
Article 1 - Title and Scope
Article 2 - Exclusions and Modifications
Article 1 - Title and Scope
Section 41.0
Section 41.1
Section 41.2
Section 41.3
Section 41.4
Section 41.5
Title
Purpose
Adoption
Scope
Exceptions
Additions, Alterations and Repairs
Section 41.0 Title. The Uniform Plumbing Code adopted by Section 41.2 of this
Ordinance and the provisons of this Chapter is the City of Dublin Plumbing Code and may
be cited as such and will be referred to in the Uniform Plumbing Code and in this
Chapter as "this Code".
Section 41.1 Purpose. The promotion and preservation of the public health, safety, and
general welfare of the people of the City of Dublin and the property situated therein
have made necessary the adoption of the Plumbing Code referred to in Section 41.2 in
order to adequately safeguard life, health, property and general welfare.
The purpose of this code is not to create or otherwise establish or designate any
particular class or groups of persons who will or should be especially protected or
benefited by the terms of this code.
Section 41.2 Adoption. The "Uniform Plumbing Code 1988 Edition" published by the
International Association of Plumbing and Mechanical OffiCials, a copy of which is filed
in the Office of the City Clerk of the.City of Dublin is hereby adopted by reference as
the Plumbing Code for the City of Dublin pursuant to the provisions of Section 50022.1
et. seq. of the Government Code of the State of California except as hereinafter
modified in Article 2 of this Chapter.
Section 41.3 Scope. The provisions of this Code shall apply to the installation,
erection, construction, enlargement, addition to, alteration, repair, moving, remova~
demolition, conversion, use, and maintenance of any plumbing installation, gas or
drainage piping installation or any fixture or water heating or treating equipment in
any building, structure, or premises within the City of Dublin.
-44-
The permissive provisions of this Code shall not be presumed to waive any limitations
imposed by any other law, ordinance, rule or regulation. If two or more pertinent
limitations shall prevail which provide greater safety to life, health, property or
public welfare.
Section 41.4 Exceptions. The provisions of the Plumbing Code shall not apply to'
1. Work located in a public street.
2. Plumbing systems within trailer coaches, campers, motor Vehicles, railroad cars
and aircraft; however, if any of the foregoing are permanently placed on the
ground or have their wheels removed for other than temporary repairs, they shall
comply with all the provisions of the Plumbing Code.
·
Plumbing fixtures and equipment shall be made accessible to the physically
handicapped. Whenever there is a conflict between the provisions of Title 24
California Code of Regulations, the provisions of Title 24 shall prevail.
3. Plumbing systems within houseboats or other watercrafts; however, if any of the
foregoing are stored out of the water and used for any purpose whatsoever, they
shall comply with all the provisions of the Plumbing Code.
4. Building sewers as defined in Chapter 1 of the Uniform Plumbing Code located
within the boundaries of a sanitary district and such district has regulations
for building sewers and such regulations are in force.
5. Sewage treatment and collection facilities of a sanitary district.
6. Water treatment, storage, transmission and distribution facilities of a water
district or water company regulated by the Public Utilities Commission.
7. Gas storage, transmission and distribution facilities owned by a public utility.
8. Wells and water supply systems for irrigation and watering livestock provided
such water is not used for human consumption.
Section 41.5 Additions, Alterations and Repairs. Ail work done in connection with an
addition to an existing plumbing installation shall conform to the applicable provisions
of this Code. In addition, any portion of an existing plumbing installation which would
become overloaded or have its capadity exceeded as determined by the standards in this
Code for new installation as a result of the addition shall be made to conform to the
applicable provisions of this Code.
Alterations, repairs to, or replacement of equipment in any existing plumbing
installation shall conform to the applicable provisions of this Code except that the
Building Official may allow deviations from the provisions of this Code, provided the
deviations are necessary due to the circumstances of the existing conditions; the
existing condition was permitted by a previous Code; and such deviation does not create
or continue a hazard to life, health, and property.
Article 2 - Exclusions and Modifications
Section 42.1 Part 1 Administration
Section 42.2 Section 314(a), Chapter 3' Repairs and Alterations
Section 42.3 Section 401,-Chapter 4' Materials
Section 42.4 Section 503, Chapter 5' Materials
-45-
Section 42.5 .Section 1001, Chapter 10: Running Water Required
Section 42.6 Section 1004, Chapter 10: Materials
Section 42.7 Section 1007, Chapter 10: Water Pressure, Pressure Regulators
Pressure Relief Valves
Section 42.8 Section 1101, Chapter 11: Sewer Required
Section 42.9 Section 1110, Chapter 11: Location
Section 42.10 Section I-l, Appendix 1: Private Sewage Disposal (General)
Section 42.11 Section I-2, Appendix 1: Capacity of Septic Tanks
Section 42.12 Section I-5, Appendix 1: Allowable Rate of Sewage Application to a
Soil Absorption System
Section 42.13 Section I-3, Appendix 1: Area of Disposal Fields and Seepage Pits
Section 42.14 Table 1-4, Appendix 1
Section 42.15 Section 1-4, Appendix 1: Percolation Tests
Section 42.16 Section 1-6(c), Appendix 1: Disposal Fields
Section 42.17 Section 1-7(a), Appendix 1: Seepage Pits
Section 42.18 Section 1-8, Appendix 1: Cesspools
Section 42.19 Table 1-1, Appendix 1: Location of Sewage Disposal System
Section 42.1 Part 1 Administration. Part 1 on pages l(a) through 6(a) is deleted.
Section 42.2 Section 314(a), Chapter 3: Repairs and Alterations. Section 314(a) on
page 31 are deleted.
Section 42.3 Section 401~ Chapter 4: Materials. Section 401 on page 37 is amended to
read:
Section 401 Materials.
(a) Drainage pipe shall be cast iron, galvanized steel, galvanized wrought iron,
copper, brass, ABS, PVC, or other approved materials having a smooth and uniform
bore, except:
1. That no galvanized wrought iron or galvanized steel pipe shall be used
underground and shall be kept at least six (6) inches (152.4 mm) above ground.
2. ABS or PVC installations limited to residential construction, not more than
two(2) stories in height. The City Council interprets this section to mean ABS
or PVC may be used on the top two stories of multi-story residential
construction.
3. No vitrified clay pipe or fittings shall be used above ground or where
pressurized by a pump or ejector. They shall be'kept at least twelve (12)
inches (.3m) below ground.
(b) Drainage fittings shall be of Cast iron, malleable ir'on, lead, brass, copper, ABS,
PVC or other approved materials having a smooth interior waterway of the same
diameter as the piping served and all such fittings shall conform to the type of pipe
used.
1. Fittings on screwed pipe shall be of the recessed drainage type. Burred ends
shall be reamed to the full bore of the pipe.
2. The threads of drainage fittings shall be tapped so as to allow one fourth ('
inch per foot (20.9 mm/m) grade.
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Section 42.4 Section 503, Chapter 5, Materials. Section 503 on page 47 is amended to
read:
Section 503 Materials.
(a) Vent pipe shall be cast iron, galvanized steel, galvanized wrought iron, lead,
copper, brass ABS, PVC, or other approved materials; except:
1. That no galvanized wrought iron or galvanized steel pipe shall be used
underground and shall be kept at least six (6) inches (152.4mm) above ground.
2. kBS or PVC installations limited to residential construction, not more than two
(2) stories in height. .The City Council interprets this section to mean ABS or
PVG may be used on the top stories of multi-story residential construction.
(b) Vent fittings shall be cast iron, galvanized malleable iron or galvanized steel,
lead, copper, brass, ABS, PVG, or other approved materials, except that no galvanized
malleable iron or galvanized steel fittings shall be used underground and shall be
kept at least six (6) inches (152.mm) above ground.
(c) Changes in direction of vent piping shall be made by the appropriate use of
approved fittings and no such pipe shall be strained or bent. Burred ends shall be
reamed to the full bore of the pipe.
Section 42.5 Section 1001, Chapter 10: Runnin~ Water Required. Section 1001 on page
73 is amended to read:
Section 1001 Running Water Required.
(a) Each plumbing fixture shall be provided with an adequate supply of potable running
water piped thereto in an approved manner, so arranged as to flush' and keep it in a
clean and sanitary condition without danger of. backflow or cross-connection. Water
closets shall be flushed by means of an approved tank or flushometer valve.
(b) Such water supply be either (1) a public water system conforming to the provisions
of Division 5, Part 1, Chapter 7, Health and Safety Code, and Division 11, Part 5,
Chapter 2, Article 2, Section 22264, Water Code of the State of California, (2) a
local small water system, or (3) an approved individual water supply.
(c) A local small water system is'defined as a water system which serves (1) more than
one but less than five service connections, (2) less than twenty-five year-long
residents, and (3) any number of nonresident individuals greater than sixty days per
year. All such water systems shall be designed, constructed, .operated, and
maintained in compliance with the requirements of the Division of Environmental
Health as contained in their Small Water System Handbook.
(d) Quality. Ail water systems shall meet the primary Drinking Water Standards
contained in Title 22 of the .California Administrative Code. The secondary Drinking
Water Standards contained in Title 22 of the California Administrative Code shall be
met by all water systems, subject to any current variances or other authorized
exception. Ail examinations of water required by this Ordinance shall be performed
by a laboratory approved by the California Department of Health Services.
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(e) Quality. Sufficient water shall be available from the water source or sources and
storage facilities to supply adequately, dependably, and safely the total ~
requirements of all users under maximum daily demand condition. Total requirement
for a water system shall be determined from the total source capacity, total storage
volume, and total number of service connections. The procedures for determining
source quality shall be in accordance with the'specifications contained in Division
4, Chapter 15, Article 2, Title 22 of the California Administrative Code.
(f) Individual Water System - Quality and Quantity
1. Quality
Bacteriological. The water from an individual system, installed for domestic
use, shall be examined by the Division of Environmental Health on completion of
the system. The water tested shall be bacteriologically acceptable for domestic
use.
Chemical. An analysis for specific organic or inorganic chemical constituents
in the water may be required when there is evidence that such constituents may
be present and which are considered by the Division of Environmental Health to
be a risk to human health.
Physical. Tests for odor, color, turbidity, pH, or other physical properties of
the water may be required when there is evidence the water meter not be
acceptable, potable, or palatable for human consumption.
2. Quantity - Source
Wells. The well or wells shall provide as their total capacity a continuous
flow of five (5) gallons per minute to the potable water piping system of the
structure. In the event that the well or wells will not produce the required
five (5) gallons per minute, the Division may consider a continuous flow of
three (3) gallons per minute and a one thousand two hundred (1200) gallon
storage tank to be acceptable. The Division of Environmental Health may require
a sustained yield pump test or historical records acceptable to the Division of
the well or wells documenting their capacity. Sustained yield tests when
required shall be conducted in accordance with the procedures described in Title
22, Section 64563, of the California Administrative Code.
Other Sources. These sources, included but not limited to streams, springs,
infiltration galleries, etc., shall provide a sustained yield of at least one
(1) gallon per minute in conjunction with a catchment basin or storage of at
least three thousand (3000) gallons. Other yields and required storage shall
meet the same minimum requirements as for wells. .Adequate documentation
acceptable to the Division of Environmental Health shall be submitted certifying
the sources to be perennial.
(g) When it has been demonstrated that a water source exists that does not comply,
with this Chapter and that such failure to meet the requirements of the Division of
Environmental Health is a danger, or is likely to cause a hazard to human health the
Division may request the Building Inspector to withhold the issuance of a requested
building permit or any certification for a structure. ~
(h) All water wells shall comply with the provisions of Article 14, Chapter 6, Titl~ ~
of the Alameda County Ordinance Code.
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Section 42.6 Section 1004, Chapter 10: Materials. Section 1004 on page 75 is amended
to read:
Section 1004 Materials.
(a) Water pipe and fittings shall be of brass, copper, cast iron, galvanized malleable
iron, galvanized wrought iron; galvanized steel, or other approved materials.
Asbestos-cement, PE, or PVC water pipe manufactured to recognized standards may be
used for cold water distributiom systems outside a building. Ail materials used in
the water supply system, except valves and similar devices shall be of a like
material, except where otherwise approved by the Administrative Authority.
(b) Cast iron fittings up to and including to (2) inches (50.8 mm) in size, when used
in connection with potable water piping shall be galvanized.
(c) Ail malleable iron water fittings shall be galvanized.
(d) Piping and tubing which has previously been used for any purpose other than for
potable water systems shall not be used.
(e) Approved plastic materials may be used in water service piping, provided that
where metal water service piping is used for electrical grounding purposes,
replacement piping therefore shall be of like materials.
(f) Solder shall conform to the requirements of Section 802(d).
Section 42.7 Section 1007, Chapter 10: Water Pressure~ Pressure Regulators and
Pressure Relief Valves. Section 1007 on pages 78 & 79 is amended by adding a new
subsection (h) to read'
(h) Each riser or branch shall be provided with an accessible sectionalizing valve in
hot-and cold-water systems to permit servicing or replacement of piping or equipment.
Stop valves shall be provided at each fixture.
Section 42.$ Section 1101, Chapter 11' Sewer Required. Section 1101 on page 85 is
amended to read:
Section 1101 Sewer Required.
Every building in which plumbing fixtures are installed and every premises having
drainage piping thereon shall have a connection to a public sewer. Except that where
there is no available public sewer within 200 feet, measured along streets, alleys, or
public right-of-way upon which a lot abuts, and when the size of the property is in
excess of 40,000 square feet, drainage piping from any building or works may be
connected to an approved private sewage disposal system. Ail such sewage disposal
systems shall be designed, constructed; operated, and maintained in compliance with the
Health Officer's regulations.
Notwithstanding the provisions of Section 320 and Section 11.8 of this Ordinance,
whenever a public sewer is extended so as to become within 200 feet of any premises
having a private sewage disposal system, said private sewage disposal system shall be
abandoned and the building sewer shall be connected to the public sewer.
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No permit shall be issued for the installation, alteration or repair of any private
sewage disposal system or part thereof of any premises for which a public sewer is
within 200 feet.
On every lot or premises hereafter connected to a public sewer, all plumbing and
drainage systems or parts thereof on such lot or premises shall be connected to such
public sewer.
Section 42.9 Section 1110, ChapterlO: Location.
Section 1110 on page 88 is amended by adding a new Subsection (c).
(c) It shall be unlawful to sell, transfer, divide, or set off any portion of any lot
which in any way reduce the minimum areas set forth in Section 1101 or reduce the'
minimum distances set forth in Table 1-1.
Section 42.10 Section 1-1~ Appendix 1: Private Sewage Disposal (General). Section
1-1(c) and (d) on page 16 are amended to read:
(c)
Disposal systems shall be designed to utilize the most porous or absorptive
portions of the soil formantion. Where the ground water level extends to within five
feet or less of the bottom of any trench which is to be utilized as a portion of a
leach field or where the upper soil is porous and the underlying stratum is rock or
impervious soil, a septic tank and disposal field system shall not be installed.
Disposal systems shall only be permited in undisturbed ground areas or where the
depth of any cut or fill does not exceed 18". Disposal systems shall not be
permitted where the slope exceeds 23% or in areas with unusual or unstable geolog_
conditions. Soil or geologic investigation reports, which may be required under
Section 2905 of the Building Code, shall include an evaluation of the geologic
suitability of any location Of a proposed septic disposal field.
Section 42.11 Section I-2, Appendix 1: Capacity of Septic Tanks. Section I-2 on pages
182 & 183 is deleted.
Section 42.12 Table I-5~ Appendix I. Table 1-5 on page 196 is amended to read:
TABLE 1-5
ALLOWABLE RATE OF SEWAGE APPLICATION TO A SOIL
ABSORPTION SYSTEM
Maximum Rate of Sewage
Percolation Rate Application Gallons Per
Minutes Per Inch Inches Per* Inch Square Foot Per Day
5 12 2.2
10 6- 1.6
15 4 1.3
30 2 0.9
45 1 1/2 0.8
60 1 0.6
*Unsuitable for leaching system if more than 12 inches per hour or less than 1 inch
hour.
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SEPTIC TANK CAPACITY
Number of Bedrooms Capacity in Gallons
1 to 4 1,015
5 to 6 1,440
7 1.,810
8 2,250
9 to 12 2,812
Section 42.13 Section I-3, Appendix I: Area of Disposal Fields and Seepage Pits.
Section 1-3 on pages 183 is amended to read:
The minumum effective absorption area for disposal fields in square feet of trench
bottom shall be predicated on either:
1. The required septic tank capacity in gallons and shall conform to the
requirements of Table 1-5; or
2. In the case of a residence, the number of bedrooms to be connected to the system
and shall conform to the requirements of Table 1-4.
A minimum of two hundered (200) square feet of trench bottom shall be provided for each
system exclusive of any hard pan, rock, clay or other impervious formations.
Section 42.14 Table I-4: Appendix I: Table I-4 on page 196 is amended to read:
TABLE I-4
ABSORPTION AREA REQUIREMENTS FOR PRIVATE
RESIDENCES
(Provides for Garbage-Grinder and Automatic-Sequence Washing Machines)
Required Absorption Area in
Percolation Rate Minutes Per Square Feet
Inch Inches Per Hour Per Bedroom
5 12 90
10 6 120
15 4 150
30 2 180
45 1 1/2 240
60 1 270
Section 42.15 Section I-4, Appendix I: Percolation tests. Section I-4, Subsections
(a) and (b) on pages 183 & 184 are amended to read:
(a)
Percolation tests shall be made at each disposal field site. Not less than three
(3) tests shall be made at points distributed within the disposal field site. The
tests shall be conducted as prescribed or approved by the Health Officer.
(b) Each test shall be made with clear water in an excavation which has been
continuously soaked during at least 24 hours prior to the test.
Section 42.16 Section 1-6, Appendix 1: Disposal Fields. Section 1-6(i) on page 185 is
deleted and Section 1-6(i) on page 185 is amended to read:
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(h) Disposal fields shall be constructed as follows:
Minimum number of drain lines per field . . 1
Maximum length of each line ........ 100 feet
Minimumbottom width of trench ...... 28 inches
Maximumbottom widht of trench ...... 36 inches
Minimum spacing of lines center to center . 6 feet
Minimum depth of earth cover over lines . . 12 inches
Preferred depth of cover of lines ..... 18 inches
*Maximum grade of lines . .(per 100 feet) . 6 inches
Building Sewer and Private Systems
*Minimum Grade of lines . .(per 100 feet) . 3 inches
Minimum filter material under drain lines . 20 inches
Minimum filter material over drain lines . 2 inches
Maximum depth of trench .......... 5 feet
Minimum spacing between trenches or leaching beds: shall be four (4) feet plus two
(2) feet for each additional foot of depth in excess of one (1) foot below the bottom
of the drain line.
*When perforated pipe is used it shall be laid level and with the end of the line
capped. Where leaching beds 'are permitted in lieu of trenches the area of each such
bed shall be at least fifty (50) percent greater than the tabular requirements for
trenches. Distribution drain lines in leaching beds shall not be more than six(~.~
feet apart on centers and no part of the perimeter of the leaching bed shall be .
than three (3) feet from a distribution drain line.
When necessary on sloping ground to prevent excessive line slope, leach lines or
leach beds shall be stepped. The lines between each horizontal section shall be made
with watertight joints and shall be designed so each horizontal leaching trench or
bed shall be utilized to the maximum capacity before the effluent shall pass to the
next lower leach line or bed. The lines between each horizontal leaching section
shall be made with approved watertight joists.
Section 42.17 Section I-7(a), Appendix I: SeepaKe Pits. Section 1-7(a) on pages 187 &
188 is amended to read:
The installation of seepage pits shall be based on the quantity of liquid wastes
discharged there into and the character and porosity of the surrounding soil and shall
conform to Section I-3 of this Appendix.
Section 42.18 Section I-8, Appendix I: Cesspools.
Section 1-8 on page 189 is amended to read:
The installation of cesspools shall not be permitted.
Section 42.19 Table I-l, Appendix I: Location of Sewage Disposal Systems. Table I-1 on
page 193 is amended to read:
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TABLE I- 1
LOCATION OF SEWAGE DISPOSAL SYSTEM
Minimum Horizontal Distance is Clear Required from: Building
Sewer
Septic Disposal
Tank Field
Cuts, embankments
Buildings or Structures 2
Property line adjoining private property
Water supply wells
Streams, Ponds
Large trees
Disposal field
Domestic water line
Distribution box
Swimming Pool
Drainage way, ephermal streams
- - 4h feetl
2 feet 10 feet 10 feet
Clear 20 feet 10 feet
50 feet 50 feet 100 feet
50 feet 50 feet 100 feet
- 10 feet -
5 feet 4 feet4
5 feet 10 feet
5 feet
10 feet 25 feet
50 feet 50 feet
1 foot5
--
NOTE' When disposal fields are installed in sloping ground, the minimum horizontal
distance between any part of the leaching system and ground surface shall be fifteen
(15) feet.
1. Distance in feet equals four times the vertical height of the bank. Distance is
measured from the top edge of the bank. When an impermeable layer intersects a
cut the setback shall be 100 feet. (h ~ vertical height of embankment.).
2. Including porches and steps whether covered or uncovered, breezeways, roofed
porte-cocheres, roofed patios, carports, covered walk, covered driveways and
similar structures or appurtenances.
3. Ail nonmetallic drainage piping shall clear domestic water supply wells by at
least fifty (50) feet. This distance may be reduced to not less than twenty-
five (25) feet when approved type metallic piping is installed. Where special
hazards are involved the distance required shall be increased, as may be
directed by the Health Officer or the Administrative Authority.
4. Plus two (2) feet for each additional foot of depth in excess of one (1) foot
below the bottom line of the drain line. (See also Section 1-6)
5. See Section 1108.
CHAPTER 5 - MECHANICAL CODE
Article 1 - Title and Scope
Article 2 - Exclusions and Modifications
Article 1 - Title and Scope
Section 51.0
Section 51.1
Section 51.2
Section 51.3
Section 51.4
Section 51.5
Title
Purpose
Adoption
Scope
Exceptions
Additions~ Alterations and Repairs
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Section 51.0 Title. The Uniform Mechanical Code adopted by Section 51.2 of this ~
Ordinance and the provisions of this Chapter is the City of Dublin Mechanical Code an
may be cited as such and will be referred to in the Uniform Mechanical Code and in thl_
Chapter as "this Code".
Section 51.1 Purpose. The promotion and preservation of the public health, safety, and
general welfare of the people of the City of Dublin and the property situated therein
have made necessary the adoption of the Mechanical Code referred to in Section 51.2 in
order to adequately safeguard life, health, property and general welfare.
The purpose of this code is not to create or otherwise establish or designate any
particular class or groups of persons who will or should be especially protected or
benefited by the terms of this code.
Section 51.2 Adoption. The "Uniform Mechanical Code 1988" published by the
International Association of Plumbing and Mechanical Officials and the International
Conference of Building Officials, a copy of which is filed in the Office of the City
Clerk of the City of Dublin is hereby adopted by reference as the Mechanical Code for
the City of Dublin pursuant to the provisions of Section 50022.1 et. seq. of the
Government Code of the State of California except as hereinafter modified in Article 2
of this Chapter.
Section 51.3 Scope. The provisions of this Code shall apply to the installation,
erection, construction, enlargement, addition to, alteration, repair, moving, removal,
demolition, replacement, conversion, use, and maintenance of any heating, ventilating,
comfort cooling, refrigeration systems, incinerators or other heat producing applianc~
in any building, structure, or premises within the City of Dublin.
The permissive provisions of this Code shall not be presumed to waive any limitations
imposed by any other law, ordinance, rule or regulation. If two or more pertinent
limitations shall prevail which provide greater safety to life, health, property or
public welfare.
Mechanical appliances and equipment shall be made accessible to the physically
handicapped as required by Title 24 California Code of Regulations. Whenever there is a
conflict in the provisions of this code and Title 24, the provisions of Title 24 shall
prevail.
Section 51.4 Exceptions. The provisions of the Mechanical Code shall not apply to:
1. Work located in a public street.
2. Heating, ventilating, comfort cooling, refrigeration systems, incinerators or
other heating or cooling appliances within trailer coaches, campers, mobile
homes, motor vehicles and airplanes; however, if any of the foregoing are
permanently placed on the ground or have their wheels removed for other than
temporary repairs, they shall comply with all the provisions of this Code.
3. Heating, ventilating, comfort cooling, refrigeration systems, incinerators or
other heating or cooling appliances within houseboats or other watercrafts;
however, if any of the foregoing are stored out of the water and used for any~
purpose whatsoever, they shall comply with all the provisions of this Code.
-54-
Section 51.5 Additions, Alterations and Repairs. Ail work done in connection with an
addition to an existing mechanical installation shall conform to the applicable
provisions of this Code. In addition, any portion of an existing mechanical
installation which would become overloaded or have its capacity exceeded as determined
by the standards in this Code for new installation as a result of the addition shall be
made to conform to the applicable provisions of this Code.
Alterations, repairs to, or replacement of equipment in any existing mechanical
installation shall conform to the applicable provisions of this Code except that the
Building Official may allow deviations from the provisions of this Code, provided the
deviations are necessary due to the circumstances of the existing conditions; the
existing condition was permitted by a previous Code; and such deviation does not create
or continue a hazard to life, health, and property.
Article 2 - Exclusions and Modifications
Section 52.0 Part 1: Administration.- Part I on pages 11 through 23 is deleted.
CHAPTER 6 - HOUSING CODE
Article 1 - Title and Scope
Article 2 - Exclusions and Modifications
Article 1 - Title and Scope
Section 61.0 Title
Section 61.1 Purpose
Section 61.2 Adoption
Section 61.3 Scope
Section 61.0 Title. The Uniform Housing Code adopted by Section 61.2 of this Ordinance
and the provisions of this Chapter is the City of Dublin Housing Code and may be cited
as such and will be referred to in the Uniform Housing Code and in this Chapter as "this
Code".
Section 61.1 Purpose. The promotion and preservation of the public health, safety, and
general welfare of the people of the City of Dublin and the property situated therein
have made necessary the adoption of the Housing Code referred to in Section 61.2 in
order to adequately safeguard life, health, property and general welfare.
The purposes of this code is not to create or otherwise establish or designate any
particular Class or group of persons who will or should be especially protected or
benefited by the terms of this code.
Section 61.2 Adoption. The "Uniform Housing Code 1988 Edition" published by the
International Conference of Building Officials, a copy of which is filed in the Office
of the City Clerk of the City of Dublin is hereby adopted by reference as the Housing
Code for the City of Dublin pursuant to the provisions of Section 50022.1 et. seq. of
the Government Code of the State of California except as hereinafter modified in Article
2 of this Chapter.
Section 61.3 Scope. The provisions of this Code shall apply to all buildings or
portions thereof used, or designed or intended to be used, for human habitation. Such
occupancies in existing buildings maybe continued as provided in Section 11.8 of this
Ordinance, except Such as are found to be substandard as defined in this code.
-55-
Where any building or portion thereof is used or intended to be used as a combination~
apartment house-hotel, the provisions of this Code shall apply to the separate portio
as if they were separate buildings. Every rooming house or lodging house shall comply
with all the requirements of this Code for dwellings.
Article 2 - Modifications and Exclusions
Section 62.0 Chapter 1: Title and Scope
Section 62.1 Chapter 2: Enforcement
Section 62.2 Chapter 3: Permits and Inspections
Section 62.3 Section 505, Chapter 5: Sanitation
Section 62.4 Chapter 11: Notices and Orders of Buildin~ Official
Section 62.5 Chapter 12: Appeal
Section 62.6 Chapter 13: Procedures for Conduct of HearinE Appeals
Section 62.7 Chapter 14: Enforcement of the Order of the BuildinK Official of the
Board of Appeals
Section 62.8 Chapter 15: Performance of Work of Repair or Demolition
Section 62.9 Chapter 16: Recovery of Cost of Repair or Demolition
Section 62.0 Chapter 1: Title and Scope. Chapter 1 on page 9 is deleted.
Section 62.1 Chapter 2: Enforcement. ' Chapter 2 on pages 10 and 11 is deleted.
Section 62.2 Chapter 3: Permits and Inspections. Chapter 3 on page 12 is deleted.
Section 62.3 Section 505~ Chapter 5: Sanitation. Section 505 on pages 16 and 17 is
amended by adding new Subsections (h), (i), and (j) to read:
(h)
Garbage Receptacles. An adequate number of appropriate receptacles with close-
fitting covers for garbage and rubbish as may be considered necessary by the
enforcing agency shall be provided for the occupant of every dwelling unit by the
owner or operator of every apartment house, hotel, or combination thereof. Each
receptacle shall be kept in a clean condition and in good repair.
(i) Bedding. In every apartment house or hotel every part of every bed, including the
mattress, sheets, blankets, and bedding shall be kept in a clean, dry, and sanitary
condition, free from filth, urine, or other foul matter; and from infection of lice,
bedbugs, or other insects. The bed linen shall be changed before a new guest
occupies the dwelling unit.
(j) Caretaker. A manager, janitor, housekeeper, or other responsible person shall
reside~6h t~e premises and shall have charge of every apartment house in which
there are sixteen (16) or more apartments and of every hotel in which there are
twelve (12) or more guest rooms, in the event that the owner of any such apartment
house or hotel does not reside upon said premise. If the owner does not reside upon
the premises of any apartment house in which there are more than four (4) but less
than sixteen (16) apartments, a notice stating his name and address, or name and
address of his agent in charge of the apartment house shall be posted in a
conspicuous place on the premises.
Section 62.4 Chapter 11: Notices and Orders of Building Official. Chapter 11 on pages
25, 26, and 27 is deleted.
-56-
Section 62.5 Chapter 12: Appeal. Chapter 12 on pages 28 and 29 is deleted.
Section 62.6 Chapter 13: Procedures for Conduct of HearinK Appeals. Chapter 13 on
pages 30, 31, 32, and 33 is deleted.
Section 62.7 Chapter 14: Enforcement of the Order of' Building Official or the Board of
Appeals. Chapter 14 on pages 34 and 35 is deleted.
Sectto~ 62.8 Chapter 15: Performance of Work of Repair or Demolition. Chapter 15 on
page 36 is deleted.
Section 62.9 Chapter 16: Recovery of Cost of Repair or Demolition. Chapter 16 on
pages 37, 38, and 39 is deleted.
CHAPTER 7 - ABATEMENT OF NUISANCES
Article 1 - General
Article 2 - Requirements
Article 3 - Procedure for Assessments of Cost of Abatement
Article 1 - General
Section 71.0
Section 71.1
Section 71.2
Section 71.3
Section 71.4
Section 71.5
Section 71.6
Section 71.7
Section 71.8
Section 71.9
Purpose
Substandard Property
Substandard Conditions
Abatement
Demolition
Party Concerned
Enforcement Official
Hearing Officer
Right of Entry
Clerk
Section 71.0 Purpose. It is the purpose of the provisions of this Chapter to develop
an equitable and practicable alternative method, to be cumulative with and in addition
to, any other remedy available at law, whereby substandard property which endangers the
health, property, safety, or welfare of the public or its occupants, may be required to
be abated.
Section 71.1 Substandard Property, The term "substandard property" shall include any
building, structure or land upon which substandard conditions exist.
Section 71.2 Substandard Conditions. Substandard conditions shall include but are not
limited to-the following'
(a)
An existing building, structure, electrical, plumbing or mechanical installation
or portion thereof which is dangerous as defined in Section 11.4, which is
substandard as defined in Section 11.5, or which is illegal as defined in Section
11.6.
(b) The existence of any other condition to an extent that endangers the life, limb,
health, property, safety, or welfare of any person.
-57-
Section 71.3 Abatement. The term "abatement" shall include but not be limited to
demolition, removal, repair, vacation, maintenance, construction, replacement,
reconditioning of structures, buildings, appliances or equipment; and to the correctl
or elimination of any substandard condition upon substandard property.
Section 71.4 Demolition. Whenever the word "demolish" or "demolition" is used in this
Chapter, it shall include the removal of the resulting debris from such demolition and
the protection by filling of excavations exposed by such demolition and abandoment of
sewer or other waste disposal facilities as may be required by this Ordinance or other
laws.
Section 71.5 Party Concerned.
(a) As used in this Chapter "party concerned" means the person, if any in real or
apparent charge and control of the substandard property, the record owner, the holder
of any mortgage, trust deed or other lien or encumbrance of record, the owner or
holder of any lease of record, the record holder of any other estate or interest in
or to such property. As used in this paragraph all reference to "record" means
matters of record in the Office of the County Recorder of the County of Alameda which
definitely and specifically describes the premises involved.
Section 71.6 Enforcement Official. The enforcement official or his designee shall be
the person authorized to administer the provision of this Chapter shall be as follows:
(a) The Building Official for matters regulated in Chapters 2, 3, 4, 5, and 6 of this
Ordinance except as set forth in Subdivision (b).
(b) The Alameda County Health Officer for matters pertaining to private water .-
supplies, private sewage disposal systems, infestation of insects, vermin or roden~,
storage and removal of garbage, sanitation of bedding.
(c) The Director of Public Works for matters regulated in Ordinance No. 56-87.
Section 71.7 Hearing Officer. The Hearing Officer authorized to conduct hearings under
this Chapter or his designee shall be as follows:
1. The Alameda County Health Officer in proceedings initiated by the Director of
the Environmental Health Division.
..
2. The City Council in proceedings initiated by the Building Official or Director
of Public Works.
Section 71.8 Right of Entry. Whenever necessary to make an inspection to enforce any
of the provisions of this Code or whenever the Enforcement Official or Hearing Officer
has reasonable cause to believe that a violation of this Ordinance exists in any
building or any premises, or there exists in any building or upon any premises any
condition which makes the building or premises dangerous, substandard, unsanitary, or a
menace to life, health or property, he may enter such building or premises at all
reasonable times to inspect the same or to perform any duty imposed upon him by law,
ordinance, rule, or regulation; provided that if such building or premises is occupied,
he shall first present proper credentials and demand entry. If such entry is refused,
the Enforcement Official shall have recourse to every remedy provided by law to secu~
entry, specifically as provided in Code of Civil Procedure Sections 1822.50 et seq.
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Section 71.9 Clerk. Unless otherwise specified the term "clerk" refers to the City
Clerk of the City of Dublin.
Article 2 - Requirements
Section 72.0 Determination of Enforcement Official
Section 72.1 Informal Notice
Section 72.2 Order of Enforcement Official
Section 72.3 Service of Notice
Section 72.4 Declaration of Substandard Property
Section 72.5 Hearing
Section 72.6 Standards for Abatement
Section 72.7 Order of Hearing Officer
Section 72.8 Work by Private Party of Agency
Section 72.9 Penalties
Section 72.10 Abatement Fund
Section 72.0 Determination of Enforcement Official. Whenever the Enforcement Official
determines by inspection that any existing building or portion thereof, or any lot or
other premises, is substandard property, as defined in this Chapter, such building or
premises, or both, are hereby declared a public nuisance, and the Enforcement Official
may order the abatement of the nuisance by demolition, repair or rehabilitation of the
substandard building portion thereof or at the option of the party concerned by
demolition thereof. The order also may require that the building be vacated. If the
premises are substandard the Enforcement Official also may order that the substandard
conditions be removed.
Section 72.1 Informal Notice. When the Enforcement Official has so found, in addition
to any notices hereafter required by this Chapter, he may give to the occupants of the
substandard property, and to any other person whom he deems should be so notified,
information concerning the provisions of this Chapter, any violation thereof, how the
person notified may comply and any other information as he deems expedient. He may post
such information on the substandard property.
Section 72.2 Order of Enforcement Official.
(a)
If, in the opinion of the Enforcement Official, the property is found to be
substandard, the Enforcement Official may give to the party concerned written notice
thereof.
<b>
The notice shall set forth ~he street address and a legal description or the
County Assessor's designation of the premises, contain a concise but complete
description of the facts constituting the public nuisance with reference to
applicable Code sections; and the proposed method of abatement.
(c) The notice may require the owner or person in charge of the substandard property
to complete the required abatement of the substandard conditions within 30 days, or
such other time limit as the Enforcement Official may stipulate; and shall direct
them to appear before the Hearing Officer at a stated time and place and show cause
why such substandard property should not be condemned as.a nuisance and said nuisance
be abated as herein provided.
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(d) The notice shall advise the owner or person in charge or control of the buildi~
structure or premiese, and all interested persons, that failure to appear at the
hearing may be deemed an admission by him of the acts or omissions charged in the
notice, and that the Hearing Officer may order abatement solely based upon the notice
and the admission of the content thereof; or
(e) EXCEPTION: Whenever substandard property or portion thereof constitutes an
immediate hazard to health or property, and in the opinion of the Enforcement
Official the conditions are such that repairs or demolition or other work necessary
to abate the hazard must be undertaken sooner than provided by the procedures set
forth in this Chapter, he may make such alterations or repairs, or cause such other
work to be done to the extent necessary to abate the substandard condition and
protect health or property, after giving such notice to the parties concerned as the
circumstances will permit or without any notice whatever, when, in his opinion,
immediate action is necessary.
Section 72.3 Service of Notice.
(a) A copy of the notice shall be posted in a conspicuous place upon the building or
structure or otherwise on the substandard property which is the subject of the
proceeding.
(b) Service of the notice upon the party concerned shall be by personal service, by
registered or certified mail. Service by mail shall be effective on the date of
mailing, postage prepaid and return receipt requested, to each person at his addres
as it appears on the last equalized assessment roll, or as known to the Enforcement
Official. If no such address so appears, or is not so know, than the notice shal~
mailed to such person at the address of the building, structure, or premises invoz
in the proceedings. The failure of any owner or other person to receive mailed
notice shall not affect in any manner the validity of any proceedings taken
hereunder. An affidavit of service shall be filed, together with a copy of said
notice, in the proceedings certifying the time and manner in which such notice was
served.
(c) The notice of hearing shall be posted and served at least five (5) days prior to
the date set for hearing.
Section 72.4 Declaration of Substandard Property. The Enforcement Official may file
with the County Recorder a declaration that substandard property has been inspected and
found to be such, as defined in this Chapter, and that all parties concerned have been
or will be notified. After the Enforcement Official finds that the public nuisance has
been abated and that such abatement has been accomplished at no cost to, the City, or
that such costs have been placed upon the tax rolls as a special assessment pursuant to
Section 25845 of the Government Code, or when the Enforcement Official's jurisdiction
has been pre-empted by government acquisition of the property, he shall record in the
Office of the County Recorder a document terminating the above declaration.
Section 72.5 Hearing. The Hearing Officer shall conduct the abatement hearing subject
to the following:
1. The Enforcement Official shall present competent evidence that the subject
property falls within the definition of public nuisance; as to the method
reasonably to correct the nuisance; and as to such other matters deemed
pertinent by the Hearing Officer.
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2. The parties to the abatement hearing shall be entitled to be represented by
counsel.
3. The hearing shall be conducted in an impartial and informal manner in order to
encourage free and open discussion by participants.
4. All testimony shall be submtted under oath or affirmation and shall be subject
to cross-examination.
5. The Hearing Officer shall not be bound by the rules of evidence applicable in
judicial proceedings.
6. The proceedings at the hearing shall be reported by a phonographic reporter or
otherwise perpetuated by electronic means; or in lieu thereof stenographic notes
may be taken and the substance thereof subsequently transcribed.
7. The decision of the Health Officer acting as the Hearing Officer shall be in
writing and shall be final. However, the aggrieved party may appeal such
decisions, by filing a written notice of appeal with the Hearing Officer within
five (5) days after service of the order of abatement pursuant to Section 7-
100.17(e). The appeal shall be heard by the City Council which may affirm,
amend or reverse the decision or take other action deemed appropriate. The
decision of the City Council acting as Hearing Officer is final.
8. Any judicial action to modify or set aside the final decisions shall be
commenced no later than thirty days after the completion and exhaustion of the
foregoing administrative procedures.
Section 72.6 Standards for Abatement. The following standards shall be followed in
substane by the Hearing Officer in determining what, if any, form, of abatement shall be
ordered.
(a) Any order to demolish may initiate an alternative permission to repair and an
order to repair may be satisfied by demolition.
(b) If the condition can be reasonably repaired so that it will no longer exist in
violation of this Ordinance, it shall be ordered repaired.
(c) If the condition renders the building or structure dangerous to the health, safety
or general welfare of its occupants, it shall be ordered vacated.
(d) In any case where a dangerous building or structure is more than fifty (50)
percent damaged, or decayed or deteriorated, it may be demolished.
(d) In all cases where a substandard condition cannot reasonably be repaired so that
it will no longer exist in violation of this Ordinance, it may be demolished or
removed.
Section 72.7 Order of Hearing Officer.
(a)
Within thirty (30) days after the conclusion of the hearing the Hearing Officer
shall render his decision, either terminating the proceedings, or if he finds that
the substandard property is a public nuisance, ordering that it be abated.
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(b) The order of abatement shall set forth the street address of the substandard
property and a legal description of the premises sufficient for identification. ~
shall contain a statement of the particulars of the conditions which render the
building, structure or premises a public nuisance, and a statement of the work
required to abate the nuisance. Reference may be made to the notice of hearing for
such statement of particulars with an appropriate modification thereof.
(c) The order shall specify the dates to commence and complete the work of abatment.
(d) The time to commence or complete the work may be extended for good cause upon
written application.
(e) A copy of the order of agatement shall be posted in a conspicuous place upon the
building or structure or otherwise upon the substandard property; and shall be served
in the manner prescribed for the service of notice of hearing.
Section 72.8 Work by Private Party or Agency.
(a) Any person having the legal right to do so may repair or demolish a substandard
building or do any other work required to remove the substandard conditions at any
time prior to the time when the Enforcement Official does so, but if such person does
such work after the time specified in the last order of the Hearing Officer, all
costs incurred by the City of Dublin in preparation for the doing of such work are
chargeable to the property and shall be collected as hereinafter provided.
(b) If the order of the Hearing Officer is not complied with within the period
designated, the Enforcement Official may then demolish the substandard building ~
portions thereof, or may cause such other work to be done to the extend necessary
eliminate the hazard upon the substandard property and othersubstandard condition_
determined to exist by Hearing Officer.
(c) When in the opinion of the Enforcement Official substandard property or portion
thereof is an immediate hazard to health or property, and the abatement of such
hazard requires prompt action, the Enforcement Official may then abate the
substandard condition or may cause such other work to be done to the extend necessary
to eliminate the hazard as provided in Section 72.2(e) and without amendment to the
order of abatement.
(d) The Enforcement Official may cause the material of any building or structure
ordered to be demolished to be sold. The sale shall include stipulations that the
building or structure be forthwith demolished, the wreckage, and debris removed and
the lot cleaned. The Enforcment Offical may sell any such building singly..~or
otherwise, as he may deem appropriate in order to insure that the consideration
obtained from one or more building shall be adequate to pay the cost of demolition
and cleaning the site. Any surplus from the sale of any such building or structure,
or group of buildings or structures, over and above the cost of demolition and
cleaning the site shall be distributed to persons lawfully entitled thereto. Any
work of abatement performed by the Enforcement Official shall be accomplished in
accordance with appropriate procedures applicable to the City of Dublin.
Section 72.9 Penalties.
(a) A person shall not obstruct, impede, or interfere with the Enforcement Officia .:
his representative or with any person who owns or holds any interest or estate in
substandard building or substandard property which has been ordered by the Hearing
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Officer to be abated or which is abated under Section 72.2(e), whenever the
Enforcement Official or such owner is engaged in barricading, repairing, vacating and
repairing, or demolishing any such substandard building or removing any substandard
conditions from substandard property pursuant to this Chapter, or in the performance
of any necessary act preliminary to or incidental to such work, or authorized or
directed pursuant hereto. Any violation thereof is a misdemeanor.
(b) If the owner or person in control of the substandard property shall fail, neglect,
or refuse to comply with any order of the Hearing Officer, he shall be guilty of a
misdemeanor.
(c) The occupant or lessee in possession or other person in control of a substandard
building, who fails to vacate said building in accordance with any order of abatement
is issued by the Enforcement Official or Hearing Officer, shall be guilty of a
misdemeanor.
(d) Any person who removes any notice or order posted as required or permitted by
Chapter shall be guilty of a misdemeanor.
Section 72.10 Abatement Fund.
(a) The City Council may set up a special revolving fund to be designated as the
Abatement Fund.
(b) The City Council may at any time transfer to such special fund, out of any money
in the general fund of said City, such sums as it may deem necessary in order to
expedite the performance of the work of abatement, and the sum so transferred shall
be deemed a loan to said special fund and shall be repaid out of the proceeds of the
assessment. All funds so collected under the assessment proceedings shall be paid
when collected to the City Clerk who shall place the same in the Abatement Fund.
Article 3 - Procedure for Assessment of Cost of Abatement in Event of Default of Owner
Section 73.0
Section 73.1
Section 73.2
Section 73.3
Section 73.4
Section 73.5
Report of Costs of Abatement
Report Transmitted to City Council
Protest and Ob~ection - How Made
Hearing on.Report
Collection of Assessment
Alternative Collection Procedure
Section 73.0 Report of Costs of Abatement. The appropriate Enforcement Official under
Section 7-100.1 shall keep an itemized account of the next expense involved in the
abatement of any building or structure under Section 7-100.19. Upon completion of the
abatement, the Enforcement Official shall prepare and file with the clerk, a report
specifying the work done,-the cost of the work, a description of the real property upon
which the building or structure was or is located, the names and addresses of the person
entitled to notice pursuant to Section. 7-100.11, and the assessment against each lot or
parcel proposed to be levied to pay the cost of abatement thereof.
Section 73.1 Report'Transmitted to City Council. Upon receipt of the report, the Clerk
shall, within 10 days, put the report on the agenda for consideration by the City
Council. The City Council shall cause notice of the cost of abatement to be given to
those persons entitled under Section 7-100.11. Such notice shall specify the day, hour
and place where the City Council will hear any objections or protests which may be
raised by any person liable to the assessed for the cost of abatement and any other
interested person, and pass upon the report of the Enforcement Official. Notice of
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hearing shall be published at least 10 days prior to the date of hearing in a newsp~p~
of general circulation with the County and which circulates in the area within whic.~- .~
located the building or structure in question.
Section 73.2 Protest and Objection - How Made. Any person to whom notice of hearing
was sent and any person interested and affected by the proposed assessment may file
written protests or objections with the Clerk at any time prior to the date set for the
hearing on the report .to the City Council. Each such protest or objection must contain
the address of the protestor or objector and a description of the property in which the
signor thereof is interested and the grounds of such protest and objections. The Clerk
shall endorse upon every such protest or objection the date it was received by him and
shall present him to the City Council at the time set for hearing.
Section 73.4 Collection of Assessment. The assessment shall be collected in the
following manner:
(a) A copy of the report and assessement, as confirmed, shall be turned over to the
Alameda County Auditor on or before the 10th day of August following such
confirmation, and the auditor shall enter the amounts of the respective assessments
against the respective parcels of land as they appear on the current assessment roll.
(b) The Alameda County Tax Collector shall include the amount of the assessment on
bills for taxes levied against the respective lots and parcels of land.
(¢)
(d)
Thereafter the amounts of assessments shall be collected at the same time and in
the same manner as county taxes are collected, and are subject to the same procedure
and sale in case of delinquency as provided for ordinary county taxes. ~
All laws applicable to the levy, collection and enforcement of county taxes are
applicable to such special assessment taxes.
Section 73.5 Alternative Collection Procedure. Notwithstanding the provisions of
Section 7-100.27 and in lieu therof, in the event of nonpayment of assessment, the City
Council may, at any time within 60 days after its decision on the report and assessment,
cause to be filed in the office of the County Recorder a notice of lien against said
properties of the confirmed assessment upon the following conditions'
(a) From and after the recording of said notice of lien, all persons shall be deemed
to have had notice of the contents thereof. The statutes of limitations shall not
run against the right of the enforcement agency to enfore the payment of said lien.
(b) Ail such assessments remaining unpaid after 30 days from the date of recording of
said lien shall become delinquent and bear interest at the rate of 1% per month
computed upon the date of delinquency and on the first day of each month subsequent
to said date of delinquency. The lien shall continue until the amount thereof is
paid or until it is discharged of record.
(c) If the sum assessed is not paid within 30 days after the day of recording of said
notice of lien, the City Council may direct the City Attorney to bring an action, in
the name of the county, to forclose the lien of assessment.
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SECTION III. Urgency
This Ordinance is adopted as an urgency measure for the preservation of the public
peace, health and safety and shall become effective on.January 1, 1990. The facts
constituting the urgency are that the requirements of the State Housing Law require the
City's Uniform Codes to be effective on January 1, 1990.
SECTION IV. Posting of Ordinance
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least
three (3) public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED AND ADOPTED by the City Council of the City of Dublin on this llth day of
December , 1989, by the following votes:
AYES'
Councilmembers Hegarty, 3effery, Snyder, Vonheeder and Mayor
Moffatt
NOES' None
ABSENT' None
ATTEST'
City Clerk
ii
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