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HomeMy WebLinkAboutOrd 02-84 Bldg Regs ORD I NANCE NO.. 0 2 -:. 8 4 AN ORDINANCE OF THE CITY OF DUBLIN PROVIDING FOR THE REPEAL OF CERTAIN COUNTY ORDINANCES RELATING TO BUILDINr: REGULATIONS ADOPTED BY DUBLIN ORDINANCE NO. 1 AND EXTENDED BY DUBLIN ORDINANCE NO. 13 AND THE ADOPTION OF NEW BUILDING REGULATIONS FOR THE CITY OF DUBLIN AND FURTHER PROVIDING FOR THE ADOPTION OF REGULATIONS FOR GRADINg,. The City Council of the City of Dublin, does ordain as follows: SECTION 1. Chapters 1, 22 3, q, 5, 6 and 7 of Title 7 of the Alameda County Ordinance Code as adopted by Dublin Ordinance No. 13 are hereby repealed. SECTION 2 Chapters 1~ 2~ 3~ ~, 5~ 6 and 7 of the City of Oubltn Building Regulations are hereby adopted to read as follows: CHAPTER 1-ADNINISTRATION Article I - Article 2 - Article 3 - Organization and Enforcement Permits and Inspections Definitions Article I - Organt Section 11.0 Section 11.1 Section 11.2 Section 11.3 Section 11.~ Section 11.5 Section 11.6 Section 11.7 Section 11.8 Section 11.9 Section 11.10 .. Section 11.11 Section 11.12 Section 11.13 Section 11,1~ Section 11,15 Section 11.16 zation and Enforcement Enforcement Right of Entry Stop Work Orders Occupancy or Use Violations papgerous Buildinqs or Installations Substandard Buildings Illegal Bufldingsa Structures or Installations Authority to Order Oisconttnuance of IJttltttes Existing Buildings, Structures or Installations Maintenance Alternate Materials and Hethods of Construction Hodfficattons Tests Appeals LfabfltLT Violation is a Misdemeanor Severabtltty Clause Section 11.0 Enforcement. There is established in the City of Dublin the office of the 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 100.6 of this Ordinance. The Alameda County Health Officer'shall enforce a11 of the provisions of this Ordinance pertaining 1. Private water supply. 2, Private sewage disposal systems. 3. Infestation of tnsects~ vermin or rodents. ~. Storage and removal of garbage. 5. Sanitation of bedding. The City Engineer shall enforce Chapters 8~ 9, and 10 of Title 7 Alameda County Ordinance Code as adopted by the City of Oublin. For purposes of enforcement of the foregoing provisions of this Ordinance the City Engineer and the Health Officer shaT1 hive the same authority and duties that are assigned'to the Building Official in Article I of Chapter I of this Ordinance. The City Engineer, the Building Official, and the Alameda County Health Officer shall have t~e 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 premfses~ or there exists in any building or upon an~ premises any condition which makes the building or premises dangerous, substandard, Unsanitary, or a menace to ltfe~ 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 by this Ordinance or any other applicable law, ordinance, rule or regulation provided that if such building or premises be occupted~ he shall first present credentials and demand -1- 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~ork is being done contrary to the provisions of this Ordfn. 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 time, the notice may be posted in a conspicuous place on the premises. The notice shall state the nature of the violation and the ttme when said use shall be discontinued, and when required, the time which said building or structure or portion thereof shall be vacated. No person shall continue said use or continue to occupy said building or structure, electrical, plumbing, or mechanical tnstallatto% 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.~ Dangerous Buildings or Installations. (al Dangerous Buildings or Structures. For the purpose of this Ordinance, any building or structure which has any or 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. whenever the stress in any materials, member or portion thereof, due to all dead and live loads, ~m~ more than one- and one-half times the working stress or stresses allowed in the Building Code for buildings of similar structure, purpose or location .... Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, 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 butldtngs of similar structure, purpose or location. ' 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. 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; (11) faulty construction; (111) the removal, movement o~ instability or any portion of the ground necessary for the purpose of supporting building; (IV) the deterioration, decay or inadequacy of its foundation; or iV) 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. Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one th(rd of the base. ~ -2- 10. 11. 12. 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 nonsupporttng members, enclosing or outside walls or coverings. Whenever the but;ding or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (!) an attractive nuisance to children; (11) a harbor for vagrants, criminal or immoral persons; or as to (111) enable persons to resort thereto for the purpose of committing un;awful or Immoral acts. Whenever any building or structure has been constructed, exists, or ts maintained tn violation of any specific requirement or prohibition applicable to such building or structure provided by this Ordinance or any law~ ordinance, ru;e or regulation tn relation to the condition, locatton~ or structure of buildings. 13. Whenever any building or structure which, ~hether or not erected tn accordance with all applicable laws and ordinances, has tn any nonsupporttng part, camber or portion, less than $0 percent, or tn any supporting part, member or portion less than 66 percent of the (I) strength; (!1) fire resisting qualities or characteristics; or (111) weather resistance qualities or characteristics required by law tn the case of a newly constructed building of like area, height and occupancy tn the same location. Except that for buildings erected prior to the effective date of Alameda County Ordinance 7~-66 the seismic forces specified tn Alameda County Ordinance 950 N.S. shall be used rather than the seismic forces required by law for a newly constructed building of like area, height, and occupancy tn the same location. 1~. 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 santtatfon faciltttes~ or otherwi~e, ts determined by the Building Official to be unsanftary~ unfit for human habitation or tn such a condition that It ts likely to cause sickness or disease. 15. 16. Whenever any building or structure, because of obsolescense, dilapidated condition, deterioration, damage, Inadequate exfts~ lack of sufficient fire-resistive constructfon~ faulty electric wiring, gas connections or heating apparatus or other cause, ts determined by the Building Official to be a fire hazard. Whenever any building or structure ts tn such a condition as to constitute a public nuisance known to the common law or tn 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 ~henever 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 to the public. (b) Dangerous Electrtcala Pl umbinga or Hechanical 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 tnstallatton~ 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 tn this Ordinance is; not provided, Inoperative; or ts defective, dilapidated, deteriorated so as to fail to function as originally intended. 2. Whenever any installation or any portion thereof because of (!) dilapidation, deterioration, or decay; (11) faulty construction; (111) obsolescence; (IV) Inadequate maintenance, which tn relation to existing use constitutes a hazard to life, health, property or safety. -'Whenever any Installation of any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a hazard to life, health~ property or safety. Whenever any Installation or any portion thereof was constructed, fnstalled~ altered or maintained in violation of this Ordinance so as to constitute a hazard to ltfe~ health, property or safety. 5. Whenever any Installation ts in such condition as to constitute a public nuisance known to common law or tn equity jurisprudence. (c) Unlawful to Haintain. It shall be unlawful to maintain or use a dangerous building or structure, or a dangerous electrtcal~ plumbing, or mechanical installation. -3- (d) Abatement. A11 dangerous buildings or structures, or dangerous electrical, plumbing, or mechanical installations are hereby declared to be public nuisances and may be abated by repatr,'rehabtlitatton, ~ demolition or removal in accordance with the procedures specified In Chapter 7 of this Ordinance or by other remedy available at law. Section 11.5 Substandard Buildings. ^]] 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 ]aw. It shall be un]awful to maintain or use any such substandard building. Except that any condition which would require displacement of sound walls or cei]ings 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 b~iYdtng was constructed, altered or converted in violation of such requirements in effect at the time of construction, alteration, or conversion. Section 11.6 Illegal Buildings= Structures or Installations. Every butldtng or structure or portion thereofj and every electrtcal~ 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 Alameda County Hechanical Code as adopted by Alameda County Ordinance Numbers ~2~ 508, 6~ 120 N.S., and 7q-66, respecttvelyj or any subsequent Alameda County ordinances which amended or readopted said Codes or after the effective date of this Ordinance or any subsequent City of Oublin Ordinances which adopts or readopts said codes is hereby declared to be an illegal building, structure, or installation. All 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 building, structure, or installation or portion thereof which was erected, tnstalled,.constructed, enlarged, altered, repaired, moved~ converted, or improved without a permit. All illegal buildings, structures or installations or portions thereof may be abated by being made to cot to the provisions of this Ordinance or by demolition and remove tn 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 discontin- uance of the supply of electrical energy, fuel gas, or water to any 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.~. 3. A substandard building as set forth in Section 11.5. An illegal building or structure, electrical, plumbing or mechanical installation as set forth in Section 11,6. Such order shall be in writing and shall state the nature of the condition requiring the discontinuance of utilities and the ttme when such utilities shall be discontinued. 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 Buildingsa Structures~ or Installations. Except as required by Section 1210 of the Building Code, and Sections 2~.5(d) and q2.7 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 health, life or property. Electrical, plumbing 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 Hatntenance. All buildings or structures, all electrical, plumbing and mechanical tnstalla- _ lions, both existing and new, and all parts thereof shall be maintained tn a safe and sanitary condition. All devices or safeguards which are required by the Building, Electrical, Plumbing, and .Hechantcal Codes ~hen the building, structure, or installation was erected or installed shall be maintained in good working order. The owner or his designated agent shall be responsible for maintenance of all buildings, structures, installations or systems. Private building se~ers 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 Hatertals and Hethods 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 finds that the proposed design is satisfactory, and that themetertal, method, or work offered is, for the purpose fntended, at least the equivalent of that prescribed in this Ordinance in quality, strength, effectiveness, fire resistance, durability, dimensional stability, and safety. 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 Hodtftcations. ~enever there are practical difficulties involved in carrying out the provi- sions of this Title, 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 Title 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 Code enforcement agency. 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 tn 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 ~rocedure. . _ _ Copies of the results of ~l~*"such tests shall be retained for a period of not'less than two years after the acceptance of the structure. ' ..... Section 11.13 Appeals.* Any persons agrteved with any decision of the Building Official in connection with the application or interpretation of the provisions of this Ordinance or in the approval of alternate materials or methods of construction may appeal to the City Council.-Such ;ppeal shall be in writing and ftled within ten (10) days. The City Council may after hearing, tnterpre~ any provision o~ 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 tmposerequtrements 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 es 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 -5- 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 !.. Revocation of Hodiftcatton of Variance. The City Council may revoke or modify by written order, after a public hearing held upon not tess 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 dnder the particular circumstances. . _ Section 11.1~' Uabflity. This Title should not impose UPon the city or any officer or employee thereof any ltabfltty or responsibility for any damages that may accrue to persons or property as a result of any act required, or by reason of any act or omission of such officer or employee tn the enforcement of this Ordinance. Any suit brought against any officer or employee of the city because of such act or omission performed by him in the enforcement of this Ordinance shall be defended by the city until final termination of the proceedings. Section li.15 Violation as Htsdemeanor. Any person, firm or corporation violating, or causing, or . permitting to be violated, any of the provisions of this Ordinance ts guilty of a misdemeanor, and each such person, firm or corporation is guilty of a separate offense for each and every day, or p~rtton thereof, during which any violation of. any of the provisions of this Ordinance is committed, continued or permitted, and upon conviction shall be punishable by a fine of not more than Five Hundred Dollars (SS00.00) or by imprisonment in the County Jail for not more than six (6) months, or by both. . . Section 11.16 Severabfltt¥ 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 circumstance, is held invalid, the remainder of this Ordinance, the codes adopted by reference by this Ordinance, o~ the application of such provisions to other persons or circumstances shall not be affected thereby. Article 2 - Permits Section 12.0 Section 12~1 Section 12.2 Section 12.3 Section 12.~ Section 12.5 Section 12.6 Section 12.7 ' '" -:? :; : }'".~' ?'; "' ' Section :-:-"' :'" ' .... Sectto. 12.10 ': '-'~'. '.,::{ '.:~.~":'.-:-,:-'.~;,f.;,:~./--'.>::/'<!t~ ~ ' ' ' ::' .:'- -:tX: -';"-.~: 'X~"~''~ ¥'"- :.'~ Section .12.11 Section 12.12 "'.'" '~: ' ~' '"~:"~':'".~"= Section 12.1) '.~ ~ : ..... .":..- . ' '.' "" -':: '{?. :: '.?'.'~"... '. '" Secti on 12.1 .. . . y_. -..-..: .... ~' ~..'.. ..... . , Section. 12.15 Section i2.16 , -... :-: :..-..,. ~._ ..,.~'r~:~ · Section 12.17 .-: .. .. - --.:. -..t-:x-.: '- Section 12.18 and Inspection Permits Required Exceptions Work Permits Application for Permits , Plans and Specifications Information on Plans and Specifications .. Survey Issuance of Permit To Whom Permits Hay Be Issued Responsibility .- Validity Expiration Authority to Not Issue a Permit Suspension or Revocation Fees , Inspections _ Special Inspections Hoved Butldtnqs; Structures~ Installations or Systems Cdrtiftcate of 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 County will be served. Prior to issuance of a permit by the Building Official, a separate permit or approval shall be secured from the Health Officer 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 1#, Chapter $, Title $, Alameda County Ordinance Code. -6- ^dditiona] permits shall be required for perttnen~ accessories regulated by this Ordtnance whtch are proposed to be constructed but not shown on the approved plans or described on the application. A Cradtng Permttmey also be required subject to the provisions of the Alameda County Cradtng Ordinance. Section 12.1 Exceptions. No per=it shall be requtred for the following; however, permits shall be required for electrical, plumbing and mechanical Installations tn any building or structure ltsted tn items 1 throughlY, and permits shall be required for all now construction and substantial improvements that are located within an area of special flood hazard in ~hich case a per;it shall be required as set forth in Article 4 of Chapter 8 of Title 7, Alameda County Ordinance Code as adopted by the City of Dublin. 1. Open wire fences not mere than 16' in height, masonry fences not more than 6' in height, and all other type fences not more than 8' in height. Retaining walls which do not retain =ore than $' of earth when the earth retained is level or where there t~ 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. 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. 4. One-story buildings not more than 400 square feet in area used exclusively for housing animals, poultry, livestock and similar animals end the storage of necessary food, hay or grain for the animals housed therein. $. Agricultural buildings as defined in Section 602 of the Building Code on lots exceeding 20 acres in area which are located in an A Zoning District and ~here the principal use of the land is agriculture. 6. Lath houses and similar sun shade structures with r.oofs which do not shed water, which are not mere than 10' in height and 1,000 square feet in area. 7. Awnings over doors and windows of a Croup R-$ or Croup H Occupancy which are entirely supported by the building and do not project more than fifty-four ($4) inches. 8. Temporary construction offices, and storage sheds which are used on a site where there ~s'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 provision shall not apply to such building remaining on the site 30 days after the completion of construction. 9. Temporary construction o~ftces and storage sheds when stored in a contractor's equipment y~rd; however, this provision shall not apply if such buildings are used for any purpose whatsoever. 10. Raised decks which are less than $0' above the ground at any point and which are not structurally attached to any building. . 11. Treehouses or other structures which are designed to be used by children for play. 12. Recovering existing roofs of Group R-3 or. H Occupancies. 13. Flag poles, radio or TV antennas and towers, less than 35' in height when not attached to a building and less than 20' in hetght when attached to a building. 14. Swimming, bathing, and wading pools, and fish pounds not exceeding 2~' in depth. 15. Prefabricated swimming pools, spas, or hot tubs not exceeding ~' in depth if resting on the surface of the ground or a concrete slab on the ground. 16. Painting, papering and similar finish work. _. 17. Cases, counters, and partitions not over $ feet high. 18. tater tanks supported directly upon grade if the capacity does not exceed 5000 gallons and the ratio of height to diameter or width does not exceed two to one. 19. 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. 20. The replacement of lamps or the connection of portable electrical appliances to suitable receptacles which have been permanently installed. '7- 22. Clearing stoppages or repairing leaks ?n ptpes~ valves, fittings or fixtures when such repairs do not involve the replacement or rearrangement of pipes, valves, fittings or fixtures. But;dings and structures owned by a sanitary dtstr~ct used exclusively for storage~ collection, convey+ and treating sewage. A permit shall not be required for demolition or exploration work that may be necessary in order to determine conditions in connection with a proposed addition or alteration to an existing but;ding ~f an application for a permit ~s on f~le and prior approval for the demolition or exploration work is obtained from the Building Official. Exemption from the requirement of a permit shall not be deemed to be permissible to violate any provision of this Title or any other law, ordinance, rule or regulation. Although permits.are not required by th~s section, any person may obtain inspection services by applying for a permit for such work and paying the applicable fee. Section 12.2 Work Permits. L~censed plumbtng~ electrical, and mechanical contractors may be ~ssued an annual work permit upon the payment of a fee of $100.00. This permit shall authorize the licensed contractors to begin work without a permit for a specific pro, oct provided: The provisions of this section shall not apply to work for new buildings, Or work for additions to any type of butldtng other than a single family dwelling and 1ts accessory buildings. The work {s limited to the trade(s) specifically authorized by the contractor's license(s) and where the work involves trades other than plumbing, electrical, or mechantcal~ a permit when required shall be issued for the work performed by the other trades prior to commencing plumbing, electrical, or mechanical work. It shall be the responsibility of the contractor holding a work permit to be assured that permits required by others have been properly issued prior to commencing any work allowed under the work permit. It shall be the responsibility of the contractor holding a work permit to determine that the work done under any work permit prior to approval and issuance of a permit for a specific pro, oct does not result a violation of the City of Oubltn Zoning Ordinance pertaining to a change of use or an expansion of a nonconforming use~ or does not create a violation of the City of Dublin Building Regulations. If work done under a work permit prior to the approval and issuance of a permit for the specific pro, oct and s; work results in a violation of the City of Dublin Zoning Ordinance or the City of Dublin Building Regulations, the contractor shall at his expense remove the work so Jnstalled or make any necessary corrections so as to eliminate ;atd violations. The contractor shall notify the Building Inspection Department prior to starting any work and the contractor shall have filed in the Building Inspection Oepartment application for a permit for that specific pro, oct within two (2) working days from the con~encement of the work. Any violation of the foregoing provisions by the contractor shall result in an automatic forfeiture of said work permit and the contractor shall not be eligible for the issuance of a new work permit for a period of 12 months. In addition, the contractor shall be charged a double fee for each pro, oct ~n which the foregoing provisions have been violated. Section 12.3 Application for Permits. Every application for permits shall be made ~n 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 h~s authorized agent, who may be required to submit evidence of such authority. description of the work to be done. 5. A description of the proposed use and occupancy of the proposed buildings 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 0fftcial. 7. An authorization to enter the property for the purpose of inspecting the work without an inspection warrant. -8- 8. An indication as to whether the building is to be heated and/or cooled. Section 12.~ 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 untmportant~ork when approved by the Building Official. Engineering calculations, stress diagrams, soil investigation reports, geological investigation reports, test data, electrical toad 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 shat1 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 compldte outline of the testing and Inspection program proposed when special Inspection is required pursuant to Section 12.16. In the case of an application for a permit for a butldtng shell only~ calculations and data pertaining to compliance with the building envelope standards of the State Energy Conversation Standards shall be submitted; and the building envelope shalt be made to conform to the Energy Conversation Standards for a building which is both heated and cooled. Section 12.5 Information on Plans and Specifications. Plans shall be drawn to scale on substantial paper or cloth 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, ordfnances~ 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 property and the name, address and signature of the person who has prepared the plans'; Tine 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 dratns~ 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 a 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 Section 81.8 and Section 81.9 Alameda County Ordinance Code as adopted by the City of 0ubltn, the Building Official may waive the requirements for a grading and drainage plan. Section 12.6 Pla~s. 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. The Building Official may waive the requirements for such a plat for minor buildings or structures on parcels containing substantial existing development or where a plathas been previously submitted for a permit and where there have been no substantial changes In the evaluations of the finished grade. The plat shall show the location of all above ground structures, retaining wells, 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~'suc~ as underground storm dratns~ 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 then 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 be not required for parcels exceeding one acre located in a R1 or A Districts however, the following shall be provided= 1. Contours within 100 feet of any proposed building. -9- 2. Contours or a profile of any existing or proposed access driveway, The Building 0fffcfal may waive this requirement when the applicant can otherwise demonstrate that the access driveway is in conformance to~m~ section 7701 for width alignment and grade and any cut or fill slopes in connection with the constructf 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 th~ tssuance 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 ltne 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, and a statement of this compliance shall appear on the plat as follows: "This plat correctly represents a survey made by me or under my direction and I have conformed with the requirements of the Land Surveyor's Act, Section 8700~ et seq., Business and Professions Code. (Signed and sealed) L.S. (or R.C.£.) No. " Section 12.7 Issuance of Permit. If it appears upon examination of the applications 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. t~hen 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 the site of the construction or work. The approved plans shall not be ch~l~ without approval of the Building Official. All work authorized by the permit shall be done in accordance with approved plans. Permits are n6t 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 retained by Section 19850 of the Health and Safety Code of the State of California. Section 12.8 To Whom Permits May Be Issued. Permits may be issued to any person not acting in violation of Chapter 7~ Division 3, of the Business and Professions Code of the State of California (Contractor's License Law). Section 12.9 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 regulation, and to call for and make arrangement for the inspection of the work. If after inspection by the Building Offtctal~ correction of work completed is necessary~ the holder of the permit shall be respohstble for such correction. Section 12.i0 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 ~hts. Ordtnance, or any other law~ ordtnance~ rule or regulation shall not be valid except insofar as thework 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, o~ any other applicable law, ordinance, rule or regulation. Section 12.11 Expiration. (al 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. ~ -10- Prior to the issuance of any permit required by this Chapter, th~ applicant shall pay the fees as established' by resolution of th~Ci'ty ~C°unctl. where work for ~htch a permit -~s requ'~r~ed by thts Chapter is started or proceeds prior to obtaining said permit,'~he'permtt fee shall be, as'a minimum, doubled and may be increased up to three times the original amount depending on the circumstance of violation. The payment of such penalty fee shall not relieve any person from fully complyt~ng with al! of_~he provisions of this Ordinance. The' payment of a penalty-fee ~Sh'ali '~Ot~.be required ~he'r~e 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 ~hen the work'was done or caused to be don® by~a previous ewner of the property. The determination of value or valuation under any of the provisions of this Ordinance shall be made by the ~Butldtng Official. The value 'to be used tn computing the but)ding permit and permit processing fees shall b® the total value of all construction work for ~hfch the permit is issued as ~ell as all finish work, patnttng~ rooftng~ electrical, plumbing~ heating, air condtttontng~ elevators~ fire extinguishing systems and any other permanent equipment at the time the permit is issued. o (b) Permit Processin9 Fee.~ Each application for a permit shall be accompanied by a fee equal to ~0% 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 coemenced, no portion of the permit processing fee shall be refundable. (c) Refunds. Sixty percent (60%) of any permit fee ma~ be refunded to the applicant prior to the expira- tion of the permit provided that the~ork authorized under the permit has not commenced. Thirty percent of the permit fee may be refunded to the applicant after a permit has expired provided that the ~ork has not commenced~ but in no case shall any refund be a~lo~ed after one year from the date of expiration of the permit. 'Requests for refund shal] be in writing. Any expenses Incurred by the City other than the permit processing fee may be deducted from~he refund. If there was ~n error in calculating the 'amount of the permit fee and such error resulted tn overpayment of the permit fee~ the amount of overpayment may be refunded, where permits are issued for work outside . of the'jurisdiction of. City of Dublin due to an error in the location of the property, the entire fee · shall be refunded. Id) 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 cempletton 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. % of Original Completed Inspections 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 ' 2~ ~. If the underfloor frame inspection has been made 21 5. If the rough electrtc~ rough plumbtng~ and rough mechanical inspections 18 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 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 ts not conventional wood-frame construction, or does not constitute a complete buildtng~ 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 20% or be less than ~%; however~ in no case shall the fee be less and $20.00. -12- Exception: whenever a permit ts 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 tnstallatt or to otherwise abate a nuisance, the Building Offtcta! shall establish a reasonable time for the completion of the work. · where permits for mOre than one building on the same site are Issued to the same applicant, the total valuation of a;1 the pe.rm:its shall be used for determtng when the permits expire. (b) Applications. Every:"appi~Catton 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. ~ . _ (c) Extensions. One extension of the expiration date may be allowed for good cause upon written appli- cation therefor prior to the e~ptr~tton date. Requests for extensions shall indicate the necessary time to complete the application or work and the reasons therefor. Where work has not commenced, extensions shall not be allowed tf there has been revisions to any applicable law, ordfnance~ rule or regulations which would otherwise prohibit the proposed construction. Any extension shall also require all work to conform to any applicable law, ordinance, rule, or regulation tn effect at the ttme of the extension. Where work has commenced but has not been completed, extensions may be allowed, but tn allowing an extension the Building Official may require the work to comply with any appltcab;e law, ordinance, rule or regulation tn effect at the time of the extension. In requiring compliance with new caws,' ordinances, ru~es or regulations, the Building Officia] shall consider the practical difficulties In making changes to existing construction. An extension may be allowed'f~ an application for a permit, but the work sha;l comply with applicable 'laws, ordinances, ~u]es 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 J;ill~. because of the extension. Section 12.12 Authority to Not Issue a Permit. The Building Official may refuse to issue any permit wher~ tt 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 ~cttve fault. 3. The proposed work will conform to Article ~ of Chapter 8 of ?itle 7. ~. 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 1~15. -. Section 12.13 ~uspension or Revocation. The Building Official may, tn 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 supplted~ or In violation of this Ordinance~ rule or regulation. Section 12.1& Fees. (a) General. The provisions of this Section apply to fees collected by the Building Official. The City Council shall, by resoluttpn, adopt a schedule of fees for permits, reinspecttons~ code compliance surveys, mOved building inspections, plan and specification storage fee~ additional plan checktng~ hourly rates for inspection services not covered by specific fees~ and fees authorized by Alqutst-Pr$olo Geologic Hazards Zones Act. -11- where a ne~ 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 fees shall be based upon the fee schedule in effect at the time of the issuance of the new permtt. (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 Official. However, additional fees shall be required when the permit fee calculated for both the original work and the work tn 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 tn use or tn the number of guest rooms or dwelling untts 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) Retnspecttons. Where an inspection is made and corrections are required and said corrections require more than one retnspectton, 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 retnspection fee shall be paid prior to making the reinspectton. (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 tn compliance with this Ordinance and the City of 0ubltn Zoning Ordinance. (h) Moved Building Inspection Fee. Prior to application for permits to move a building, structure, electrical, plumbing or mechanical tnstallattons*a moved building inspection shall be required. (t) 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 C~ecking. A rechecking fee shall be paid prior to performing additional plan checking or prior to approval of the pl'ans 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, orwhere 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 12.15 Inspections. (a) General. All construction or work for which a permit is required shall be subject to Inspection by the Building 0fftctal and certain types of construction shall have continuous inspection by special tnspectors~ as specified tn Section 12.16. (b) Approvals Required. No work 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 0fftctalo 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 ts provided for that purpose. All tests required by this Chapter_shall be conducted tn' the presence of the Building Official. If the work will not pass the tests necessary corrections shall be made and the work shall be retested. If the work Inspected does not comply 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 tn 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. -13- (c) Covering or Using. No work shall be covered, concealed, or put to use until it has been tested, inspected, and approved as prescribed by this Ordinance and any other law, ordinance, rule or regulation. Any such work ~htch 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. id) Called Inspections. The permtttee or his agent shall notify the Building Official when construction work is ready and make the necessary arrangement for inspection of the work for each of the following Inspections. 1. Underground: When the excavation for any underground gas, water, sewage, steam, electrical 11ne,, cables or conduits, or any ventilating ducts, septic tanks or fuel tanks or drainage ftelds, which have been completed and all such lines, cables, conduits or ducts and tanks are in place and are ready for any requtredtests, but before backfilling. 2. Foundation: When the excavation for foundations is completed and forms and required reinforcing steel are in place but before any concrete ts placed. 3. 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 ts placed. . . ~. Underfloor Framing: When all the underflocr framing, bractng~ and supports are in place and when all underfloor, electrical, plumbing, and mechanical work is in place but before any flooring is - installed. $. Rough: When the roof~ wolls, floors, framtng~ 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. 6. Wood Frame: when all roof, wall, floor, framing, bracing, blocking, and chimneys are in place and all electrical, plumbing and mechanical work ts in place but before any such work is covered or concealed. 7. Reinforced Concrete: when forms and reinforcing steel, sleeves, and Inserts, and all electrical, plumbing, and mechanical work ts tn place but before any concrete is placed. ~ 8. Structural Steel: When all structural steel members are in place and all connections are complete before such work ts covered or concealed. Reinforced Masonry: In grouted brtck mesonrywhen the vertical steel is in place and other reinforcing steel~ bolts~ anchors, and inserts are distributed and ready for placing, but before any units are laid up. In grouted hollow untt 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. 10. Insulation: When all insulation Is in place but before the insulation is covered. 11. Lath: When all backing and lathing, interior and exterior, is in place but before any plaster is applied. 12. Wallboard: when all wallboard is in place but before joints and fasteners are taped and finished. 13. 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. Fire Dampers: When the fire dampers are Installed in the openings to be protected but before the ducts are connected. .. 15. Final= when all construction work including electrtcal~ 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. (el Other Inspections, In addition to the foregoing called Inspections, the Building Official may make or require any other inspection of any constructionwork to ascertain compliance with the provisions of this Ordinance and any other law, ordinance, rule or regulation. Section 12.16 Special Inspections. In addition to the inspection required to be made pursuant to Section 12.15, the o~ner shall employ a special inspector who shall be present at all times during construction of thrill~ following work: 1. Reinforced concrete~hen the structural design ts based on an f' in excess of 2,000 pounds per square inch. c 2. Ductile moment-resisting concrete frame. As required by Section 2625(h) of the butldfng code. Reinforcing steel and prestressing steel: During all stressing and grouting of prestressed concrete. B. During placing of reinforcing steel, plactng of tendons and prestressing steel for all concrete required to have special Inspection by Item No. ~. .. q. Welding: A. Ouctile moment-reststtng steel frames. As required by Section 2722(f) of the building code. B. All structural ~eldtng~ including welding of reinforcing steel. EXCEPTION: 1. When ~eldtng 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. High Strength Bolting. During all bolt installations and tightening operations. Structural Nasonry: During preparation of masonry wall prisms, sampling and placing of all masonry units, placement of retnforcement~ inspection of grout space~ tn~nediately prior to clostng of cleanouts and during all groutfng operations. Where the f" is less than 2600 psi and special inspection stresses are used~ test specimens may consist of either on~ prt~m test for each SO00 square feet of wall area or a series of tests based on both grout and mortar for the first three consecutive days and each third day thereafter. EXCEPTION: Special inspection will not be required for structures designed in accordance with the values ~n appropriate tables for noncontinuous Inspection. 7. Reinforced Gypsum Concrete: When cast-tn-place Class 'B" gypsum concrete is being mixed and pleced. 8. Insulating Concrete Fill: During the application of insulating concrete fi1; when used as part of a structural system. 9. Applying Spray on Fire Roofing. 10. Pile Driving. 11. Preparation of the site for and the placement of ftlls~ and installation of subsurface drainage factl~ties~ as required by Section 2903 of the Building Code. 12. When required by the Building Official for special construction or ~ork Involving unusual hazards, new construction methods~ special testing, or which requires constant inspection. Prior to the issuance of a permit, the o~ner shall submit a complete description of the testing and inspection program for approval by the Building Official. The special inspector shall be a qualified person who has demonstrated his competence to the satisfaction of ~he 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 6329-70 (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 during his personal continuing observation of construction work at the construction site in all stages of progress. -15- Section 12.17 Hoved Butldtn~s~ .Structures~ Installations or Systems. Notwithstanding the provisions of Section 11.8~ all existing buildings or structures, Including ali electrical, plumbing or mechanical tnstallattons~ and all existing electrical, plumbing and mechanical installations which are moved into or wttht~111~ the City of Dublin shall comply with ali ~he requirements of this Ordinance for new butldtngs~ structures~ or installation. Hoved apartment houses and dwellings may retain existing materials and methods of construction. However~ this Section shall not be interpreted to permit the moved apar~ent house or d~elltng to become or continue to be a dangerous building as defined in Section 11.~ or a substandard building as defined tn 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 0ubltn, the Butldtn~ Official shall inspect the building, structure~ electrtcal~ plumbtng or mechanical installation proposed to be moved for conformance to this Ordinance and any other law, ordinance, rule or regulation.- The Building 0fftcfal 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~ electrtcal~ plumbing or mechanical Installation proposed to be moved the Building 0fftctal determines that it is not practical to alter the butlding~ 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 0fftctal shall notify the applicant in writing, stating the reason for such denial. After the building has been moved tt 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 foundatfon~ said building shall be deemed to be a public nuisance and may be abated tn accordance with the procedures specified in Chapter 7 of this Ordinance or by any other remedy available at law. Section 12.18 Certificate of. Occupancy. (a) General. No building, structure, electrical, plumbtng or mechanical Installation or portion thereof shall be occupied or used unless the Building 0fftctal has made a final Inspection and approved all work. No person~ firm or corporation shall supply water~ electrical energy or fuel gas to any butldtng~ structure~ electrical plumbing or mechanical installation until tt has been inspected and approved by the Building 0fftctal. The Building 0ffictal may withhold approval to supply water~ electrical energy~ or fuel gas to any bufldtng~ structure~ electrical, plumbing or mechanical Installation until there is full compliance with this Ordinance and any other law~ ordfnance~ rule or regulation. (b) Final Inspection. Final inspection and approval noted on the inspection record card shall be deem. to be authorization to occupy or use any butlding~ structure, electr~cal~ plumbing or mechanical installation providing the occupancy or use is tn accordance with the occupancy or use stated on the permit application. (c) Temporary. The Butldlng 0fftcfal may authorize occupancy or use of a portion of a building, structure~ electrtcal~ plumbing or mechanical installation providing such portion thereof has been Inspected and approved and that no hazard would result.by such occupancy or use. The Building 0fficial in granting temporary authorization to use or occupy may Impose any reasonable conditions that may be necessary to protect lffe~ health, and property and may tnclude a time limit. Such temporary authorization may be revoked for violation of conditions and shall expire at the time specified. The Building 0fftctal may order any person~ firm or corporation supplying water, electrical energy, or fuel gas to discontinue supplying water, electrical energy, or fuel gas when a temporary authorization to occupy or use has been revoked or expired. (d) Issuance of Certificate of Occupanc7. ~hen requested within' ten (10) days of the final inspection and approved by the permfttee or the owner, the Building 0fftctal shall issue a written Certificate of Occupancy of the work authorized and completed under any permit. The declaration shall contain: 1. The permit number, date, and date of final inspection and approval. _.The.address of the building or structure or the legal description of the premises where the work was performed. 3. The name and address of the owner. A description of that portion of the building or structure for which the declaration is issued or a description of the work completed. 5. A statement that the described work complies with this Ordinance tnsofar as each may apply to the building or structure or work completed. Any limitations or conditions that may apply to the occupancy or use of the building, structure~ A electrical, plumbing or mechanical installation. -16- ~rt~cle 3 o Deftn~t~s Section 13.0' Section 13.1 Section 13.2 Section 13.3 Section 13.~ Section 13.5 .... · ,,Section 13.6 Applicability ,.,..,Building Official Electrical Installation Health Officer Mechanical Installation ~lumbtng Installation This Ordinance Section 13.0 Applicability. For the purpose of this Ordinance, certain ~erds and phrases are defined and shall be construed as set out tn this Article. Section 13.1 Butldtn90~ftcial. The Butldtng 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, radio, 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.~ ~chantca~ Installation. Hechanfcal installation is any appliance, device, equipment, system or apparatus used for or tn"connectton with heating, ventilating, refrigeration or incineration. : ~, Section 13.~ Plumbtn~ Installatt°n. Plumbing installation ts the use of water, all potable water supply and distribution pipes~ ali fixtures and traps, ali drainage and vent pipes and ali building dratns~ ail private sewage disposal systems, including their respective ~oints and connecttons~ devices, receptables and appurtenances within property lines of the premises and shall ~tnclude potable water pip'lng, potable water treating or using equipment, fuel gas 'piping', water heaters and vents for same. ~' ..... Section 13.~-This ~r~f~ancc, Whenever the te~ this Ordinance. is used, it sha~l also mean the codes adopted ." .by this Ordinance.. . ' - . CHAPTER 2 - BUILDING CODE Article I -Tttle and Scope Article 2 Exclusions and ~odiftcattons Article I -Tttle and Scope Section 21.0 Tttle Section 21.1 Purpose Section 21.2 ~doptton Section 21.3 . Scope Section 21.~ Exceptions Section 21.5 .Addittonsa Alterattonsa 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 Oublin 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 health, safety~ and general welfare of the pecple '~f t~e City of Oublin 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. Section 21.2 Adppt~pn. Certain documents, three (3} of which are on file in the office of the City Clerk of the City of Dublin, being marked as "Uniform Building Code 1982 Edttton~' and "Uniform Building Code Standards" published by the International Conference of Building Officials is hereby adopted by reference as the Building Code for the City of Oublfn pursuant to the provisions of Section 50022 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, converston~ occupancy, equtpptng~ use, and maintenance of any building or structure within the C~ty of Oublin. -17- 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 are not identical, those limitations shall prevail which provide greater safety to life, health, property or public welfare. Section 21.~ Exceptions. The provisions of this Code shall not apply to= 1. Work located in a public street. Trailer coaches, campers, mobile homes, ~otor 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. 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. Towers or poles supporting communication 11nas or power transmission lines. $. Dams, flood control *and drainage structures. 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 Addtttons~ Alterattonst 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. (b) Addittons~ Alterattons~ or Repairs. Additions, alterations or repairs may be mdc 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, alterations or repairs shall not cause an,existing building or structure to become unsafe or overloaded. Any building so altered, which involves a change in use or occupancy, shall not exceed the height, number of stories or area permitted for new buildings. Any building plus new addtt~ shall not exceed the height, number of stories and area specified for new buildings. Alterations or repairs to an existing building or structure which are nonstructural and do not adversely affect any structural member of any part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is constructed. EXCEPTION: The installation or replacemont of gla~s shall be as required for new installation. (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.~ 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 peri'it 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 butld~ng 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 or addition to an existing building, separate gas and electrical meters shall be provided. (d) Special Provision for Additions to Apartment Housesa Hotels~ and Dwellings. Notwithstanding the provisions of Section 11.8 of this Ordtnance 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, Oivtston 3 Occupancies, the entire building shall be provided with smoke detectors located as required for new Group R, Division 3 Occupancies. -18- Notwithstanding the provisions of Section 11.8 of this Ordinance whenever an addition exceeding 50 square feet in area is mede to an existing apartment house~ hotel or dwelling any accessible attic in the original structure shall be tnsulatod with material having an R value of 19. For the purpose of this Section an accessible attic means an attic where there is a minimum of 30 inches from the top of the ceiling Joist to the underside of the roof rafter at the highest point in the attic. (el Repair of Roof Covering. Roof covertngi may be repaired or replaced with materials or methods of construction similar.to the ortgtnal roof covering except that where the roof covering is required to be fire re=ardan= any ne~ roof covering shall be fire re=ardan=. Article 2 - Exclusions and Modifications ' . Section Section ~Sectton Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section deleted, 22.0 22,1 22,2 22,3 22,~ 22,5 22.6 22,7. 22,8 22,9 22,10 22,11 22,12 22,13 22,1~ 22,15 22.16 22,17 22,18 22,19 22.20 22.21 22,22 22,23 22,2k 22,25 22,26 22,27 22,28 22,29 22,30 Part I: Administration Section ~07; Chapter ~ Part I1: Definitions Section ~09~ Chapter ~ Part I1: Definitions Section ~13; Chapter 4~ Part I!: Definitions Section 502~ Chapter S; Part II1: Change in Use Section 506, Chapter $, Part Ii1: Allo~able Area Increases ~able 5-A~ Chapter $; Part III ~al! and Opening Protection Based on Location on Property Section 901; Chapter 9; Part II1: .~roup I'Occupanotes Defined Section 1202(b)t Chapter 12t Part I!1: Special Provisions Section 120% Chapter 12: Part II1: Exit Facilities ~able 23At Chapter 23; Part VI: Uniform and Concentrated Loads Section 2901; Chapter 29~ Part VI: Scop~ Section 2903~ Chapter 29; Part VI: Excavations and Fills Section 2905; Chapter 29~ Part VI: Foundation Investigation Section 2910; Chapter 29; Part VI: Drainage Section 3705(f); Chapter 37~ Part VI: Height and Termination Section ~01; Chapter ~; Part VIII: Protection · Section ~02~ Chapter ~; Part VIII: Temporary Use of Streets and Alleys Section 4~03~ Chapter Section ~0~ Chapter Section ~05: Chapter Section ~501~ Chapter Section ~$02~ Chapter Section ~503~ Chapter Section ~508; Chapter Chapter 1~ Appendix:' Chapter Section Chapter Chapter Sec=ton ~)! Part VIII: Storage on Public Property ~% Part VIII: Hixing Mortar on Public Property ~ Part VIII: Protection of Utilities 45: Part VIII: General 45z Part VIII:. Projection into A11ey~ 45z Part VIII: Space Below Sidewalks ~5~ Part Vl!.l: Signs Life Safety Requirements for Existing Buildings $2~ Appendix: Rerooftng 3S01(a)~ Chapter 3S, Appendix: Sound Transmission Control 53t Appendix: Energy Conservation in New Butldtng Construction 70t Appendix: Excavations and Grading 7100; Vehicular Access 22.0 Part I: Administration. Part I, including'Chapters 1, 2, and 3 on pages 21 through 37 is Section 22.1 Section 407~ Chapter 4m Part I1: Definitions. Section ~07 definition of family on page 43 is amended to read: FAMILY is an Individual or two or more persons related by blood or marriage or a group of not more than six (6) persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit. Section 22.2 Section ~09~ Chapter ~m Part I1: Definitions. Section ~09 definition of hotel on page ~S is amended to read= HOTEL is any building containing more than six (6) guest rooms intended or designed to be used, or which are used~ent~d or hired out to be occupted,.or which are occupied for sleeping purposes by guests. Section 22.3 Section ~13~ Chapter ~ Part I!: Definitions. Section q13 definition of lodging house on page q6 is amended to read= LODGING HOUSE is any building or portion thereof containing not more than six guest rooms which are used by not more than six guests where rent is paid in money, goods~ )abor or otherwise. Section 22.q Section 502t Chapter 5~ Part !11= Change in Us~. Section 502 on page SO is amended to read= No change shall be made in the character of occupancies or use of any building which would place the building in a different division of the same group of occupancies, unless such building is mede to comply with the requirements of this Code for such division or group of occupancy. -19- EXCEPTION: The character of the occupancy of existing building may be changed subject to the approval of the Building Official and the butldtng may be occupied for purposes in other groups without conforming to all the requirements of this Code for those groups, provided the new or proposed use is less hazardous,~ ·~ based on life and fire risk, than the existing use. No change in the character of occupancy of a building shall be made without a Certificate of Occupancy, as required in Section 12.18 of this Ordinance. The Building Official may issue a Certificate of Occupancy pursuant to the intent of the above exception without declaring that the building complies with a1'1 the provisions of this Code. Section 22.S Section 506= Chapter 5a Part !11: Allowable Area Increases. A new Subsection Id) is added to Section 506 on pages Sq and SS to read= (d) Yard Restriction. The increase tn area permitted by Subsections ia) 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 Recorderts Office. Section'22.6 Table S-Aa Chapter 5; Part II1: Wall and Openin~ Protection Based on Location of Property. Table $-A 'Wall and Opening Protection Based on Location of Property" on pages .59, 60, and 61 ts amended by changing the description of the Croup I Occupancy to read= 1. Nurseries for full-time care of children under the age of six (each accommodating more than six persons) hospitals, sanitariums, nursing homes with nonambulatory patients, and similar buildings (each accon~nodattng more than six persons). 2. Nursing homes for ambulatory patients, homes for children six years of age or over (each accommodating more than six persons). 3. Hental hospitals, mental sanitariums, Jails, prisons, reformatories, and buildings where personal liberties of inmates are similarly restrained. Section 22.7 Section 1001~ Chapter 10t Part I!!: Group I Occupancies Defined. Section 1001, Group I Occupancies defined on page 85 is amended to read: Division 1. Nurseries for the full-time care of children under the age of six (each accommodating more than six persons). Hospitals, sanitariums, nursing homes with nonambulatory patients and similar buildings (each accom=odatfng more than six persons). Otvision 2. Nursing homes for ambulatory patients, homes for children six years of age or over (each accommodating more than six persons). Division 3. Hental hospitals, mental sanitariums, Jails, prisons, reformatories, and buildings where personal liberties of Inmates are similarly restrained. For occupancy separations, see Table No. 5-B. EXCEPTION: Croup I Occupancies shall not include buildings used only for private residential purposes or for a family group. Section 22.8 Section 1202(b)~ Chapter 12t Part I!1: Special Provisions. Section 1202(b) on page 89 ts amended to read: (b) Special Provisions. Croup R, Division I Occupancies more than two stories in height or having more tha~. 3000 square feet of floor area above the first story shall be not less than one-hour fire-resistive construction throughout except as provided in Section 1705(b) 2. Storage or laundry rooms that are wibhtn Croup R, Division I Occupancies that are used in comon by tenants shall be separated from the rest of the building by not less than one-hour fire-resistive occupancy separation. Every apartment house three stories or more In height or containing more than 1S dwelling units and every hotel three stories .or more tn height or containing 20 or more guest rooms shall have an approved fire alarm system as specified in the Fire Code. Automatic fire extinguishing systems installed in any structure subject to this Section shall have an~ml~ approved flow indicator electrically Interconnected to the fire alarm system. -20- For Group R, Division I Occupancies with a Group B, Divfston 1 parking garage in the basement or first floor, see Sectton 702(a). For attic space partitions and draft stops~ see Section 2516(f). Section 22.9 Section 120% Chapter 12; Part II1: Exit Facilities on page 90 is amended by adding a ne~ paragraph at the end of the Section to read= in single family dwellings not exceeding two stories in height egress windows from sleeping rooms may be omitted ~hen an additional doorway or an approved exit escape hatch and route to safety is provided for egress from such rooms. The doorways provided shall open directly to the exterior of the building or shall open onto corridors or passageways or areas which lead to individual exterior exits. The separate exiting paths to the individual exterior doorways provided shall not cross nor shall they follow the same route in ~hole or in part to the building exterior. Approved exit escape hatches shall be installed in accordance with the terms of their approval. :' Section 22.10 Table 23-A~ Chapter 23t Part VI= Uniform and Concentrated Loads. Table 2)-A on pages lqO and 1~1 are amended by adding a new Footnote 9 to read: 9. Bridges for vehicular traffic shall be designed for H20 loading as designated by the American Association of State Highway Officials. Section 22.11 Section 2901t Chapter 29= Part VI= Scope. Section 2901 on page 513 is amended to read: Section 29.10 Scope. This chapter sets forth requirements governing grading dratnage~ mitigation of geo- logic hazards, excavations and fills for any building or structure, and for foundations and retaining struc- tures. are Section 22.12 Section 2903t Chapter 29~ Part VI: Excavations and Fills. Section 2903 on pages 513 and 51~ amended to read= (al 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. (bi Excavations. Except when permitted under a valid Grading Permit as set forth in Section 11S.1 of Chapter 9 of Title 7 of the Alameda County Grading Ordinance as adopted by the City of Dublin, the slope of cut surfaces of permanent excavations shall not be steeper than 2 horizontal to 1 vertical. The slope of cut surfaces shall not be steeper than the bedding planes or principal joint sets in any formation where the cut slope will lie on the dip side of strike line un]ess the soils and geologic investigations contain recommendations for steeper slopes. 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. (c) Fills. The 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, fills not placed in accordance with this Ordinance, topsoil and othe¢ unsuitable material and where slopes are $ horizontal to 1 vertical or steeper by benching into sound bedrock or other competent material. Earth materials which have no more than minor amounts of organic substances and have no rock or similar irreducible material with a maximum dimension greater than 6 inches shall be used. Continuous inspection by a special inspector as defined in Section 12.16 shall be required in the following situation. _. 1. During the preparation of a site for, and the placement of fills which exceed 5 feet in depth on slopes with exceed !0 percent and during the placing of such fills. 2. During the preparation of a site for, and the placement of any fill which will be used to support any building or structure and during the placing of such fills. During the installation of subsurface drainage facilities. All such fills shall be compacted to a minimum of ninety (90) percent of maximum density as determined by UBC Standard 70-1. Field density shall be determined in accordance with UBC Standard 70-2 or equivalent method as approved by the Building Official. -21- EXCEPTION= Fills supporting slabs where expansive soils are present may be compacted as recommended in the sot1 and geologic investigation reports. ~ Fills or other surcharge loads shall not be placed adjacent to any building or structure unless such building or structure is capable of withstanding the additional loads caused by such fill or sUrcharge. (d) 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 197~ and which was placed in conformance with the Alameda County Ordinance 950 N.S. effective October 1, 1965s need not have continuous inspection. Ali other fills which exceed $ 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 ls 197~, shall be altered or completely removed and replaced so as to conform to Section 2903(c)o Any fill placed after August 1, 197~ which exceeds $ 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 inspectors shall be altered or completely removed and replaced so as to conform to Section 2903(c). (e) Erosion Control. The faces of cut and fill slopes 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 practtcab]e and prior to ca]ling for final inspection and approval. Approva] of occupancy may be withheld by the Bui]dtng Official until such protection has been installed. Where cut slopes are not subject to erosion due to the erosion resistant character of the materfa]s, such protection may be omitted. ('f) Setback. Unless otherwise recommended in a soil and geologic investigation report set forth in Section 2903~ Table 70-C on page 736 shal! be used for establishing setbacks for buildings and structures other than fences and retaining walls from the top or toe of permanent cut or iii1 s]opes. (g) Protection of Adjoining Property. The rights of coterminous o~ners shall be as set forth in Section 832 of the Civil Code of the State of California. · Section 22.13 Section 2905~ C~apter 29; Part VI: ,~oundatton Investigation. Section 2905 on pages $1~ and 515 is a~nd~ to read: A Section 2gOS Sot1 and ~olo~ic investigation, (a) ~hen Requi.~.ed. 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-1 Occupancies. A sot1 investigation shall not be required for additions to existing dwellings unless conditions c~ted in Items 2 through 11 exists. EXCEPTION: A sot1 investigation shall not be requt~ed for H Occupancies. 2. When the allowable soil pressure used in the design of the foundation exceeds 2,000 psi. 3. When the building is proposed to be supported in fill. .. ~. When the =lope of the natural ground witJlin 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 fi1] 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 sotlss or that the recommendations of a sot1 engineer are suitable. 7. When required under Section 7100(c), Vehicular Access. 8. 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 17s 1965. Where highly expansive soils or other sot1 conditions are present within a subdtviston~ which if not corrected would lead to structural defectss a sot1 and/or geologic investigation report shall be required for each lot in the subdivision. 9. On a building site traversed or suspected to be traversed by a potentially active fault. -22- -'10. In areas of known or suspected geological hazards, Including landslide hazards and hazards froe earthquake caused ground shaking. 11. 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. (b) Prior Reports. All 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. (c) 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 ts 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 tn appropriate locations. Additional studies may be necessary to evaluate soil strength, the effect of moisture variation on soil, bearing capactty~ compressibility and expansiveness. (d) Reports. The sot1 and geologic investigation report shall contain all of the following as they may be applicable to the particular site and any recoe~nendattons contained therein shall be subject to the approval of the Building Official, 1. A description, location on a site map and a reference elevation of all borings or-excavations measured to the nearest one foot. -- 2. A classtftcatio.n of the soil using the unified soil classification. 3. Pertinent laboratory test data referencing the test procedure used. If the sot1 ts classified as expansive, the report shall include special recommendations as to the design of foundations and concrete slabs supported on the ground tn order to eliminate detrimental effects on the foundation or slabs. ^ description of groundwater conditions if they exist, and an evaluation with recommendations if mitigation of groundwater conditions is needed. $. An evaluation of the geo.logtc suitability of any location of a proposed septic disposal field. 7. A reco~aendatton as to method for excavating and compacting soils. ... 8. A.recommendatton regarding drainage and erosion control. . ._ 9. ^ recommendation as to setback for buildings or structures from top or toe of slopes. 10. k recommendation as to the allowable soil pressure to be used in design of any proposed building or structure. 11. A recommendation as to the lateral sot1 pressure to be used in the design of retaining or basement walls if any such walls are proposed. 12. A recommendation as to the design of foundations'if such foundations are proposed to be located partly on natural sot1 and partly on fill soil. 13.*--An evaluation of the expected settlement of any fill and any proposed building or structure. . .. 1~. An evaluation of the stability of any natural slope and any proposed or existing cut and fill slope. 15. An index map showing the regional setting of the site. 16. A description of the geology of the site and the geology of adjacent areas if the adjacent geological features affect the site. A suitably scaled map and cross section shall be included in reports wherein the hazard of surface fault rupture is specifically discussed or where areas of land slippage have been identified. 17. A description of the geological investigative techniques employed and identification of the staff utilized for each technique. -23- (e) any 18. If geological hazards exist, the report shall include recommendations to mitigate these hazards. 19. ~ professional engineering and geologic opinion as to the safety of the site from the hazards of lmAI~II~ slippage, erosion, settlement or seismic activity. The site development and all bufldtngs and structures shall be designed and constructed tn accordance with the recommendations contained in the sot1 and geologtc..tnvesttgatton reports. Final Report. Upon completion of rough grading work and prior to the approval of the foundation for proposed building or structure, the following shall be provided: · . 1. When required by the Building Official an 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. 2. A complete record including location on a site plan when posstble and elevation of all ffeld density tests, and a summary of all fteld and laboratory tests. 3. A declaration by the soil engineer and geologist in the form required by the Building Official that all work was done in accordance with the recommendations contained in the soil and geologic investigation reports as approved by the Building Official and the approved plans and specifications. Where soil or geologic conditions encountered in grading operation are different from that anticipated in the sot1 and geologic investigation reports or where such conditions warrant changes to the recommendations contained in the original sot1 Investigation, a revised soil or geologic report shall be submitted for approval and shall be accompanied by an engineering and geologic opinion as required in Section 2905(c),'ltem 18. Section 22.14 Section 2910; Chapter: 29; Part VI= Drainage. A new Section 2910 is added to read= Section 2910 Drainage. All portions of any butldtng 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,' except as otherwise may be required or approved for sediment or storm water runoff retention basins by the Alameda County Flood Control and Water Conservation District. All portions of any building site shall be drained tn such a manner that tt will not cause erosion or endanger the stabtl~Jlllll~ of any cut or fill slope or any building or structure. When 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. The construction or alteration of any drainage facilities which serve a building site shall be approved by the Alameda County Flood Control and Water Conservation District as to design and construction. The Building Official may withhold occupancy of any building or structure until the drainage of any building site has been properly constructed and approved. . Section 22.15 Section 3703(f)a Chapter amended to read: Every chimney shall extendS'above the roof and the highest elevation of any part of a buildtng as shown tn Table No. 37-B. For altitudes over 2000 feet, the Bufldtng Official shall be consulted in determining the height of the chimney. All chimneys attached to any appliance or fireplace that burns solid or liquid fuel shall terminate in an approved spark attester. The spark arrester shall be constructed with 12 gauge minimum welded or woven wire mesh which will not permit passage of spheres having a diameter larger than 1/2 inch nor block passage of spheres having a diameter of less than 3/8 Inch. The spark arrester shall have a net free area of not less than four (4) times the net free area of the chimney it serves. _. Section 22.16 Section ~401, Chapter ~ Part VIII= Protection of Pedestrians. Section 4401 on page 642 is amended to read: Sectton 4401 General. No person shall place or store any matertal or equipment necessary for the ~ork authorized by any building permit on any street or alley or public sldewalk unless an encroachment permit as provided by Title S~ Chapter 1, Alameda County Ordinance Code as adopted by the City of Oublin, 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 this Code is provided. No encroachment permit shall be required for the construction of any railing, fence, or canopy used fordllm~ protection of pedestrians if there-is a valid building permit in effect for such work and the railing, or canopy does not extend beyond the curb or gutter if there is no curb. Section 22.17 Section ~402; Chapter 4~t Part VIII: Temporary Use of Streets and Alleys. Section 4402 on page 6~2 is deleted, ' .... Section 22.18 Section ~403= Chapter 44~ Part VIII: Storage on Public Property. Section ~403 on page 6~2 is deleted. Section 22.19 Section 4~04~ Chapter 44t Part VIII: Mixing Mortar on Public Property, Section ~40~ on page 6~2 is deleted. Section 22.20 Section k~OSt Chapter 44~ Part VIII: Protection of Utilities. Section ~405 on page 6~2 ts deleted° Section 22.21 Section k$Olz Chapter ~Sz Part VIII: General. Section ~$01 on page 6~5 is amended to read: Section kS01. No part of any structure or any appendage thereto shall project beyond the property line of the building site except as specified in this Chapter. Structures or appendages regulated by this Code shall be constructed of materials as specified in Section 1710. The projection of any structure or appendage shall be the-distance measured horizontally from the property line to the outermost point of the projection. No provisions of this Chapter shall be construed to permit the violation of other laws or ordinances regulating the use and occupancy of public property. Section 22,22 Section ~502~ chapter 45~ Part VIII: Pro~ectton into Alleys. Section 4502 on page 6~$ is de- leted. Section 22.23 Section 4503t Chapter ~$a Part Vlll: Space Below Sidewalks. Section 4503 on page 6~5 is deleted. Section 22.2~ Section 4508~ Chapter 4St Part VIII:, Signs. A new Section 4508 is hereby added to read as follows: Section 4508Signs. Signs ~hen placed flat against the wall of a building may project beyond the property line not more than 12 Inches. Section 22.25 Chapter la Appendix: Life Safety Requirements for Existing Buildings on page 701 through 70~ is deleted. Section 22.26 chapter 32a Appendix: Reroofin9 on pages 717 and 718 is deleted. Section 22.27 Section 3501(a)a Chapter 35~ Appendix: So,nd Control Transmission. Section 3501(a) on page 719 is amended by revising subsection Ia) to read as follows~ and adding subsections Ih), (f)~ (j), (k), and (1) to read: Section 3501(a.) General. In Group R Occupanctes~ 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. This requirement shall also apply to detached single family dwelling units which are less than three (3) feet from a property line or less than six (6) feet from an adjacent dwelling on the same lot. Ih) Location and Orientation. Consistent with land use standards~ residential structures located in noise critical areas~ such as proximity to select system of county roads and city streets (as specified in Section 186.~ of the State of California Streets and Highways Code)~ ratlroads~ rapid transit lines, atrports~ or Industrial areas shall be designed to prevent the intrusion of exterior noises beyond prescribed levels with all exterior doors and windows tn the closed position. Proper design shall tnclude~ but shall not be limited to~ orientation of the residential structure, setbacks~ shielding, and sound insulation of the building itself. If) Interior Noise Levels. Interior community noise equtval'ent levels (CNEL) with windows closed, attributable to exterior sources shall not exceed an annual CNEL of 45 dB in any habitable room. (j) Airport Noise Source. Residential structures to be located within an annual CNEL contour (as defined in Title k, Subchapter 6, California Administrative Code) of 60 require an acoustical analysts showing that the structure has been designed to limit Intruding noise to the prescribed allowable levels. CNEL~s shall be as determined by the local Jurisdiction in accordance ~tth its local general plan. -25- (k) Vehicular and Industrial Noise Sources. Residential buildings or structures to be located within exterior community noise equivalent level contours of 60 dB of an existing or adopted freeway~ expresstalmll~ major street~ thoroughfare~ railroad or rapid transit line shall require an acoustical analysts showing that the proposed building has been designed to limit intruding noise to the allowable interior noise levels prescribed in Section 3502(b). EXCEPTION= Ratlroads~ where they are no nighttime (10:00 p.m. to 7=00 a.m.) railway operations and where daytime (7=00 a.m. to 10=00 pom.) railway operations do not exceed four (4) per day. (1) Compliance. Evidence of compliance shall consist of submittal of an acoustical analysis report~ prepared under the supervision of a person experienced in the field of acoustical engineering with the ~pplicatton for building permit. The report shall show topographical relationship of noise sources and dwelling site, identification of noise sources and their charactertsttcs~ predicted noise spectra at the exterior of the proposed dwelling structure considering present and future land usage~ basis for the prediction (measured or obtained from published data), noise attenuation measures to be applied= and an analysts of the noise insulation effectiveness of the proposed construction showing that the prescribed interior noise level requirements are met, if interior allowable noise levels are met by requiring that windows be unopenable or closed, the design for the structure must also specify the means that will be employed to provide ventilation, and cooling if nocessary~ to provide a habitable interior environment. Field Testing. Only when inspection indicates that the construction is not in accordance with the approved destgn~ field testing may be required. Interior noise measurements shall be taken under conditions of typical maximum exterior noise levels within legal limits. Where a complaint as to noncompliance with this. Chapter requires a field test to resolve the complatnt~ the complafntant shall post a bond or adequate funds tn escrow for the cost of said testing. Such costs shall be chargeable to the complafntant when such field tests show that compliance with these regulations is in fact present. If such tests show noncompltance~ then such testing costs shall be borne by the owner or builder. Section 22.28 Chapter S3~ Appendix= Energy Conservation tn New Buildings on page 723 is deleted. Section 22.29 Chapter 70~ Appendix: Excavations and Grading. Chapter 70 on pages 729 through 739 is deleted. Section 22.30 Add a new Section 7100 to read: Section 7100 Vehicular Access. ia) General. Vehicle access conforming to this Section shall be provided by means of a driveway from a street as defined by Section 22.15 of the Alameda County Ordinance Code as adopted by the City of Dublin within 100 feet of any buildings other than an agricu1Eural building defined by Section 402 or a Group M Occupancy. Driveways that have been approved with specific design and improvement requirements as streets or access ways under City of Dublin Zoning or Subdivision Ordinance procedures and which were constructed in accordance with and continue to meet such requirements are exempt from this Section. All driveways shall be at least 12-feet wide and shall be surfaced with all weather dust-free materials except that any portion having a slope exceeding twelve (12) percent shall be paved with four inches of concrete or two inches of asphalt over a E-inch rock base. The slopes of the driveway shall not exceed twenty (20) percent. Cut and f~11 slopes created by the construction of the driveway shall not exceed two horizontal to one verttcal~ and exposed surfaces of the slopes shall be protected against erosion. Driveways shall be graded and drained tn such a manner that will not allow erosion along the driveway or endanger the stability of any adjacent slope. Surface discharge onto adjoining property shall be controlled in such a manner that it does not cause erosion. Bridges and culverts installed in drainage swates or creeks shall be approved by the Alameda County Flood Control and Water Conservation District. (b) Deviations. The Building Official may approve deviations to the requirements for driveway slopes and cut slopes and may permit fords in creeks or drainage swales if the owner executes and records a Hold Harmless Agreement~ tn a form approved by the Building Offictal~ relieving the County from any liability for such deviation provided= 1. The driveway serves as vehicular access to only one stngle famtly dwelling. 2. The slope of the driveway shall not exceed thirty (30) percent under any circumstances. Those portions of a driveway having a slope of thirty (30) percent shall not exceed 50 feet. Where port~l~ of driveways having slopes greater than twenty (20) percent but less than thirty (30) percent~ the length of the driveway at said lesser slope may be increased by 50 feet for each one (1) percent reduction in slope. -26- In the case of cut slopes the daylight: line of two horizontal to one vertical plane ts more than 20 feet fr~ any adjoining property 1 the, or ~t ldtog, or s~ruc~ure. Increasing the steepness of cut slopes shall only ~ all~d ~ere necessary to avoid excessive grading and shall not be allowed tf the driveway can be realigned so as to reduce excessive grading. · (~) 'Investigations. A soils and/or geologic Investigation shall be required when an existing or proposed cut or a' proposed fill exceeds 10 feet tn depth and the slope of the natural ground exceeds twenty (20) percent. An Investigation shall also be required when, tn the opinion of the Building Official, a potential for geologic hazards, such as landsliding, exists along the proposed driveway. id) Reports. The sot1 and/or geologic Investigation' report 'shall contain the following as they may be applicable to subject driveway and any recoe~endattons contained therein shall be subject to the approve] of the Building Official. . . 1. An Index map showing the location of the driveway. · 2. A description of the Investigative techniques employed; Including location and reference elevation of 'all borings or:excavation measures to the nearest foot. .. 3. Pertinent laboratory test data, Including sample classification and location. , 4. An evaluation of the stability of any natural slope and any proposed or existing cut slope and proposed fill slope. .:':I 5. A recon~endation as to the method of fill placement and lateral soil pressure to be used tn the design of retaining walls should such walls be proposed. 6. A recommendation regarding drainage and erosion control. -The driveway shall be designed and constructed tn accordance with the recommendations contained fn the soil and/or geologic Investigation reports. ._ .: . . (e) Grading Control. 'F~11 placement shall be controlled and continuously Inspected as outlined tn Section 22.1S(c) of this Ordtnance when fills exceed 10 feet tn height.. .- CHAPTER 3 - ELECTRICAL CODE · Article I - Title and Scope Article 2 - Exclusions and Hodtficattons Article 3 - Additional Requirements Article 1 - Title and Scope Section 31.0 Title · ,, Section 31.1 Purpose Section 31.2 Adoption Section 31.3 Scop~ Section 31.~ Exceptions Section 31.5 Additionsa Alterations and Repairs Sectto~ 31;0 Title. The Natt°nal Electrical Code adopted by Section 31.1 of this Ordinance and the provisions of this Chapter is the City of Oubltn Electrical Code and may be cited as such and will be referred to in the National Electrical Code and tn this Chapter as "this Code." Section 31.1 ~urpose. 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 tn Section 31.2 tn order to adequately safeguard life, health, property and general welfare. Section 31.2 ~. Certain documents, three (3) copies of which are filed tn the Office of the Ctty Clerk of the City of Dublin being marked as 'National Electrical Code 1981" published by the National Fire Protection Association ts hereby adopted by reference as the Electrical Code for the City of Oublin pursuant to -27- the provisions of Section 50022 et. seq. of the Government Code of the State of Ca]tfornia except as hereinafter modified in Article 2 of this Chapter. Section 31.3 ~cope..The provisions of this Code sha]l apply to the tnstailatton~ erection, construction, enlargement, addition to, alteration, repair, moving, removal, demolition, conversion, use, and maintenance of 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 are not identical, those limitations shall prevail which provide greater safety to life, health, property or public welfare. Section 31.~ Exceptions. The provisions of this Code shall not apply to: 1. Work located in a public street. Electrical installations within trailer coaches, campers, motor vehicles, railroad cars and aircraft; however, if any of the foregoing are permanentty placed on the ground or have their wheels removed for other than temporary repatrs~ they shal] comply with a11 the provisions of the Electrical Code. 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. 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. Radio and television receiving equipment, amateur radio transmitting and receiving equipment, and co~unfty antenna television systems. Section 31.5 Additions; Alterations and Repairs. All 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 ne~ Installation es a resu]t of the addition shall be made to confjllllllk to the applicable provisions of this Code. Alterations, repairs to, or replacement of equipment in any existing electrical installation shall conform _ 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 ltfe~ health, and property. Article 2 - Exclusions and Nodfftcations Article 3 - Additional Requlatfons Section 33.0 Fire Alarms Section 33.1 State of California Electrical Safety Orders Section 33.0 Fire Alarms. All fire alarm systems shall conform to the requirements of Title 2~ California Administrative Code~ Article 3-760. Section 33,1 State of California Electrical Safer7 Orders. Electrical installation in or on buildings used as places of employment shall comply with the requirements of the Electrical Safety Orders issued by the Division of industrial Safety of the State of California where these orders are more restrictive than the requirements of this Chapter. CHAPTER ~ - PLUHBING CODE Article I - Title and Scope Article 2 - Exclusions and Modifications Article 1 - Title and Scope -28- Section kl.0 Tttle __ Section k1.1 ~urpose Section ~1.2 Adoption Section ~1.3 Scope ',' Section ~1.~ Exceptions : . Section ~1.5 Addtttons~ Alterations and Repairs .... · Section ~1.O Title. 'The Uniform Plumbing Code-adopted by Section ½1.2 of 'chis Ordinance and the provisions 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 'chis Chapter as "this code." Section ~1.1 Purpose. ..The promotion and preservation ~f the public healths safetys 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 4~.2 in order to adequately safeguard life, health, property and general ~elfare. Section ~1.2 Adoption. Certain documentss three (3) copies of which are filed in the Office of the City Clerk of the City of Dub]in being marked and designated "Uniform Plumbing Code 1982 Edition" published by the International Association of Plumbing and Mechanical Officials is hereby adopted by reference as the Plumbing Code for the City of Dublin pursuant to the pr~vtstons of Section 50022 et. seq. of the Government Code of the State of California except as hereinafter modified in Article 2 of this Chapter. Section ~1.3 Scope. The provisions of this Code shall apply to the installations erections construction, enlargements addition rcs alteration, repairs movtng~ removals demolttfon~ conversions use~ and maintenance o¢ any · . plumbing installations gas or drainage piping installation or any fixture or water heating or treating equipment in any buildings structures or premises within the City of Dublin. '. The permissive provisions of this Code shall n~t be presumed to waive any limitations imposed by any other law~ ordinances rule or regulation. If ~wo or more pertinent limitations are not identical, those limitations shall prevail which provide greater safety to 1ties healths property or public welfare. Section ql.4 Exceptions. The provisions of the Plumbing Code shall not apply to= 1. Work located in a public street. Plumbing systems within trailer coaches~ camperss mobile homess motor vehtcless railroad cars and air- planes; however~ if any of the foregoing are permanently placed on the ground or have their wheels removed for other than temporary repatrs~ ~hey shall cemply with all the provisions of the Plumbing Code. 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. Building se~ers 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 se~ers and such regulations are in force. $. Sewage treatment and collection facilities of a sanitary district. G. Water treatments storages transmission and distribution facilities of a water district or water company regulated by the Public Utilities Con~tsston. 7. Gas storages transmission and distribution facilities owned by a public utility. 8. Wells and water supply systems for irrigation and watering livestock provided such water is not used for human consumption. Section ~1.5 Additionst Alterations and Repairs. All work done in connection with an addition to an ... existing plumbing installation shall conform to the applicable provisions of this Code. In'additions any portion of an existing plumbing Installation which would become overloaded or have its capactty exceeded as determined by the standards in this Code for new installation as a result of the addition shall be made to conform to the applicable provisions of this Code. Alterattonss repairs to, or replacement of equipment in any existing plumbing installation shall conform to the applicable provisions of this Code except that the Building Official may allow deviations from the provisions of this Codes provided the deviations are necessary due to the circumstances of the existing conditions; the existing condition was permitted by a previous Code; and such deviation does not create or continue a hazard to liras healths and property. Arttcle 2 - Exclusions and Modifications :- -29- Section Section Section Section Section Section Section Section Section Section Section ~2,1 ~2,2 ~2.3 ~2.~ ~2,$ ~2.6 42,7. ~2.8 ~2,9 ~2.10 Section Section Section ~2,1~ Section 42,15 Section ~2,16 Section ~2,17 Section ~2-18 Section Part 1 Administration ~ection 31q(a)~ Chapter 3: Repairs and Alterations Section ~01) Chapten q: Materials Section 503~ Chapter 5= Materials Section lO01~ Chapter 10= .Runnin~ Rater Required Section 100~ Chapter 10: Materimls ~ection llOl~ Chapter 11~ Sewer Required Section 1110~ Chapter ll= Location Section I-1= Appendix I= Private Sewage Disposal (General) Section I-2; Appendix I= Capacity of Septic Tanks 42.11 Section I-5; Appendix I= Allewable Rate of Se~a~e Application to a Soil Absorption System ~2.12 Section I-3m Appendix ~2.13 Table I-% Appendix I I: Area of Otsposal Fields and Seepage Pits Section I-4~ Appendix I: Percolation Tests Section !-$(c); AppAndiXll=' Disposal Fields Section I-7(a)~ Appendix I= Seepage Pits -Section I-8; Appendix != Cesspools Table !-1~ Appendix I: Location of Sewage Disposal S7ste~ ~2.1 Part I Administration. Part I on pages 1ia) through 6(al is deleted. Section ~2.2 deleted. Section $1~(a)m Chapter 3: Repairs and Alterations. Section 31~(a) on pages 29 and 30 are ..-- Section ~2.3 Section ~01~ Chapter ~: Materials, Section 401 on page 37 is amended to read: Section ~O1 Materials. (al Drainage pipe shall be cast iron, galvanized steel, galvanized wrought iron, lead, copper, brass, ABS, Pvc, or other approved materials having a smooth and uniform bore, except= 1. That no galvanized wrought iron or galvanized steel pipe shall be used underground and shall be kept at least six (6) inches (152.Q mm) above ground. 2. ABS or PVC installations limited to residential construction, not more than t~o (2) stories in hale.~ .(b) Drainage fittings shall be of cast iron, malleable tron,.lead, brass, copper, ABS, PVC or other approved materials having a smooth interior waterway of the same diameter as the piping served and all such fittings shall conform to the type of pipe used. 1. Fittings on screwed pipe shall be of the recessed drainage type. Burred ends shall be reamed to the full bore of the pipe. 2. The threads of drainage fittings shall be tapped so as to allow one fourth (1/~) inch per foot (20.9 mm/m) grade. Section 42.q Section 503= Chapter 5a ~atertals. Section 503 on page ~$ is amended to read: Section 503 Materials. (al 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.~ mm) above ground. 2. ABS or PVC installations limited to residential construction, not more than t~o (2) stories in height. -. (bi Vent fittings shall be cast trod, galvanized malleable iron or galvanized steel, lead, copper, brass, A~, IWC, 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 71 is amended to read: Section 1001 Runnfn~ Water Required. (al Each plumbing fixture shall be provided with an adequate supply of potable running water piped the/~1~ in an approved manner, so arranged as to flush and keep it in a clean and sanitary condition without -30- · . ". ' ': 'it.: ."-"7 ?'.?.'.:.:-',.~: · ? ...... . . .-. '..'. ::....':,:-..i':.:5': '..:'z ,S[.-Z;5.~.:;.5::~?..~,,a~ .' - · '. ' ":-~;-,' 7 7,-','i::'~,:: 7/i ?-J' r.7:'.-'.[~-,"~t.?'ii:';: · '. ' ] :':::~';,: :' "' :.- :' ::i ~:'.J' '~:.~: ".=; ::!;:t:.' --5,.-~i : '..'-:,~".: ::~ '~.:: .51.:: -'- · ". "' ': -' ','.~ '~: ::.':' ]- :f7 "" ' : ":.'c. · "-.'-i .' .' .'7--'..' : 5 - ;;5: :-::'. ;. · - . -. : .......-,..;.;4 - - . i.. · . . .. '.- ,;: .? .... -.- .1 i. -""' ' ; . '- t .. ':"'.".?'?'" ".:":,[. '"""~?f",-'-i · ';, ..... ~...;., -:; ....t.:~.--*:. . . ....,- .;-'?.....~.. . . ...... -' ~ "' .' "ti-;":.'.'. :'.: ~ ::i::"::,.:-"'.':i' 57)-: :'t-_:';:"l · ':. ~-'..'. '.-..... ~... '.-.':.'.?o':.-:[ t;'.- ':5 · ,. · · . .,; . ,. ':.-.- .:. :'..7;~ -- · - . · ' :. ' : °. -'. -: ,.',: -,.'-'. ; ..... - -' .'t. 7 ... -., , - ;." ~.. '.~ · . .' ..... . -.-. - '~ '-.' "};i..- ..... ...::. :'..-.. ....... - danger of backflo~ or cross-connection. Water closets shall be flushed by means of an approved tank or flushemeter valve. (b) Such water supply shall be either (1) a public water system conforming to the provisions of Division S~ Part 1, Chapter 7~ Health and Safety Code, and Division 11~ Part $= Chapter 2~ Article 2~ Section 222;4, 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 whtch serves (1) more than one but less than five service connecUons~ (2) less than twenty-five year-long restdents~ and (3) any number of nonresident individuals greeted 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. All 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. All examinations of water required by this Ordinance shall be performed by a laboratory approved by the California Department of Health Services. (e) Quantity. Sufftctentwater shail be available from the water source or sources and storage fact]tUes to supply adequately, dependably, and safely the total requirements of all users undermextmum daily demand conditions. Total requirements 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 quantity 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 0uanUty . 1. Oualit¥ Bacteriolocjfcal. The water from an individual system, installed for domestic use, shall be examined by the Division of Envtronme. ntal Health on compleUon of the system. The water tested shall be bacteriologically acceptable for domestic use. Chemical. An analysts 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. ~. 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. Ouanttt~ - Source Hells. The ~ell or wells iha11 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 ~ells will not produce the required five (S) gallons per minute, the Division may consider a continuous flo~ 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 fn Title 22~ Section 64563, of the California Administrative Code. Other Sources. These sources, ~ncluded but not limited to streams, springs, tnftltraUon 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 ~ells. 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 bu~ldtng permit or any cerUftcatton for a structure. (h) All water wells shall comply with the provisions of Article 14, chapter 6, Title 3 of the Alameda County Ordinance Code. Section 42.6 Section 1004~ Chapter 10: Hetertals. Section 1004 on page 75 ts amended to read: Section 1004 Hateria]s. -31- (a) Water pipe and ftttfngs shal] be of brass, copper, cast iron, galvanized mai]cable Iron, galvanized wrought iron; galvanized steel, lead or other approved materials. Asbestos-cement, PE, or PVC water manufactured to recognized standards ma~ be used for cold water distribution systems outside a building Al1 materials used ~n the water supply system, except valves and similar devices sha]l be of a like mater~al, except ~here otherwise approved by the Administrative Authority. (b) Cast iron fittings up to and including two (2) inches (50.8 mm) in size, when used in connection with potable water piping shall be galvanized. (c) All malleable Iron water fltttngs shall begalvan{zed. (d) Ptping and tubing which has prev{ously been used for any purpose other than for potable water systems shall not be used. Section q2.7 Section 1~01a Chapter 11: Sewer Required. Section 1101 on page 85 Is amended to read: Section 1101 Sewer Required. Every building tn which plumbing fixtures are Installed and every premises having drainage p~ptng thereon shall have a connection to a publ;c sewer. Except that where there is no ava{labia public sewer with{n 200 feet, measured along streets, alleys, or public right-of-way upon which a lot abuts, and when the s~ze of the property ts in excess of a0,000 square feet, drainage piping from any building or works may be connected to an approved prt'vate sewage disposal system. All such sewage disposal systems shall be designed, constructed~ operated, and maintained ~n compliance with the Health Officerts regular;cna. Notwithstanding the p~ov~s~ons of Section 320 and Section il.8 of this Ordinance, whenever a public sewer is extended so as to become within 200 feet of any premfses having a private sewage disposal system, said private sewage d~sposal system shall be abandoned and the building sewer shall be connected to the public sewer. 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 publtc sewer, all plumbing and drainage systems or parts thereof on such lot or premises shall be connected to such public sewer. Section q2.8 ~Section 1110; Chapter 10: Location. ~1~ Section 1110 on page 86 and 87 is amended by adding a new Subsection (c). (c) It shall be unlawful to sell, transfer~ divide, or set off any portton of any lot whtch tn any way reduce the minimum areas set forth in Section 1101 or reduce the minimum distances set forth in Table I-1. Section ~2.9 Section I-1~ Append;x I: Private Sewage Disposal (Ceneral). Section I-1(c) and (d) on page 16 are amended to read: (c) Disposal systems shall be desfgned to .uttltze the most porous or absorptive portions of the soil formation. 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 port;on of a leach fteld or where the upper so~l is porous and the underlying stratum ts rock or Impervious soil, a septic tank and disposal f~eld system shall not be installed. Disposal systems shall only be permitted tn 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 tn areas with unusual or unstable geologic conditions. So~1 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 dfsposal field. Section ~2.10 Section I-2~ Appendix I: Capacity of Septic Tanks. Section 12 on page 181 ts deleted. Section ~2.11 ~able I-5~ Append;x !. Table I-S on page 19~ is amended to read: TABLE !-5 ALLOWABLE RATE OF SEWAGE APPLICATION TO A S01L 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 q 1.3 30 2 0.9 -32- 60 I 0.6 Unsuitable for leaching system tf more than 12 inches per hour or less than I Inch per hour. SEPTIC TANK CAPACITY Number of Bedrooms Capacity tn Callons I to 4 1,01S 5 to 6 1,440 7 1,810 8 2,250 9 to 12 2,812 Section 42.12 ~ectton I-$; Appendix I: Area of Disposal Fields and Seepage Pits. Section I-3 on pages 181 and 182 is amended to read: The minimum effective absorption area for dtsposal 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 I-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 I-4, A minimum of two hundred (200) square feet of trench b~ttom shall be provided for each system exclusfve of any hard pan, rock~ clay or other impervious formations, Section 42.12 ~able I-4: Appendix I: Table i-4 on page 194 ts amended to read: TABLE I-4 -'" ABSORPTION AREA REOUIREHENTS FOR PRIVATE RESIDENCES (Provides for Carbage-Grtnder and Automatic-Sequence Washing Machines) -: Required Absorption Area tn 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 ~ 240 60 I 270 Section 42.14 Section I-4a Appendix I: Percolation Tests. Section I-4s Subsections (a) and (b) on page 182 are amended to read: ia) 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 tn an excavation which has been continuously soaked during at least 2~ hours prior to the test. Section q2.15 Section I-6, Appendix I: Disposal Fields. Section I-6(t) on page 185 ts deleted and Section I-6(I) on page 185 ts amended to read: ih) Disposal fields shall be constructed as follows: Hintmum number of drain lines per . . . 1 field Maximum length of each line ...... 100 feet -33- Minimum bottom wtdth of trench ..... 28 inches Maximum bottom wtdth of trench ..... 36 inches Minimum spacing of lines center ..... 6 feet to center Htnimum depth of earth cover over . . . 12 inches lines Preferred depth of cover of lines . o ° 18 inches *Maximum grade of ltnes ........ 6 inches per 100 feet Building Se~er and Private Systems *Htntmum Grade of lines ........ 3 inches per 100 feet Minimum filter material under ..... 20 Inches drain lines Minimum filter material over ..... 2 inches drain lines Maximum depth of trench ........ $ feet Minimum spacing between trenches or leaching beds: shall be four (~) feet plus two (2) feet for each additional foot of depth in excess of one (1) foot belo~ the bottom of the drain line. *When perforated pipe is used it shall be laid level and with the end of the line capped. ~here leaching beds are permitted in lieu of trenches the area of each such bed shall be at least fifty (SO) percent greater than the tabular requirements for trenches. Distribution drain lines in leaching beds shall not be more than six (6) feet apart on centers and no part of the perimeter of the leaching bed shall be more 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 be~eeen 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 joints. Section ~2.16 Section I-7(a)I Appehdix I: Seepage Pits. Section I-7(a) on page 185 is amended to read: The installation of seepage pits shall not be permitted unless the particular lo~ is approved for such seepage pit installation by the Regional Water Quality Control Board of the State of California. The capacity 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 ~2.17 Section !-8~ Appendix I: Cesspools. Section I-8 on page 187 is amended to read: The installation of cesspools shall not be permitted. Section q2-18 Table I-1~ Appendix I: Location of ~ewage Disposal Systems. Table I-1 on page 191 is amended to read: TABLE I-1 LOCATION OF SEWAGE DISPOSAL SYSTEM Minimum Horizontal Distance is Clear Required from: Building Septic Disposal Sewer Tank Field Cuts~ embankments 2 - - 4h feet1 Buildings or Structures 2 feet 10 feet 10 feet Property line adjoining private property Clear _ 20 feet 10 feet Water supply wells SO feet3 50 feet 100 feet Streams, Ponds 50 feet 50 feet 100 feet Large trees - 10 feet - Disposal field - S feet ~ feetq Domestic water line 1 footS $ feet l0 feet Distribution box - - $ feet Swimming Pool - 10 feet 25 feet Drainage wayss ephermal - 50 feet 50 feet streams NOTE: When disposal fields are installed tn sloping ground, the minimum horizontal distance between any part of the leaching system and ground Surface shall be fifteen (15) feet. 1. Distance tn feet equals four times the vertical height of the bank. Distance ts measured from the top edge of the bank. When an Impermeable layer Intersects a cut bank, 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 walks, covered driveways and stmtlar structures or appurtenances. 3. ^11 nonmetallic drainage piping shall clear domestic water supp]y wells by at least fifty (50) feet. This distance may be reduced to not less than twentyeftv~ (2S) 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 addttfona~ foot of depth tn excess of one (1) foot below the bottom line of the drain line. (See also Section 5. See Section 1108. CHAPTER 5 - MECHANICAL CODE Article 1 - Title and Scope Article 2 - Exclusions and Hodificattons Article I - Title and Scope Section 51.0 Title Section 51.1 Purpose Section 51.2 Adoption Section 51.3 Scope Section 51.4 Exceptt~ Section 51.5 ^ddtttonst Alterations and Repairs Section 51:0 Title. The Uniform Hechantcal Code adopted by Section 51.2 of this Ordinance and the provisions of this Chapter is the City of Dublin Hechantcal Code and may be cited as such and will be referred to tn the Uniform Nechantcal'Code and in this 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 Oubltn and the property situated therein have made necessary the adoption of the Hechantcal Code referred to in Section 51.2 tn order to adequately safeguard 1tie, health, property and general welfare. Section 51.2 Adoption. Certain documents, three (3) copies of which are filed in the Office of the City Clerk of the City of.Dublin being marked as "Uniform Hechanical Code 1982 Edition" published by the International Association of Plumbing and Hechanical Officials and the International Conference of Building Officials ts hereby adopted by reference as the Mechanical Code for the City of Dublin pursuant to the provisions of Section S0022 et. seq. of the Government Code of the State of California except as hereinafter modified in Article 2 of this C~apter. 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 appliances in any building, structure, or premises within the City of Oublin. 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 are not Identical, those limitations shall prevail which provide greater safety to ltfe~ health, property or public welfare. Section 51.~ Exceptions. The provisions of the Hechantcal Code shall not apply to= . 1. Work located in a public street. 2. Heating, ventilating, cumfort coolfng, refrigeration systems, incinerators or other heating or coollng appliances within trailer coaches, campers, mobile hemes, motor vehicles, and airplanes; however, if any of the foregoing are permanently placed on the ground or a foundation or have their wheels removed for other than temporary repairs, they shall comply with all of the provisions of this Code. .. '35' Heating, ventilating, coafort coollng, refrigeration systems, incinerators or other heating or cooling appliances within houseboats or other watercraft; however, if any of the foregoing are stored out of water and used for any purpose ~hatsoever, they shall comply with all of the provisions of this Code. ,, Section 51.5 ~dtttonst Alteratt'ons and Repairs. All 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 ~htch ~ould become overloaded or have its capacity exceeded as ' determined by the standards in this Code for ne~ installation as a result of the addition, shall be made to 'conform to the appltcabl~ provisions of this Code. Alterations, repairs to, or replacement of equipment in uny 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. Arttcle 2 - Exclusions and Modifications Section 52.0 Part 1: Administration 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 Hodtficattons Article 1 - Title and Scope Section 61.0 Title Section 61.1 Purpose Section 61.2 Adoption Section 61.3 Scope .... ~ Section 61.0 Ttt?e. 'The Uniform Hechantcal code adopted ~y 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 wtll be referred to 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 ~elfare 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 safegu&rd 1tier health~ property and general welfare. . Section 61.2 Adoption. Certain documents, three (3) copies of ~htch are filed in the Office of the City Clerk of the City of Oublin being marked as "Uniform Housing Code 1982 Edition" published by the International Conference of Building Officials is hereby adopted by reference as the Housing Code for the City of Dublin pursuant to the provisions of Section 50022 et. seq. of the Government Code of the State of California except as hereinafter modified in Article 2 of this Chapter. Section 6i.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 may be continued as provided in Section 11.8 of this Ordinance, except such as are found to be substandard as defined in this code. 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 portions 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 Section 62.1 Section 62.2 Section 62.3 Section 62.~ Section 62.5 Section 62.6 '*Section 62.7 Chapter 1: Tttle and Scope Chapter 2: Enforcement Chapter 3: Permits and Inspections Section.~05; Chapter 5: Sanitation Chapter 11: Notices and Orders of Bufldin~ 0fftctal Chapter 12: Appeal Chapter 13: Procedures for Conduct of Heartn~ Appeals Chapter lq=-Enforcement of the Order of the Butldtnq Official of the Board of Appeals -36- 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. Sectton 62.2 Chapter 3: Permits and Inspections. Chapter 3 on page 12 is deleted, Section 62.3 Section 505, Chapter S: Sanitation. Section 505 on pages 16 and 17 is amended by adding new Subsections (h), (t), and (J) to read: .. (h) ;arbage Receptacles. An adequate number of appropriate receptacles with close-fitting covers for garbage and rubbish as may be considered necessar~ by the enforcing agency shall be provided for the occupant of every dwelling unit by the owner or operator of every apartment houses hotels 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 beds including the mattress, sheetss blankets~ and bedding shall be kept in a cleans drys and sanitary conditions free from filth, urines or other foul matter; and from infection of 1ices bedbugss or other insects. The bed linen shall be changed before a new guest occupies the dwelling unit. (j) Caretaker. A managers Janitors housekeepers or other responsible person shall reside upon the 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 roomss in the event that the owner of any such apartment house or hotel does not reside upon said premises, if the owner does not reside upon the premises of any apartment house in which there are more than four (~) but less than sixteen (16) apartments, a notice stating his name and addresss 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.~ .~.apter 11: Notices and Orders of Bufldtnq Official. Chapter 11 on pages 25, 26, and 27 is deleted. . · · Section 62.5 Chapter 12: Appeal. Chapter 12 on pages 28 and 29 is deleted. Section 62.6 ..Ch. apter 13: Procedures for Conduct of Hearing Appeals. chapter 13 on pages 30, 31, 32, and 33 is deleted. Section 62.7 Chapter on pages $& and $5 is deleted. .: Section 62.8 .chapter Section 62.9 ._Chapter 16: deleted. .- · CHAPTER 7 - ABATEHENT OF NUISANCES Enforcement of the Order of Building Official or the Board of Appeals. Chapter Performance of Work of Repair or Demolition. Chapter 15 on page 36 is deleted. . Recovery of Cost of Repair or Oemolitton. Chapter 16 on pages $7, 38, and 39 is Article 1 - General Article 2 - Requirements Article 3 - Procedure for Assessments of Cost of Abatement Article I - Ceneral Section 71.0 Purpose Section 71.1 ~ubstandard Property Section 71.2 Substandard Conditions Section 71.3 Abatement Section 71.~ Demolition Section 71.5 Party. Concerned Section 71.6 Enforcement Official Section 71.7 Hearing Officer Section 71.8 Right of Entry Section 71.9 Clerk Section 71.0 ~urp0se. It is the purpose of the provisions of this Chapter to develop an equitable and practicable alternative methods to be cumulative with and in addition to, any other remedy available at low, -37- whereby substandard property whic~ endangers the health, property~ safety, or we]fare 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 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 butldtng~ structure, electrical, plumbing or mechanical installation or portion thereof which ts dangerous as defined tn Section 11.4~ which ta substandard as defined in Section 11.5, or which ts Illegal as defined in Section 11.6. (b) The existence of a fly nuisance or ~astewhtch has been allowed to become a harborage, attractment or food source for rodents or has caused unreasonable production of odors resulting tn the depreciation of adjacent property or comfortable enjoyment of life thereon, as defined tn Chapter 5 of Title 3 Alameda County Ordinance Code as adopted by the City of Dublin. (c) The existence of any other condition to an extent that endangers the life) limb, health, property, safety, or welfare of any person. 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 correction or elimination of any substandard condition upon substandard property. . Section 71.4 Demolition. Whenever the word 'demolish or 'demolition' is used in this Chapters tt shall include the removal of the resulting debris from such demolition and the protection by filling of excavations exposed by such demolition and abandonment of sewer or other waste disposal facilities as may be required by this Ordinance or other lawo. Section 71.5 Party Concerned. (a) As used in this Chapter "party concerned" means the person, if any tn 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 o~ner or holder of any lease of record, the record holder of any estate or Interest tn or to such property. As used tn 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 provisions of this Chapter shall be as following: (a) The Building Official fo~ matters regulated in Cha~ters 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 rodents, storage and removal of garbage, sanitation of bedding. (c) The City Engineer for matters regulated tn Chapters 8, 9~ and 10 of this Ordinance. 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 tn proceedings Initiated by the Building Official where the term Hearing Officer is used in. 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 tn 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~ ordtnance~ rule, or regulation; provided that if such building or premises is occupied, he shall first present proper credentials and demand entry, tf such entry is refused, the Enforcement Official shall have recourse to every remedy provided by law to secure entry, specifically as provided tn Code~l~ Civil Procedure Sections 1822.50 et seq. - -38- Sectton 71.9 Clerk.' Unles~ otherwise specified the term "clerk" refers to the City Clerk of The City of , Dubl t n. Article 2 Section Section 72.1 Section 72.2 Section 72.$ Section 72.~ Section 72.5 Section 72.6 Section 72.7 Section 72.8 Section 72.9 Section 72.10 - Requirements 72.0 Determination of Enforcement Official Informal Notice .... .Order of Enforcement Official Service of Notice Declaration of Substandard Property Hearing Standards for Abatement Order of Hearing Officer Work by Private Party of Agency Penalties 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 C~apter, 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, ho~ 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. ia) 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 the 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 sttpulate$ 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. id) The notice shall advise the owner or person fn charge or control of the building, structure or premises, 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 ~ork 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 what- ever, when, in his opinion, immediate action is necessary. Section 72.3 Service of Notice. ia) 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. (bi Service of the notice upon the party concerned shall be by personal service, by registered or certified mail. Service by mat1 shall be effective on the date of mailing, postage prepaid and return receipt requested, to each person at his address as it appears on the last equalized assessment ro11, or as known to the Enforcement Official. If no such address so appears, or is not so known, then the notice shall be mailed to such person at the address of the building, structure, or premises involved in the proceedings. The failure of any owner or other person to receive mailed notice shall not affect in any -39- manner the validity of any proceedings taken hereunder. An affidavit of service shall be filed, together with a copy of satd notice, in the proceedings certifying the time and manner tn ~htch such notice was served. ~ (c) The notice of hearing shall be posted and served at least five ($) days prior to the date set for hearing. Section 72.4 Dectaratton of Substao~ar~ P~operty, 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 spectat assessment pursuant to Section 2S845 of the Government Code, or when the Enforcement Offtctalas Jurisdiction has been pre-empted by government acquisition of the property, he shat] 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: 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. 2. The parties to the abatement hearing shall be entitled to be represented by counsel. 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 submitted 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. The proceedings at the hearing shall be reported by a phonographic reporter or otherwise perpetuated by electronicmeans; or in lieu thereof stenographic notes may be taken and the substance thereof subsequently transcribed. 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 jlEml~. 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 decision 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 substance by the Hearing Officer in determining what, if any, form of abatement shall be ordered. Ia) Any order to demolish may tntttate 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, (t shall be ordered vacated. Id) In any case where a dangerous building or structure is more than fifty.(50) percent damaged, or decayed or deteriorated, it may be demolished. (e) 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 Heartnq Officer. Ia) Within thirty (30) days after the conclusion of the hearing the Hearing Officer shall render his decision, either terminating the proceedtngs~ or if he finds that the substandard property is a public nuisance, ordering that it be abated. (bi The order of abatement shall set forth the street address of the substandard property and a legalAI~)~ description of the premises sufficient for identification. It shall contain a statement of the particulars of the condition or conditions ~htch 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 any appropriate modification thereof. (c) The order shall specify the dates to commence and complete the work of abatement. (d) The time to commence or complete the workmay be extended for good cause upon written application. (el A copy of th~ Order of abatement shall be posted in a conspicuous place upon the building or structure or otherwise upon the substandard property; and shall be served {n the manner prescribed for the service of notice of hearing. . Section 72.8 W~rk by Private Party or '~;nc~.- (al Any person having the legai'rtght 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 tf such person does such work after the time specified tn the ]asr order of the Hearing Officer~ al1 costs Incurred by the City of Dubttn 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 0fftcfal may then demolish the substandard building or portions thereof, or may cause such other ~ork to be done to the extent necessary to eliminate the hazard upon the substandard property and other substandard conditions determined to exist by Hearing Officer. (c) When in the opinion of the Enforcement Offtctal 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 extent 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 Enforcement Official may sell any such building singly or otherwise, as he may deem appropriate tn 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 accempltshed in accordance with appropriate procedures applicable to theCtty of Oubltn. Section 72.9 Penalties. (al A person shall not obstruct, impede, or ~nterfere with the Enforcement Official or his representative or with any person who owns or holds any Interest or estate in a substandard building or substandard property whtch has been ordered by the Hearing Officer to be abated or which is abated under Section 82.2(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 hereof ts 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 tn control of a substandard butldtng~ 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. (al 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 assessments. All funds so collected under the assessment proceedings shall be paid when collected to the Ctty Clerk who shall place the same tn the Abatement Fund. Article 3 - Procedure for Assessment of Cost of Abatement in Event of Oefault of Owner Section 73.0 Section 73.1 Section 73.2 Section 73.3 Section 73.~ Section 73.5 Section 73.6 Report of Costs of Abatement Report Transmitted to City Council Protest and Objection - How Made Hearing on Report Collection of Assessment Alternative Collection Procedure Violation of Provisions a Misdemeanor 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 abatementj the Enforcement Official shall prepare and file with the clerk, a report specifying the work donas 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 persons entitled to notice pursuant to. Section 7-100.11s 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 reports the Clerk shalls within 10 dayss 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 days hour and place where the City Council will hear any objections or protests which may be raised by any person liable to be assessed for the cost of abatement and any other interested persons and pass upon the report of the Enforcement Official. Notice of hearing shall be published at least 10 days prior to the date of hearing tn a newspaper of general circulation within the County and which circulates in the area within which is 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 objection the date it was received by him and shall present him to the City Council at the time set for heartn! Section 73.3 Hearing on Report. Upon the day and hour set for the hearing the City Council shall hear an, pass the report of the Enforcement Official together with any protests or objections. The City Council may make such revisions correct~on or modification of the report as it may deem just and when it is satisfied with the correctness of the assessments the report as submitteds or as revtseds corrected or modtfieds together with the assessment shall be confirmed. Section 73.~ collection of Assessment. The assessment shall be collected in the following manner: (al A copy of the report and assessment, as conftrmeds shall be turned over the the Alameda County Auditor on or before the loth day of August following such confirmations and the auditor shall enter the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment ro11. (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. (c) Thereafter the amounts of assessments shall be collected at the same time and in the same manner as county taxes are collecteds and are subject to the same procedure and sale in case of delinquency as provided for ordinary county taxes. id) 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. No,withstanding the provisions of Section 7-100.27 and in lieu thereofs in the event of nonpayment of assessments the City Council mays at any time within 60 days after its decision on the report and assessmentj 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: (al From and after the recording of said notice of liens 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 enforce the payment of said lien. ~ (b) AIl such assessments'remaining unpaid after 30 days Item the date of recording of satd lien shat] become delinquent and bear Interest at the rate of 1% per month computed upon the date of de]tnquency and on the first day of each month subsequent to said date of de]tnquenc¥. The lien shall continue untt] the amount thereof ts paid or unttl tt ts discharged of record. (c) If the sum assessed Is not paid within 30 days after the day of recording of said nottce of 1ten, the City Counctl may direct the City Attorney to bring an actton~ tn the name of the county~ to foreclose the lien of assessment. Section 73.6 Violation of Provisions a Htsdemeanor. Any person who violates any of the provisions of this title ts guilty of a mtsdomeanor~ which may be prosecuted a~ an alternative to other remedies contained heretn~ and which ts punishable by aftne not exceeding 500 dollars or by imprisonment not exceeding stx (6) months, or by both such fine and Imprisonment. SECTION 3 Title 7, Chapter 8 Alameda County Ordinance Code Is adopted by the City of Dublin and shall be continued effect for an Indefinite period. ' Passed and adopted by the City Counet1 of the City' of Dublin on this 9th day of . January , 198~'4 by the following votes: AYES: NOES: Council Members: Jeffery, Moffatt and Z4ayor Snyder .None Drena, Hegarty ABSENT: None ... A T T E S/T/~-~ ~ '~ City Clerk.%