HomeMy WebLinkAbout4.03 Const & Fire Codes Update~~~.~ OF Dp~l j~
/// ~
1`~-~~j2
~ ~~LI~ ~ /
STAFFREPORT CITY CLERK
DUBLIN CITY COUNCIL File # ^~~]~-0~
DATE: November 16, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJE pdates to the City's Construction and Fire Codes in accordance with
requirements of State Law
Prepared By: Gregory Shreeve Sr., Building Official and Bonnie Terra, Fire
Marshal
EXECUTIVE SUMMARY:
The 2010 Edition of the California Building Codes Standards (CBSC) was approved by the
California Building Standards Commission earlier this year and will go into effect on January 1,
2011. In order to ensure the continuity of the City's building standards, the City must adopt an
Ordinance incorporating the new codes which take effect on January 1, 2011. The City Council
is being asked to review and adopt an Ordinance repealing the 2007 California Building Codes
Standards and adopting the 2010 California Building Codes Standards.
FINANCIAL IMPACT:
The adoption of the California Green Building Standards Code will have an unknown financial
impact on the City due to the increase in plan check and inspection resources required to verify
the State requirements. The cost associated with the implementation of this new code will be
studied during the next fee update. The other costs for implementing the new codes, such as
material and training, have been included in the FY 2010-2011 Budget.
RECOMMENDATION:
Staff recommends that the City Council: Waive the reading and adopt an Ordinance Repealing
and Adopting Chapters 5.08 (Fire Code), 7.28 (Building Regulation Administration), 7.32
(Building Code), 7.36 (Electrical Code), 7.40 (Plumbing Code), Chapter 7.44 (Mechanical
Code), 7.52 (Abatement Of Nuisances), and 7.94 (Green Building Code) and Adding 7.34
(Residential Code), of the Dublin Municipal Code, in Order To Adopt By Reference and Amend
Provisions of the 2010 Edition of the California Building Standards Code, Title 24, California
Code of Re ulations. ~/~
~
ubmitted By Rev' we By
Community Development Director Assistan Ci Manager
Page 1 of 3 ITEM NO. ~• ~
~~
DESCRIPTION:
Approximately every three years, the California Building Standards Commission, along with
other State agencies, reviews and amends Title 24 of the California Code of Regulations, a.k.a.
the California Building Standards Code (CBSC). The CBSC contains several sub codes: the
California Building Code, California Electrical Code, etc., that are applicable and enforceable at
the local level. Once adopted by the State, local jurisdictions, such as the City, may amend the
CBSC as necessary to account for local climatic, geological or topographical conditions. The
CBSC is based upon several underlying model codes: e.g., the International Building Code, the
National Electric Code, etc., which form the baseline building regulations applicable to all
occupancies in the State.
The 2010 Edition of the CBSC was approved by the California Building Standards Commission
earlier this year and will go into effect January 1, 2011. In order to ensure the continuity of the
City's building standards, the City must adopt an Ordinance incorporating the new codes which
take effect on January 1, 2011.
The 2010 Edition of the CBSC and the underlying model codes will be applicable to the City as
adopted by the State unless the City Council adopts a resolution finding that changes or
modifications are necessary due to local climatic, geological or topographical conditions. The
City Council made a number of such changes and modifications when the City previously
adopted and amended the model codes at the conclusion of the three-year cycle that ended in
2007.
The proposed Ordinance will amend, add or replace Chapters 5.08, 7.28, 7.32, 7.34, 7.36, 7.40,
7.44, 7.52 and 7.94 of the Dublin Municipal Code. This action will replace the codes adopted in
2007, as currently referenced in the Municipal Code, with the code versions now required by the
California Building Standards Commission, and as referenced in the California Building
Standards Code. These new Codes will benefit the City by:
1. Ensuring consistency with neighboring jurisdictions and the Bay Area;
2. Providing internally consistent, coherent and easier to use codes for City Staff;
3. Making it easier for the public to review and to understand the model code
requirements; and
4. Ensuring the City's compliance with the State's building standards laws.
The proposed Ordinance does not adopt the Administration Chapters of the various sub codes
of the CBSC or the underlying model codes, which include the permit fee tables, thus
maintaining the City's current permit fees.
CITY COUNCIL ACTION OF NOVEMBER 2, 2010:
On November 2, 2010, the City Council received a report from Staff (Attachment 1), took public
testimony, and waived the first reading of the Ordinance, adopted a resolution approving
amendments to provisions of the California Building Standards Code, and adopted a resolution
approving amendments to the City's Wildfire Management Plan.
As required by the City of Dublin Municipal Code, a second reading of the proposed Ordinance
(Attachment 2) is necessary prior to final adoption of the 2010 California Building Standards
Code (CBSC). The Ordinance adopting the CBSC will become effective on January 1, 2011.
Page 2 of 3
ATTACHMENTS: 1. November 2, 2010 Staff Report (w/out Attachments)
2. Ordinance of the City Council of the City of Dublin Repealing
Chapters 5.08 (Fire Code), 7.28 (Building Regulation Administration),
7.32 (Building Code), 7.36 (Electrical Code), 7.40 (Plumbing Code),
Chapter 7.44 (Mechanical Code), 7.52 (Abatement Of Nuisances),
and 7.94 (Green Building Code) of the Dublin Municipal Code; and
Adding Chapters 5.08 (Fire Code), 7.28 (Building Regulation
Administration), 7.32 (Building Code), 7.34 (Residential Code), 7.36
(Electrical Code), 7.40 (Plumbing Code), Chapter 7.44 (Mechanical
Code), 7.52 (Abatement of Nuisances), and 7.94 (Green Building
Code) of the Dublin Municipal Code In Order To Adopt By Reference
and Amend Provisions of the 2010 Edition of the California Building
Standards Code, Title 24, California Code of Regulations with the
Code Chapters attached as Exhibits A-I.
Page 3 of 3
G`~~ ~r vU~~~
iii ~
`~`"~ ~~` STAFF REPORT
~~c~~~,~. ~ DUBLIN CITY COUNCIL
~ ~ ~~,
CITY CLERK
File # ^~~n-nn
DATE: November 2, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJE : Updates to the City's Construction and Fire Codes and Wildfire Management Plan
in accordance with requirements of State Law
Prepared By: Gregory Shreeve Sr., Building Official and Bonnie Terra, Fire
Marshal
EXECUTIVE SUMMARY:
The 2010 Edition of the California Building Codes Standards (CBSC) was approved by the
California Building Standards Commission earlier this year and will go into effect on January 1,
2011. In order to ensure the continuity of the City's building standards, the City must adopt an
Ordinance incorporating the new codes which take effect on January 1, 2011. The City Council
is being asked to review and adopt an Ordinance repealing the 2007 California Building Codes
Standards and adopting the 2010 California Building Codes Standards. In connection with this
action, the City Council is also being asked to adopt a Resolution approving findings re~ating to
the City's amendments to the California Building Code Standards, and a Resolution amending
the City Wildfire Management Plan.
FINANCIAL IMPACT:
The adoption of the California Green Building Standards Code will have an unknown financial
impact on the City due to the increase in plan check and inspection resources required to verify
the State requirements. The cost associated with the implementation of this new code will be
studied during the next fee update. The other costs for implementing the new codes, such as
material and training, have been included in the FY 2010-2011 Budget.
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the public
hearing; 3) Receive public testimony; 4) Close the public hearing and deliberate; and 5} Take
the following actions: a) Adopt Resolution approving the Finding of Necessity for Amendments
to the 2010 California Building Standards Code, as recommended by Staff, b) Waive the
reading and introduce an Ordinance Repealing and Adopting Chapters 5.08 (Fire Code), 7.28
(Building Regulation Administration), 7.32 (Building Code), 7.36 (Electrical Code), 7.40
(Plumbing Code), Chapter 7.44 (Mechanical Code), 7.52 (Abatement Of Nuisances), and 7.94
(Green Building Code) and Adding 7.34 (Residential Code), of the Dublin Municipal Code, in
Order To Adopt By Reference and Amend Provisions of the 2010 Edition of the California
ATTACHMENT 1
~,~ ~~ i!~`i~)
Page 1 of 9
a~~~
Building Standards Code, Title 24, California
amending the Wildfire Management Plan.
bmitted By
Community Development Director
Code of Regulations, and
Rev d By
Assistant City Manager
c) Adopt Resolution
DESCR{PTION:
Approximately every three years, the California Building Standards Commission, along with
other State agencies, reviews and amends Title 24 of the California Code of Regulations, a.k.a.
the California Building Standards Code (CBSC). The CBSC contains several sub codes: the
California Building Code, California Electrical Code, etc., that are applicable and enforceable at
the local level. Once adopted by the State, local jurisdictions, such as the City, may amend the
CBSC as necessary to account for local climatic, geological or topographical conditions. The
CBSC is based upon several underlying model codes: e.g., the International Building Code, the
National Electric Code, etc., which form the baseline building regulations applicable to all
occupancies in the State.
The 201 Q Edition of the CBSC was approved by the California Building Standards Commission
earlier this year and will go into effect January 1, 2011. In order to ensure the continuity of the
City's building standards, the City must adopt an Ordinance incorporating the new codes which
take effect on January 1, 2011.
The 2010 Edition of the CBSC and the underlying model codes will be applicable to the City as
adopted by the State unless the City Council adopts a resolution finding that changes or
modifications are necessary due to local climatic, geological or topographical conditions. The
City Counci! made a number of such changes and modifications when the City previously
adopted and amended the model codes at the conclusion of the three-year cycle that ended in
2007. Each time the State updates the Codes the City is required to re-adopt any amendments
that have been made at the local level; therefore, Staff is recommending that the majority of the
amendments made by the City Council during the last code cycle be brought forward into the
new codes.
Staff is recommending the deletion of the structural amendments adopted in the Building Code
in 2007. These prior amendments are now included in the Building Code and are no longer
necessary. In addition, Staff is recommending the deletion of the City's prohibition of gray water
systems. These modifications are analyzed in the Building and Plumbing Code sections of this
Staff Report. This Staff Report does not discuss those past changes already approved by the
City that are brought forward. For a complete list of all changes, see Attachment 1, Exhibit A.
The State has added two new codes for enforcement by the City: the Residential Code (CRC)
and the Green Building Standards Code (Cal Green). The Residential Code was originally part
of the Building Code. To facilitate residential construction the requirements for the construction
of one or two family dwellings (single-family) and townhouses have been removed from the
Building Code and placed into the Residential Code. Since this code is based on the existing
Buifding Code and only consists of requirements for single-family units and townhouses, it
should be easier for the home developer to use and will not require additional Staff resources.
This is not the case with the Green Building Standards Code. The California Green Building
Code was written by the State with input from stakeholder groups including designers,
sustainable feature experts, contractors / developers and city officials. The California Green
Page 2 of 9
~~~~~
Bui(ding Code includes 28 mandatory residential features and 82 mandatory commercial
features. These new codes are analyzed in the Residential and Green Building Code sections
of this Staff Report.
The proposed Ordinance will amend, add or replace Chapters 5.08, 7.28, 7.32, 7.34, 7.36, 7.40,
7.44, 7.52 and 7.94 of the Dublin Municipal Code. This action will replace the codes adopted in
2007, as currently referenced in the Municipal Code, with the code versions now required by the
California Building Standards Commission, and as referenced in the California Building
Standards Code. These new Codes will benefit the City by:
1. Ensuring consistency with neighboring jurisdictions and the Bay Area;
2. Providing internally consistent, coherent and easier to use codes for City Staff;
3. Making it easier for the public to review and to understand the model code
requirements; and
4. Ensuring the City's compliance with the State's buifding standards laws.
The proposed Ordinance does not adopt the Administration Chapters of the various sub codes
of the CBSC or the underlying model codes, which include the permit fee tables, thus
maintaining the City's current permit fees.
SUMMARY OF PROPOSED MODIFICATIONS TO THE MUNICIPAL CODE:
Fire Code
The amendments to the Fire Code (Attachment 2, Exhibit A) are required to adopt the latest
International and California Fire Codes and for general housekeeping purposes. These
changes are necessary to remain current with State Law. The existing modifications have been
brought forward, except Staff is recommending that the following modifications be deleted from
the code:
1. Section 5.08.080 requiring operational permits has been modified to remove City
amendments that are now covered by the model code or other areas of State Law; and
2. The requirements for the installation of gates and barricades, key boxes for new buildings,
fire protection of water supplies and clear space around fire hydrants have been deleted as
these are now covered by the model code or the California Vehicle Code.
The above changes are necessary to stay consistent with State Law and to avoid
confusion in the codes.
Sections that have been renumbered or relocated only within the code are not listed. In
addition, Staff is recommending the following five additions to the Fire Code:
1. Section 5.08.030 has been modified to include the adoption of Appendix Chapter p of the
Fire Code. This Chapter includes the requirements for access roads, therefore allowing the
City to delete the modification to the Fire Code requiring a minimum number of access
roads. The model code requirements are similar to the existing code and do not reduce the
City's fire protection requirements. This modification is necessary to stay consistenf with
State Law. In addition, this is a customer service improvement as Staff has received a
number of requests from the development community to use this Chapter of the code to
design projects;
Page 3 of 9
~~ ~g
b
2. Section 5.08.130 has been modified due to changes in the model code requirements for the
installation of fire sprinkler systems in all residential buildings. These modifications are
analyzed in the Building and Residential Code sections of this Staff Report. This Section is
necessary to make the Fire Code consistent with the Building Code;
3. Section 5.08.140 has been modified to further define when a fire sprinkler system is
required in an existing building. This modification is analyzed in the Residential Code
section of this Staff Report. This Section is necessary to make the Fire Code consistent
with the Building and Residential Code;
4. Section 5.08.210 modifies the requirements for fire truck access to meet the City's current
standards. This modi~cation is necessary to maintain the City's current fire protection
safety levels; and
5. Section 5.08.220 deletes the exceptions that allow for a single access road for an unlimited
number of single-family dwellings and up to 200 multip{e-family units in projects, provided
that all units are provided with fire sprinklers. This modi~cation is necessary fo maintain the
City's current fire protection safety levels.
Buildinq Requlation Administration
The Gity Attorney's Office has made revisions to Chapter 7.28 (Building Regulation
Administration) (Attachment 2, Exhibit B) to reflect modifications previously made to Chapter
5.64, to address property maintenance issues relating to partially constructed buildings. Other
changes were made to ensure that the role, duties and authority of the City Building Official are
well defined and reference the Building Official's ability to institute abatement actions for
vio(ations of Chapter 7.28 pursuant to the provisions of Chapter 7.52 (Abatement). The existing
penalty provisions contained in Section 7.28.200 were deleted, and a new Section 7.28.200
was added to reference the prosecution provisions contained in DMC Section 1.04.030, and the
abatement provisions contained in Chapter 7.52. Other non-substantive changes were made to
the Chapter to ensure its consistency with the rest of the Dublin Municipal Code.
Buildinq Code
The Building Code (Attachment 2, Exhibit C) has been rewritten to remove the requirements for
single-family dwellings and townhouses as discussed earlier in this Staff Report. Existing
modifications have been brought forward into this code or have been moved to the Residential
Code, except for the structural revisions adopted in 2007, which must be updated to be
consistent with the latest structural design standards or City modifications that are now part of
the model code. These modifications include the following and are being recommended for
deletion from the City requirements:
1. The requirement for the installation of smoke alarms when a permit is required with a
valuation of $1,000 or greater and the exception if the permit is for work on the exterior of
the building only. As of January 1, 2011, Stafe law will require the installation of smoke
alarms with any building permit; and
2. The modifications for egress width of corridors, stairways and doors and the separation
distance of exit pathways. These areas are now covered in the model code.
The above changes are necessary to stay consistent with State Law and to avoid
conflicts in the codes.
Page 4 of 9
~~~ ~~
~
Sections that have been renumbered or relocated only within the code are not listed below. In
addition, Staff is recommending the following additions to the Building Code.
1. Section 7.32.150 of the Dublin Municipal Code, amends the definition of high fire zones
locations to be consistent with City Wildfire Management Plan. This is necessary to
allow the enforcement of this chapter in areas determined by the Fire Marshal to be in a
high fire zone;
2. Section 7.32.160 of the Dublin Municipal Code, amends the definition by including the
definitions of open space and undeveloped land. This is necessary to clarify which
buildings, structures or land is adjacent to open space or undeveloped land;
3. Sections 7.32.210 thru 7.32.230 are structural in nature and are required to meet the
latest engineering standards. These Sections replace structural formulas and seismic
bracing requirements that are not current with the latest standards. These amendments
wou/d base newer building designs on the latest Design Standards; and
4. Section 7.32.300 of the Dublin Municipal Code is the Building Security Code of the City.
The security section of the Building Code has been rewritten to remove the requirements
for buildings covered under the Residential Code. The remaining security requirements
have been combined into a single revision. This section of the code has been reviewed
by the Police Department and has been designed to meet Crime Prevention
requirements.
Residential Code
The amendments to the Residential Code (Attachment 2, Exhibit D) are required to adopt the
new California Residential Codes and to maintain the City's current requirements for single-
family units and townhouses. City amendments that have been brought forward from the
Building Code are not listed below. These amendments include modifications such as the title,
purpose and scope the Residential Code. Staff is recommending the following modifications to
the Residential Code:
1. Section 7.34.120 of the Dublin Municipal Code, amends table R301.2(1) to establish the
Climatic and Geographic Design Criteria for new buildings. This amendment is
necessary to codify the design criteria for new residential buildings;
2. Sections 7.34.130 and 7.34.140 of the Dublin Municipaf Code modifies the requirement
for when the installation of a fire sprinkler system is installed. The current requirements
of the Dublin Municipal Code require all dwellings to install fire sprinklers when the
building has a total of 5,000 square feet or larger, if the building is 3 stories in height or is
more then 1.5 miles from a fire station. The State Building and Residential codes require
a fire sprinkler system in all new residential buildings. However, the exceptions permit
additions to existing buildings of any amount without the installation of fire sprinklers.
Staff is recommending two modifications:
a) The first is to require the installation of fire sprinklers in buildings with a total of
3,600 square feet. Therefore, any dwelling that is expanded to 3,600 square feet
or more would require the installation of fire sprinklers. The requirement for the
installation of fire sprinklers at 3,600 square feet will allow for the same level of
Paqe 5 of 9
~~~~~a
overa{I fire safety to the community without triggering the requirement for
additional fire hydrants; and
b) The second modification is to add a definition for a new building for this section.
Staff is recommending that a new section be added that, if a building removes 50
percent of the exterior walls, it be considered a new building for this code section.
This would require a property owner to add fire sprinklers to their dwelling if they
knock down 50 percent of all the exterior walls. However, adding an addition in
the rear yard that removes only 1 full wall would not meet the 50 percent standard
and therefore, fire sprinklers would not be required by this section but could be
required due to size. These modifications are necessary because the City has a
dry period of at least five months each year. Additionally, the area is subject to
occasional drought. Because of dryness, a rapidly burning grass fire or exterior
building fire can quickly transfer to other buildings. These modifications are
consistent with the proposed amendments to the Fire Code.
3. Sections 7.34.150 and 7.34.160 of the Dublin Municipal Code is the Residential Security
codes for the City. These modifications bring forward and update the residential security
requirements for the City from the Building Code. This secfion of the code has been
reviewed by the Police Department and has been designed to meet Crime Prevention
requirements.
Electrical Code
The amendments to the Electrical Code (Attachment 2, Exhibit E) are required to adopt the
latest National and California Electrical Codes and for general housekeeping purposes. These
changes are necessary to remain current with State Law. The existing modification, setting
standards for the location of electrical receptacles in office spaces,has been brought forward.
Plumbinq Code
The amendments to the Plumbing Code (Attachment 2, Exhibit F) are required to adopt the
latest Uniform and California Plumbing Codes. The existing modification restricting the
installation of water piping under a concrete slab has been brought forward. Staff is
recommending that the existing modification that prohibits the use of Non-Potable water reuse
systems, otherwise known as graywater systems, be removed from the Municipal Code. The
use of graywater to irrigate landscaping is a water savings measure. Graywater includes, but is
not -imited to, wastewater from bathtubs, showers, bathroom washbasins, cloths washing
machines and laundry tubs, but does not included wastewater from kitchen sinks or
dishwashers. Graywater systems allow wastewater from the above areas to drain directly to
tandscape areas or to a holding tank for irrigation purposes later on. This is necessary because
the California Plumbing Code now requires jurisdictions to permit the installation of Non-Potable
water reuse sysfems, graywater.
The Plumbing Code includes a number of other new standards to address water conservation.
Two of which are the inclusion of nonwater urinals and a reduction in water use by water closets
from 1.6 gallons to 1.28 gallons per flush.
Paqe 6 of 9
~ ~ ~~
Mechanical Code
The amendments to the Mechanical Code (Attachment 2, Exhibit G) are required to adopt the
latest Uniform and California Mechanical Codes. These changes are necessary to remain
currenf with State Law. The existing modification, deleting the administrative chapter,has been
brought forward.
Abatement of Nuisances
The City Attorney's Office has prepared amendments to Chapter 7.52 (Abatement of
Nuisances) (Attachment 2, Exhibit H), which has been revised to reflect modifications previously
made to Chapter 5.64 (Property Maintenance) to address property maintenance issues relating
to partially constructed buildings. Section 7.52.210 was also revised to reference general
abatement procedures contained in Section 1.04.061 of the Dublin Municipal Code. In addition
to these changes, non-substantive changes were made to the Chapter to ensure its consistency
with the rest of the Dublin Municipal Code.
Green Buildinq Code
One of the City's 2010-2011 adopted goals and objectives is to "Explore the feasibility of a
mandatory requirement for the installation of sustainable features, like solar power building
infrastructure for future installation, for new residential and non-residential development projects
and look at possible incentives" (Goal I-F-13). To accomplish this goal, Staff is recommending
the adoption of the California Green Building Code mandatory measures. In addition, Staff is
recommending two amendments requiring access for future solar systems (listed below as
sections 7.94.060 and 7.94.070). With the adoption of this code, all residential and non-
residential buildings will include sustainable features. In addition, residentia{ projects in excess
of twenty units will maintain the current requirement of obtaining 50 points under the Build It
Greentm or LEEDt"' for homes programs.
The amendments to the Green Building Code (Attachment 2, Exhibit I) are required to adopt the
new California Green Building Standards Codes and to maintain the City's current Green
Building requirements. These changes are necessary to remain current with State Law.
Sections that have been renumbered or relocated only within the code are not listed. Staff is
recommending the following three modifications to the Green Building Code:
1. Section 7.94.050 Definitions has been amended to add definitions relating to the City's
current Green Building requirements to the State Green Building Code. This is
necessary as to not create confusion in the codes;
2. Section 7.94.060 of the Dublin Municipal Code, requires residential projects to install
electrical conduit for future access for solar systems. This is necessary to achieve the
City Council Goal of requiring sustainable features; and
3. Section 7.94.070 of the Dub~in Municipal Code, requires non-residential projects to install
electrical conduit for future access for solar systems. This is necessary to achieve the
City Council Goal of requiring sustainable features.
As noted above in the Building Regulation Administration Chapter, the appeals and
enforcement section of the current Green Building Code has been moved to Chapter 7.28 of the
Dublin Municipal Code. This is necessary to remain consisfent with Stafe Law.
Paqe 7 of 9
~ ~l~
~
WILDFIRE MANAGEMENT PLAN
The City's Wildfire Management Plan ("the Plan) requires specific construction methods, fire
resistive materials, tree trimming and vegetation management within fire buffer zones. The Plan
was adopted in 1996 in order to satisfy Mitigation Measure 3.4/12.0 of the Eastern Dublin
Environmental Impact Report ("the EIR"). The EIR required that the City develop a Wildfire
Management Plan, in consultation with fire authorities, to mitigate the impact of development in
the Eastern Dublin Specific Plan area.
The EIR provides that the objective of the Plan is to "reduce the risk of open land wildfire to the
lowest practical level consistent with reasonable protection of wildlife habitat and other open
space values." The EIR requires that the Plan address various issues, including how open
lands in Eastern Dublin will be owned, used and maintained, as well as what wildfire hazard
mitigation measures will be implemented.
As part of the proposed adoption of the California Building Codes Standards, Staff proposes to
include Chapter 7A of the California Building Standards Code as part of the Dublin Building
Code. Chapter 7A includes requirements analogous to the wildfire hazard mitigation measures
contained in the Plan. In order to simplify the sources to which Staff must look when reviewing
proposed construction, the City Attorney's Office has prepared an amendment to the Plan that
references the mitigation measures contained in Chapter 7A, and deletes the duplicative
measures contained in the Plan.
Since Chapter 7A does not contain certain features that are required by the EIR mitigation
measure, a simplified version of the Plan will remain in effect to ensure that the City remains in
compliance with its mitigation obligations under the EIR. (Attachment 3, Exhibit A)
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was published in the Valley Times and posted at
several locations throughout the City. A notice of this hearing was mailed to those requesting
such notice ten days before the hearing and the Staff Report and attachments were made
available for public review prior to the public hearing in accordance with Government Code
Sections 65090 and 65091.
ATTACHMENTS: 1. A Resolution of the City Council of the City of Dublin approving
findings regarding the need for amendments to provisions in the
California Building Standards Code as adopted by the State of
California, in the California Code of Regulations, Title 24, to be
adopted by reference in the Dublin Municipal Code with the findings
for local modifications to the 2010 Editions of the California Fire
Code, California Building Code, California Plumbing Code, California
Mechanical Code, California Green Building Code as set forth in the
2010 California Building Standards Code attached as Exhibit A.
2. An Ordinance of the City Council of the City of Dublin Repealing
Chapters 5.08 (Fire Code), 7.28 (Building Regulation Administration),
7.32 (Building Code), 7.36 (Electrical Code), 7.40 (Plumbing Code),
Chapter 7.44 (Mechanical Code), 7.52 (Abatement Of Nuisances),
and 7.94 (Green Building Code) of the Dublin Municipal Code; and
Adding Chapters 5.08 (Fire Code), 7.28 (Building Regulation
Administration), 7.32 (Building Code), 7.34 (Residential Code), 7.36
Paae 8 of 9
I ~ ~~
~
(Electrical Code), 7.40 (Plumbing Code), Chapter 7.44 (Mechanical
Code), 7.52 (Abatement of Nuisances), and 7.94 (Green Building
Code) of the Dublin Municipal Code In Order To Adopt By Reference
and Amend Provisions of the 2010 Edition of the California Building
Standards Code, Title 24, California Code of Regulations with the
Code Chapters attached as Exhibits A-I.
3. A Resolution of the City Council of the City of Dublin Amending the
City of Dublin's Wildfire Management Plan with the Wildfire
Management Plan attached as Exhibit A.
PanP9nfA
~U~~~~
ORDINANCE NO. xx - 10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**************
REPEALING CHAPTERS 5.08 (FIRE CODE), 7.28 (BUILDING REGULATION
ADMINISTRATION), 7.32 (BUILDING CODE), 7.36 (ELECTRICAL CODE), 7.40 (PLUMBING
CODE), CHAPTER 7.44 (MECHANICAL CODE), 7.52 (ABATEMENT OF NUISANCES), AND
7.94 (GREEN BUILDIIVG CODE) OF THE DUBLIN MUNICIPAL CODE; AND ADDING
CHAPTERS 5.08 (FIRE CODE), 7.28 (BUILDING REGULATION ADMINISTRATION), 7.32
(BUILDING CODE), 7.34 (RESIDENTIAL CODE), 7.36 (ELECTRICAL CODE), 7.40
(PLUMBING CODE), CHAPTER 7.44 (MECHANICAL CODE), 7.52 (ABATEMENT OF
NUISANCES), AND 7.94 (GREEN BUILDING CODE) OF THE DUBLIN MUNICIPAL CODE IN
ORDER TO ADOPT BY REFERENCE AND AMEND PROVISIONS OF THE 2010 EDITION OF
THE CALIFORNIA BUILDING STANDARDS CODE, TITLE 24, CALIFORNIA CODE OF
REGULATIONS
The City Council of the City of Dublin does hereby ordain as follows:
Section 1. Chapters 5.08 (Fire Code), 7.28 (Building Regulations Administration), 7.32
(Building Code), 7.36 (Electrical Code), 7.40 (Plumbing Code), 7.44 (Mechanical Code), 7.52
(Abatement of Nuisances), and 7.94 (Green Building Code) of the Dublin Municipal Code are
hereby repealed.
Section 2. Chapter 5.08 (Fire Code), which adopts by reference and amends the 2010
California Fire Code and the 2009 International Fire Code, is added to the Dublin Municipal
Code as set forth in Exhibit A to this Ordinance.
Section 3. Chapter 7.28 (Building Regulation Administration) of the Dublin Municipal
Code is added to the Dublin Municipal Code as set forth in Exhibit B to this Ordinance.
Section 4. Chapter 7.32 (Building Code), which adopts by reference and amends the
2010 California Building Code and the 2009 International Building Code, is added to the Dublin
Municipal Code as set forth in Exhibit C to this Ordinance.
Section 5. Chapter 7.34 (Residential Code), which adopts by reference and amends the
2010 California Residential Code and the 2009 International Residential Code, is added to the
Dublin Municipal Code as set forth in Exhibit D to this Ordinance.
Section 6. Chapter 7.36 (Electrical Code), which adopts by reference and amends the
2010 California Electrical Code and the 2008 National Electric Code, is added to the Dublin
Municipal Code as set forth in Exhibit E to this Ordinance.
Section 7. Chapter 7.40 (Plumbing Code), which adopts by reference and amends the
2010 California Plumbing Code and the 2009 Uniform Plumbing Code, is added to the Dublin
Municipal Code as set forth in Exhibit F to this Ordinance.
Section 8. Chapter 7.44 (Mechanical Code), which adopts by reference and amends the
2010 California Plumbing Code and the 2009 Uniform Mechanical Code, is added to the Dublin
Municipal Code as set forth in Exhibit G to this Ordinance.
Page 1 of 3 ATTACHMENT 2
ll ~g
~
Section 9. Chapter 7.52, "Abatement of Nuisances," of the Dublin Municipal Code, is
added to the Dublin Municipal Code as set forth in Exhibit H to this Ordinance.
Section 10. Chapter 7.94, "Green Building Code," of the Dublin Municipal Code, which
adopts by reference and amends the 2010 California Green Building Standards Code, is
amended as set forth in Exhibit I to this Ordinance.
Section 11. No penalty clauses are adopted by reference pursuant to this Ordinance. At
least one true copy of codes adopted by reference pursuant to this Ordinance have been on file
with the City Clerk since fifteen days prior to enactment of this Ordinance. While Chapters 5.08,
7.32, 7.34, 7.36, 7.40, 7.44 and 7.94 of the Dublin Municipal Code remain in force, a reasonable
supply of the incorporated codes shall be available in the office of the City Clerk for public
purchase.
Section 12. Severability. The provisions of this Ordinance are severable and if any
provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or
inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or
inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences,
sections, words or parts thereof of the ordinance or their applicability to other persons or
circumstances.
Section 13. This Ordinance shall take effect on January 1, 2011. The California Building
Standards Commission (the "Commission") adopted and published the 2010 California Building
Standards Code (the "CBSC") in 2010. The CBSC incorporates the 2009 editions of the
International Fire Code, International Building Code, International Residential Code, Uniform
Plumbing Code, and Uniform Mechanical Code, and the 2008 edition of the National Electrical
Code. These models codes as adopted and amended by the State of California are retitled as
the California Fire Code, California Building Code, California Residential Code, California
Plumbing Code, California Mechanical Code and the California Electrical Code, and are set forth
in Title 24 of the California Code of Regulations. Under Section 18938 of the Health and Safety
Code, provisions published in the CBSC pursuant to Health and Safety Code Section 17922
apply to all occupancies throughout the State and become effective one hundred and eighty
days after publication by the Commission, or at a later date established by the Commission.
The Commission has established that the 2010 version of the CBSC will take effect on January
1, 2011. In accordance with Health and Safety Code Section 17958.5, if a city desires to amend
the CBSC, the amendments may not take effect earlier than the effective date of the CBSC.
The portions of the CBSC adopted by reference in this Ordinance are amended in accordance
with Health and Safety Code Section 17958.5 based on findings of the City of Dublin set forth in
Resolution No._-10. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance with Government
Code Section 36933.
Page 2 of 3
I
(~ ~ ~ ~)
PASSED AND ADOPTED BY the City Council of the City of Dublin on this day of
November, 2010, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
1534164.1
G:IPA#1201018uilding Code UpdateslDublin - 2010 CBSC update (ord).DOC
Page 3 of 3
~~~~~
Chapter 5.08
FIRE CODE
Sections:
5.08.010 Title
5.08.020 Purpose
5.08.030 Adoption of the International Fire Code
5.08.040 Authority
5.08.050 Section 102.10 Applicability-Added.
5.08.060 General Authority and Responsibilities
5.08.070 Section 104.9, Requests for Alternative Means of Protection-Amended
5.08.080 Section 105.6-Amended; Section 105.6.46a-Added..
5.08.090 Section 108.1 Board of Appeals-Amended.
5.08.100 Section 111 Stop Work Order-Amended.
5.08110 Chapter 2 Definitions-Amended.
5.08.120 Section 503.2.3.1 Specifications-Added.
5.08.130 Sections 903.2.1.2, 903.2.1.3, 903.21.4-Deleted; Sections 903.21.1,
903.2.3, 903.2.4, 903.2.7, 903.2.9, 903.2.11.3-Amended; and Sections
903.2.2.1 and 903.2.19-Added.
5.08.140 Section 903.6-Amended; Sections 903.6.2 and 903.6.3-Added.
5.08.150 Section 907.1-Amended; Sections 90710, 907.10.1, 907.10.2 and
907.10.3-Added
5.08.160 Section 2206 Flammable and Combustible Liquid Motor Fuel-
Dispensing Facilities-Amended.
5.08.170 Section 2703.2.4.2 Hazardous Materials General Provisions-Amended
5.08.180 Section 3301.1.3 Fireworks-Amended
5.08.190 Section 3301.8 Establishment of quantity of explosives and distances-
Amended.
5.08.200 Section 3804.2 Maximum capacity within established limits-Amended.
5.08.210 Appendix D- Fire Apparatus, Access Roads - Amended
5.08.220 New Materials, Processes or Occupancies which may require permits.
5.08.230 Violations - Penalties
5.08.010 Title.
The Fire Codes adopted by section 5.08.030 and the provisions of this Chapter shall
constitute the City Fire Code and may be referred to as such.
5.08.020 Purpose
The promotion and preservation of the public health, safety and general welfare of the
people of the City and the property situated therein have made necessary the adoption of
the International Fire Code referred to in Section 5.08.030 in order to adequately
safeguard life, health, property, and general welfare. The purpose of this Code is not to
create or otherwise establish or designate any particular class or groups of persons who
will or should be especially protected or benefited by the terms of this Code.
Page 1 of 11
EXHIBIT A ~
'~f.C~ C'~."~`~ ~ ~_Y`s ~'e~'?,~'
I~~~~>
5.08.030 Adoption of Fire Codes.
The 2010 California Fire Code, Part 9, Title 24 of the California Code of Regulations, a
portion of the California Building Standards Code, as defined in California Health and
Safety Code section 18901 (hereinafter referred to as the "state code"), including
Appendices B, C, D, and any rules and regulations promulgated pursuant to the state
code, and the International Fire Code, 2009 Edition, as published by the International
Code Council (hereinafter referred to as the "IFC", are hereby adopted and incorporated
by reference herein for the purpose of prescribing regulations governing conditions
hazardous to life and property from fire, hazardous materials or explosion.
Notwithstanding the foregoing, the provisions of the state code and the IFC are amended
as set forth in Sections 5.08.050 through 5.08.210, inclusive. Copies of the state code,
IFC have been and are now filed in the Office of the City Clerk, 100 Civic Plaza, Dublin,
California, for use and examination by the public. From the date on which this
Ordinance shall take effect, the provisions of the state code and IFC shall be controlling
within the limits of the City of Dublin.
5.08.040 Authority
The Fire Department referred to herein and in the codes adopted pursuant to Section
5.08.030 shall be the entity which provides fire suppression and prevention services to
the City by contract, and the Fire Chief or Fire Code Official referred to herein and in the
codes adopted pursuant to Section 5.08.030 shall be the Fire Chief of the Fire
Department, or his or her designee, acting under the direction of the City Manager.
5.08.050 Section 102.10 Applicability-Added.
Section 102.13 is added to read as follows:
102.13 Applicability. Where not otherwise limited by law, the provisions of
this Code shall apply to vehicles, cargo containers, ships, boats, and mobile
vehicles when fixed in a specific location within the boundaries of this
jurisdiction.
5.08.060 General Authority and Responsibilities.
Sections 104.2.1, 104.22, 104.2.3, and 104.2.4 are added to read as follows:
104.2.1 Fee for Plan Review, Inspection and Permits. The City Council may,
by resolution, establish a schedule of nondiscriminatory fees to be charged and
collected for plans submitted under Section 104.2, solely to defray the City's
reasonable costs for plan review of fire protection equipment and systems,
requested or required inspection services and issuance of permits. Permits issued
in accordance with Section 105.7 shall be valid for a period of one year.
104.2.2 Permit Processing Fee. Each application for a permit shall be
accompanied by a fee equal to forty percent (40%) of the total permit fee rounded
off to the nearest dollar. The permit processing fee shall be credited toward the
Page 2 of I 1
EXHIBIT A
~~~
total permit fee required. After permit processing has commenced, no portion of
the permit processing fee shall be refundable.
104.2.3 Refunds.
A. Sixty percent (60%) of any permit fee may be refunded to the
applicant prior to the expiration of the permit provided that the work
authorized under the permit has not commenced. Thirty percent (30%) of
the permit fee may be refunded to the applicant after a permit has expired
provided that the work has not commenced, but in no case shall any refund
be allowed after one (1) year from the date of expiration of the permit.
Requests for refund shall be in writing. Any expenses incurred by the City
other than the permit processing fee may be deducted from the refund.
B. If there was an error in calculating the amount of the permit fee
and such error resulted in overpayment of the permit fee, the amount of
overpayment may be refunded.
104.2.4 Fees-Partially completed work.
A. Where permits expire and the work has not been completed and a
new permit is subsequently issued for the completion of the work, the fee
for the new permit shall be a percentage of the amount of the fee in effect
at the time of issuance of the new permit.
Completed Inspections Percent of Permit Fee
1. If no inspections have 30
been made.
2. If rough inspection 15
has been made.
B. The fee determined by the foregoing shall be rounded to the
nearest dollar.
5.08.070 Section 104.9, Requests for Alternative Means of Protection-Amended
Section 104.9. is amended to read as follows:
104.9 Requests for Alternative Means of Protection. Requests for approval
to use an alternative material, assembly or materials, equipment, method of
construction, method of installation of equipment, or means of protection shall be
made in writing to the Fire Code Official by the owner or owner's authorized
representative and shall be accompanied by a full statement of the conditions.
Sufficient evidence of proof shall be submitted to substantiate any claim that may
be made regarding its conformance. The Fire Code Official may require tests
and the submission of a test report from an approved testing organization to
substantiate the equivalency of the proposed alternative means of protection.
Page 3 of 11
EXHIBIT A
r~~ ~~
Approval of a request for the use of an alternative material, assembly or
materials, equipment, method of construction, method of installation of
equipment, or means of protection shall be limited to the particular case covered
by the request and shall not be construed as establishing any precedent for any
future request.
5.08.080 Section 105.6-Amended; Section 105.6.46a-Added.
Section 105.6 is amended, and Section 105.6.46a is added, to read as follows:
105.6 Required operational permits. The Fire Code Official is authorized to
issue operation permits for the operations set forth in Sections 105.6.1 through
105.6.46a.
105.6.46a Model rockets. See California Code of Regulations Title 19, 1,
Article 17.
5.08.090 Section 108.1 Board of Appeals-Amended.
Section 108.1 is amended to read as follows:
108.1 Board of Appeals.
A. Any person aggrieved with the decision of the Fire Chief in connection
with the application or interpretation of this Code or an approval of alternative
materials or methods of construction may appeal to the City Council. Such appeal
shall be in writing and filed with the City Clerk within ten (10) days.
B. The City Council may, after hearing, interpret any provision of this Code.
C. The City Council may after hearing, vary the application of this Code in
any specific cases when, in its opinion, the enforcement thereof would be contrary
to the spirit and purpose of this Code or public interest. The City Council in
granting a variance may impose requirements or conditions to mitigate any
adverse effects that may result from granting the grievance.
D. In making 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
Code;
2. That the interpretation or variance will not lessen the protection to the
people of the City and the property situated therein.
E. The City Council may approve alternate materials or methods of
construction by overruling the decisions of the Fire Chief. In approval of 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
Page 4 of 11
EXHIBIT A
~ ~~~~~
least equivalent of that prescribed by this Code in quality, strength effectiveness,
fire resistance, durability, dimensional stability and safety.
F. The City Council may appoint a Board of Appeals to hear a 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. The Board of Appeals shall have the same authority and duties as the City
Council in interpreting this Code, granting variances, or approving alternate
materials or methods of construction. The Fire Chief 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.
G. The decision of the City Council or Board of appeals shall be final.
5.08.100 Section 111 Stop Work Order-Amended.
Section 1 ll.l.l is added to read as follows:
111.1.1 Stop Work Order. Whenever any installation of fire protection devices
covered by this Code is concealed without first having been inspected, the Fire
Chief may require, by written notice, that such work shall be exposed for
inspection. Whenever any construction or installation work is being performed in
violation of the plans and specifications as approved, a written notice shall be
issued to the responsible party to stop work on that portion of the work which is in
violation. The notice shall state the nature of the violation, and no work shall be
done on that portion of the project until the violation has been corrected.
Where work for which a permit is required by this Chapter is started or proceeds
prior to obtaining such permit, a penalty fee, in addition to the permit fee, shall be
assessed as follows:
Violation within two- ear eriod Penal Fee
First Equal to the permit fee
Second Double the permit fee
Third and subsequent Ten times the permit fee
The payment of such penalty fee shall not relieve any person from fully
complying with all of the provisions of this Chapter.
5.08.110 Chapter 2 Definitions-Amended.
Chapter 2 is amended by adding the following definitions to Section 202
Section 202 General Definitions.
City Council shall mean the governing body of the City of Dublin.
Page 5 of 11
EXHIBIT A
i~ ~~
City Manager shall mean~ the City Manager of the City of Dublin or his or her
designee.
Fire Trail means a graded firebreak of sufficient width, surface, and design to
provide access far personnel and equipment to suppress and to assist in preventing
a surface extension of fires.
Fuel break means a wide strip or block of land on which the vegetation has been
permanently modified to a low volume fuel type so that fires burning into it can
be more readily controlled.
5.08.120 Section 503.2.3.1 Specifications-Added.
Section 503.2.3.1 is added to read as follows:
503.2.3.1 Fire and Emergency Access Roads approved for construction sites
shall be designed to meet the requirements of Section 503.2. The access shall be
approved by the Fire Department prior to commencement of combustible storage
or construction on the site.
5.08.130 Sections 903.21.2, 903.21.3, 903.2.1.4-Deleted; Sections 903.2.1.1,
903.2.3, 903.2.4, 903.2.7, 903.2.9, 903.211.3-Amended; and Sections
903.2.2.1 and 903.2.19-Added.
Sections 9032.1.2, 903.2.1.3, 903.2.1.4 are deleted, Sections 903.2.1.1, 903.2.3,
903.2.4, 903.2.7, 903.2.9, and 903.2.11.3 are amended to read as follows, and Sections
903.2.1.1, and 903.2.19 are added to read as follows:
903.2.1.1 Group A Occupancies.
An automatic fire-extinguishing system shall be installed in all Group A
Occupancies (except of Type V construction) where the floor area exceeds 5,000
square feet (465 m2) and in all basements floor areas exceeding1,500 square feet
(139.4 m2). Group A occupancies that are of Type V construction where the floor
area exceeds 3000square feet (279 mz).
903.2.2.1 Group B Occupancies.
An automatic fire-extinguishing system shall be installed in Group B occupancies
(except Type V construction) where the floor area exceeds 5,000 square feet (465
m2). An automatic sprinkler system shall be installed in Group B, of Type V
construction where the floor area exceeds 3,000 square feet (279 m2).
903.2.3 Group E Occupancies.
An automatic fire-extinguishing system shall be in Group E, occupancies where
the floor area exceeds 5,000 square feet (465 m2).
Page 6 of 11
EXHIBIT A
~~ ~ ~~
903.2.4 Group F Occupancies.
An automatic fire sprinkler system shall be installed in all Group F occupancies
(except Type V construction) where the floor area exceeds 5,000 square feet (465
m2) an automatic sprinkler system shall be installed in all Group F occupancies of
Type V construction where the floar area exceeds 3,000 square feet (279 m2)
903.2.7 Group M Occupancies.
An automatic sprinkler system shall be installed in Group M occupancies where
the floor area exceeds 5,000 square feet (465 m2) (except Type V construction).
An automatic fire sprinkler system shall be installed in all retail sales rooms
classed as Group M and S occupancies of Type V construction where the floor
area exceeds 3,000 square feet (279 m2).
903.2.9 Group S Occupancies.
An automatic sprinkler system shall be installed in Group S occupancies where
the floor area exceeds 5,000 square feet (465 m2) (except Type V construction).
An automatic fire sprinkler system shall be installed in all retail sales rooms
classed as Group S occupancies of Type V construction where the floor area
exceeds 3,000 square feet (279 m2). (Sections 903.2.9, 903.2.9.2, 9032.9.2.10,
9032.10.1 are Deleted)
903.2.11.3 Buildings Three Or More Stories in Height.
An automatic sprinkler system shall be installed in all occupancies, regardless of
type of construction, if the building is three or more stories or more than 35 feet in
height measured from the pad grade level to the highest point of the building. An
automatic sprinkler system shall be installed in all other occupancies as may be
required by the 2010 California Building and Residential Code.
903.2.19 All Occupancies
Automatic fire-extinguishing systems shall be installed in all occupancies
located more than 1'/z miles from a fire station providing fire protection to that
location. Said distance shall be measured in a straight line.
Buildings containing portions which are required to have an automatic fire
extinguishing system because of the number of stories shall have the automatic fire
extinguishing system installed throughout and fire walls as set forth in Section 705
of the Building Code shall not be considered as creating separate buildings for the
purpose of this section.
Whenever an addition is made to an existing building, automatic fire-extinguishing
systems shall be installed if the existing building plus the addition exceeds the area
or height limitations set forth in this section. Whenever the use of an existing
Page 7 of 11
EXHIBIT A
~°~q~
building or portion thereof is changed in any manner so as to require the
installation of an automatic fire-extinguishing system, said system shall be
installed in that portion of the building housing the new use.
5.08.140 Section 903.6-Amended; Sections 903.6.2 and 903.6.3-Added.
Section 903.6 is amended, and Section 903.6.2 and 903.6.3 are added to read as follows:
903.6 Existing Buildings. All changes of occupancy classification in existing
buildings shall comply with the requirements contained in Section 903.2 of this
Code and Table 503 of the California Building Code.
903.6.2 When an addition to an existing building causes the total square footage
of the building to exceed the maximum floor area specified in Table 503 of the
California Building Code. Addition or alteration that removes 50% or more of the
existing exterior walls of a building shall be considered a new building for the
purposes of Section 903.
903.6.3 Existing buildings which do not conform to Current Building Code or
Fire Code requirements may be required to install an automatic fire extinguishing
system when an interior alteration or remodeling occurs, regardless of whether the
floor area is increased or use changed. It shall be the responsibility of the Fire
Code Official and the Building Official to evaluate the work being performed,
non-complying features, and determine if an automatic fire extinguishing system
will be required.
5.08150 Section 907.1-Amended;
907.10.3-Added.
Section 907.1 is amended and Sections
added to read as follows:
Sections 907.10, 907.10.1, 907.10.2 and
907.10, 907.10.1, 907.10.2 and 907.10.3 are
9071 General. This section covers the application, installation, performance and
maintenance of fire alarm systems and their components in new and existing
buildings and structures. The requirements of Section 9072 are applicable to new
buildings and structures. The requirements of Section 907.3 are applicable to
existing buildings and structures. In the event of a conflict between this section and
the provisions of Chapter 520 of the Dublin Municipal Code, the provisions of this
section shall control.
907.10 False Alarms.
907.10.1 Excessive False Alarms. Malfunctions, or mechanical trip of any sprinkler
alarm or other fire protection or detection system resulting in an alarm and
emergency dispatch of the Fire Department shall be subject to a false alarm charge
as established by this Code.
Page 8 of 11
EXHIBIT A
~i ~{, ~~
Exception: During a thirty (30) day period following the installation of any new fire
alarm system, the Fire Chief shall determine if the false alarms emanating from said
new installation are excessive.
907.10.2 Charges. After the initial thirty (30) day period following the installation
of a new system, two (2) false alarms within a consecutive ninety (90) day period
shall be deemed excessive and will be charged as false alarms.
907.10.3 False Alarm charges are as follows:
1 st false alarm -
Warning Letter
2nd false alarm in any 90 day period- $100.00
3rd and subsequent false alarms in
any 90 day period- $200.00
5.08.160 Section 2206 Flammable and Combustible Liquid Motor Fuel-
Dispensing Facilities-Amended.
Sections 2206.2.2, 22.6.2.3 and 2206.2.4 are amended to read as follows:
2206.2.2 Above-ground tanks located inside buildings.. The limits referred to
in Section 2206.2.2 in which storage of flammable or combustible liquids in
above ground tanks is prohibited, are hereby established as follows: Any area
zoned for other than commercial, industrial, or agricultural use.
2206.2.3 Above-ground tanks located outside, above grade. The limits
referred to in Section 2206.2.3 in which storage of flammable or combustible
liquids in above ground tanks is prohibited, are hereby established as follows:
Any area zoned for other than commercial, industrial, or agricultural use.
2206.2.4 Above-ground tanks located above-grade vaults or below-grade
vaults. The limits referred to in Section 2206.2.4 in which storage of flammable
or combustible liquids in above ground tanks is prohibited, are hereby established
as follows: Any area zoned for other than commercial, industrial, or agricultural
use.
5.08.170 Section 2703.2.4.2 Hazardous Materials General Provisions-Amended
Section 2703.2.4.2 is amended to read as follows:
2703.2.4.2 Above-ground tanks. Above-ground stationary tanks used for the
storage of hazardous materials shall be located and protected in accordance with
the requirements for outdoor storage of the particular material involved.
Notwithstanding the foregoing, above-ground stationary tanks used for the storage
of flammable or combustible liquids is prohibited in any area zoned for other than
commercial, industrial, or agricultural use.
Page 9 of 11
EXHIBIT A
~ ~ q~
Exception: Above-ground tanks that are installed in vaults complying
with Section 3003.16 or 3404.2.8 shall not be required to comply with
location and protection requirements for outdoor storage.
2703.2.4.21 Marking. Above-ground stationary tanks shall be marked
as required by Section 2703.5.
5.08.180 Section 3301.1.3 Fireworks-Amended
Section 3301.1.3 is amended to ad a sixth exception as follows:
1. The sale, use and discharge of fireworks are allowed in accordance with
Chapter 5.24 of the Dublin Municipal Code.
5.08.190 Section 3301.8 Establishment of quantity of explosives and distances-
Amended.
Section 3301.8 is amended to read as follows:
3301.8 Establishment of quantity of explosives and distances. The limits
referred to in Section 3301.8 of the 209 International Fire Code, in which storage
of explosives and blasting agents is prohibited, are hereby established as follows:
Any central business district area as defined by this Code and any area which is
zoned for other that industrial or agricultural use.
5.08.200 Section 3804.2 Maximum capacity within established limits-
Amended.
3804.2 Maximum Capacity Within Established Limits. The limits referred to
in Section 3804.2 are the 2006 International Fire Code in which storage of
compressed natural gas is prohibited, are hereby established as follows: Any area
zoned for other than commercial, industrial, or agricultural use.
5.08.210 Appendix D-Fire Apparatus Access Roads - Amended.
Figure D103.1 is amended to show the "Y" and "Hammerhead" configuration with 70'
legs. Furthermore, Figure D103.1 is amended to show the "Acceptable Alternative to
120' Hammerhead" with 140' totallength.
5.08.220 New Materials, Processes or Occupancies which may Require
Permits.
The City Manager, the Fire Chief and the Fire Code Official shall act as a committee to
determine and specify, after giving affected persons an opportunity to be heard, any new
materials, processes or occupancies far which permits are required in addition to those
enumerated in the 20010 California Fire Code. The Fire Code Official shall post such list
in a conspicuous place at the Dublin Civic Center and distribute copies thereof to
interested persons.
Page 10 of 11
EXHIBIT A
a3~ ~g
5.08.230 Violations - Penalties
A. Any person who violates any provisions of the 2010 California Fire Code as adopted
and amended herein or fails to comply therewith, or who violates or fails to comply
with any order made thereunder, or who builds in violation of any detailed statement
of specification or plans submitted and approved thereunder, or any certificate or
permit issued thereunder, and from which no appeal has been taken, or fails to
comply with such an order as affirmed or modified by the City Council or by a court
of competent jurisdiction, within the required time, shall severally for each such
violation and noncompliance, respectively, be guilty of an infraction.
B. Any person convicted of an infraction under the provisions of this Ordinance shall be
punished upon a first conviction by a fine of not more than one hundred dollars
($100), and for a second conviction within a period of one (1) year by a fine of not
more than two hundred dollars ($200), and for a third or any subsequent conviction
within a one (1) year period by a fine of not more than five hundred dollars ($500).
Any violation beyond the third conviction within a one (1) year period may be
charged by the District Attorney as a misdemeanor and the penalty for conviction of
the same shall be a fine or imprisonment, or both, not to exceed the limits set forth in
the California Penal Code Section 19.
C. At the discretion of the Fire Chief, any such violation constituting an infraction under
this Ordinance may, instead, be charged and prosecuted as a misdemeanar,
punishable by a fine or imprisonment, or both, not to exceed the limits set forth in
California Penal Code Section 19.
D. In addition to the penalties provided in this section, any condition caused or permitted
to exist in violation of any of the provisions on this Ordinance shall be deemed a
public nuisance and may be summarily abated by the City as such.
E. Each person shall be guilty of a separate offense for each and every day during any
portion of which any violation of any provisions of this Ordinance is committed,
continued or permitted by such person and shall be punishable accordingly.
F. The Fire Chief shall have the power to designate by written order that particular
officers or employees shall be authorized to enforce particular provisions of this
Ordinance. Officers or employees so designated shall have the authority to cite or
arrest persons who violate any of said provisions.
15254423
Page 11 of 11
EXHIBIT A
a~ ~g
~
Chapter 7.28
BUILDING REGULATION ADMINISTRATION
Article I. Definitions
7.28.010 Building Of~cial.
7.28.020 Dangerous building or structure.
7.28.030 Dangerous electrical, plumbing or mechanical installation.
7.28.040 Electrical installation.
7.28.050 Health officer.
7.28.060 Illegal building, structure or installation.
7.28.070 Mechanical installation.
7.28.080 Plumbing installation.
7.28.090 Substandard building.
7.28.100 This Chapter.
Article II. Authority of Building Official
7.28.110 Enforcement officer designated.
7.28.120 Right of entry.
7.28.130 Alternate materials and methods of construction.
7.28.140 Modifications.
7.28.150 Compliance-Tests.
7.28.160 Stop work orders.
7.28.170 Discontinuance of utilities-Authority.
7.28.180 Liability.
Article III. Enforcement
7.28.190 Occupancy or use violations.
7.28.200 Dangerous buildings, structures or installations.
7.28.210 Illegal buildings, structures or installations.
7.28.220 Existing buildings, structures or installations.
7.28.230 Maintenance requirements.
7.28.240 Code conflicts.
7.28.250 Violation.
7.28.260 Appeals.
7.28.270 Revocation or modification of variance.
Article IV. Permit Requirements
7.28.280 Permit-Required.
7.28.290 Exceptions.
7.28.300 Permit-Application.
7.28.310 Permit-Application-Plans and specifications.
7.28.320 Plans and specifications-Requirements.
7.28.330 Permit-Application-Plats required.
7.28.340 Permit-Issuance-Generally.
1 of 23
EXHIBIT B
-~" D {~. ~'I'A. ~: ~'~, M ~' n.-# ~
~ ~~
~
7.28.350 Permit-Issuance-Restrictions.
7.28.360 Permittee responsibility.
7.28.370 Granting of permit not approval for violation.
7.28.380 Permit-Expiration.
7.28.390 Application expiration.
7.28.400 Permit-Extensions.
7.28.410 Building Official-Authority to deny permit.
7.28.420 Permit-Suspension or revocation.
7.28.430 Fees-Generally.
7.28.440 Permit processing fee.
7.28.450 Refunds.
7.28.460 Fees-Partially completed work.
7.28.470 Additional fees for changes.
7.28.480 Reinspections.
7.28.490 Code compliance survey.
7.28.500 Inspection fee-Moved building.
7.28.510 Plan and specification storage fee.
7.28.520 Fees for additional plan checking.
7.28.530 Fees-Other inspection services.
Article V. Inspections
7.28.540 Generally.
7.28.550 Approvals required.
7.28.560 Inspection required before use commences.
7.28.570 Notification for inspections required.
7.28.580 Other inspections.
7.28.590 Special inspections.
7.28.600 Inspections-Moved buildings, structures, installations or systems.
Article VI. Occupancy
7.28.610 Generally.
7.28.620 Approval to connect utilities.
7.28.630 Temporary or partial occupancy.
7.28.640 Authority to withhold approval to occupy.
Article I. Definitions
7.28.010 Building Official.
There is established in the City the office of the Building Official, who is responsible for the
administration and enforcement of this Chapter as hereinafter provided. .
7.28.020 Dangerous building or structure.
"Dangerous building or structure" means any building or structure which has any or all of the
following conditions or defects to an extent that endangers the life, health, property, or safety of
the public or its occupants:
2 of 23
EXHIBIT B
a~~ ~g
A. 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;
B. Whenever the stress in any materials, member or portion thereof, due to all dead and live
loads, is more than one and one-half times the working stress or stresses allowed in the building
code for new buildings of similar structure, purpose or location;
C. Whenever any portion of a building or structure has been damaged by fire, earthquake,
wind, flood, or by any other cause, to such an extent the structural strength or stability of such
building or structure is materially less than it was before such catastrophe and is less than the
minimum requirements of the building code for new buildings of similar structure, purpose or
location;
D. 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;
E. Whenever any portion of a building ar structure, or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength or stability, or is not anchored,
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;
F. Whenever any portion of a building or structure has cracked, warped, buckled, ar settled to
such an extent that walls or other structural portions of the building or structure have materially
less resistance to winds or earthquakes than is required in the building code for similar new
buildings or structures;
G. Whenever the building or structure, or any portion thereof, is likely to partially or
completely collapse because of (1) dilapidation, deterioration, or decay; (2) faulty construction;
(3) the removal, movement or instability of any portion of the ground necessary for the purpose
of supporting building; (4) the deterioration, decay or inadequacy of its foundation; or (5) any
other cause;
H. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly
unsafe for the purpose for which it is being used;
I. Whenever the exteriar 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-third of the base;
J. Whenever the building or structure, exclusive of the foundations, shows thirty-three percent
(33%) or more damage or deterioration of its supporting member or members, or fifty percent
(50%) damage or deterioration of its nonsupporting members, enclosing or outside walls
coverings;
K. Whenever the building or structure has been so damaged by fire, wind, earthquake or
flood, or has become so dilapidated or deteriorated as to become (1) an attractive nuisance to
children; (2) a harbor far vagrants, criminal or immoral persons; or as to (3) enable persons to
resort thereto for the purpose of committing unlawful or immoral acts;
L. Whenever any building or structure has been constructed, exists, or is maintained in
violation of any specific requirement or prohibition applicable to such building or structure
provided by this Chapter or any law, ordinance, rule, or regulation in relation to the condition,
location or structure of buildings;
M. Whenever any building or structure has less than fifty percent (50%) in any
nonsupporting part, member or portion, or less than sixty-six percent (66%) in any supporting
3 of 23
EXHIBIT B
~~~ ~~)
part, member or portion of the (1) strength; (2) fire resisting qualities ar characteristics; ar(3)
weather resistance qualities or characteristics required by law in the case of a newly constructed
building of like area, height and occupancy in the same location regardless of whether such
building or structure was erected in accordance with all applicable laws and ordinances. For
buildings erected prior to the effective date of Alameda County Ordinance 74-66, the seismic
forces specified in Alameda County Ordinance 950 N.S. shall be used for determining the
percent of strength rather than the seismic forces required by law for a newly constructed
building of like area, height, and occupancy in the same location;
N. Whenever a building or structure, used or intended to be used for dwelling purposes, is
determined by the Building Official to be unsanitary, unfit for human habitation or in a condition
that it is likely to cause sickness or disease due to inadequate maintenance, dilapidation, decay,
damage, faulty construction or arrangement, or inadequate light, air or sanitation facilities or
other cause;
O. Whenever any building or structure is determined by the Building Official to be a fire
hazard due to obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack
of sufficient fire resistive construction, faulty electric wiring, gas connections or heating
apparatus or other cause;
P. Whenever any building or structure constitutes a public nuisance under this code or state
law or in equity;
Q. Whenever any portion of a building or structure remains on a site after the demolition or
destruction of such building or structure; or
R. Whenever any building or structure is abandoned and is determined by the Building
Official to be an attractive nuisance or hazard to the public.
7.28.030 Dangerous electrical, plumbing or mechanical installation.
"Dangerous electrical, plumbing or mechanical installation" means any electrical, plumbing or
mechanical installation which has any or all of the following conditions or defects and such
conditions or defects endanger the life, health, property ar safety of the public ar any persons
using such installation:
A. Whenever any protective or safety service specified in this Chapter is not provided, is
inoperative, or fails to function as originally intended;
B. Whenever any installation or any portion thereof is (1) dilapidated, deteriorated, or
decayed; (2) faulty; (3) obsolete; or (4) inadequately maintained;
C. Whenever any installation or any portion thereof is damaged by fire, wind, earthquake,
flood or any other cause;
D. Whenever any installation or any portion thereof was constructed, installed, altered or
maintained in violation of this Chapter; and/or
E. Whenever any installation is in such condition as to constitute a public nuisance under this
code or state law or in equity.
7.28.040 Electrical installation.
"Electrical installation" means any electrical wiring, appliance, device, equipment, and
apparatus used for or in connection with the transmission or use of electrical energy for light,
power, radio, signaling communication or for any other purpose.
7.28.050 Health Officer.
"Health Officer" means the Alameda County Health Officer or his or her authorized
representative.
4 of 23
EXHIBIT B
a~ ~~ ~
7.28.060 Illegal building, structure or installation.
"Illegal building, structure or installation" means any building or structure or portion thereof,
and any electrical, plumbing or mechanical installation or portion thereof, erected, installed,
constructed, enlarged, altered, repaired, moved, converted, or improved without a permit in
violation of this Chapter or any other applicable law, ordinance, rule or regulation.
7.28.070 Mechanical installation.
"Mechanical installation" means any appliance, device, equipment, system or apparatus used
for or in connection with heating, ventilating, refrigeration ar incineration.
7.28.080 Plumbing installation.
"Plumbing installation" means the use of water, all potable water supply and distribution
pipes, all fixtures and traps, all drainage and vent pipes and all building drains, all private sewage
disposal systems, including their respective joints and connections, devices, receptacles and
appurtenances within property lines of the premises and shall include potable water piping,
potable water treating or using equipment, fuel gas piping, water heaters and vents for same.
7.28.090 Substandard building.
"Substandard building" means all buildings or portions thereof which are determined to be
substandard as defined in Section 1001 of the Uniform Housing Code except that any condition
which would require displacement of sound walls or ceilings to meet height, length, or width
requirements of ceilings, rooms, and dwellings shall not by itself be considered sufficient
existence of dangerous conditions making a substandard building, unless the building was
constructed, altered or converted in violation of such requirements in effect at the time of
construction, alteration or conversion.
7.28.100 This Chapter.
Whenever the term "this Chapter" is used in this Chapter 7.28, it shall also mean and include
Chapter 7.32 (Building Code); Chapter 7.34 (Residential Code), Chapter 736 (Electrical Code);
Chapter 7.40 (Plumbing Code); Chapter 7.44 (Mechanical Code); Chapter 7.48 (Housing Code)
and 7.94 (Green Building Code) of this Title.
Article II. Authority of Building Official
7.28.110 Enforcement Officer designated.
A. The Building Official is hereby authorized and directed to enforce the provisions of this
Chapter. The Building Official shall have the authority to render interpretations of this Chapter
and to adopt policies and procedures to clarify the application of the provisions of this Chapter.
Such interpretations, policies and procedures shall be in compliance with the intent and purpose
of this Chapter
B. The Building Official shall have the power to designate by written order that particular
officers or employees shall be authorized to enforce particular provisions of this Chapter.
C. The Health Officer is hereby authorized and directed to enfarce all of the provisions of
this Chapter pertaining to:
1. Private water supply;
2. Private sewage disposal systems;
3. Infestation of insects, vermin or rodents;
4. Storage and removal of garbage; and
5. Sanitation of bedding.
5of23
EXHIBIT B
a~~ q~
~
For purposes of enforcement of the foregoing provisions of this Chapter the Health Officer shall
have the same authority and duties that are assigned to the Building Official in Article II and
Sections 7.28.260, and 7.28.270 of this Chapter.
D. The Building Official, the Health Officer, and any officer or employee designated by the
Building Official pursuant to paragraph B of this Section shall have the power of a peace officer.
7.28.120 Right of entry.
Whenever necessary to make an inspection to enforce any of the provisions of this Chapter or
whenever the Building Official has reasonable cause to believe that a violation of this Chapter
exists in any building or any premises, or there exists in any building or upon any premises any
condition which makes the building or premises dangerous, unsanitary, or a menace to life,
health ar 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
Chapter or any other applicable law, ordinance, rule, or regulations provided that if such building
or premises be occupied, he shall first present credentials and demand entry. If such structure or
premises is unoccupied, the Building Official shall first make a reasonable effort to locate the
owner or other person having charge or control of the building or premises and request entry. If
entry is refused, the Building Official shall have recourse to every remedy provided by law to
secure entry.
7.28.130 Alternative materials and methods of construction.
A. The provisions of this Chapter are not intended to prevent the use of any material or to
prohibit any design or method of construction not specifically prescribed by this Chapter
provided that any such alternative has been approved by the Building Official.
B. The Building Official may approve any alternative material, design or method of
construction provided the Building Official finds that the proposed design is satisfactory and
complies with the intent of the provisions of this Chapter, and that the material, method or work
offered is, for the purpose intended, at least equivalent of that prescribed in this Chapter in
quality, strength, effectiveness, fire resistance, durability, dimensional stability, and safety. The
details of any action granting approval of an alternative material, design or method of
construction shall be recorded and entered into the files of the City.
C. The Building Official may require that sufficient evidence or proof be submitted to
substantiate any claims for alternate materials or methods of construction.
7.28.140 Modifications.
Whenever there are practical difficulties involved in carrying out the provisions of this
Chapter, the Building Official may grant modifications for individual cases upon application of
the owner or the owner's representative, provided he shall first find that a special individual
reason makes the strict letter of this Chapter impractical, the modification is in conformity with
the intent and purpose of this Chapter and such modification does not lessen health, accessibility,
life and fire safety, or structural requirements. The details of any action granting modifications to
the provisions of this Chapter shall be recarded and entered in the files of the City.
7.28.150 Compliance-Tests.
A. Whenever there is insufficient evidence of compliance with the provisions of this Chapter,
or evidence that any material or any construction does not conform to the requirements of this
Chapter, or in order to substantiate claims for alternate materials or methods of construction, the
Building Official may require tests as proof of compliance to be performed by an approved
agency at the expense of the owner or his agent .
6 of 23
EXHIBIT B
~ t~
~
B. Test methods shall be as specified by this Chapter for the material in question. If there are
no appropriate test methods specified in this Chapter, the Building Official shall determine the
test methods.
C. All tests shall be made by an approved agency. Reports of such tests shall be retained by
the Building Official for the period required for the retention of public records.
7.28.160 Stop work orders.
Whenever any work is being done contrary to the provisions of this Chapter or any other
applicable law, ordinance, rule, regulation, ar the approved plans, the Building Official may
order the work stopped by serving written notice on the owner of the property involved, the
owner's agent, or any persons engaged in, doing, or causing such work to be done. Upon
issuance of a stop work order, the cited work shall immediately cease and shall not resume until
authorized by the Building Official. 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 and the
conditions under which the cited work will be permitted to resume.
7.28.170 Discontinuance of utilities-Authority.
A. The Building Official may order the discontinuance 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 Chapter or any other applicable
law, ordinance, rule or regulation;
2. A dangerous building or structure, or dangerous electrical, plumbing or mechanical
installation;
3. An illegal building or structure, electrical, plumbing or mechanical installation; or
4. A substandard building.
B. Such order shall be in writing and shall state the nature of the condition requiring the
discontinuance of utilities and the time when such utilities shall be discontinued. The order shall
be directed to the person 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.
7.28.180 Liability.
The Building Official, or his authorized representative, charged with the enforcement of this
Chapter, acting in good faith and without malice in the discharge of his duties required by this
Chapter or any other applicable laws, ordinances, rules, or regulations, shall not thereby be
rendered personally liable, and is hereby relieved from personal liability, for any damage
accruing to persons or property as a result of any act, or by reason of any act or omission, in the
discharge of his or her duties. Any suit brought against the Building Official or employee
because of such act or omission shall be defended by the City until final termination of such
proceedings, and any judgment resulting therefrom, shall be assumed by the City.
Article III. Enforcement
7.28.190 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 Chapter 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
7 of 23
EXHIBIT B
~3~ q~~
~
discontinued and, where deemed necessary for the safety of the occupants thereof, or the public,
may order the building or structure or portion thereof to be vacated by serving written notice to
any persons using or causing such use. If there are no persons present on the premises at the
time, the notice may be posted in a conspicuous place on the premises. The notice shall state the
nature of the violation and the time when said use shall be discontinued, and when required, the
time when 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
installation, or portion thereof, contrary to the terms of said notice until the violation is corrected
and use or occupancy is authorized by the Building Official.
7.28.200 Dangerous buildings, structures or installations.
A. It is unlawful to maintain or use a dangerous building or structure or a dangerous
electrical, plumbing, or mechanical installation.
B. All dangerous buildings or structures or dangerous electrical, plumbing, or mechanical
installations are hereby declared to be public nuisances and may be abated by repair,
rehabilitation, demolition or removal in accordance with the procedures specified in Chapter 7.52
of this Title or by any other remedy available at law or in equity.
7.28.210 Illegal buildings, structures or installations.
A. All illegal buildings, structures or installations shall be.made to conform to the provisions
of this Chapter or shall be demolished and removed.
B. 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.
C. It is unlawful to use or maintain any illegal building, structure or installation or portion
thereof which was erected, installed, constructed, enlarged, altered, repaired, moved, converted,
or improved without a permit.
D. All illegal buildings, structures ar installations or portions thereof are hereby declared to
be public nuisances and may be abated in accordance with the provisions specified in Chapter
7.52 of this Title or by any other remedy available at law or in equity.
7.28.220 Existing buildings, structures or installations.
A. Except as required by Sections 7.32.090 and 7.34.090 of this code and Section 713.5 of the
California Plumbing CodelCTniform Plumbing Code, buildings or structures, electrical, plumbing
or mechanical installations in existence at the time of the adoption of the ordinance codified in
this Chapter may have their existing use or occupancy continued if such use or occupancy was
legal at the time of adoption of the ordinance codified in this Chapter and provided such
continued use does not endanger the life, health, property, ar safety of the public or the
occupants of such buildings or structures.
B. Electrical, plumbing and mechanical systems installed in apartments, hotels and dwellings
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 such systems are currently
in good and safe condition and working properly.
7.28.230 Maintenance requirements.
A. All existing and new buildings or structures, electrical, plumbing and mechanical
installations, and parts thereof shall be maintained in a safe and sanitary condition. All devices or
safeguards which were required by the building, electrical, plumbing, and mechanical codes
8 of 23
EXHIBIT B
~~ q ~
~
when 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.
B. Private building sewers shall be maintained in a gastight and watertight 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.
7.28.240 Code conflicts.
When any requirements of Chapters 7.28, 7.32, 7.34, 7.36, 7.40, 7.44, 7.48 or 7.94 of this Title
and manufacturer's instructions conflict, the more stringent provisions shall prevail.
7.28.250 Violation.
A. Any person who violates a provision of this Chapter or fails to comply with any of the
requirements thereof or who erects, constructs, alters or repairs a building or structure in
violation of the approved construction documents or directive of the Building Official, or of a
permit or certificate issued under the provisions of this Chapter, shall be prosecuted in
accordance with the provisions set forth in Section 1.04.030 of the Dublin Municipal Code.
B. In addition to the penalties provided in Section 1.04.030 of the Dublin Municipal Code,
any condition caused or permitted to exist in violation of any of the provisions of this Chapter
shall be deemed a public nuisance and may be abated in accordance with the provisions specified
in Chapter 7.52 of this Title or by any other remedy available at law or in equity.
7.28.260 Appeals.
A. Any person aggrieved by any decision of the Building Official in connection with the
application or interpretation of the provisions of this Chapter or in the approval of alternate
materials or methods of construction may appeal to the City Council. Such appeal shall be in
writing and filed within ten (10) days from the date of the Building Official's decision.
B. The City Council may, after a hearing, interpret any provision of this Chapter.
G The City Council may, after a hearing, vary the application of the provisions of this
Chapter in any specific case if it determines that enforcement thereof would be contrary to the
spirit and purpose of this Chapter or to the public interest. In granting a variance, the City
Council may impose any requirements or conditions to mitigate any adverse effects that may
result from granting a variance.
D. In interpreting the provisions of this Chapter or in granting a variance the City Council
shall make the following findings:
1. That the interpretation or variance is consistent with the purpose of this Chapter; and
2. That the interpretation or variance will not result in less protection to the people of the City
or the property situated therein.
E. The City Council may approve alternate materials or methods of construction as set forth
in Section 7.28.130 of this Chapter by overruling the decision of the Building Official. In
approving any alternate materials or methods of construction the City Council shall find that
such materials or methods of construction are for the purpose intended, at least the equivalent of
that prescribed by this Chapter in quality, strength, effectiveness, durability, dimensional
stability and safety.
F. The City Council may appoint a Board of Appeals to hear any specific appeal. The Board
of Appeals shall consist of five (5) members qualified by training and experience to pass on
matters pertaining to the subject matter of the appeal and to serve until the disposition of the
appeal. The Board of Appeals shall have the same authority and duties as the City Council in
9of23
EXHIBIT B
33~ ~~
interpreting this Chapter, granting variances, or approving alternate materials or methods of
construction. The Building Official shall be an ex officio member of the Board of Appeals and
shall act as secretary to the Board. The Board of Appeals shall adopt reasonable rules and
regulations for conducting its hearings and investigations. The decision of the Board of Appeals
shall be final.
7.28.270 Revocation or modification of variance.
The City Council may, after a public hearing held upon not less than ten (10) days notice,
revoke or modify by written order any order permitting a variance. The City Council shall serve
notice of the time and place of a hearing to revoke or modify any order permitting a variance not
less than ten (10) days prior to such hearing, by personal service, or by first class mail, postage
prepaid, mailed to the person to whom such variance was granted at the address shown in the
application for such variance or to such other address as may appear reasonable to the City
Council under the particular circumstances.
Article IV. Permit Requirements
7.28.280 Permit-Required.
A. Except as provided in Section 7.28.290, no person shall install, erect, construct, enlarge,
add to, alter, repair, move, remove, demolish, convert, occupy, equip or improve any building ar
structure, any electrical, plumbing or mechanical installation or cause the same to be done
without first obtaining a permit from the Building Official.
B. A separate permit shall be required far each building or structure, but the permit may
include pertinent accessories such as fences, retaining walls, exterior lighting, underground
utilities and sprinkler systems, provided 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 or her opinion the convenience of the City will be served.
C. For private water supply and private sewage disposal systems, a separate permit or
approval shall be secured from the Health Officer prior to issuance of a permit by the Building
Official. In addition, any permits or approvals required by the Zone 7 Water Agency shall be
secured priar to issuance of a permit by the Building Official.
D. Additional permits shall be required for pertinent accessories regulated by this Chapter
which are proposed to be constructed but not shown on the approved plans or described on the
application. A grading permit may also be required subject to the provisions of Chapter 7.16 of
this Title.
7.28.290 Exceptions.
A. No permit shall be required for any of the following work; provided however, permits shall
be required for electrical, plumbing and mechanical installations in any building or structure
listed in subsections (A)(1) through (A)(19) of this section, and permits shall be required for all
new construction and substantial improvements that are located within an area of special flood
hazard in accordance with Chapter 7.24 of this Title:
l. Open wire fences not more than sixteen (16) feet in height and all other type fences not
more than eight (8) feet in height;
2. Retaining walls which do not retain more than three (3) feet of earth when the earth
retained is level or where there is no surcharge load and retaining walls which do not retain more
than two (2) feet of earth when the earth retained is sloping or which support surcharge loads.
10 of 23
EXHIBIT B
3~f6 ~`~'
~
See Section 2304.11.7 of the California Building Code/International Building Code for
requirements for treatment of wood used for retaining wall;
3. One (1) story detached accessory buildings used as tool and storage sheds, playhouses and
similar uses, provided the floor area does not exceed one hundred twenty (120) square feet;
4. One (1) story buildings not more than four hundred (400) square feet in area used
exclusively for housing animals, poultry, livestock and similar animals and the storage of
necessary food, hay and grain for the animals housed therein;
5. Agricultural buildings as defined in Section 202 of the California Building
Code/International Building Code, on lots exceeding twenty (20) acres in area which are located
in an A zoning district and where the principal use of the land is agriculture;
6. Lath houses and similar sun shade structures with roofs which do not shed water, which are
not more than ten (10) feet in height and one thousand (1,000) square feet in area;
7. Awnings over doors and windows of a Group R-3 or Group U-1 occupancy which are
entirely supported by the building and do not project more than fifty-four (54) inches;
8. Temporary construction offices and storage sheds which are used on a site where there is a
valid building permit, grading permit or which are used in connection with a construction project
where no building permit or grading permit is required; however, this provision shall not apply to
such building remaining on the site thirty (30) days after the completion of construction;
9. Temporary construction offices and storage sheds when stored in a contractor's equipment
yard; provided however, a permit shall be required if such offices or sheds are used for any
purpose whatsoever;
10. Decks not exceeding 200 square feet (18.58 m2) in area, that that are not more than 30
inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the
exit door required by Section R311.4;.
11. Treehouses or other structures which are designed to be used by children for play;
12. Flag poles, radio or TV antennas and towers, less than thirty-five (35) feet in height when
not attached to a building and less than twenty (20) feet in height when attached to a building,
except permits are required for dish-type antennas more than four (4) feet in diameter;
13. Swimming, bathing and wading pools, and fish ponds not exceeding eighteen (18) inches
in depth;
14. Prefabricated swimming pools, spas or hot tubs not exceeding four (4) feet in depth if
resting on the surface of the ground or a concrete slab on the ground;
15. Painting, papering and similar finish work;
16. Moveable cases, counters and partitions not over five (5) feet nine (9) inches high;
17. Water tanks supported directly upon grade if the capacity does not exceed five thousand
(5,000) gallons and the ratio of height to diameter or width does not exceed two to one (2:1);
18. Water storage tanks of any size if resting on the surface of the ground or on a concrete slab
on the ground when used only for watering livestock or irrigation;
19. Swings and other playground equipment accessory to detached one and two family
dwellings;
20. The replacement of lamps or the connection of portable electrical appliances to suitable
receptacles which have been permanently installed;
21. Nonelectrical signs less than eight (8) feet in height, nonelectrical signs which do not
exceed three (3) pounds per square foot nor four (4) inches in thickness when fastened flat
against the wall of any building; and provided further, that the sign does not extend above the top
of the wall of the building;
11 of 23
EXHIBIT B
~b6~~~~
22. Clearing stoppage or repairing leaks in pipes, valves, fittings or fixtures when such repairs
do not involve the replacement or rearrangement of pipes, valves, fittings or fixtures;
23. Buildings and structures owned by a sanitary district used exclusively for storage,
collection, conveying and treating sewage;
24. Demolition or exploration work that may be necessary in order to determine conditions in
connection with a proposed addition or alteration to an existing building if an application for a
permit is on file and prior approval for the demolition or exploration work is obtained from the
Building Official;
25. Small or unimportant work when approved by the Building Official.
B. Exemption from the permit requirements of this Chapter shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this
Chapter or any other law, ordinance, rule or regulation.
C. Any person may obtain inspection services for work exempt from the permit requirements
of this Chapter by applying for a permit for such work and paying the applicable fee.
D. Emergency Repairs. Where equipment replacements and repairs must be performed in an
emergency situation, the permit application shall be submitted to the Building Official on the
next working business day.
7.28.300 Permit-Application.
Every application for permits shall be made in writing on the forms furnished for that purpose.
Every application shall include the following:
A. The location of the premises by address and by legal description or County Assessor's
description;
B. The name, address and phone number of the applicant;
C. The signature of the applicant or his authorized agent, who may be required to submit
evidence of such authority;
D. A description of the work to be done;
E. A description of the proposed use and occupancy of the proposed building, structure, or
electrical, plumbing or mechanical installation and where existing buildings, structures,
electrical, plumbing or mechanical installations are located on the premises, a complete
description of the current and proposed use or occupancy of such buildings, structures or
installations;
F. Any other such information that may be reasonably required by the Building Official;
G. An authorization to enter the property for the purpose of inspecting the work without an
inspection warrant; and
H. An indication as to whether the building is to be heated and/or cooled.
7.28.310 Permit-Application-Plans and specifications.
A. A minimum of three (3) sets of plans and specifications shall be submitted with each
application for checking except that plans and specifications shall not be required for small or
unimportant work when approved by the Building Official.
B. Engineering calculations, stress diagrams, soil investigation reports, geological
investigation reports, test data, electrical load calculations, gas and water supply demand
calculations and other data sufficient to show the correctness of the plans and specifications and
to assure that the proposed work will conform to all of the provisions of this Chapter shall also
be submitted when required by the Building Official. Plans and specifications shall be prepared
by a certified architect or registered professional engineer when required by the Building
12 of 23
EXHIBIT B
~
IrJ
~ ~~`
Official. The owner shall also submit a complete outline of the testing and inspection program
proposed when special inspection is required pursuant to Section 7.28.590 of this Chapter.
C. Deferred Submittals. For the purposes of this section, deferred submittals are defined as
those portions of the design that are not submitted at the time of the application and that are to be
submitted to the Building Official within a later specified period of time. Deferral of any
submittal items shall have prior written approval of the Building Official. The architect or
engineer of record shall list the deferred submittals on the plans and shall submit the deferred
submittal documents for review by the Building Official. Submittal documents for deferred
submittal items shall be submitted to the architect or engineer of record who shall review them
and forward them to the Building Official with a notation indicating that the deferred submittal
documents have been reviewed and that they have been found to be in general conformance with
the design of the building. The deferred submittal items shall not be installed until their design
and submittal documents have been approved by the Building Official.
D. When it is required that documents be prepared by an architect or engineer, the Building
Official may require the owner to engage and designate on the building permit application an
architect or engineer who shall act as the architect or engineer of record. If the circumstances
require, the owner may designate a substitute architect or engineer of recard who shall perform
all the duties required of the original architect or engineer of record. The Building Official shall
be notified in writing by the owner if the architect or engineer of record is changed or is unable
to continue to perform the duties. The architect or engineer of recard shall be responsible for
reviewing and coordinating all submittal documents prepared by others, including deferred
submittal items, for compatibility with the design of the building.
7.28.320 Plans and specifications-Requirements.
A. Plans shall be drawn to scale on substantial paper and shall be legible and of sufficient
clarity to indicate the nature and extent of the work proposed and shall show in detail how the
proposed work will conform to the requirements of this Chapter and all applicable laws,
ordinances, rules and regulations. The specifications indicating the type and grade of all the
materials to be used in the proposed work shall be shown on the plans unless otherwise approved
by the Building Official.
B. 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.
C. The plans shall include a plot plan which shall show the location of existing and proposed
buildings or structures. The plot plan shall also show the location of all existing or proposed gas
mains and services; water mains, water services, fire hydrants, sewer mains; underground or
overhead power and communication lines; poles and transformers; waterways, storm drains,
inlets, culverts, curbs, gutters, sidewalks, building sewer, 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.
D. If the proposed wark does not involve new buildings or structures and does not change the
configuration of existing buildings ar structures the Building Official may waive the
requirements for a plot plan and grading or drainage plan. Where only minor grading is proposed
and existing drainage patterns are not materially affected and the proposed work does not fall
13of23
EXHIBIT B
~
~ ~~~.
~
under the provisions of special flood hazard areas as set forth in Chapter 7.24 of this Title, the
Building Official may waive the requirements for a grading and drainage plan.
7.28.330 Permit-Application-Plats required.
A. Three (3) 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 ar building proposed to be moved.
B. 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 plat has been
previously submitted for a permit and where there have been no substantial changes in the
elevations of the finished grade.
C. The plat shall show the location of all aboveground structures, retaining walls, fences,
poles, transformers, overhead power and communication lines, wells, fire hydrants, drainage
inlets, culverts, curbs, gutters, sidewalks, and waterways. The plat shall also show the known or
reported location of underground structures, such as underground storm drains, water, sewer,
gas, power and communication lines, septic tanks, and drainage fields.
D. The plat shall be drawn to a scale and shall show contours at intervals of one (1) foot or
less on slopes up to three percent (3%) and contours at intervals not mare than five (5) feet on
slopes more than three percent (3%). 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.
E. Plat of the entire parcel shall not be required for parcels exceeding one acre located in a R-
1 or A district, however, the following shall be provided:
1. Contours within one hundred (100) feet of any proposed building;
2. Contours or a profile of any existing or proposed access driveway. The Building Official
may waive this requirement when the applicant can otherwise demonstrate that the access
driveway in conformance with the City standards plans and specifications or in accordance with
the Director of Public Works.
F. 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.
G. 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 Chapter. If,
after the issuance of a permit, a question arises as to the exact location of the property line, the
Building Official may require a property line survey. Whenever a property line survey has been
made, the property line shall be located by appropriate stakes or monuments and three copies of
a plat of the survey shall be filed with the Building Official.
H. Nothing contained herein shall be constructed as 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.
7.28.340 Permit-Issuance-Generally.
A. If it appears upon examination of the application, plans, specifications and other
information furnished by the applicant that the proposed work will conform to the provisions of
this Chapter 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.
B. When the Building Official issues a permit, he shall affix an official stamp of approval on
three sets of plans and specifications. One (1) set of plans and specifications shall be retained by
the City, one (1) set of plans and specifications shall be kept on the site of the construction ar
14 of 23
EXHIBIT B
~~~~~
work, and one (1) set of plans and specifications shall be provided to the Office of the Alameda
County Assessor. The approved plans shall not be changed without approval of the Building
Official. All work autharized by the permit shall be done in accardance with the approved plans.
C. Permits are not transferable.
D. 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 ninety (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.
7.28.350 Permit-Issuanc~Restrictions.
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).
7.28.360 Permittee responsibility.
It shall be the responsibility of a permittee to assure that all work authorized thereunder is
done in accordance with the provisions of this Chapter and any other applicable law, ordinance,
rule or regulations, and to make arrangements for the inspection of the work by the Building
Official. If after inspection by the Building Official, correction of work completed is necessary,
the holder of the permit shall be responsible for such correction.
7.28.370 Granting of permit not approval for violation.
A. The issuance of a permit or approval of plans and specifications shall not be construed to
authorize any violation of any of the provisions of this Chapter or any other applicable laws,
ordinances, rules, or regulations; and any permit or document purporting to give authority to
violate this Chapter, or any other law, ordinance, rule or regulation shall not be valid except
insofar as the work or use which it authorizes is lawful.
B. The issuance of a permit or approval based upon plans and specifications shall not prevent
the Building Official from thereafter requiring the correction of errors in such plans and
specifications or from preventing work being carried out thereunder in violation of this Chapter
or any other applicable law, ordinance, rule or regulation.
7.28.380 Permit-Expiration.
A. Permits issued pursuant to this Chapter having a valuation of less than one million dollars
($1,000,000) shall expire one year from the date of issuance; and permits having a valuation of
over one million dollars ($1,000,000) shall expire in two (2) years from the date of issuance.
B. Exception: whenever a permit is issued to correct a violation of this Chapter, or any other
law, ordinance, rule or regulation, or to rehabilitate, repair, or demolish a dangerous,
substandard, illegal, unsafe or unsanitary building or structure, electrical, plumbing or
mechanical installation, or to otherwise abate a nuisance, the Building Official shall establish a
reasonable time for the completion of the work.
C. Where permits for more than one building on the same site or subdivision are issued to the
same applicant, the total valuation of all the permits shall be used for determining when the
permits expire.
.7.28.390 Application- Expiration.
A. Every application for a permit shall expire six (6) months after the application and
accompanying plans and specifications have been checked by the Building Official.
15 of 23
EXHIBIT B
~ ~S
~
B. 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.
7.28.400 Permit-Extensions.
A. One (1) extension of the expiration date of any permit may be allowed for good cause
upon written application therefor prior to the expiration date. Requests for extensions shall
indicate the necessary time to complete the application or work and the reasons therefor.
B. Where work authorized by any permit has not commenced, extensions shall not be allowed
if there have been revisions to any applicable law, ordinance, rule or regulations which would
otherwise prohibit the proposed construction. Where work authorized by any permit has
commenced any extension shall also require all work to conform to any applicable law,
ordinance, rule, or regulation in effect at the time of the extension.
C. In requiring compliance with new laws, ordinances, rules or regulations, the Building
Official shall consider the practical difficulties in making changes to existing construction and
may allow work completed to remain without changes. The Building Official may also allow
uncompleted work to proceed in accordance with the original approved plans.
D. An extension may be allowed for an application for a permit, but the work shall comply
with applicable laws, ordinances, rules, and regulations in effect at the time of issuance of the
permit.
E. In allowing an extension additional fees may be imposed to cover any additional costs
incurred by the City because of the extension.
7.28.410 Building Official-Authority to deny permit.
The Building Official may refuse to issue any permit where it cannot be demonstrated that:
A. The hazards of land slippage, erosion or settlement will be eliminated;
B. The proposed work will not be located on a trace of an active fault;
C. The proposed work will conform to Chapters 7.20 and 7.24 of this Title;
D. The placement of existing fills has not been subject to continuous inspection by a special
inspector as required by Section 1704.7 of the California Building Code/International Building
Code;
E. The private water supply will conform to Section 601.0 of the California Plumbing
Code/Uniform Plumbing Code;
F. The private sewage disposal system shall be in conformance with Section 713.0 of the
California Plumbing Code/LTniform Plumbing Code;
G. Whenever a licensed contractor has failed to make corrections as specified in Sections
7.28.540 through 7.28.580 of this Chapter.
7.28.420 Permit-Suspension or revocation.
The Building Official may, in writing, suspend or revoke a permit issued under the provisions
of this Chapter whenever the permit has been issued in error, or on the basis of incorrect
information supplied, or in violation of this Chapter or any other applicable laws, ordinances,
rules, or regulations.
7.28.430 Fees-Generally.
The provisions of this Chapter apply to fees collected by the Building Official.
A. The City Council shall, by resolution, adopt a schedule of fees for permits, reinspections,
code compliance surveys, moved building inspections, plan and specification starage fees,
16 of 23
EXHIBIT B
~~~ ~~
~
additional plan checking, hourly rates for inspection services not covered by specific fees, and
fees authorized by the Alquist-Priolo Geologic Hazards Zones Act.
B. At time of issuance of any permit required by this Chapter, the applicant shall pay the fees
as established by resolution of the City Council.
C. Where work for which a permit is required by this Chapter is started or proceeds prior to
obtaining such permit, a penalty fee, in addition to the permit fee, shall be assessed as follows:
Violation within two-year period Penalty Fee
First Equal to the permit fee
Second Double the permit fee
Third and subsequent Ten times the permit fee
`1'he payment of such penalty fee shall not relieve any person from fully complying with all of
the provisions of this Chapter.
D. The payment of a penalty fee shall not be required where the work was done two (2) years
before the date it was determined that the work was done without a permit. A penalty fee shall
not be required when the work was done or caused to be done by a previous owner of the
property.
E. The determination of value or valuation under any of the provisions of this Chapter shall be
made by the Building Official. The value to be used in computing the building permit and permit
processing fees shall be the total value of all construction work for which the permit is issued as
well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning,
elevators, fire extinguishing systems and any other permanent equipment at the time the permit is
issued.
7.28.440 Permit processing fee.
Each application for a permit shall be accompanied by a fee equal to forty percent (40%) of
the total permit fee rounded off to the nearest dollar. The permit processing fee shall be credited
toward the total permit fee required. After permit processing has commenced, no portion of the
permit processing fee shall be refundable.
7.28.450 Refunds.
A. Sixty percent (60%) of any permit fee may be refunded to the applicant prior to the
expiration of the permit provided that the work authorized under the permit has not commenced.
Thirty percent (30%) of the permit fee may be refunded to the applicant after a permit has
expired provided that the work has not commenced, but in no case shall any refund be allowed
after one (1) year from the date of expiration of the permit. Requests for refund shall be in
writing. Any expenses incurred by the City other than the permit processing fee may be deducted
from the refund.
B. If there was an error in calculating the amount of the permit fee and such error resulted in
overpayment of the permit fee, the amount of overpayment may be refunded.
7.28.460 Fees-Partially completed work.
A. Where permits expire and the work has not been completed and a new permit is
subsequently issued for the completion of the work, the fee for the new permit shall be based
upon the fee schedule in effect at the time of issuance of the new permit based on the valuation
17 of 23
EXHIBIT B
~i ~~
~
to complete the wark as determined by the Building Official (not on the original valuation
assi~ned to the permitl.
Completed Inspections Percent of
Permit Fee
1. If no inspections have been made 30
2. If a foundation inspection has been made 27
3. If the underground inspections have been made 24
4. If the underfloor frame inspection has been made 21
5. If the rough electric and rough plumbing inspections all have been made 18
6. If the frame inspection has been made 15
7. If the exterior lath inspection has been made 12
8. If the insulation inspection has been made 9
9. If the wallboard inspection has been made 6
B. The fee determined by the foregoing shall be rounded to the nearest dollar.
C. The foregoing is intended to apply to conventional wood-frame construction and is based
on the number of inspections remaining to be made. Where the work is not conventional wood-
frame construction, or does not constitute a complete building, or is a structure other than a
building; the Building Official shall establish the fee based upon the number of inspections
remaining to be made. The fee so established shall not exceed thirty percent (30%) or be less
than six percent (6%); however, in no case shall the fee be less than the minimum permit fee
approved under Section 7.28.430 of this Chapter.
D. Where a new permit is applied for more than one (1) year after the expiration of the
original 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 permit.
7.28.470 Additional fees for changes.
A. 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 in the proposed change exceeds
the ariginal permit fee by ten percent (10%). The additional fee shall be the difference between
the original fee and the new fee.
B. Any change in use or in the number of guest rooms or dwelling units shall require the
submission of a new application and the payment of an additional fee.
C. Any change which does not increase the amount of the original permit fee by ten percent
(10%) but requires additional plan checking shall require the payment of a plan checking fee.
18 of 23
EXHIBIT B
~~ ~b~~
D. No refund shall be allowed for changes which would decrease the amount of the permit
fee.
7.28.480 Reinspections.
Where an inspection is made and corrections are required and said corrections require mare
than one reinspection, or where an inspection has been called for and the work to be inspected is
not ready for inspection, or where the approved plans and specifications are not on the job site, a
reinspection fee shall be paid prior to making the reinspection.
7.28.490 Code compliance survey.
The owner of any property on payment of the required fee may request an inspection to
determine if a building, structure or installation is in compliance with this Chapter and the City
zoning ordinance.
7.28.500 Inspection fee-Moved building.
Prior to application for permits to move a building, structure, electrical, plumbing or
mechanical installation, a moved building inspection shall be required.
7.28.510 Plan and specification storage fee.
A plan and specification storage fee shall be paid at the time of issuance of a permit for
buildings for plans and specifications that are required to be maintained by Section 19850,
Health and Safety Code of the state of California.
7.28.520 Fees for additional plan checking.
A rechecking fee shall be paid prior to performing additional plan checking or prior to
approval of the plans where incomplete plans and specifications are submitted for checking and
complete rechecking is required, or where corrections are not completely or correctly made and
additional plan checking is required, or where changes are made to the plans and specifications
which require additional plan checking, or when the project involves deferred submittal
documents as defined in Section 7.28.310C of this Chapter.
7.28.530 Fees-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.
Article V. Inspections
7.28.540 Generally.
All construction or wark for which a permit is required shall be subject to inspection by the
Building Official and certain types of construction shall have continuous inspection by special
inspectors, as specified in Section 7.28.590 of this Chapter.
7.28.550 Approvals required.
A. 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 Official. Such written approval shall only be given
after an inspection shall have been completed for each previous step in the construction. Written
approvals may be indicated on an inspection record card which is provided for that purpose. All
tests required by this Chapter shall be conducted in the presence of the Building OfficiaL If the
work will not pass the test, necessary corrections shall be made and the work shall be retested.
B. If the work inspected does not comply with this Chapter or any other applicable law,
ordinance, rule, or regulation, written notice shall be given indicating the nature of the violation.
19 of 23
EXHIBIT B
~3 ~'~
~
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 Chapter and
any other applicable law, ordinance, rule or regulation.
C. Whenever a licensed contractor has failed to make corrections in the time specified in the
notice, the Building Official may refuse to issue permits for any other work to be performed by
such contractor at any location within the City until all necessary corrections have been made.
D. Work requiring a permit shall not be commenced until the permit holder or the agent of the
permit holder shall have posted or otherwise made available an inspection record card such as to
allow the Building Official conveniently to make the required entries thereon regarding
inspection of the work. This card shall be made available by the permit holder until final
approval has been granted by the Building Official.
7.28.560 Inspection required before use commences.
No work shall be covered, concealed or put to use until it has been tested, inspected, and
approved as prescribed by this Chapter and any other applicable law, ordinance, rule or
regulation. Any such work which has been covered or concealed before being inspected, tested
and approved shall be uncovered for inspection after notice to uncover has been given by the
Building OfficiaL
7.28.570 Notification for inspections required.
The permittee or his agent shall notify the Building Official when construction work is ready
for inspection and make the necessary arrangement for inspection of the work for each of the
following inspections:
A. Underground. When the excavation for any underground gas, water, sewage, steam,
electrical lines, cables or conduits, or any ventilating ducts, septic tanks ar fuel tanks or drainage
fields, which have been completed and all such lines, cable conduits or ducts and tanks are in
place and are ready for any required tests, but before backfilling;
B. Foundation. When the excavation for foundations is completed and forms and required
reinforcing steel are in place but before any concrete is placed;
C. Drainage for Retaining Walls. When any required drainage facility is in place but before
backfilling;
D. Underfloor. When all gas, water, steam, sewage, electrical lines, cables or conduits, or any
ventilating ducts are in place and ready for any required tests but before any concrete, wood or
steel flooring is placed;
E. Underfloor Framing. When all the underfloor framing, bracing and supports are in place
and when all underfloor, electrical, plumbing, and mechanical work is in place but before any
flooring is installed;
F. Lowest Floor Elevation. In flood hazard areas, upon placement of the lowest floor,
including a basement, and prior to further vertical construction, the elevation certification
required by the Chapter 7.24 of this code shall be submitted to the Floodplain Administrator;
G. Shearwall or Diaphragm. When shearwalls ar diaphragms are installed and nailed or
otherwise fastened to the structural framework and all hold downs, drag ties, chord splices, and
anchor bolts are in place, but before any of the foregoing is covered or concealed;
H. Rough. When the roof, walls, floars, framing, bracing and supports are in place and all gas,
water, drainage, and vent piping; all electrical cable, conduit, panels, outlets, junction boxes and
wiring; all ventilating ducts equipment, vents and flues are in place and ready for any required
tests but before any such work is covered or concealed;
20 of 23
EXHIBIT B
y~ ~~b
~
I. Wood Frame. When all roof, wall, floor, framing, bracing, blocking, and chimneys are in
place and all electrical, plumbing and mechanical work is in place but before any such work is
covered or concealed;
J. Reinforced Concrete. When forms and reinforcing steel, sleeves, and inserts, and all
electrical, plumbing and mechanical work is in place but before any concrete is placed;
K. Structural Steel. When all structural steel members are in place and all connections are
complete but before such work is covered or concealed;
L. Reinforced Masonry. In grouted brick masonry when the vertical steel is in place and other
reinforcing steel, bolts, anchors, and inserts are distributed. In masonry blocks 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;
M. Insulation. When all insulation is in place but before the insulation is covered;
N. Lath. When all backing and lathing, interior and exterior, is in place but before any plaster
is applied;
O. Wallboard. When all wallboard is in place but before joints and fasteners are taped and
finished;
P. Suspended Ceilings. When the hangers, lighting fixtures, sir diffusers, fire dampers,
protective boxes, and the runners and supporting members are in place but before the ceiling is
installed;
Q. Fire Dampers. When the fire dampers are installed in the openings to be protected but
before the ducts are connected;
R. Final. When all construction work including electrical, plumbing and mechanical work,
exterior finish grading, required paving, and required landscaping is completed and the building,
structure or installation is ready to be occupied or used but before being occupied or used.
7.28.580 Other inspections.
In addition to the foregoing called inspections, the Building Official may make or require any
other inspection of any construction work to ascertain compliance with the provisions of this
Chapter and any other applicable law, ordinance, rule, or regulation.
7.28.590 Special inspections.
A. In addition to the inspections required by Sections 7.28.540 through 728.580 of this
Chapter, special inspections shall be provided in accordance with Chapter 17 of the California
Building Code/International Building Code.
B. The inspection program required to be submitted in Section 7.28.310 shall designate the
portions of the wark to have special inspection and indicate the duties of the special inspectors.
The special inspector shall be employed by the owner, the architect or engineer of record, or an
agent of the owner, but not the contractor or any other person responsible for the work. When
structural observation is required by the architect or engineer of record or the Building Official,
the inspection program shall name the individuals or firms who are to perform structural
observation and describe the stages of construction at which structural observation is to occur.
The inspection program shall include samples of inspection reports and provide time limits for
submission of reports.
C. Structural observation or special inspection does not include or waive the responsibility for
inspections required by Section 1704 of the California Building Code/International Building
Code, Section 7.28.570 of this code, or other sections of this code.
D. Exception. The Building Official may waive the requirement or the employment of a
special inspector if the construction is of a minor nature.
21 of 23
EXHIBIT B
~~ ~~
7.28.600 Inspections-Moved buildings, structures, installations or systems.
A. Notwithstanding the provisions of Section 7.28.220 of this Chapter, all existing buildings
or structures, including all electrical, plumbing or mechanical installations, and all existing
electrical, plumbing and mechanical installations which are moved into or within the City shall
comply with all the requirements of this Chapter for new buildings, structures, or installation.
Moved apartment houses and dwellings may retain existing materials and methods of
construction; provided however, this section shall not be interpreted to permit such apartment
houses and dwellings to become or continue to be a dangerous building or substandard building.
B. Prior to issuance of a permit to move any building, structure, electrical, plumbing or
mechanical installation into or within the City, the Building Official shall inspect the building,
structure, electrical, plumbing or mechanical installation proposed to be moved for compliance
with this Chapter and any other law, ordinance, rule, or regulation. The Building Official may
require the applicant to remove all or a portion of the wall or ceiling and any other material to
inspect concealed portions of the building, structure, electrical, plumbing or mechanical
installation proposed to be moved. If after inspection of the building, structure, electrical,
plumbing or mechanical installation proposed to be moved, the Building Official determines that
it is not practical to alter the building, structure, electrical, plumbing or mechanical installation
so that it will comply with the foregoing provisions, the Building Official may deny the
application for a permit. The Building Official shall notify the applicant in writing, stating the
reason for such denial.
C. After the building has been moved it shall be placed upon a new foundation as soon as
practical but not later than one hundred twenty (120) days from the time the building was moved
to the site. If after one hundred twenty (120) days the building has not been placed on the
foundation, said building shall be deemed to be a public nuisance and may be abated in
accordance with the procedures specified in Chapter 7.52 of this Title or by any other remedy
available at law or in equity.
Article VI. Occupancy
7.28.610 Generally.
No building, structure, electrical, plumbing, or mechanical installation or portion thereof shall
be occupied or used unless the Building Official has made final inspections and approved the
work regulated by this Chapter and all work required by other City departments or other agencies
has been inspected and approved by such department or agency.
7.28.620 Approval to connect utilities.
No person shall supply water, electrical energy, or fuel gas to any building, structure,
electrical, plumbing or mechanical installation until the building, structure, electrical, plumbing
or mechanical installation has been inspected and approved by the Building Official. The
Building Official may withhold approval to supply water, electrical energy, or fuel gas to any
building, structure, electrical, plumbing or mechanical installation until there is full compliance
with the provisions of this Chapter or compliance with applicable laws, ordinances, rules or
regulations enforced by other agencies concerned with the construction of such building,
structure, electrical, plumbing, ar mechanical installation.
7.28.630 Temporary or partial occupancy.
The Building Official may authorize the use or occupancy of all or portions of a building,
structure, electrical, plumbing, or mechanical installation prior to completion of the entire
22 of 23
EXHIBIT B
,
0
~ ~~~
building, structure, electrical, plumbing, or mechanical provided that the work completed has
been inspected and approved and that no hazard would result by such use or occupancy. The
Building Official in granting such authorization may impose any reasonable conditions as may
be necessary to protect life, health and property. Such authorization may include a time limit and
may be revoked for violation of conditions and shall expire in the time specified. The Building
Official may order any person supplying water, electrical energy, or fuel gas to discontinue
supplying water, electrical energy, or fuel gas when authorization to use or occupy pursuant to
this section has expired or been revoked.
7.28.640 Authority to withhold approval to occupy.
A. The Building Official may withhold approval to occupy or use any building, structure,
electrical, plumbing or mechanical installations until all fees charged by the City for any zoning
application development approval, inspection fee or any other fee has been paid. In the case of a
subdivision this provision shall apply to all buildings or structures located within said
subdivision.
B. The Building Official may withhold approval to occupy or use any building, structure,
electrical, plumbing or mechanical installations until all development improvements including
off-site improvements have been completed and approved by other City departments or any other
agency concerned with said improvements.
23 of 23
EXHIBIT B
~ ~~ ~~~
~
Chapter 7.32
BUILDING CODE
Sections:
7.32.010 Title.
7.32.020 Purpose.
7.32.030 Adoption of Building Codes.
7.32.040 Scope.
7.32.050 Exceptions.
7.32.060 Additions, alterations and repairs-Generally.
7.32.070 Additions, alterations and repairs-Code compliance.
7.32.080 Alterations and repairs-Apartment house, hotels and dwellings.
7.32.090 Additions-Apartment house, hotels and dwellings.
7.32.100 Repair of roof covering.
7.32.110 Chapter 1 Division II, Administration-Deleted.
7.32.120 Section 501.2.1, Chapter 5, Address illumination.
7.32.130 Section 507.13, Chapter 5, Yard restriction-Added.
7.32.140 Section 706.1, Chapter 7, Fire walls-Amended.
7.32.150 Section 701.A1, Chapter 7A, Scope-Amended.
7.32.160 Section 702A, Chapter 7A, Definitions-Amended
7.32.170 Section 717.3.2 Exceptions 1 and 2, 717.4.2 Exception 2, 717.4.3
Exception, Chapter 7, Draft-stopping-Deleted.
7.32.180 Sections 903.2.1.2, 903.2.1.3, 903.2.1.4-Deleted; Sections 903.2.1.1,
903.2.3, 903.2.4, 903.2.7, 903.2.9, 903.2.11.3-Amended; and Sections
903.2.2.1 and 903.2.19-Added.
7.32.190 Section 1505.1, Chapter 15, Fire Classification-Amended.
7.32.200 Table 1607.1, Chapter 16, Uniform and concentrated loads-Amended.
7.32.210 Section 1613.8, Chapter 16, Modifications to ASCE 7-15 Section 12.8.7
- Added
7.32.220 Section 1704.4, Exception 1, Chapter 17, Concrete Construction -
Amended
7.32.230 Section 1908.1.8, Chapter 19, ACI318, Section 22.10-Amended
7.32.240 Section 2308.9.3, Chapter 23, Bracing, Items 1 and 5-Deleted.
7.32.250 Section 2308.9.3, Chapter 23, Bracing, Item 7-Amended.
7.32.260 Section 2308.12.5, Attachment of Sheathing-Amended.
7.32.270 Section 3111.1, Chapter 31, Prohibited Installations-Added.
7.32.280 Section 3203, Chapter 32, Signs-Added.
7.32.290 Section H101.2, Signs exempt from permits -Deleted.
7.32.300 Section 1010, Appendix Chapter 10, Building security - Added.
7.32.010 Title.
The building codes adopted by section 7.32.030 and the provisions of this Chapter shall
constitute the Dublin Building Code and may be referred to as such.
Page 1 of 21 EXHIBIT C
--~' o a~QC..~'`a~'~+~F 1';-~ ~
~~~ '~'
~
7.32.020 Purpose.
The promotion and preservation of the public health, safety and general welfare of the
people of the City and the property situated therein have made necessary the adoption of
the building codes referred to in Section 7.32.030 in order to adequately safeguard life,
health, property, and general welfare. The purpose of this Code is not to create ar
otherwise establish or designate any particular class or groups of persons who will or
should be especially protected or benefited by the terms of this Code.
7.32.030 Adoption of Building Codes.
A. The 2010 California Building Code, Part 2, Title 24 of the California Code of
Regulations, a portion of the California Building Standards Code, as defined in the
California State Health and Safety Code Section 18901 et. seq. (hereinafter referred to as
the "State Code"), and any rules and regulations promulgated pursuant thereto including
the International Building Code, 2009 Edition, including Appendix Chapters, C, F, G, H,
and I, as published by the International Code Council, and as referenced in and adopted
pursuant to California State Health and Safety Code Sections 17922 and 18935,
(hereinafter referred to as the "IBC") are hereby adopted and incorporated by reference
herein.
Copies of the adopted codes have been and are now filed in the Office of the City Clerk,
100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes
are adopted by reference pursuant to Section 50022.4, et seq., of the Government Code of
the State of California, and the codes are hereby adopted and incorporated as fully as if
set out at length herein, and from the date on which this Ordinance shall take effect, the
provisions thereof shall be controlling within the limits of the City of Dublin.
B. Notwithstanding the provisions of Section 7.32.030.A, the State Code and the IBC
are amended as set forth in Sections 7.32.110 through 7.32.300.
7.32.040 Scope.
A. The provisions of this Code shall apply to the installation, erection, construction,
enlargement, addition to, alteration, repair, moving, removal, demolition, conversion,
occupancy, equipping, use, and maintenance of any building or structure within the City.
B. The permissive provision of this Code shall not be presumed to waive any
limitations imposed by any other law, ordinance, rule, or regulation. If two or more
pertinent limitations are not identical, those limitations shall prevail which provide
greater safety to life, health, property, or public welfare.
C. Buildings shall be made accessible to the physically handicapped as required by
Title 24 California Code of Regulation. Whenever there is a conflict between the
provisions of this Code and Title 24, California Code of Regulations with respect to the
accessibility of buildings to the physically handicapped, the provisions of Title 24 shall
prevail.
Page 2 of 21
~~ ~~
~
7.32.050 Exceptions.
The provisions of this Code shall not apply to:
A. Work located in a public street;
B. Trailer coaches, campers, mobile homes, motor vehicles, railroad cars, and aircraft;
however, if any of the foregoing are permanently placed on the ground or have their
wheels removed for other than temporary repairs, they shall comply with all of the
provisions of this Code;
C. Houseboats or other watercraft; however, if any of the forgoing are stored out of the
water and are used for any purpose whatsoever, they shall comply with all of the
provisions of this Chapter;
D. Towers or poles supporting communication lines or power transmission lines;
E. Dams, flood control and drainage structures;
F. 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.
G. Detached one- and two-family dwellings and multiple single-family dwellings
(townhouses) not more than three stories above grade plan in height with a separate
means of egress and their accessory structures shall comply with the Residential Code.
7.32.060 Additions, alterations and repairs-Generally.
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 and Sections 7.32.070 through 7.32.100.
7.32.070 Additions, alterations and repairs-Code compliance.
Additions, alterations or repairs may be made to any building or structure without
requiring the existing building or structure to comply with all the requirements of this
Code, provided the addition, alteration or repair conforms to that required for a new
building or structure. Additions or alterations shall not be made to an existing building or
structure which will cause the existing building or structure to be in violation of any of
the provisions of this Code nor shall such additions or alterations cause the existing
building or structure to become unsafe. An unsafe condition shall be deemed to have
been created if an addition or alteration will cause the existing building or structure to
become structurally unsafe or overloaded; will not provide adequate egress in compliance
with the provisions of this Code or will obstruct existing exits; will create a fire hazard;
will reduce required fire resistance or will otherwise create conditions dangerous to
human life. Any building so altered, which involves a change in use or occupancy, shall
not exceed the height, number of stories and area permitted for new buildings. Any
building plus new additions shall not exceed the height, number of stories and area
specified for new buildings. Additions or alterations shall not be made to an existing
Page 3 of 21
~~ ~~
building or structure when such existing building or structure is not in full compliance
with the provision of this Code.
7.32.080 Alterations and repairs-Apartment houses, hotels and dwellings.
A. The provisions of Section 7.32.070 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 7.28.200, a substandard building
as defined in Section 1001 of the Uniform 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.
B. The provisions of Section 7.32.070 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 constructed to permit the addition to increase
the stress or deflection of any existing member so as to exceed that specified by the
building code. Whenever an addition increases the number of occupants which must exit
through the existing building all of the exit facilities serving the increased number of
occupants shall comply with the provisions of this Code. Whenever a new dwelling unit
is created either by new construction, or by an alteration to an existing building, separate
gas and electrical meters shall be provided.
7.32.090 Additions-Apartment houses, hotels and dwellings.
Notwithstanding the provisions of Section 7.28.220, whenever alterations, repairs, or
additions requiring a permit or one (1) or more sleeping rooms are added or created in
existing Group R Occupancies, the entire building shall be provided with smoke alarms
located as required for new Group R Occupancies.
Furthermore, spark arrestors shall be installed on all chimneys connected to solid
burning fuel-burning appliances.
7.32.100 Repair of roof covering.
Roof coverings may be repaired or replaced with materials as set forth in Section
7.32.180.
7.32.110 Chapter 1 Division II, Administration-Deleted.
Chapter 1 Division II is deleted.
7.32.120 Section 501.2.1, Chapter 5, Address illumination.
Page 4 of 21
/~b ~~
~
A new Section 501.2.1 is added to read:
501.2.1 The address number(s) shall be illuminated during the hours of
darkness. The light source shall be provided with an uninterruptible AC power
source or controlled by a photoelectric device.
501.2.2 Exterior doors in commercial tenant space numbers shall be addressed
as required in section 501.2. Exception, dual doors may have the addresses on
one door or centered above the doors. In addition, all rear doors or service doors
will have the name of the business in 4-inch high lettering.
501.2.3 No other number may be affixed to a structure that might be mistaken
far, or confused with, the number assigned to the structure.
501.2.4 The assigned address, including the suite number, shall be displayed
on all electric meters in accordance with utility company standards
7.32130 Section 507.13, Chapter 5, Yard restriction-Added.
A new Section 507.13 is added to read:
507.13 Yard Restriction. The increase in area permitted by Sections 506.2,
507.1 through 507.12 of this Section shall not be allowed unless or until the
owner of the required yard shall file an agreement binding such owner, his heirs,
and assignees, to set aside the required yard as unobstructed space having no
improvements. Such agreement shall be recorded in the Alameda County
Recorder's Office.
7.32.140 Section 706.1, Chapter 7, Fire walls-Amended.
Section 706.1 is amended by adding a r~ew subsection 706.12 to read:
706.1.2 Fire walls shall not be considered to create separate buildings for the
purpose of automatic fire-sprinkler system requirements as set forth in Chapter 9.
Exception: Buildings separated by continuous area separation walls of four-
hour fire-resistive construction without openings. Buildings required to have
automatic fire-sprinkler protection as set forth in Section 13113 of the Health and
Safety Code are prohibited from using area separation walls in lieu of automatic
fire-sprinkler protection.
7.32150 Section 701.A.1, Chapter 7A, Scope-Amended.
Section 701A.1 is amended to read:
Page 5 of 21
~b~~~~~
~~
This Chapter applies to building materials, systems and/or assemblies used in
the exteriar design and construction of new buildings located within a Wildland-
Urban Interface Fire Area as defined in Section 702A or adjacent to open space or
undeveloped land.
7.32.160 Section 702A, Chapter 7A, Definitions-Amended
Section 702A is amended to add the following definitions:
Adjacent to Open Space - This refers to commercial parcels and residential lots which
have a point of contact with open space.
Adjacent to Undeveloped Land - This refers to commercial parcels and residential lots
which have a point of contact with Undeveloped Land.
Open Space - For the purpose of this Chapter, Open Space is defined as those lands set
aside to remain permanently undeveloped.
Undeveloped Land - For the purpose of this Chapter, Undeveloped Land is that land
which is available for development but no Tentative Map, Master Tentative Map or
Development Agreement has been approved, and any land designated for government use
for which no development plan has been approved.
7.32.170 Section 717.3.2 Exceptions 1 and 2, 717.4.2 Exception 2, 717.4.3
Exception, Chapter 7, Draft-stopping-Deleted.
Sections 717.3.2 Exceptions 1 and 2, 717.4.2 Exception 2, and 717.4.3 Exception are
deleted.
7.32180 Sections 903.2.1.2, 903.2.1.3, 903.2.1.4-Deleted; Sections 903.2.1.1,
903.2.3, 903.2.4, 903.2.7, 903.2.9, 903.2.11.3-Amended; and Sections
903.2.2.1 and 903.2.19-Added.
Sections 903.2.1.2, 903.2.1.3, 903.2.1.4 are deleted, Sections 903.2.1.1, 9032.3,
903.2.4, 903.2.7, 903.2.9, and 903.2.11.3 are amended to read as follows, and Sections
9032.1.1, and 903.2.19 are added to read as follows:
9032.1.1 Group A Occupancies.
An automatic fire-extinguishing system shall be installed in all Group A
Occupancies (except of Type V construction) where the floor area exceeds 5,000
square feet (465 m2) and in all basements floor area exceeds 1,500 square feet
(139.4 m2). Group A occupancies that are of Type V construction where the floor
area exceeds 3,000 square feet (279 m2).
Page 6 of 21
53 ~~
~
Sections 9032.1.2, 903.2.1.3, 903.2.1.4, are Deleted.
903.2.2.1 Group B Occupancies.
An automatic fire-extinguishing system shall be installed in Group B
occupancies (except Type V construction) where the floor area exceeds 5,000
square feet (465 m2). An automatic sprinkler system shall be installed in Group B,
of Type V construction where the floar area exceeds 3,000 square feet (279 m2).
9032.3 Group E Occupancies.
An automatic fire-extinguishing system shall be installed in Group E
occupancies where the floor area exceeds 5,000 square feet (465 m2).
903.2.4 Group F Occupancies.
An automatic fire sprinkler system shall be installed in all Group F
occupancies (except Type V construction) where the floor area exceeds 5,000
square feet (465 m2) an automatic sprinkler system shall be installed in all Group
F occupancies of Type V construction where the floor area exceeds 3,000 square
feet (279 m~).
903.2.7 Group M Occupancies.
An automatic sprinkler system shall be installed in Group M occupancies
where the floor area exceeds 5,000 square feet (465 m2) (except Type V
construction). An automatic fire sprinkler system shall be installed in all retail
sales rooms classed as Group M and S occupancies of Type V construction where
the floor area exceeds 3,000 square feet (279 m2).
903.2.9 Group S Occupancies.
An automatic sprinkler system shall be installed in Group S occupancies where
the floor area exceeds 5,000 square feet (465 mz) (except Type V construction).
An automatic fire sprinkler system shall be installed in all retail sales rooms
classed as Group S occupancies of Type V construction where the floor area
exceeds 3,000 square feet (279 m2).
Sections 903.2.9.1, 9032.9.2, 903.2.10, 903.2.10.1, are Deleted.
903.2.11.3 Buildings Three or More Stories in Height.
An automatic sprinkler system shall be installed in all occupancies, regardless
of type of construction, if the building is three or mare stories or more than 35
feet in height measured from the pad grade level to the highest point of the
Page 7 of 21
5~~ ~~
b
building. An automatic sprinkler system shall be installed in all other occupancies
as may be required by the 2010 California Building Code.
903.2.19 All Occupancies
Automatic fire-extinguishing systems shall be installed in all occupancies
located more than 1%2 miles from a fire station providing fire protection to that
location. Said distance shall be measured in a straight line.
Buildings containing portions which are required to have an automatic fire
extinguishing system because of the number of stories shall have the automatic
fire extinguishing system installed throughout and fire walls as set forth in Section
705 shall not be considered as creating separate buildings for the purpose of this
section.
When the specific use of a building is not known at the time of design and
installation of the automatic fire-extinguishing system the design shall be based
upon Ordinary Hazard Group 2 as set forth in the Fire Code.
Whenever an addition is made to an existing building automatic fire-
extinguishing systems shall be installed if the existing building plus the addition
exceeds the area or height limitations set forth in this section. Whenever the use
of an existing building or portion thereof is changed in any manner so as to
require the installation of an automatic fire-extinguishing system, said system
shall be installed in that portion of the building housing the new use.
7.32.190 Section 15051, Chapter 15, Fire Classification-Amended.
Section 1505.1 is amended to read:
1505.1 Roof Assemblies shall be divided into the classes defined below. Class
A, B, and C roof assemblies and roof coverings required to be listed by this
section shall be tested in accordance with ASTM E 108 or UL 790. In addition,
fire-retardant-treated wood roof coverings shall be tested in accordance with
ASTM D 2898. The minimum roof coverings installed on buildings shall comply
with the following:
1. Map of Fire Safe Roof Areas. Figure 15-1 * is a map of Fire Safe Roof
areas. Said map may be amended from time to time by including areas which are
annexed to the City within one of the two roofing areas. Said amendments may be
made by the Building Official after consultation, with the Chief of the Fire
Department having jurisdiction.
2. Roofing Area 1. Any new roof and any alteration, repair or replacement for
buildings housing R& U-1 occupancies in Roofing Area 1 shall use roof covering
material that conforms to Class B or better or shall be made of concrete, ferrous or
copper metal, clay, slate ar similar non-combustible material.
Page 8 of 21
55~~ ~~~
3. Roofing Area 2. Any new roof for buildings using roof covering material
that conforms to Class C or better or shall be made of concrete, ferrous or copper
metal, clay, slate or similar non-combustible material.
4. Other Occupancies. Any new roof covering and any alterations, repairs or
replacement of roof covering material for buildings housing all other occupancies
shall conform to the requirements as set forth in Roofing Area 1.
* Editor's Note: Figure 15-1 is on file in the office of the City Clerk.
7.32.200 Table 1607.1, Chapter 16, Uniform and concentrated loads-Amended.
Table 1607.1 is amended by adding a new Footnote N to read:
N. Bridges for vehicular traffic shall be designed for H2Oloading as designated
by the American Association of State Highway Officials.
7.32.210 Section 1613.8, Chapter 16, Modifications to ASCE 7-15 Section 12.8.7
- Added
A new Section 1613.8 is added to read:
1613.8 ASCE 7, Section 12.8.7. Modify ASCE7, Section 12.8.7 by amending
Equation 12.8-16 as follows:
!7 ~ l
f.~= "'r {1~?.~i-11~1
~rx f~e~- ~Vil
7.32.220 Section 1704.4, Exception 1, Chapter 17, Concrete Construction -
Amended
Section 1704.4, Exception 1 is amended to read:
1. Isolated spread concrete footings of buildings three stories or less above grade
plane that are fully supported on earth or rock, where the structural design of the
footing is based on a specified compressive strength, f c, no greater than 2,500
pound per square inch (psi) (17.2 Mpa).
7.32.230 Section 19081.8, Chapter 19, ACI318, Section 2210-Amended
Section 1908.1.8, is amended to read:
22.10 - Plain concrete in structures assigned to seismic design category C, D, E or
F.
22.10.1- Structures assigned to Seismic Design Category C, D, E or F shall not
have elements of structural plain concrete, except as follows:
Page 9 of 21
~U ~~ C~~~
(a) Isolated footings of plain concrete supporting pedestals or columns are
permitted, provided the projection of the footing beyond the face of the
supported member does not exceed the footing thickness.
Exception: In detached one and two-family dwelling three stories or less in
height, the projection of the footing beyond the face of the supported member
is permitted to exceed the footing thickness.
(b) Plain concrete footing supporting walls are permitted, provided the footings
have at least two continuous longitudinal reinforcing bars. Bars shall not be
smaller than No. 4 and shall have a total area of not less than 0.002 times the
gross cross-sectional area of the footing. A minimum of one bar shall be
provided at the top and bottom of the footing. Continuity of reinforcement
shall be provided at corners and intersections.
Exception:
In detached. one and two-family dwellings three stores or less in height and
constructed with stud bearing walls, plain concrete footings-with at least
two continuous longitudinal reinforcing bars not smaller than No. 4 are
permitted to have a total area of less than 0.002 times the gross cross -
sectional area of the footing.
7.32.240 Section 2308.9.3, Chapter 23, Bracing, Items 1 and 5-Deleted.
Section 2308.9.3, Items 1 and 5 are deleted.
7.32.250 Section 2308.9.3, Chapter 23, Bracing, Item 7-Amended.
Section 232011.3, Item 7 is amended to read:
Portland cement plaster on studs spaced 16 inches (406 mm) on center installed in
accordance with Section 2510. Limited to single story U occupancies.
7.32.260 Section 2308.12.5, Attachment of Sheathing-Amended.
Section 2308.12.5, is amended by adding a second paragraph:
All braced wall panels shall extend to the roof sheathing and shall be attached to
parallel roof rafters or blocking above with framing clips (18 gauge minimum)
spaced at maximum 24 inches (6096 mm) on center with four 8d nails per leg
(total eight 8d nails per clip). Braced wall panels shall be laterally braced at each
top corner and at maximum 24 inches (6096 mm) intervals along the top plate of
discontinuous vertical framing.
7.32.270 Section 3111.1, Chapter 31, Prohibited Installations-Added.
A new Section 3111.1 is added to read:
It shall be unlawful to install a wood burning fireplace or appliance that is not one
of the following:
Page 10 of 21
~'~~~~
1) Pellet-fueled wood heater,
2) EPA certified wood heater,
3) Fireplace certified by EPA
7.32.280 Section 3203, Chapter 32, Signs-Added.
A new Section 3203 is added to read:
Section 3203 Signs. Signs when placed flat against the wall of a building shall
not project beyond the front property line more than 12 inches (305mm).
7.32.290 Section H101.2, Signs exempt from permits -Deleted.
Section H101.2 is deleted.
7.32.300 Section 1010, Appendix Chapter 10, Building security - Added.
Appendix Chapter 10 is added to read:
Section 1010 building security shall be in accordance with the Uniform Building Security
Code in addition to the following:
Editor's Note: See Chapter 7.34 Residential Code for single family or townhouse
requirements.
(A) Addressing. All buildings shall be addressed as follows:
(1) Walkways serving mare than 5 individual units where the front entrance is not
parallel to the street and driveways servicing more than 5 individual dwelling units shall
have minimum of 4 inch high identification numbers, noting the range of unit numbers
placed at the entrance to each driveway at a height between 36 and 42 inches above
grade. The address numbers shall be illuminated during the hours of darkness. The light
source shall be provided with an uninterruptible AC power source or controlled only by a
photoelectric device.
(2) There shall be positioned at each street entrance of a multi- family complex
having more than one structure, an illuminated diagrammatic representation (map) of the
complex that shows the location of the viewer and the unit designations within the
complex. It shall be lighted during the hours of darkness utilizing a light source, which is
constructed of weather and vandal resistant materials and provided with an
uninterruptible AC power source or controlled by a photoelectric device. Nothing in this
section shall preclude the requirement for circuit protection devices where applicable.
(3) If the building is adjacent to an alley, the number shall also be placed on or
adjacent to the rear gate accessing the alley. Any building with vehicular access to the
rear through a public or private alley shall display, in a clearly visible location, a highly
reflective or illuminated address number a minimum of four (4) inches in height.
Page 11 of 21
~g~ ~~~
~
(4) Where more than 1 building is accessed by a common street entrance or there are
multiple buildings on the same lot, each principal building shall display the number or
letter assigned to that building on each corner of the building, as determined by the
Building Official. These numbers shall be made visible during the hours of darkness.
The street name may also be required when there is a secondary street frontage.
(5) Addressing shall not be obstructed by architectural structures such as trellises,
arbors, balconies, light fixtures and or landscaping.
(6) In Commercial Day Care or Education facilities, all interior and exterior doors
shall be provided with a room number on the door. A map of the facilities detailing
location of all rooms and their uses shall be kept on file at the facilities on-site office.
(B) Exterior Openings. Exterior opening shall be as follows:
(1) Swinging exterior wood and steel doors shall be equipped as follows:
(a) A single or double door shall be equipped with a double or single cylinder
deadbolt. The bolt shall have a minimum projection of one (1) inch and be
constructed so as to repel cutting tool attack. The deadbolt shall have an
embedment of at least three-fourths (3/4) inch into the strike receiving the
projected bolt. The cylinder shall have a cylinder guard, a minimum of five pin
tumblers and shall be connected to the inner portion of the lock by connecting
screws of at least one-fourth (1/4) inch in diameter. The provisions of the this
paragraph do not apply where: (a) panic hardware is required, (b) conflicts with
emergency egress requirements of the building and fire codes or (C) an equivalent
device is approved by the authority having jurisdiction.
(b) Doorstop on a wooden jamb for an in-swing door shall be of one-piece
construction with the jamb joined by a rabbet.
(c) For the purpose of this section, doors leading from garage areas into a
dwelling are exterior doors.
(2) Double doors shall be equipped as follows:
(a) The inactive leaf of double doar(s) shall be equipped with metal flush bolts
have a minimum embedment of five-eighths (5/8) inch into the head and threshold
of the doorframe.
(b) Double doors shall have an astragal constructed of steel a minimum of .125
inch thick, which will cover the opening between the doors. The astragal shall be
a minimum of two (2) inches wide and extend a minimum of one (1) inch beyond
the edge of the door to which it is attached. The astragal shall be attached to the
outside of the active door by means of welding or with non-removable bolts
spaced apart on not more than ten (10) inch centers. (The door to which such an
Page 12 of 21
~~ ~ ~1t~
~
astragal is attached must be determined by the fire safety codes adopted by the
enforcing authority.)
(3) Aluminum frame swinging doors shall be equipped as follows:
(a) The jamb on all aluminum frame-swinging doors shall be so constructed or
protected to withstand 1,600 pounds of pressure in both a vertical distance of
three (3) inches and a horizontal distance of one (1) inch each side of the strike, to
prevent violation of the strike.
(b) A single or double door shall be equipped with a double cylinder deadbolt
with a bolt projection exceeding one (1) inch, or a hook shaped or expanding dog
bolt that engages the strike sufficiently to prevent spreading. The deadbolt lock
shall have a minimum of five pin tumblers and a cylinder guard.
(4) Panic hardware, whenever required by the California Building Code or Title 19,
California Administration Code, shall be installed as follows;
(a) Panic hardware shall contain a minimum of two (2) locking points on each
door; or
(b) On single doors, panic hardware may have one locking point, which is not to
be located at either the top or bottom frame. The door shall have an astragal
constructed of steel .125 inch thick, which shall be attached with non-removable
pins to the outside of the door. The astragal shall extend a minimum of six (6)
inches vertically above and below the latch of the panic hardware. The astragal
shall be a minimum of two (2) inches wide and extend a minimum of one (1) inch
beyond the edge of the door to which it is attached.
(c) Double doors containing panic hardware shall have an astragal attached to the
doars at their meeting point, which will close the opening between them, but not
interfere with the operation of either door. (The astragal shall not interfere with
the safe operation of emergency egress).
(5) Horizontal or Sliding Doors shall be installed as follows:
(a) In commercial occupancies, horizontal sliding doars shall be equipped with a
metal guide track at top and bottom and a cylinder lock and/or padlock with a
hardened steel shackle which locks at both heel and toe, and a minimum five pin
tumbler operation with non-removable key when in an unlocked position. The
bottom track shall be so designed that the door cannot be lifted from the track
when the door is in a locked position.
(b) In residential occupancies, locks shall be provided on all sliding patio doors.
The lock bolt on all glass patio doars shall engage the strike sufficiently to
prevent its being disengaged by any possible movement of the door within the
Page 13 of 21
~or ~~
space or clearance provided for installation and operation. The strike area shall be
of material adequate to maintain effectiveness of bolt strength.
(c) Sliding patio glass doors opening onto patios or balconies which are less than
one story above grade or are otherwise accessible from the outside shall have the
moveable section of the door sliding on the inside of the fixed portion of the door
or possess an approved secondary lock mounted on interior of moveable section.
(6) In office buildings (multiple occupancy), all entrance doors to individual office
suites shall meet the construction and locking requirements for exterior doors.
(7) In commercial occupancies, windows shall be deemed accessible if less than
twelve (12) feet above the ground. Accessible windows having a pane exceeding ninety-
six (96) square inches in an area with the smallest dimension exceeding six (6) inches and
not visible from a public or private thoroughfare shall be protected with burglary resistant
glazing or other approved methods as determined by the Building Official.
(8) Side or rear windows of the type that can be opened shall, where applicable, be
secured on the inside with either a slide bar, bolt, crossbar, auxiliary locking device,
and/or padlock with a hardened steel shackle, a minimum four pin tumbler operation.
(9) Protective bars or grills shall not interfere with the operation of opening windows
if such windows are required to be operable by the California Building Code.
(10) All exteriar transoms exceeding ninety-six (96) square inches on the side and
rear of any building or premises used for business purposes shall be protected with
burglary resistant glazing or other approved methods as determined by the Building
Official.
(11) Roof openings shall be equipped as follows:
(a) All skylights on the roof of any building or premises used by business
purposes shall be provided with:
(1) Rated burglary resistant glazing; ar
(2) Iron bars of at least one-half (1/2) inch round or one by one-fourth (1
x'/4) inch flat steel material under the skylight and securely fastened; or
(3) Steel grills of at least one-eighth (1/8) inch material with a maximum
two (2) inches mesh under the skylight and securely fastened.
(4) A monitored intrusion alarm system. The system shall be kept
operable at all times. The Chief of Police may required periodic testing of
the alarm system to verify proper operation.
Page 14 of 21
l~l G~~, q~~>
(b) All hatchway openings on the roof of any building or premises used for
business purposes shall be secured as follows:
(1) If the hatchway is of wooden material, it shall be covered on the inside
with at least sixteen (16) U.S. gauge sheet metal, or its equivalent,
attached with screws.
(2) The hatchway shall be secured from the inside with a slide bar or slide
bolts. (Fire Department approval may be desired.)
(3) Outside hinges on all hatchway openings shall be provided with non-
removable pins when using pin-type hinges.
(c) All air duct or air vent openings exceeding ninety-six (96) square inches on
the roof or exterior walls of any building or premises used for business purposes
shall be secured by covering the same with either of the following:
(1) Iron bars of at least one-half (1/2) inch round or one by one-fourth (1
x'/4) inch flat steel material spaced no more than five (5) inches apart and
securely fastened; or
(2) Iron or steel grills of at least one-eighth (1/8) inch material with a
maximum two (2) inch mesh and securely fastened.
(3) If the barrier is on the outside, it shall be secured with bolts which are
non-removable from the exterior.
(4) The above must not interfere with venting requirements creating a
potentially hazardous condition to health and safety or conflict with the
provisions of the California Building Code or Title 19, California
Administrative Code.
(12) Exterior roof ladders shall not be permitted.
(13) Exterior electrical or phone panels are not permitted in commercial occupancies.
(14) Separation walls for individual commercial tenant spaces housed within a
common structure shall be solid and continuous from the structure's foundation to roof pr
floor / ceiling assembly.
(15) Intrusion Devices.
(a) If the enforcing authority determines that the security measures and locking
devices described in this Chapter do not adequately secure the building, due to
special conditions, he/she may require the installation and maintenance of an
intrusion device (burglar alarm system).
Page 15 of 21
~~~ ~~~
(C) Landscaping.
(1) Shrubs and ground cover shall not directly cover windows and doorways.
(2) River rock used near parking lots or buildings shall be permanently affixed.
(3) Open space and buildings shall be arranged to afford visibility and opportunity
for surveillance by on-site users and passers-by.
(4) Barriers, both real and symbolic, shall be designed to afford opportunities for
surveillance through the barrier.
(5) For residential development, backyard gates shall be the full height of the wall or
fence adjacent and capable of being locked.
(6) For residential development, walls or fences, if installed, shall~be a minimum of 6
feet in height when adjacent to any of the following:
Reverse frontage
Retention/detention areas
Parks
Commercial areas
Industrial areas
Bike paths
(D) Lighting. Lighting of buildings or complexes shall at a minimum be illuminated
as follows:
(1) A site plan shall be provided showing buildings, parking areas, walkways,
detailed landscaping and a point by point photometric calculation of the required light
levels.
(2) All exterior entrances shall be illuminated with a uniformly maintained minimum
level of one foot candle of light between ground level and 6 vertical feet within a
minimum radius of 15 feet from the center of the entrance between sunset and sunrise.
(3) Postal Service "gang boxes" (group postal boxes) shall be illuminated with a
uniformly maintained minimum level of one foot candle of light.
(4) Lighting of all exterior areas shall be designed to maximize surveillance and
reduce conflicts with building design, mature landscaping, and to minimize glare.
(5) Open stairways shall be illuminated with a minimum maintained five-tenths (0.5)
foot-candle of light in all landings and stair treads during the hours of darkness. Enclosed
Page 16 of 21
~~~ ~4~
~
stairways and enclosed common corridors shall be illuminated at all times with a
minimum maintained one-foot candle of light on all landings and stair treads.
(6) Private streets, alleys, and emergency access roads shall be illuminated using the
same standards as established for public thoroughfares.
(7) Aisles, passageways, pedestrian walkways and recessed areas related to and
within a building, a building complex, or providing access to a building or building
complex from a parking lot or right of way shall be illuminated with a minimum
uniformly maintained minimum level of one foot candle of light between ground level
and six vertical feet between sunset and sunrise or other methods approved by the
Building Official.
(8) Open parking lot and/or carport and refuse areas shall be provided with and
maintained to a minimum of one foot-candle of light on the parking surface. The
Building Official may approve a lower light level, if it can be demonstrated that the lower
level provides for sufficient security lighting.
(9) Covered parking lots or covered portions of parking lots shall be illuminated with
a uniformly maintained minimum level of one-foot candle of light between ground level
and 6 vertical feet between sunset and sunrise. Lighting shall be designed so that
architectural or structural features do not obstruct the minimum light coverage.
(10) Parking structures or enclosed or partially enclosed parking lots shall be
illuminated with a uniformly maintained minimum level of two foot candles of light
between ground level and 6 vertical feet between sunrise and sunset (daylight hours).
(11) Lighting fixtures shall be so arranged as to illuminate light uniformly over the
parking surface and be tamper resistant.
(12) Public rest rooms, rooms identified for the general public and children's
recreation areas shall be provide with emergency lighting meeting section 1006 of this
Code.
All light sources required by this section shall be: (a) controlled by a photocell device or
a time clock that will turn the lights on at dusk and off at dawn and (b) protected by
weather and vandal resistant covers.
(E) Garage Type (Vehicle) Doors. Garage-type doors, which are either rolling
overhead, solid overhead, swinging, sliding, or accordion style doors shall conform to the
following standards;
(1) Wood doors shall have panels a minimum of five-sixteenths (5/16) inch in
thickness with the locking hardware being attached to the support framing.
Page 17 of 21
/,~/~;~' ~ ~I
l// I ~
i
(2)Aluminum doors shall be a minimum thickness of .0215 inches and riveted
together a minimum of 18 inches on center along the outside seams. There shall be a full
width horizontal beam attached to the main doar structure which shall meet the pilot, or
pedestrian access, door framing within 3 inches of the strike area of the pilot or
pedestrian access door.
(3) Fiberglass doors shall have panels a minimum density of 6 ounces per square foot
from the bottom of the door to a height of 7 feet. Panels above 7 feet and panels in
residential structures shall have a density not less than 5 ounces per square foot.
(4) Doors utilizing a cylinder lock shall have a lock receiving point at each outer
edge of the door; or, of the door does not exceed 19 feet, a single bolt may be used if
placed in the center of the door with the locking point located either at the floor or door
frame header.
(5) Doors with slide bolt assemblies shall have frames a minimum of .120 inches of
thickness, with a minimum bolt diameter of one half (1/2) inch and protrude at least one
and one half (1 %z) inches into the receiving guide. A bolt diameter of three-eighths (3/8)
inch may be used in a residential building. The slide bolt shall be attached to the door
with non-removable bolts from the outside. Rivets shall not be used to attach slide bolt
assemblies.
(6) Padlocks used with exterior mounted slide bolts shall have a hardened steel
shackle locking at both heel and toe and a minimum five pin tumbler operation with non-
removable key when in an unlocked position. Padlocks used with interior mounted slide
bolts shall have a hardened steel shackle with a minimum 4-pin tumbler operation.
(F) Emergency Access
(1) Private roads and parking areas or structures controlled by unmanned mechanical
parking type gates shall provide for emergency access as follows:
Radio frequency access or by providing the gate access code for distribution to
emergency responders. When an access code is to be utilized, an illuminated control
box is to be mounted on a control pedestal consisting of a metal post/pipe, which shall
be installed at a height of 42 inches and a minimum of 15 feet (4.6m) from the
entry/exit gate. It shall be located on the driver's side of the road or driveway and
accessible in such a manner as to not require a person to exit their vehicle to reach it,
nor to drive on the wrong side of the road or driveway, nor to require any back-up
movements in order to enter/exit the gate.
(2) Non-residential multi-tenant buildings utilizing electronic access control systems
on the main entry doors, and enclosed retail shopping centers shall be provided with a
means to allow for police emergency access:
Page 18 of 21
W,~'~~~~>
(3) Pedestrian gates/doors using an electromagnetic type lock shall install a key
switch within a telephone/intercom console or in a control housing, or other method
approved by the Building Official that will provide for police emergency access. Options
include radio frequency access or providing the gate access code for distribution to
emergency responders.
(4) All lockable pedestrian gates to residential recreation areas serving 6 or more
dwelling units, and gates or doors to common walkways or hallways of residential
complexes where there are 4 or more dwelling units within the complex, shall provide for
police emergency access utilizing an approved key switch device or approved Knox box.
The Knox box shall be shall install adjacent to each gate/door, securely attaching it to a
fence or wall or location approved by the Building Official.
(5) Pedestrian gate doors utilizing mechanical locks shall install a Knox box adjacent
to each gate/door, securely attaching it to a fence or wall
(G) Keying requirements
Upon occupancy by the owner or proprietor, each single unit in a tract or commercial
development, constructed under the same site development review, shall have locks using
combinations that are interchange free from locks used in all other separate dwellings,
proprietorships, or similar distinct occupancies.
(H) Laundry rooms or areas: Common area laundry rooms in multi-family
complexes shall be designed and protected as follows:
(1) Entry doors shall have:
(a) A minimum six hundred (600) square inch clear vision panel in the upper half
ofthe door, consisting of'/4" tempered glass;
(b) Automatic, hydraulic door closures;
(c) Self-locking door locks equipped with a deadlocking latch allowing exiting by
a single motion and openable from the inside without the use of a key or any
special knowledge or effort;
(d) Non-removable hinge pins for out-swinging doors to preclude removal of the
door from the exterior by removing the hinge pins; and
(e) A latch protector consisting of minimum 0.125-inch-thick steel attached to the
door's exterior by non-removable bolts from the exterior. It shall be two (2)
inches wide and extend a minimum of five inches above and below the strike
opening and extend a minimum of one (1) inch beyond the edge of the door. It
shall have a metal anti-spread pin a minimum of one-half (1/2) inch in length.
Page 19 of 21
f
~j~~~
(2) The laundry room shall be illuminated at all times with a minimum maintained
one-foot candle of light at floor level, using a non-interruptible power source. There shall
be no light switches inside the room that control light fixtures used to meet this lighting
requirement.
(3) Any portion of an openable window which is within eight (8) feet vertically or six
(6) feet horizontally from any accessible surface or any adjoining roof, balcony, landing,
stair tread, platform, ar similar surface, or any climbable pole or tree, or any surface
providing a foothold, shall be secured as required by section 1018 Uniform Building
Security Code.
(4) The interior of laundry rooms shall be visible from the exterior along common
walking or driving surfaces. Perimeter windows and interior mirrors may be utilized to
meet this requirement. Laundry rooms are to be located in high activity areas with
natural surveillance opportunities and not in remote or isolated locations.
(I) Elevators
Elevators shall be designed as follows:
Elevator cabs, the interiors of which are not completely visible when the door is
open from a point centered on the 36 inches away form the door shall have shatter
resistant mirrors or other equally reflective material so placed as to make visible the
entire elevator cab from this point. The elevator cab shall be illuminated at all times
with a minimum maintained 2 foot candles of light at floor level.
(J) Stairways
Except for private stairways, Stairways shall be designed as follows:
(1) Interior doors shall have glazing panels a minimum of 5 inches wide and 20
inches in height and meet requirements of the California Building Code.
(2) Areas beneath stairways at or below ground level shall be fully enclosed or
access to them restricted.
(3) Enclosed stairways shall have shatter resistant mirrors ar other equally reflective
material at each level and landing and be designed or placed in such manner as to provide
visibility around corners.
(K) Parking structures.
(1) Parking structures shall be designed to restrict unauthorized access.
(2) Outside stairwells shall be open and not obstructed from view
(3) Security telephones with monitoring capability shall be located on every level
adjacent to pedestrian ingress/egress points. If pedestrian ingress/egress points are more
Page 20 of 21
~~~~~
than 200 feet but less than 300 feet apart, additional security telephones shall be located
at the midpoint between pedestrian ingress/egress points. If pedestrian ingress/egress
points are more than 300 feet apart, security telephones will be located at 100 foot
intervals. Security telephones shall be visible from all vehicular and pedestrian
ingress/egress points and identified with appropriate signage.
(4) Blind corners shall be provided with shatterproof convex mirrors to improve
visibility for both operators of vehicles and pedestrians.
(5) Doors shall be labeled with signage meeting the requirements of section 501.2
(6) Parking structures shall have the ceiling area of each floor or tier painted and
maintained white or other reflective color approved by the Building Official.
(L) Other requirements
(1) Storage Areas. Exterior storage area attached to a dwelling, apartment or
condominium and enclosed by a door shall comply with this section or have a minimum
3/8" diameter hardened padlock hasp.
(2) Side Gates. Side gates shall be the full height of the adjacent fence or wall and be
capable of being locked. Side gates shall be secured with a slide bolt mounted on the
inside of the gate. The slide bolt shall have a bolt diameter of three-eighths (3/8) inch
and protrude at least one and one-half (1 %2) inches into the receiving guide. The slide
bolt shall be attached to the gate with non-removable bolts. Rivets shall not be used to
attach slide bolt assemblies. The slide bolt shall be mounted at a height that is not
accessible by reaching over the gate.
1525638.1
Page 21 of 21
~~~~~~
Chapter 7.34
RESIDENTIAL CODE
Sections:
7.34.010 Title.
7.34.020 Purpose.
7.34.030 Adoption of Residential Codes.
7.34.040 Scope.
7.34.050 Exceptions.
7.34.060 Additions, alterations and repairs-Generally.
7.34.070 Additions, alterations and repairs-Code compliance.
7.34.080 Alterations and repairs-Apartment house, hotels and dwellings.
7.34.090 Additions-Apartment house, hotels and dwellings.
7.34.100 Repair of roof covering.
7.34.110 Chapter 1, Administration- Deleted.
7.34120 Table R301.2(1), Chapter R3 - Amended
7.34.130 Section R313.1 Exception, Chapter R3 Automatic Fire Sprinkler
Systems - Amended.
7.34.140 Section R313.2 Exception, Chapter R3 Automatic Fire Sprinkler
Systems - Amended.
7.34.150 Section R319.2, Chapter R3, Site Address - Added.
7.34160 Section R350, Chapter R3, Building Security - Added
7.34.170 Section R403.1.3, Chapter R4, Seismic reinforcing - Amended
7.34.180 Table R602.10.1.2(2), Chapter R6, Bracing Requirements - Amended
7.34.190 Section R602.10.2.1.1, Chapter R6, Limits on methods LIB, GB and
PCP - Added.
7.34.200 Section R902, Chapter 9, Roof Classification-Amended.
7.34.210 Section R1001.1.2 Chapter lO,Prohibited Installations-Added.
7.34.220 Chapters 11 through 43 are Deleted.
7.34.010 Title.
The residential codes adopted by section 7.34.030 and the provisions of this Chapter
shall constitute the Dublin Residential Code and may be referred to as such.
7.34.020 Purpose.
The promotion and preservation of the public health, safety and general welfare of the
people of the City and the property situated therein have made necessary the adoption of
the residential codes referred to in Section 7.34.030 in order to adequately safeguard life,
health, property, and general welfare. The purpose of this Code is not to create ar
otherwise establish ar designate any particular class or groups of persons who will or
should be especially protected or benefited by the terms of this Code.
7.34.030 Adoption of Residential Codes.
A. The 2010 California Residential Code, Part 2.5, Title 24 of the California Code of
Regulations, a portion of the California Building Standards Code, as defined in the
Page 1 of 10
EXHIBIT D
~~ (~~' ~l ~ !"'~ ~t'~ {.,j, $ "~
~
~~ A
~~ ~ ~
California State Health and Safety Code Section 18901 et. seq. (hereinafter referred to as
the "State Code"), and any rules and regulations promulgated pursuant thereto including
the International Residential Code, 2009 Edition, including Appendix Chapter H as
published by the International Code Council, and as referenced in and adopted pursuant
to California State Health and Safety Code Sections 17922 and 18935, (hereinafter
referred to as the "IRC") are hereby adopted and incorporated by reference herein.
Copies of the adopted codes have been and are now filed in the Office of the City Clerk,
100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes
are adopted by reference pursuant to Section 50022.4, et seq., of the Government Code of
the State of California, and the codes are hereby adopted and incorparated as fully as if
set out at length herein, and from the date on which this Ordinance shall take effect, the
provisions thereof shall be controlling within the limits of the City of Dublin.
B. Notwithstanding the provisions of Section 7.34.030.A, the State Code and the IRC
are amended as set forth in Sections 7.34.110 through 7.34.220.
7.34.040 Scope.
A. The provisions of this Code shall apply to the construction, alteration, movement,
enlargement, replacement, repair, equipment, use and occupancy, location, maintenance,
removal, and demolition of every detached one- and two-family dwellings, townhouse
not more than three stories above grade plane in height with a separate means of egress
and structures accessory thereto throughout the City.
B. Exception: Live/work units complying with the requirements of Section 419 of the
California Building Code Title 24 part 2, shall be permitted to be built as one- and two-
family dwellings or townhouses. Fire suppression required by Section 419.5 of the
California Building Code when constructed under the California Residential Code for
one- and two family dwellings shall conform to Section 903.3.1.3 of the California
Building Code.
C. The permissive provision of this Code shall not be presumed to waive any
limitations imposed by any other law, ordinance, rule, or regulation. If two or more
pertinent limitations are not identical, those limitations shall prevail which provide
greater safety to life, health, property, or public welfare.
D. Buildings shall be made accessible to the physically handicapped as required by
Title 24 California Code of Regulation. Whenever there is a conflict between the
provisions of this Code and Title 24, California Code of Regulations, the provisions of
Title 24 shall prevail.
E. See the California Energy Code for energy conservation requirements, California
Mechanical Code for mechanical requirements, California Plumbing Code for plumbing
requirements and the California Electrical Code for electrical requirements. In addition,
see the California Building Code for interior environment requirements.
Page 2 of 10
EXHIBIT D
~a ~~
~~
7.34.060 Additions, alterations and repairs-Generally.
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 and Section 7.34.070 through 7.34.100.
7.34.070 Additions, alterations and repairs-Code compliance.
Additions, alterations or repairs may be made to any building or structure without
requiring the existing building or structure to comply with all the requirements of this
Code, provided the addition, alteration or repair conforms to that required for a new
building or structure. Additions or alterations shall not be made to an existing building or
structure which will cause the existing building or structure to be in violation of any of
the provisions of this Code nor shall such additions or alterations cause the existing
building or structure to become unsafe. An unsafe condition shall be deemed to have
been created if an addition or alteration will cause the existing building or structure to
become structurally unsafe or overloaded; will not provide adequate egress in compliance
with the provisions of this Code or will obstruct existing exits; will create a fire hazard;
will reduce required fire resistance or will otherwise create conditions dangerous to
human life. Any building so altered, which involves a change in use or occupancy, shall
not exceed the height, number of stories and area permitted for new buildings. Any
building plus new additions shall not ex~eed the height, number of stories and area
specified for new buildings. Additions or alterations shall not be made to an existing
building or structure when such existing building or structure is not in full compliance
with the provision of this Code.
7.34.080 Alterations and repairs.
A. The provisions of Section 7.34.070 shall not prohibit the alteration ar repair of any
legally established existing one- and two-family dwelling or townhouse not more than
three stories above grade plane in height with a separate means of egress ar 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 7.28.020, a substandard
building as defined in Section 1001 of the Uniform 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.
B. The provisions of Section 7.34.070 pertaining to additions shall not require any
legally existing one- and two-family dwelling or townhouse not more than three stories
above grade plane in height with a separate means of egress, ar 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 constructed to permit the
addition to increase the stress or deflection of any existing member so as to exceed that
specified by the Building Code. Whenever an addition increases the number of occupants
which must exit through the existing building all of the exit facilities serving the
increased number of occupants shall comply with the provisions of this Code. Whenever
Page 3 of 10
EXHIBIT D
71~~ ~~~
~
a new dwelling unit is created either by new construction, or by an alteration to an
existing building, separate gas and electrical meters shall be provided.
7.34.090 Additions.
Notwithstanding the provisions of Section 728.220, whenever alterations, repairs, or
additions requiring a permit or one (1) or more sleeping rooms are added or created in
existing Group R, Division 3 Occupancies, the entire building shall be provided with
smoke alarms located as required for new Group R, Division 3 Occupancies.
Furthermore spark arrestors shall be installed on all chimneys connected to solid
burning fuel-burning appliances.
7.34.100 Repair of roof covering.
Roof coverings may be repaired or replaced with materials as set forth in Section
7.32.180.
7.34.110 Chapter Rl, Division II Administration-Deleted.
Chapter Rl Division II is deleted.
7.34.120 Table R301.2(1), Chapter R3 - Amended
Table R301.2(1) is amended to read:
WIND DESIGN SUBJECT TO DAMAGE FROM
GROUND SEISMIC Frost WINTER ICE BARRIER AIR MEAN
SNOW Speed° Topographic DESIGN line DESIGN UNDERLAYMENT FLOOD FREEZING ANNUAL
LOAD m h effectsk CATEGORY~ Weatherin ° de thb Termite TEMP° REQUIRED" HAZARDS° INDEX' TEMP'
Very
N/A 85 NO DZ Negligible 12" Heavy 33° NO 9-14-87 0-1000 58.7
7.34.130 Section R313.1 Exception, Chapter R3 Automatic Fire Sprinkler
Systems - Amended.
Section R313.1 Exception is amended to read:
Exception: An automatic residential fire sprinkler systems shall not be required
for additions or alteration to existing building that are not already provided with an
automatic residential sprinkler system, provided that the total square footage of the
existing building plus the addition does not exceed 3600 square feet (334m2). Additions
ar alteration that remove 50 percent or more of the existing exterior walls of a dwelling
shall be considered a new dwelling for the purposes of Section R313.1.
7.34.140 Section R313.2 Exception, Chapter R3 Automatic Fire Sprinkler
Systems - Amended.
Section R313.2 Exception is amended to read:
Exception: An automatic residential fire sprinkler systems shall not be required
for additions or alteration to existing building that are not already provided with an
automatic residential sprinkler system, provided that the total square footage of the
existing building plus the addition does not exceed 3600 square feet (334m~). Additions
Page 4 of 10
EXHIBIT D
'~~~~~~
or alteration that remove 50 percent or more of the existing exterior walls of a dwelling
shall be considered a new dwelling for the purposes of Section R313.2.
7.34.150 Section R319.2, Chapter R3, Site Address - Added.
Section R319.2, is added to read:
1 Driveways servicing more than 5 individual dwelling units shall have minimum of
4 inch high identification numbers, noting the range of unit numbers placed at the
entrance to each driveway at a height between 36 and 42 inches above grade. The
address numbers shall be illuminated during the hours of darkness. The light source shall
be provided with an uninterruptible AC power source or controlled only by a
photoelectric device.
2. No other number may be affixed to a structure that might be mistaken for, or
confused with, the number assigned to the structure.
3. If the building is adjacent to an alley, the number shall also be placed on or
adjacent to the rear gate accessing the alley.
4. For multifamily buildings with recessed entryway over 2 feet, an additional lighted
address shall be placed at the entryway to the recessed area. If the recessed area provides
access to more than one dwelling unit, the range of units shall be displayed.
5. Each principal building of a multifamily complex shall display the number or
letter assigned to that building on each corner of the building at a height that will prevent
the number from being obscured by landscaping.
6. Any building with vehicular access to the rear through a public or private alley
shall display, in a clearly visible location, a highly reflective or illuminated address
number a minimum of four (4) inches in height.
7. Address numbers shall not be obstructed by architectural structures such as
trellises, arbors, balconies, light fixtures and or landscaping.
7.34160 Section R350, Chapter R3, Building Security - Added
Section R350 is added to read:
R350.1 Residential building security shall be in accordance with the Uniform Building
Security Code in addition to the following:
R350.2 Exterior doors: Each exterior door shall be secured as follows:
1. Exterior doors (excluding glass patio doors) and doors leading from garage areas
into dwellings shall be equipped with a dead bolt lock with one-inch (1 ") throw.
Page 5 of 10
EXHIBIT D
~~~~qt~
2. Pairs of doors shall have flush bolts with a minimum throw of five-eighths inch
(5/8") at the head and foot (floor and ceiling) of the inactive leaf.
3. Doorstop on a wooden j amb for an in-swing door shall be of one-piece
construction with the jamb joined by a rabbet.
4. Locks shall be provided on all sliding patio doors.
5. Sliding patio glass doors opening onto patios or balconies which are less than
one story above grade or are otherwise accessible from the outside shall have the
moveable section of the door sliding on the inside of the fixed portion of the door
or possess an approved secondary lock mounted on interior of moveable section.
6. The lock bolt on all glass patio doors shall engage the strike sufficiently to
prevent its being disengaged by any possible movement of the door within the
space or clearance provided for installation and operation. The strike area shall be
of material adequate to maintain effectiveness of bolt strength.
R350.3 Landscaping.
1. Shrubs and ground cover shall not directly cover windows and doorways.
2. River rock used near parking lots or buildings shall be permanently affixed.
3. Backyard gates shall be the full height of the wall or fence adjacent and capable
of being locked.
4. Open space and buildings shall be arranged to afford visibility and opportunity for
surveillance by on-site users and passers-by.
5. Barriers, both real and symbolic, shall be designed to afford opportunities for
surveillance through the barrier.
6. For residential development, walls or fences, if installed, shall be a minimum of 6
feet in height when adjacent to any of the following:
• Reverse frontage,
• Retention/detention areas,
• Parks, Commercial areas,
• Industrial areas, or
• Bike paths.
R350.4 Garage Type (Vehicle) Doors. Garage-type doors, which are either rolling
overhead, solid overhead, swinging, sliding, or accordion style doors shall conform to the
following standards;
Page 6 of 10
EXHIBIT D
`~1~ ~ ~~>
~
1. Wood doors shall have panels a minimum of five-sixteenths (5/16) inch in
thickness with the locking hardware being attached to the support framing.
2.Aluminum doors shall be a minimum thickness of .0215 inches and riveted together
a minimum of 18 inches on center along the outside seams. There shall be a full width
horizontal beam attached to the main door structure which shall meet the pilot, or
pedestrian access, door framing within 3 inches of the strike area of the pilot or
pedestrian access door.
3. Fiberglass doors shall have panels a minimum density of 6 ounces per square foot
from the bottom of the door to a height of 7 feet. Panels above 7 feet and panels in
residential structures shall have a density not less than 5 ounces per square foot.
4. Doors utilizing a cylinder lock shall have a lock receiving point at each outer edge
of the door; or, if the door does not exceed 19 feet, a single bolt may be used if placed in
the center of the door with the locking point located either at the floor or door frame
header.
5. Doors with slide bolt assemblies shall have frames a minimum of .120 inches of
thickness, with a minimum bolt diameter of one half (U2) inch and protrude at least one
and one half (1 %2) inches into the receiving guide. A bolt diameter of three-eighths (3/8)
inch may be used in a residential building. The slide bolt shall be attached to the door
with non-removable bolts from the outside. Rivets shall not be used to attach slide bolt
assemblies.
R350.5 Emergency Access. Private roads and parking areas or structures controlled by
unmanned mechanical parking type gates shall provide for police emergency access as
follows:
1. Radio frequency access or by providing the gate access code for distribution to
emergency responders. When an access code is to be utilized, an illuminated control box
shall be mounted on a control pedestal consisting of a metal post/pipe which shall be
installed at a height of 42 inches and a minimum of 15 feet (4.6m) from the entry/exit
gate. It shall be located on the driver's side of the road or driveway and accessible in
such a manner as to not require a person to exit their vehicle to reach it, nor to drive on
the wrong side of the road or driveway, nor to require any back-up movements in order to
enter/exit the gate.
2. All lockable pedestrian gates to residential recreation areas serving 6 or more
dwelling units, and gates or doors to common walkways or hallways of residential
complexes where there are 4 or more dwelling units within the complex, shall provide for
police emergency access utilizing an approved key switch device or approved Knox box.
3. Pedestrian gates/doors using an electromagnetic type lock shall install a key switch
within a telephone/intercom console or in a control housing, or other method approved by
Page 7 of 10
EXHIBIT D
I/~ I ~)
the Building Official that will provide for police emergency access. See 350.5.1 for
options.
4. Pedestrian gate/doors (including pedestrian gates/doors in pool enclosures and
recreational facilities) utilizing mechanical locks shall install a Knox box adjacent to each
gate/door, securely attaching it to a fence or wall.
R350.6 Keying requirements. Upon occupancy by the owner or proprietor, each single
unit in a tract constructed under the same site development review, shall have locks using
combinations that are interchange free from locks used in all other separate dwellings,
proprietorships, or similar distinct occupancies.
R350.7 Other requirements
1. Storage Areas. Any exterior storage area attached to a dwelling enclosed by a
door shall comply with this section or have a minimum 3/8" diameter hardened
padlock hasp.
2. Side Gates. Side gates shall be the full height of the adjacent fence or wall and
be capable of being locked. Side gates shall be secured with a slide bolt mounted on the
inside of the gate. The slide bolt shall have a bolt diameter of three-eighths (3/8) inch
and protrude at least one and one-half (1 %2) inches into the receiving guide. The slide
bolt shall be attached to the gate with non-removable bolts. The slide bolt shall be
mounted at a height that is not accessible by reaching over the gate.
7.34.170 Section R403.1.3, Chapter R4, Seismic reinforcing - Amended
Section R403.1.3 is amended to read:
R4031.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories
Do, D1 and DZ, as established in Table R301.2(1), shall have minimum reinforcement of
at least two continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom
reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of
the footing.
In Seismic Design Categories Do, Dl and DZ where a construction joint is created
between a concrete footing and a stem wall, a minimum of one No. 4 bar shall be
installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3
inches (76 mm) clear of the bottom of the footing, have a standard hook and extend a
minimum of 14 inches (357 mm) into the stem wall.
In Seismic Design Categories Do, Dl and DZ where a grouted masonry stem wall is
supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be
installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3
inches (76 mm) clear of the bottom of the footing and have a standard hook.
Page 8 of 10
EXHIBIT D
~1~~ ~~L3
In Seismic Design Categories Do, D1 and DZ masonry stem walls without solid grout and
vertical reinforcing are not permitted.
Exception: In detached one- and two-family dwellings which are three stories or less in
height and constructed with stud bearing walls, isolated plain concrete footings
supporting columns or pedestals are permitted.
7.34.180 Table R602.10.1.2(2), Chapter R6, Bracing Requirements - Amended
Table R602.10.1.2(2) is amended by adding a new footnote "d" to read:
d. In Seismic Design Categories Do, D1, and D2, Method LIB and GB are not
permitted and the use of Method PCP is limited to one-story single family
dwellings and accessory structures.
Add the "d" footnote notation in the title of Table R602.10.1.2(2) after the three
footnotes currently shown, to read:
TABLE R602.101.2(2)a,b,c,d
7.34.190 Section R602.10.2.1.1, Chapter R6, Limits on methods LIB, GB and
PCP - Added.
A new Section R602.10.2.1.1 if added to read:
R60210.2.1.1 Limits on methods LIB, GB and PCP. In Seismic Design Categories
Do, DI, and DZ, Method LIB and GB are not permitted for use as intermittent braced wall
panels, but gypsum board is permitted to be installed when required by this Section to be
placed on the opposite side of the studs from other types of braced wall panel sheathing.
In Seismic Design Categories Do, D1, and D2, the use of Method PCP is limited to one-
story single-family dwellings and accessory structures.
7.34.200 Section R902, Chapter 9, Roof Classification-Amended.
Section R902.1 is amended to read:
R902.1 Roof covering materials. Roofs shall be covered with materials as set
forth in Sections R904 and R905. Class A, B or C roofing shall be installed in
areas as designated below. Classes A, B and C roofing required by this section to
be listed shall be tested in accordance with UL 790 or ASTM E 108.
1. Map of Fire Safe Roof Areas. Figure 15-1 * is a map of Fire Safe Roof
areas. Said map may be amended from time to time by including areas which are
annexed to the City within one of the two roofing areas. Said amendments may be
made by the Building Official after consultation, with the Chief of the Fire
Department or their designee having jurisdiction.
2. Roofing Area 1. Any new roof and any alteration, repair or replacement for
Page 9 of 10
EXHIBIT D
~~~~,:~: ~,~~
~
buildings housing R& U-1 occupancies in Roofing Area 1 shall use roof covering
material that conforms to Class B or better or shall be made of concrete, ferrous or
copper metal, clay, slate or similar non-combustible material.
3. Roofing Area 2. Any new roof for buildings using roof covering material
that conforms to Class C or better or shall be made of concrete, ferrous or copper
metal, clay, slate or similar non-combustible material.
* Editor's Note: Figure 15-1 is on file in the office of the City Clerk.
7.34.210 Section R1001.1.2 Chapter lO,Prohibited Installations-Added.
A new Section R1001.1.2 is added to read:
It shall be unlawful to install a new wood burning fireplace or appliance that is
not one of the following:
1) Pellet-fueled wood heater,
2) EPA certified wood heater,
3) Fireplace certified by EPA
7.34.220 Chapters 11 through 43 are Deleted.
Chapters 11 through 43 are deleted.
1525654.1
Page 10 of 10
EXHIBIT D
~~~~, ~~~
Chapter 7.36
ELECTRICAL CODE
Sections:
7.36.010 Title.
7.36.020 Purpose.
7.36.030 Adoption of Electrical Codes.
7.36.040 Scope.
7.36.050 Exceptions.
7.36.060 Additions, alterations and repairs.
7.36.070 Fire alarms.
7.36.080 Section 210.53, Office receptacle outlets-Added.
7.36.010 Title.
The buildings codes adopted by reference in Section 7.36.030 and the provisions of
this Chapter shall constitute the Dublin Electrical Code and may be referred to as such.
7.36.020 Purpose.
A. The promotion and preservation of the public health, safety, and general welfare of
the people of the City and the property situated therein have made necessary the adoption
of the electrical codes referred to in Section 7.36.030 in arder to adequately safeguard
life, health, property, and general welfare.
B. The purpose of this code is not to create or otherwise establish or designate any
particular class or groups of persons who will or should be especially protected or
benefited by the terms of this code.
7.36.030 Adoption of Electrical Codes.
A. The 2010 California Electrical Code, Part 3, Title 24 of the California Code of
Regulations, a portion of the California Building Standards Code, as defined in the
California State Health and Safety Code Section 18901 et. seq. (hereinafter referred to as
the "State Code"), and any rules and regulations promulgated pursuant thereto including
the National Electrical Code, 2008 Edition, as published by the National Fire Protection
Association, and as referenced in and adopted pursuant to California State Health and
Safety Code Sections 17922 and 18935, (hereinafter referred to as the "NEC") are hereby
adopted and incorporated by reference herein.
Copies of the adopted codes havc been and are now filed in the Office of the City Clerk,
100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes
are adopted by reference pursuant to Section 50022.4, et seq., of the Government Code of
the State of California, and the codes are hereby adopted and incorporated as fully as if
set out at length herein, and from the date on which this Ordinance shall take effect, the
provisions thereof shall be controlling within the limits of the City of Dublin.
Page 1 of 3
EXHIBIT E
~~ GI.1 IGE~'~dY~PF'7~' c~
~~~ ~ D
B. Notwithstanding the provisions of Section 7.36.030.A, the State Code and the NEC
are amended as set forth in Section 7.36.080.
7.36.040 Scope.
A. The provisions of this code shall apply to the installation, erection, construction,
enlargement, addition to, alteration, repair, moving, removal demolition, conversion, use,
and maintenance of any electrical wiring, appliances, devices, equipment, and
apparatuses used for or in connection with the transmission or use of electrical energy for
light, heat, power, radio, signaling communication ar for other purpose in any building,
structure, or premises within the City.
B. 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 (2) or more
pertinent limitations shall prevail which provide greater safety to life, health, property or
public welfare.
C. Electrical appliances and equipment shall be made accessible to the physically
handicapped. Whenever there is a conflict between the provisions of this code and Title
24 California Code of Regulation, the provisions of Title 24 shall prevail.
7.36.050 Exceptions.
The provisions of this code shall not apply to:
A. Work located in a public street;
B. Electrical installations within trailer coaches, campers, motor vehicles, railroad cars
and aircraft; however, if any of the foregoing are permanently placed on the ground or
have their wheels removed for other than temporary repairs, they shall comply with all
the provisions of the electrical code;
C. 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;
D. 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;
E. Radio and television receiving equipment, amateur radio transmitting and receiving
equipment, and community antenna television systems.
7.36.060 Additions, alterations and repairs.
A. 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 new installation as a result of the
addition shall be made to conform to the applicable provisions of this code.
B. Alterations, repairs to, or replacement of equipment in any existing electrical
installation shall conform to the applicable provisions of this code except that the
Building Official may allow deviations from the provisions of this code, provided the
deviations are necessary due to the circumstances of the existing conditions; the existing
condition was permitted by a previous Code; and such deviation does not create or
continue a hazard to life, health, and property.
Page 2 of 3
EXHIBIT E
g~~~~
7.36.070 Fire alarms.
All fire alarm systems shall conform to the requirements of Title 24, California
Administrative Code, Article 3-760.
7.36.080 Section 210.53, Office receptacle outlets-Added.
Section 210.53 is added to read:
Section 210.53 Of~ce Receptacle Outlets. In office buildings or
offices exceeding ten (10) percent of the floor area of the major use receptacle
outlets shall be installed in all permanent walls or partitions so that no point along
the floor line any wall space is more than six (6) feet (1.83m) measured
horizontally, from an outlet in that space including any wall space two (2) feet
(610 mm) or more in width and the wall space occupied by sliding panels in
exterior walls.
As used in the section a"wall space" shall be considered a wall
unbroken along the floor line by doorways, fireplaces and similar openings. Each
wall space two (2) or more feet (610 mm) wide shall be treated individually and
separately from other wall spaces within the room. A wall space shall be
permitted to include two or more walls of a room (around corners) where
unbroken at the floor line.
Receptacle outlets shall, insofar as practicable be spaced equal distances
apart. Receptacle outlets in floors shall not be counted as part of the required
number of receptacle outlets unless located near the wall.
The receptacle outlets required by the section shall be in addition to any
receptacle that is part of any lighting fixture or appliance, located within cabinets
or cupboards, or located over five and one-half (5 '/2) feet (1.68 m) above the
floor.
Page 3 of 3
EXHIBIT E
~~~ ~ C~
~
Chapter 7.40
PLUMBING CODE
Sections:
7.40.010 Title.
7.40.020 Purpose.
7.40.030 Adoption of Plumbing Codes.
7.40.040 Scope.
7.40.050 Exceptions.
7.40.060 Additions, alterations and repairs.
7.40.070 Chapter 1, Division II, Administration-Deleted.
7.40.080 Section 609.3, Chapter 6, Water piping in slab floors-Amended.
7.40.010 Title.
The plumbing codes adopted by reference in Section 7.40.030 and the provisions of this Chapter
shall constitute the Dublin Plumbing Code and may be referred to as such.
7.40.020 Purpose
A. The promotion and preservation of the pubic health, safety and general welfare of the
people of the City and the property situated therein have made necessary the adoption of the
plumbing codes referred to in Section 7.40.030 in order to adequately safeguard life, health,
property, and general welfare.
B. The purpose of this code is not to create ar otherwise establish or designate any particular
class or groups of persons who will or should be especially protected or benefited by the terms of
this code.
7.40.030 Adoption of Plumbing Codes.
A. The 2010 California Plumbing Code, Part 5, Title 24 of the California Code of Regulations,
a portion of the California Building Standards Code, as defined in the California State Health and
Safety Code Section 18901 et. seq. (hereinafter referred to as the "State Code"), and any rules
and regulations promulgated pursuant thereto including the Uniform Plumbing Code, 2009
Edition, including Appendix Chapters A, B, D, E, G, I, and K, as published by the International
Association of Plumbing and Mechanical Officials, and as referenced in and adopted pursuant to
California State Health and Safety Code Sections 17922 and 18935, (hereinafter referred to as
the "UPC") are hereby adopted and incorporated by reference herein.
Copies of the adopted codes have been and are now filed in the Office of the City Clerk, 100
Civic Plaza, Dublin, California, for use and examination by the public. Said codes are adopted
by reference pursuant to Section 50022.4, et seq., of the Government Code of the State of
California, and the codes are hereby adopted and incorporated as fully as if set out at length
herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall
be controlling within the limits of the City of Dublin. ~
B. Notwithstanding the provisions of Section 7.40.030.A, the State Code and the UPC are
amended as set forth in Sections 7.40.070 through 7.40.080 of this Chapter.
Page 1 of 3
EXHIBIT F
-~-o ~.°~aCY~m~~~~- <~
~~~ ~~
7.40.040 Scope.
A. The provisions of this code shall apply to the installation, erection, construction,
enlargement, addition to, alteration, repair, moving, removal, demolition, conversion, use, and
maintenance of any plumbing installation, gas or drainage piping installation or any fixture or
water heating or treating equipment in any building, structure, or premises within the City.
B. 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 (2) or more pertinent limitations
shall prevail which provide greater safety to life, health, property, or public welfare.
C. Plumbing fixtures and equipment shall be made accessible to the physically handicapped.
Whenever there is a conflict between the provisions of this code and Title 24, California Code of
Regulations, the provisions of Title 24 shall prevail.
7.40.050 Exceptions.
The provisions of the plumbing code shall not apply to:
A. Work located in a public street:
B. Plumbing systems within trailer coaches, campers, motor vehicles, railroad cars and aircraft:
however, if any of the foregoing are permanently placed on the ground or have their wheels
removed for other than temporary repairs, they shall comply with all the provisions of the
plumbing code:
C. Plumbing systems within houseboats or other watercraft; however, if any of the forgoing are
stored out of water and used for any purpose whatsoever, they shall comply with all the
provisions of the plumbing code:
D. Building sewers as defined in Chapter 2 of the California Plumbing Code located within the
boundaries of a sanitary district and such district has regulations for building sewers and such
regulations are in force;
E. Sewage treatment and collection facilities of a sanitary district;
F. Water treatment, storage, transmission and distribution facilities of a water district or water
company regulated by the Public Utilities Commission:
G. Gas storage, transmission and distribution facilities owned by a public utility:
H. Wells and water supply systems for irrigation and watering livestock provided such water is
not used for human consumption.
7.40.060 Additions, alterations and repairs.
A. 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 capacity exceeded as
determined by the standards in this code for new installation as a result of the addition shall be
made to conform to the applicable provision of this code.
B. Alterations, repairs to, or replacement of equipment in any existing plumbing installation
shall conform to the applicable provisions of this code except that the Building Official may
allow deviations from the provisions of this code, provided the deviations are necessary due to
the circumstance of the permitted by a previous code; and such deviation does nor create or
continue a hazard to life, health and property.
Page 2 of 3
EXHIBIT F
~~~~~ ~
7.40.070 Chapter 1 Administration-Deleted.
Chapter 1 is deleted.
7.40.080 Section 609.3, Chapter 6, Water piping in slab floors-Amended.
Section 609.3, first paragraph, is amended by replacing it to read:
Section 609.3 Water piping shall not be installed in or under a concrete floor slab within
a building without prior approval of the Building Official. When approved; such piping
shall be installed in accordance with the following requirements:
Page 3 of 3
EXHIBIT F
~~~~ ~g
Chapter 7.44
MECHANICAL CODE
Sections:
7.44.010
7.44.020
7.44.030
7.44.040
7.44.050
7.44.060
7.44.070
Title.
Purpose.
Adoption of Mechanical Codes.
Scope.
Exceptions.
Additions, alterations and repairs.
Chapter l, Division II, Administration-Deleted.
7.44.010 Title
The mechanical codes adopted by reference in Section 7.44.030 and the provisions of
this Chapter shall constitute the Dublin Mechanical Code and may be referred to as such.
7.44.020 Purpose.
A. The promotion and preservation of the public health, safety and general welfare of
the people of the City and the property situated therein have made necessary the adoption
of the mechanical codes referred to in Section 7.44.030 in order to adequately safeguard
life, health, property, and general welfare.
B. The purpose of this code is not to create or otherwise establish ar designate any
particular class or group of persons who will or should be especially protected or
benefited by the terms of this code.
7.44.030 Adoption of Mechanical Codes.
A. The 2010 California Mechanical Code, Part 4, Title 24 of the California Code of
Regulations, a portion of the California Building Standards Code, as defined in the
California State Health and Safety Code Section 18901 et. seq. (hereinafter referred to as
the "State Code"), and any rules and regulations promulgated pursuant thereto including
the Uniform Mechanical Code, 2009 Edition, including Appendix chapters A, B, C and
D, as published by the International Association of Plumbing and Mechanical Officials,
and as referenced in and adopted pursuant to California State Health and Safety Code
Sections 17922 and 18935, (hereinafter referred to as the "LTMC") are hereby adopted and
incorporated by reference herein.
Copies of the adopted codes have been and are no~v filed in the Office of the City Clerk,
100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes
are adopted by reference pursuant to Section 50022.4, et seq., of the Government Code of
the State of California, and the codes are hereby adopted and incorporated as fully as if
set out at length herein, and from the date on which this Ordinance shall take effect, the
provisions thereof shall be controlling within the limits of the City of Dublin.
B. Notwithstanding the provisions of Section 7.44.030.A, the State Code and the UMC
are amended as set forth in Section 7.44.070.
Page 1 of 2
EXHIBIT G
-~-b Ct~~;,~'-~< ~' t. ~
~~~y ~~
~
7.44.040 Scope.
A 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.
B. 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 (2) or more
pertinent limitations shall prevail which provide greater safety to life, health, property or
public welfare.
C. Mechanical appliances and equipment shall be made accessible to the physically
handicapped as required by Title 24 California Code of Regulations. Whenever there is a
conflict between the provisions of this code and Title 24, California Code of Regulations,
the provisions of Title 24 shall prevail.
7.44.050 Exceptions
The provisions of the mechanical code shall not apply to:
A. Work located in a public street;
B. Heating, ventilation, comfort cooling, refrigeration systems, incinerators or other
heating or cooling appliances within trailer coaches, campers, mobile homes, motor
vehicles and airplanes: however, if any of the foregoing are permanently placed on the
ground or have their wheels removed for other than temporary repairs, they shall comply
with all the provisions of this code;
C. Heating, ventilating, comport cooling, 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 whatsoever, they shall
comply with all the provisions of this code.
7.44.060 Additions, alterations and repairs.
A. 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 which would become overloaded or have its capacity
exceeded as determined by the standards in this code for new installations as a result of
the addition shall be made to conform to the applicable provisions of this code.
B. Alterations, repairs to, or replacement of equipment in any existing mechanical
installation shall conform to the applicable provisions of this code except that the
Building Official may allow deviations from the provisions of this code, provided the
deviations are necessary due to the circumstance of the existing condition; the existing
condition was permitted by a previous code; and such deviation does not create or
continue a hazard to life, health and property.
7.44.070 Chapter 1, Division II, Administration-Deleted.
Chapter 1, Division II, is deleted.
Page 2 of 2
EXHIBIT G
S'I~~ ~g
~
Chapter 7.52
ABATEMENT OF NUISANCES
Article I. General Provisions
7.52.010 Purpose.
7.52.020 De~nitions.
7.52.030 Enforcement official designated.
7.52.040 Hearing officer designated.
7.52.050 Right of entry.
Article II. Abatement Procedures
7.52.060 Determination of enforcement official.
7.52.070 Informal notice.
7.52.080 Notice and order of enforcement official.
7.52.090 Service of notice.
7.52.100 Declaration of substandard property.
7.52.ll0 Hearing.
7.52.120 Standards for abatement.
7.52.130 Abatement order.
7.52.140 Abatement by City.
7.52.150 Interference with abatement work prohibited.
7.52.160 Abatement fund.
7.52.170 Summary abatement.
7.52180 Violations.
Article III. Costs of Abatement
7.52.190 Report of costs of abatement.
7.52.200 Report transmitted to City Council.
7.52.210 Protest and objection-Procedure.
7.52.220 Collection of abatement costs.
Article I. General Provisions
7.52.010 Purpose.
It is the purpose of the provisions of this Chapter to provide an equitable and practicable
alternative method for the abatement of substandard property which endangers the health,
property, safety, or welfare of the public or its occupants. The procedures for abatement set forth
herein shall be cumulative with and in addition to, civil, criminal or other legal or equitable
remedies established by law which the City may pursue to address violations of this Code or
applicable state law and use of this Chapter shall be at the sole discretion of the City.
7.52.020 Definitions.
For the purposes of this Chapter, the words set out in this section shall have the following
meanings:
"Abate" or "Abatement" means and includes, but is not limited to, demolition, removal, repair,
vacation, maintenance, construction, replacement, or reconditioning of structures, buildings,
Page 1 of 7
EXHIBIT H
l 6 ~
'1~7 C.~ ~~C~~~'~ }"~~,~`' ~';..~"
~~ ~ ~
~
appliances or equipment or the correction or elimination of any substandard condition upon
substandard property.
"Clerk," unless otherwise specified, means the City Clerk of the City of Dublin.
"Demolish" or "demolition" means and includes 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 Chapter or
other laws.
"Party concerned" means the person, if any, in real or apparent charge and control of the
substandard property, the record owner, the holder of any mortgage, trust deed or other lien or
encumbrance of record, the owner or holder of any lease of record, the recard holder of any other
estate or interest in or to such property. As used in this subsection 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.
"Substandard conditions" mean and include, but are not limited to, the following:
A. A dangerous building or structure as defined in Section 7.28.020.
B. A dangerous electrical, plumbing or mechanical installation as defined in Section 7.28.030.
C. An illegal building or structure as defined in Section 7.28.060.
D. A substandard building as defined in Section 7.28.090.
E. Any other condition of a building or structure that endangers the life, limb, health,
property, safety, or welfare of any person.
"Substandard property" means and includes any building, structure or land upon which
substandard conditions exist.
7.52.030 Enforcement Official designated.
The Enforcement Official or his designee shall be the person authorized to administer the
provision of this Chapter shall be as follows:
A. The Building Official for matters regulated in Chapters 7.28, 7.32, 7.34, 7.36, 7.40, 7.44,
7.48 and 7.94 except as set forth in subsection B of this section;
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 Director of Public Works for matters regulated in Chapter 7.16 and 7.20.
7.52.040 Hearing officer designated.
The Hearing Officer authorized to conduct hearings under this Chapter or his designee shall be
as follows:
A. The Director of the Environmental Health Division in proceedings initiated by the
Alameda County Health Officer.
B. The City Council in proceedings initiated by the Building Official or Director of Public
Works.
7.52.050 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 Code exists in any building or any premises, or there exists in any building or
upon any premises any condition which makes the building or premises dangerous, substandard,
unsanitary, or a menace to life, health or property, the Enforcement Official or Hearing Officer
may enter such building or premises at all reasonable times to inspect the same or to perform any
Page 2 of 7
EXHIBIT H
~~~~~
duty imposed upon him or her by law, ordinance, rule, or regulation; provided that, (i) if the
building or premises is occupied, he or she shall first present proper credentials and demand
entry; and (ii) if the premises is unoccupied, he or she shall first make a reasonable effort to
locate the owner or other persons having charge or control of the premises to demand entry. If
entry is denied, or if the owner or individual in charge of the premises cannot be located, the
Enforcement Official or Hearing Officer shall have recourse to every remedy provided by law to
secure entry, including but not limited to the provisions of Code of Civil Procedure Sections
1822.50 et seq.
Article II. Abatement Procedures
7.52.060 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 pursuant to the procedures set forth herein.
7.52.070 Informal notice.
In addition to any notices hereafter required by this Chapter, the Enforcement Official may
give to the occupants of the substandard property, and to any other person whom he deems
should be so notified, information concerning the provisions of this Chapter, any violation
thereof, how the person notified may comply and any other information as the Enforcement
Official deems expedient. The Enforcement Official may post such information on the
substandard property.
7.52.080 Notice and order of enforcement of~cial.
A. If, in the opinion of the Enforcement Official, the property is found to be substandard, the
Enforcement Official may give to the party concerned written notice thereof.
B. The notice shall include the street address and a legal description ar the County Assessor's
designation of the premises and the conditions found to render the property substandard; and
shall direct the owner to abate the substandard conditions within thirty (30) days, or such other
reasonable time limit as the Enforcement Official may prescribe. The notice may include
suggested methods of abatement.
C. The notice shall direct the party concerned 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;
D. The notice shall advise the party concerned that failure to appear at the hearing shall
constitute a waiver of the right to an administrative hearing, and may be deemed an admission of
the acts or omissions charged in the notice, in which case the Hearing Officer may order
abatement solely based upon the notice and the admission of the content thereof.
E. The notice shall be served upon the party concerned and posted in accordance with Section
7.52.090.
7.52.090 Service of notice.
A. A copy of the notice shall be posted in a conspicuous place upon the building or structure
or otherwise on the substandard property which is the subject of the proceeding.
B. Service of the notice upon the party concerned shall be by personal service, by registered
or certified mail. Service by mail shall be effective on the date of mailing, postage prepaid and
return receipt requested, to each person at his or her address as it appears on the last equalized
Page 3 of 7
EXHIBIT H
~~ ~ ~~
~
assessment roll, 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 party concerned to receive mailed
notice shall not affect in any manner the validity of any proceedings taken hereunder. An
affidavit of service shall be filed, together with a copy of the notice, with the Clerk certifying the
time and manner in which such notice was served along with any receipt return card returned in
acknowledgement of the receipt of the notice by registered mail.
C. A notice of hearing shall be posted and served at least five (5) days prior to the date set for
hearing.
7.52.100 Declaration of substandard property.
The Enforcement Official may file with the County Recorder a declaration that substandard
property has been inspected and found to be such, as defined in this Chapter, and that all parties
concerned have been or will be notified. After the Enforcement Official finds that the public
nuisance has been abated and that such abatement has been accomplished at no cost to the City,
or that such costs have been placed upon the tax rolls as a special assessment pursuant to Section
25845 of the Government Code, or when the Enforcement Official's jurisdiction has been pre-
empted by government acquisition of the property, the Enfarcement Official shall record in the
office of the County Recorder a document terminating the above declaration.
7.52.110 Hearing.
The Hearing Officer shall conduct the abatement hearing subject to the following:
A. The Enforcement Official shall present competent evidence regarding the condition of the
subject property; the method reasonably necessary to abate the nuisance; and such other matters
deemed pertinent by the Hearing Officer.
B. The parties to the abatement hearing shall be entitled to be represented by counsel.
C. The hearing shall be conducted in an impartial and informal manner in order to encourage
free and open discussion by participants.
D. All testimony shall be submitted under oath or affirmation and shall be subject to cross-
examination.
E. The Hearing Officer shall not be bound by the rules of evidence applicable in judicial
proceedings.
F. The proceedings at the hearing shall be reported by a phonographic reporter or otherwise
perpetuated by electronic means. Alternatively, stenographic notes may be taken and the
substance thereof subsequently transcribed.
G. The decision of the Health Officer acting as the Hearing Officer may be appealed by the
aggrieved party by filing a written notice of appeal with the Hearing Officer within five (5) days
after service of the abatement order within the manner prescribed in Section 7.52.090. The
appeal shall be heard by the City Council which may affirm, amend or reverse the decision or
take other action deemed appropriate.
H. The decision of the City Council acting as Hearing Officer is final.
I. Any judicial action to modify or set aside the final decisions shall be commenced no later
than thirty days after the completion and exhaustion of the foregoing administrative procedures.
7.52.120 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:
A. The building ar structure may be demolished at the option of the owner;
Page 4 of 7
EXHIBIT H
9b~ ~g
b
B. If the substandard condition can be reasonably repaired so that it will no longer exist in
violation of this Chapter, it shall be ordered repaired;
G If the substandard condition renders the building or structure dangerous to the health,
safety or general welfare of its occupants, it shall be ordered vacated;
D. In any case where a dangerous building or structure is more than fifty percent (50%)
damaged, ar 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 Chapter, the building or structure may be demolished or removed.
7.52.130 Abatement order .
A. Within thirty (30) days after the conclusion of the hearing, the Hearing Officer shall render
a decision as to whether a nuisance exists. If the Hearing Officer finds that the subject building
or structure is a public nuisance, the Hearing Officer may declare such building or structure to be
a nuisance and order that it be abated.
B. The abatement order shall set forth the street address of the substandard property and a
legal description of the premises sufficient for identification. It shall state the conditions which
render the building, structure or premises a public nuisance, and the required method of
abatement.
C. The order shall specify the time within which the work shall be commenced and
completed.
D. The time to commence or complete the work may be extended for good cause upon written
application.
E. A copy of the abatement order shall be posted in a conspicuous place upon the building or
structure or otherwise upon the substandard property; and shall be served upon the party
concerned in accordance with Section 7.52.090.
7.52.140 Abatement by City.
A. If the nuisance is not abated within the time period set forth in the abatement order, the
Enforcement Official may cause the nuisance to be abated by City employees or private contract
in accordance with appropriate procedures applicable to the City. Absent consent to enter the
subject property for the purpose of nuisance abatement, the City Manager shall direct the City
Attorney to obtain the necessary judicial authority for entry and abatement purposes. All costs
incurred by the City in abating the nuisance shall be chargeable to the property and shall be
collected as hereinafter provided.
B. Any person having the legal right to do so may abate the nuisance at any time prior to the
time when the Enforcement Official does so, but if such person does such work after the time
specified in the abatement order, all costs incurred by the City in preparation for abating the
nuisance shall be chargeable to the property and shall be collected as hereinafter provided.
C. When in the opinion of the Enfarcement Official, the substandard property or a 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
7.52.170 and without amendment to the order of abatement.
D. The Enforcement Official may cause the materials of any building or structure ordered to
be demolished to be sold either before or after demolition of such building or structure. Any
surplus from the sale of any such materials, over and above the cost of demolition and cleaning
the site shall be distributed to persons lawfully entitled thereto.
Page 5 of 7
EXHIBIT H
~rb ~b
~
7.52.150 Interference with abatement work prohibited.
No person shall obstruct, impede, or interfere 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 which has been ordered by the Hearing Officer to be abated or which is
abated under Section 7.52.170, whenever the Enforcement Official or such owner is engaged in
barricading, repairing, vacating, 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.
7.52.160 Abatement fund.
A. The City Council may set up a special revolving fund to be designated as the abatement
fund.
B. The .City Council may at any time transfer to such special fund, out of any money in the
general fund of the City, such sums as it may deem necessary in order to expedite the
performance of the abatement work, and the sum so transferred shall be deemed a loan to said
special fund and shall be repaid out of the proceeds of the assessment. All funds so collected
under the assessment proceedings shall be paid when collected to the City Clerk who shall place
the same in the abatement fund.
7.52.170 Summary abatement.
Whenever substandard property or a 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 immediately, the
Enforcement Official may make such alterations or repairs, or cause such other wark to be done
to the extent necessary to abate the substandard condition and protect health or property, after
giving such notice to the parties concerned as the circumstances will permit or without any
notice whatever.
7.52.180 Violations.
Any person who violates a provision of this Chapter or fails to comply with any of the
requirements thereof or an order issued by the Building Official or Hearing Officer shall be
prosecuted in accordance with the provisions set forth in Section 1.04.030 of this Code.
Article III. Costs of Abatement
7.52.180 Report of costs of abatement.
The Enforcement Official shall keep an itemized account of the gross and net expense
involved in the abatement of any building or structure under Section 7.52.140. Upon completion
of the abatement, the Enforcement Official shall prepare and file with the clerk, a report
specifying the work done, the cost of the work, a description of the real property upon which the
building or structure was or is located, the names and addresses of the persons entitled to notice
in the manner prescribed by Section 7.52.090, and the assessment proposed to be levied against
each lot or parcel to pay the cost of abatement thereof.
7.52.190 Report transmitted to City Council.
Upon receipt of the report, the Clerk shall, within ten (10) days, put the report on the agenda
for consideration by the City Council. The City Council shall cause notice of the hearing to be
given to those persons entitled in the manner prescribed by Section 7.52.090. Such notice shall
Page 6 of 7
EXHIBIT H
~~
~ ~~
'.~
specify the day, hour and place where the City Council will consider the report of the
Enforcement Official and 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 person. Notice of the
hearing shall be published at least ten (10) days prior to the date of the hearing in a newspaper of
general circulation in the county and area where the building or structure in question is located.
7.52.200 Protest and objection-Procedure.
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 to the report with the Clerk at any
time prior to the date set for the hearing. Each such protest or objection must contain the address
of the protestor or objector and a description of the property in which the signor thereof is
interested and the grounds of such protest and objections. The Clerk shall endorse upon every
such protest or objection the date it was received and shall present all protests or objections to
the City Council at the time set for hearing.
7.52.210 Collection of abatement costs.
The procedures governing the recovery of the City's costs of abating nuisances pursuant to this
Chapter shall be those provided in Section 1.04.061.
Page 7 of 7
EXHIBIT H
93~ ~~
~
Chapter 7.94
GREEN BUILDING
Sections:
7.94.010 Title.
7.94.020 Purpose.
7.94.030 Adoption of the Green Building Code.
7.94.040 Scope.
7.94.050 Chapter 2, De~nitions-Amended.
7.94.060 Section 4.202.1, Division 4.2, Chapter 4, Future access for solar
systems-Added.
7.94.070 Section 5.202.1, Division 5.2, Chapter 5, Future access for solar
systems-Added.
7.94.080 Standards for Compliance.
7.94.090 Submission of Green Building Documentation.
7.94.100 Review of Documentation.
7.94.110 Construction and Verification.
7.94.120 Infeasibility Exemption.
7.94.010 Title.
The green building standards codes adopted by Section 7.94.030 and the provisions of
this Chapter shall constitute the Dublin Green Building Code and may be referred to as
such.
7.94.020 Purpose.
A. To improve public health, safety and general welfare by enhancing the design and
construction of buildings through the use of building concepts having a reduced negative
impact or positive environmental impact and encouraging sustainable construction
practices in the following categories:
1. Planning and design
2. Energy efficiency
3. Water efficiency and conservation
4. Material conservation and resource efficiency
5. Environmental quality
B. The purpose of this Code is not to create or otherwise establish or designate any
particular class or groups of persons who will or should be especially protected or
benefited by the terms of this Code.
7.94.030 Adoption of the Green Building Code.
A. The 2010 California Green Building Standards Code, Part 11, Title 24 of the
California Code of Regulations, a portion of the California Building Standards Code, as
defined in the California State Health and Safety Code Section 18901 et. seq. (hereinafter
Page 1 of 6
EXHIBIT I
~ ~.
~.~r'~ ,~t ~rr~ ~ ~<; y"~ ~~ ±" t~. , ~-~
~~~C~ .~ ,
~i ~ ~
referred to as the "State Code"), and any rules and regulations promulgated pursuant
thereto, as referenced in and adopted pursuant to California State Health and Safety Code
Sections 17922 and 18935, are hereby adopted and incorporated by reference herein.
Copies of the adopted codes have been and at-e no~v filed in the Office of the City Clerk,
100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes
are adopted by reference pursuant to Section 50022.4, et seq., of the Government Code of
the State of California, and the codes are hereby adopted and incorporated as fully as if
set out at length herein, and from the date on which this Ordinance shall take effect, the
provisions thereof shall be controlling within the limits of the City of Dublin.
B. Notwithstanding the provisions of Section 7.94 .030.A, the State Code is amended as
set forth in Sections 7.94.050 through 7.94.070.
7.94.040 Scope.
A. Except as otherwise provided herein, the provisions of this Code shall apply to the
planning, design, operation, construction, use and occupancy of every newly constructed
building or structure, unless otherwise indicated in this Code, within the City.
B. It is not the intent that this Code substitute or be identified as meeting the
certification requirements of any green building program.
C. Sections 7.94.080 through 7.94 120, shall apply only to new residential development
projects in excess of twenty (20) residential units.
7.94.050 Chapter 2, Definitions-Amended.
Chapter 2 is amended by adding the following definitions:
"Build It GreenTM" means the non-profit organization that publishes the New
Home Construction Green Building Guidelines, as amended from time to time, the
new Home GreenPoints Checklist, the Multi-Family GreenPoints Checklist, and any
successor entity that assume responsibility for the programs and operations of Build it
GreenTM
"Covered Project" means a project that must, pursuant to Section 7.94.040.C,
comply with the provisions of Sections 7.94.080 through 7.94.120 of this Chapter.
"Green Building Documentation" means the documentation submitted to the
Building Official as part of the Site Development Review process. The Green
Building Documentation includes, but is not limited to, a copy of the applicable
Green Building Program Checklist and any other documentation determined
necessary by the Building Official.
"Green Building Program" means either the GreenPoint rating system or the
LEEDt"' for Homes Green Building Rating System, whichever system is selected by
the Applicant.
"Green Building Program Checklist" means either the GreenPoint Checklist or the
LEEDtr" for Homes Project Checklist, whichever is selected by the Applicant.
Page 2 of 6
EXHIBIT I
~~ : q~
~
"Green Building Program Rating" refers to the number of points achieved under
either the GreenPoint Checklist or the LEEDtr" for Homes Project Checklist.
"GreenPoint Checklist" means the version of the applicable GreenPoint Rated
checklist approved by Build It Green and designed for the purpose of calculating a
green building rating, in effect at the time of project application for a design review or
a City building permit.
"GreenPoints" means credits assigned under the applicable GreenPoint Rated
Checklist for a covered project.
"LEEDtm for Homes Green Building Rating System" means the most recent
version of the Leadership in Energy and Environmental Design Home Green Building
Rating System, or other related LEEDt"' rating system, approved by the U.S. Green
Building Council. As new rating systems are developed by the U.S. Green Building
Council, the Building Official shall have the authority to specify the applicable
LEEDt"' residential green building rating system for a covered proj ect.
"LEEDt"' for Homes Project Checklist" means the version of the applicable
LEED`m for Homes Project Checklist approved by the U.S. Green Building Council
and designed for the purpose of calculating a green building rating, in effect at the
time of project application for a design.review or a City building permit.
"Residential Development" includes, without limitation, detached single-family
dwellings, multiple-family dwelling structures, groups of dwellings, condominium or
townhouse developments, cooperative developments, and mixed-use developments
that include housing units.
7.94.060 Section 4.202.1, Division 4.2, Chapter 4, Future access for solar
systems-Added.
A new Section 4.202.1 is added to read:
4.202.1 A minimum one-inch (25.4 mm) electrical conduit shall be provided from
the electrical service equipment to an accessible location in the attic or other location
approved by the Building Official.
7.94.070 Section 5.202.1, Division 5.2, Chapter 5, Future access for solar
systems-Added.
A new Section 5.202.1 is added to read:
5.202.1 Install conduit from the building roof or eave to a location within the
building identified as suitable for future installation of a charge controller (regulator)
and inverter.
7.94.080 Standards for Compliance.
A. Covered projects shall achieve a minimum Green Building Program Rating of fifty
(50) points under the Green Building Program Checklist far single-family housing. All
multi-family residential projects shall achieve a"green home" or similarly entitled
minimum compliance rating system, which currently requires fifty (50) GreenPoints, or a
minimum Green Building Program Rating of fifty (50) points under the Green Building
Page 3 of 6
EXHIBIT I
~(~</D ~1
~~
Program Checklist for multi-family housing, unless the Building Official determines that
the single-family green building rating system is more appropriate for the building, such
as for a duplex building that is part of a larger project. Approval of a building permit for
new construction shall not be granted unless the Applicant submits a checklist
demonstrating the covered project receives the minimum Green Building Program Rating
required on the appropriate Green Building Program Checklist.
All mixed-use projects shall meet the requirements for a multi-family residential project,
unless the Building Official determines the Green Building Code or another rating system
is more appropriate.
B. In the event that an Applicant wishes to use an alternative green building standards
program other than the GreenPoint rating system or the LEEDtT" for Homes Green
Building Rating System, the Applicant may apply to the Building Official for approval of
the alternative program. The Applicant must submit Green Building Documentation
showing that the Applicant's utilization of the alternative program will result in green
building benefits that are better than the benefits that would be achieved by obtaining a
Green Building Program Rating of fifty (50) points under either the GreenPoint rating
system or the LEEDt"' for Homes Green Building Rating System.
Any proposed alternative green building program must be created by a third-party entity
not under the control of the Applicant, and must be sufficiently similar in structure to the
GreenPoint rating system and the LEED`"' for Homes Green Building Rating System to
allow the Building Official to administer the requirements of this Chapter to the
alternative green building standards program without significant deviation. At a
minimum, the alternative green building standards program must utilize a checklist
structure similar to the Green Building Program Checklists.
No Applicant may utilize an alternative green building standards program unless the
Building Official gives the Applicant written approval of the Applicant's proposed
utilization of the program.
7.94.090 Submission of Green Building Documentation.
A. In conjunction with Site Development Review of any project subject to this Chapter,
the Applicant shall submit to the Building Official the required Green Building
Documentation indicating compliance with this Chapter. The documentation shall
indicate the measures to be used to achieve the required Green Building Program Rating
and shall include a completed Green Building Program Checklist and any other
documentation required by the Building Official to determine compliance with this
Chapter.
B. Applications for residential building permits shall include the approved Green
Building Program Checklist with the first building permit plan set submitted. Building
plans shall indicate in the general notes or individual detail drawings, where appropriate,
Page 4 of 6
EXHIBIT I
~f~~~, qi
t~° I ~-
the green building measures to be used to attain the required minimum Green Building
Program Rating.
7.94.100 Review of Documentation.
A. The Building Official shall review the documentation to determine if the project
achieves the required Green Building Program Rating and shall approve or reject the
project. If necessary, the Building Official shall schedule a meeting with the Applicant to
review and discuss the proposed green building measures incorporated into the project.
B. Approved. The Building Official shall approve the Green Building Documentation
only if it is determined that the project can achieve the applicable compliance standards
set forth in this Chapter. If the Building Official determines these conditions have been
met, the Green Building Documentation, including the Green Building Program
Checklist, shall be marked "approved" and returned to the Applicant. A copy of the
approved Green Building Documentation shall also be forwarded to the City's Planning
Division. A building permit shall not be issued until the Green Building Documentation
is approved under this section or an exemption has been granted.
C. Not Approved. If the Building Official determines that the Green Building
Documentation fails to indicate the project will achieve the required Green Building
Program Rating, the Building Official shall deny the documentation and return the
documentation to the Applicant, including a statement of reasons for denial and measures
required to conform to the ordinance.
D. Re-submittal. If the documentation is returned to the Applicant as not approved, the
Applicant may resubmit the documentation with such modifications and additions as may
be required for approval.
7.94.ll0 Construction and Verification.
A. After approval of the Green Building Documentation, any changes to the construction
or design that may have an effect on the Green Building Program Rating the project will
obtain must be submitted to the Building Official. Prior to the issuance of occupancy
permits, the Applicant must submit a final Green Building Program Checklist to the
Building Official, verifying installation of the required measures and certifying the
building meets the required Green Building Program Rating. If ineasures have been
added ar omitted the final checklist must reflect the changes.
B. If an Applicant using the GreenPoint rating system voluntarily submits
documentation to Build It Green for a GreenPoint Rated Certificate, proof of receipt of
the GreenPoint Rated Certificate will be accepted in lieu of a revised Green Building
Program Checklist.
If an Applicant using the LEEDt"' for Homes Green Building Rating System voluntarily
registers his or her project with the U.S. Green Building Council for LEEDt"' certification
at the same or higher Green Building Program Rating than required by this Chapter,
Page 5 of 6
EXHIBIT I
~~ ' l ~
~}
proof of said registration and certification will be accepted in lieu of a revised Green
Building Program Checklist.
If an Applicant voluntarily obtains and submits certification under either the GreenPoint
program or the LEED~"' for Homes program, then the Building Official may reduce the
scope of the verification process as appropriate.
C. The Building Official shall not be responsible for verifying the Green Building
Program measures implemented during construction, nor shall the Building Official's
acceptance of a revised Green Building Program Checklist indicate a building has met the
Green Building Program Rating required by the City.
7.94.120 Infeasibility Exemption.
A. Application. If an Applicant for a covered project experiences unique circumstances
that the Applicant believes make it infeasible to comply with provisions 7.94.080 through
7.94.110 of this Chapter, the Applicant may apply for an exemption at the time that he or
she submits the Green Building Documentation required under Section 7.94.090 of this
Chapter. In applying for an exemption, the burden is on the Applicant to show
infeasibility. Such circumstances may include, but are not limited to, availability of
markets for materials to be recycled, availability of green building materials, technology,
and compatibility of green building requirements with other building standards. The
Applicant shall include with the Green Building Documentation the Green Building
Program Rating he or she believes is feasible and the specific circumstances that he or
she believes make it infeasible to comply with this Chapter. The Building Official shall
review the information provided by the Applicant and may meet with the Applicant to
discuss possible ways of complying with the required Green Building Program Rating.
B. Granting of Exemption. If the Building Official determines it is infeasible for the
Applicant to meet the Green Building Program Rating due to unique circumstances
described in the exemption application, he or she shall determine the maximum feasible
Green Building Program Rating reasonably achievable for the project and shall enter the
number of credits on the Green Building Documentation, which shall be marked
"Approved with Exemption."
C. Denial of Exemption. If the Building Official determines that it is possible for the
Applicant to meet the requirements of this Chapter, he or she shall so inform the
Applicant in writing. The Applicant shall have thirty (30) days to resubmit the required
Green Building Program Checklist and materials to be in compliance with this Chapter.
If the Applicant fails to resubmit the Green Building Documentation, the Building
Official shall deny the project in accordance with Section 7.94.100.C of this Chapter.
1525655.1
Page 6 of 6
EXHIBIT I