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Home My WebLink AboutOrd 25-10 Amend Build Standard CodesORDINANCE NO. 25 - 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 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 (RES~IDENTIAL 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Code), 7.52 (Abatement of Nuisances), and 7.94 (Green Building Code) of the Dublin Municipat Code are hereby repealed.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 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 PASSED, APPROVED AND ADOPTED BY this 16 day of November, 2010, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None /~ 4J ~ ~~~ . Mayor ATTESTC~ ~, ~~ City Clerk Ord No. 25-10, Adopted 11-16-10, Item 4.3 Page 3 of 3 13~~~ 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. 5.08.110 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, 903.2.1.4-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. 5.08.140 Section 903.6-Amended; Sections 903.6.2 and 903.6.3-Added. 5.08.150 Section 907.1-Amended; Sections 907.10, 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 ~ Ca.~LtC..~'ll~~'~ "~. ~~~~~ 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, 104.2.2, 104.2.3, and 104.2.~ 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 11 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 ~~ ~ ~~ 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 ~ 7~~~ 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 conductiiig 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 111.1.1 is added to read as follows: 11 l.l.l Stop Work Order. Whenever any installation of fire protection devices covered b.y 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 riotice 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 '~ee ' First E ual to the ermit fee Second Double the permit fee • Third and subsequent Ten times the ermit 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 l~ ~~ 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 for 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 903.2.1.2, 903.2.1.3, 903.2.1.4-~eleted; 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, 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 Occupa~cies (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 m2). 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 mZ). 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 mZ). . Page 6 of 11 EXHIBIT A ~R~ ~$ 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 mZ) 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, 903.2.9.2.10, 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 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'/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 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. 5.08.150 Section 9Q7.1-Amended; Sections 907.10, 907.10.1, 907.10.2 and 907.10.3-Added. Section 907.1 is amended and Sections 907.10, 907.10.1, 907.10.2 and 907.10.3 are added to read as follows: 907.1 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 5.20 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~ q~ Exception: During a thirty (30) day period following the installation of any new fire alarm system, the Fire Chief shall deternline 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 27032.4.2 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 ~b 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. 2703.2.4.2.1 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 524 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 D 103.1 is amended to show the "Acceptable Alternative to 120' Hammerhead" with 140' total length. 5.08.220 New Materials, Processes or Occupancies which may Require Pe~mits. 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 for 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. rv Page 10 of 11 EXHIBIT A ~~b ~'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 misdemeanor, 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. 1525442.3 Page 11 of 11 EXHIBIT A a~ ~~ ~ Chapter 7.28 BUILDING REGULATION ADMINISTRATION Article I. Definitions 7.28.010 Building Official. 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 -1-a o~,~ac.h me~' o~ ~ ~~ ~ 7.28.350 Permit-Issuanc~-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 Of~cial-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~~Rg 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 or 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, or 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 exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-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 for 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 or characteristics; or (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 publi~c. 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 or safety of the public or 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; andlor 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 or incineration. 7.28.080 Plumbing installation. "Plumbing installation" means the use of water, all potable water supply and distribution p~pes, 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 7.36 (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 enforce 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. 5 of 23 EXHIBIT B a~ ~g ~ 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 ar 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 or property, the Building Official may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this 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 recorded 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 ~ 6~ ~ 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, or 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 ~~ R~ ~ 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 or 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 Code/LTniform 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, or 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 l~ ~ 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 requirerrients 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. C. 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 9 of 23 EXHIBIT B 33~ ~~ interpreting this Chapter, granting variances, or approving altemate 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 or 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 for 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 prior 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 ha.zard 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~f ~'g ~ 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 r~ot 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 proj ect 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 imgation; 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 ~~ ~~ V 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 Ghapter 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 ~ i~ ~ R~~ 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 defened 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 record 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 record 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 work does not involve new buildings or structures and does not change the configuration of existing buildings or structures the Building Official may waive the requirements for a plot plan and grading or drainage plan. Where only minor grading is proposed and existing drainage patterns are not materially affected and the proposed work does not fall 13 of 23 EXHIBIT B 3~ ~ ~ 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 or 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 more 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: l. 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 or 14 of 23 EXHIBIT B ~~~IV ~J 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 authorized by the permit shall be done in accordance 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=Issuance-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 anangements 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 Califomia Building Code/International Building Code; E, The private water supply will conform to Section 601.0 of the California Plumbing Code/LJniform Plumbing Code; F. The private sewage disposal system shall be in conformance with Section 713.0 of the California Plumbing Code/Uniform 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 storage fees, 16of23 EXHIBIT B ~o g ~~ 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 lhe payment ot such penalty tee 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 pernut 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 work as determined by the Building Official (not on the original valuation a~si ~ned to the nermit). Completed Inspections Percent of Permit Fee l. 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 original 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 ~a ~~ ~ 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 more than one reinspection, or where an inspection has been called for and the work to be inspected is not ready for inspection, or where the approved plans and specifications are not on the job 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 work for which a permit is required shall be subject to inspection by the Building Official and certain types of construction shall have continuous inspection by special inspectors, as specified in Section 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 ~I ~ ~ 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 a~pproval 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 or 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 or diaphragms are installed and nailed or otherwise fastened to the structural framework and all hold downs, drag ties, chord splices, and anchor bolts are in place, but before any of the foregoing is covered or concealed; H. Rough. When the roof, walls, floors, framing, bracing and supports are in place and all gas, water, drainage, and vent piping; all electrical cable, conduit, panels, outlets, junction boxes and wiring; all ventilating ducts equipment, vents and flues are in place and ready for any required tests but before any such work is covered or concealed; 20 of 23 EXHIBIT B r ~ ! ~) ~ 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 7.28.58Q of this Chapter, special in.spections 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 work 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 observatiori 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 ~~ 1~ 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 vyith 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, or 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 +~V(~,~ 0 V ~ 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.A.1, 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 bui7ding codes adopted by section 7.32.030 and the provisions of this Chapter shall constitute the Dublin Building Code and may be refened to as such. Page 1 of 21 EXHIBIT C -~' o a~Qf~~ e!1`~ ~ Wg ~~ ~ 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 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. 7.32.030 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 ~ I~ 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 ~~ ~'g 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 5~b ag 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 for, 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 7.32.130 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 new 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. 7.32.150 Section 701.A.1, Chapter 7A, Scope-Amended. Section 701A.1 is amended to read: Page 5 of 21 ~~~~ This Chapter applies to building materials, systems and/or assemblies used in the exterior 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. 7.32.180 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. Sections 903.2.1.2, 903.2.1.3, 903.2.1.4 are deleted, Sections 9032.1.1, 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 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 903.2.1.2, 903.2.1.3, 9032.1.4, 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 floor area exceeds 3,000 square feet (279 m2). 903.2.3 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 mz). 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 mz) 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 mz). 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 mz) (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, 903.2.9.2, 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 more 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~ ~ ~~~ ~ 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%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 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 1505.1, 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: l. 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 or similar non-combustible material. Page 8 of 21 5~5~~ 9~ 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: P_ L1I 8= i (1?.~-l~;) l x ~r~, C~ 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, flc, no greater than 2,500 pound per square inch (psi) (17.2 Mpa). 7.32.230 Section 1908.1.8, Chapter 19, ACI318, Section 22.10-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 56~ q~ (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 proj ection 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 2320.11.3, 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 H1012 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 Unifo.rm 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 more 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 unintemtptible 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 58 ~4~ ~ (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 proj ected 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 emergericy 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 j amb j oined 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 door(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 c~ ~ D ~ 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 minimutn 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 stee1.125 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 doors 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 doors 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 doors shall engage the strike sufficiently to prevent its being disengaged by any possible movement of the door within the Page 13 of 21 f~o q~~ 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 dqors. (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 exterior 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; or (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~(~~ ~~ (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 ~ots 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 adj acent 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 ~3. ~g 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 ~~ (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 frarning 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 f~equency 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 tb 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 ~~~g (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 of the 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 ~ {d~ (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, or 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 or 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 %z) 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 ~5~~~~ 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. 7.34.120 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. 7.34.160 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 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. 7.34.030 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 ~ -~-~ 0.'~ac.~^-rn~~°'~.~' o~ ~ ~ ~ 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 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 7.34.030.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 ~b q~~ ~ 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 exCeed the height, number of stories and area specified for new buildings. Additions or alterations shall not be made to an existing building or structure when such existing building or structure is not in full compliance with the provision of this Code. 7.34.080 Alterations and repairs. A. The provisions of Section 7.34.070 shall not prohibit the alteration or 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 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 7.28.020, 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, 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 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 7.28220, 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 I GROUND SEISMIC Frost WINTER ICE BARRIER AIR MEAN SNOW Speed° Topographic DESIGN line DESIGN UNDERLAYMENT FLOOD FREEZING ANNUA~ LOAD m h effectsk CATEGORY~ Weatherin ' de thh Termite TEMP° REQUIREDh HAZARDS° INDEX~ TEMP~ V ery N/A 85 NO D2 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 (334mz). Additions 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 R313.1. 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 (334mz). Additions Page 4 of 10 EX~IIBIT 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. 7.34.160 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 ~ EX~IIBIT D ~3 ~~ ~ 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 jamb for an in-swing door shall be of one-piece construction with the j amb j oined by a rabbet. 4. Locks shall be provided on all sliding patio doors. 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 ~~ q~~ ~ l. 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 (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. 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 distri~ution 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 postlpipe 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 ~ 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 adj acent 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 %z) 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: R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories Do, Di and D2, 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, D1 and D2 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, D1 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 ~VJ~ ~~) In Seismic Design Categories Do, D1 and D2 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, D1i 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 R602.10.1.2(2)a,b,`,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: R602.10.2.1.1 Limits on methods LIB, GB and PCP. In Seismic Design Categories Do, D1, 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 DZ, 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 EXFIIBIT D ~7 ~8 ~ 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 ~~~ I ~ 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 order 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") axe 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. Page 1 of 3 EXHIBIT E -~o a.i~a~~~-~- ~ 7~$ ~~ 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 or 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 pernutted 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 ~'~~~8 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 Office 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 ~~ l~ ~ 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 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. 7.40.030 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 a~a ~!~ m~~~ a ~a~~~ 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 Regulat~ons, 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 sliall be installed in accordance with the following requirements: Page 3 of 3 EXHIBIT F ~~~~$ 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 1, 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 or 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 "iJMC") 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 ~ a~ac~+nQ~L~` a~ `~ ~g 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 l, Division II, is deleted. Page 2 of 2 EXHIBIT G g~ ~g Chapter 7.52 ABATEMENT OF NUISANCES Article I. General Provisions 7.52.010 Purpose. 7.52.020 Definitions. 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. 7.52.110 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. 7.52.180 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 ~, ,~-~~~h ~~~ a ~~ I~ ~ 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 record 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 privat~ 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 official. A. If, in the opinion of the Enforcement Official, the property is found to be substandard, the Enforcement Official may give to the party concerned written notice thereof. B. The notice shall include the street address and a legal description or 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 g9 ~~ ~ 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 Enforcement Official shall record in the office of the County Record~r 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 or structure may be demolished at the option of the owner; Page 4 of 7 EXHIBIT H 1 ~~ q~ ~ 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; C. 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, or decayed or deteriorated, it may be demolished; E. In all cases where a substandard condition cannot reasonably be repaired so that it will no longer exist in violation of this 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 Enforcement 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 substandaxd 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 R/ ~g ~ 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 work to be done to the extent necessary to abate the substandard condition and protect health or property, after giving such notice to the parties concerned as the circumstances will permit or without any notice whatever. 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 9a ~~ 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 si~or thereof is interested and the grounds of such protest and obj ections. 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 abatix~g nuisances pursuant to this Chapter shall be those provided in Section 1.04.061. Page 7 of 7 EXHIBIT H q3 ~~ ~ 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, Definitions-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 ar 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- _ f..~_ .~ h~- '"1 ~~ ~~g 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 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 7.94 .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 Green~" 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 Green~. "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 LEED`"' for Homes Green Building Rating System, whichever system is selected by the Applicant. "Green Building Program Checklist" means either the GreenPoint Checklist or the LEEDh" 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 LEEDtm 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 LEED~"' residential green building rating system for a covered proj ect. "LEEDtT" for Homes Project Checklist" means the version of the applicable LEED``T' 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 proj ects shall achieve a minimum Green Building Program Rating of fifty (50) points under the Green Building Program Checklist for 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 ~~~ g q 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 proj ect. 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 LEEDt`r' 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 LEEDtm 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`m 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 ~~ ~ ~~ 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. ApproYed. 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. 7.94.110 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 or 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 LEED~' for Homes Green Building Rating System voluntarily registers his or her project with the U.S. Green Building Council for LEED`~' certification at the same or higher Green Building Program Rating than required by this Chapter, Page 5 of 6 EXHIBIT I ~~~` l~ V 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 a.n Applicant for a covered proj ect 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