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Home My WebLink About6.2 Ord Adopting 1988 Building CodeI AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 11, 1989 SUBJECT: PUBLIC HEARING Ordinance Which Adopts the 1988 Edition of the Uniform Building Code, 1988 Uniform Plumbing Code, 1988 Uniform Mechanical Code and 1988 Uniform Housing Code Report by: Victor Taugher EXHIBITS ATTACHED: 1) Draft Ordinance which adopts the 1988 Edition of Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code and Uniform Housing Code 2) Summary of Changes 3) Draft Resolution Making Findings that the Changes to the Uniform Codes are Necessary RECOMMENDATION: 1) Open Public Hearing. 2) Receive Staff Presentation. 3) Receive Public Testimony. 4) Close Public Hearing. 5) Deliberate. 6) Waive the reading & adopt Ordinance which Adopts the 1988 Edition of the Uniform Building Code, 1988 Uniform Plumbing Code, 1988 Uniform Mechanical Code and 1988 Uniform Housing Code, on an Urgency Basis. 7) Adopt Resolution relating to Findings of Necessity. FINANCIAL STATEMENT: No measurable cost to City. DESCRIPTION: The State Law requires that the City adopt new editions of the Uniform Codes within 6 months after the State has adopted the new codes. This ordinance repeals existing Ordinance No. 58-87 and then readopts those provisions with minor modifications along with Amendments to the Uniform Codes that are required by the State. The purpose of repeal and readoption is so that all the building regulations are contained in a single document. A copy of the ordinance has been sent to the major developers in the City for comment. No responses have been received as of November 30, 1989. The ordinance has been reviewed by the Police and Fire Departments and they concur with the provisions relating to building security and fire safety. A detailed description of the revisions are contained in Exhibit "211 . Section 17958.5 of the Health and Safety Code provides that whenever cities adopt the Uniform Codes cities may make changes or modifications to the requirements contained in the State Building Standards Code as it determines are reasonably necessary because of local climatic, geologic or topographical conditions. The City may also make modifications to the Uniform Codes as are reasonably necessary because of local conditions. Exhibit "3" is a resolution making the necessary findings. In order to meet state imposed deadlines, it is proposed that the Ordinance be considered an urgency matter and that it become effective on January 1, 1990. ----------------------------------------------------------------------------- ITEM NO. COPIES TO: r ORDINANCE No. - 89 AN ORDINANCE OF THE CITY OF DUBLIN REPEALING THE CITY OF DUBLIN BUILDING REGULATIONS AS CONTAINED IN ORDINANCE NUMBER 58-87, AND READOPTING THE CITY OF DUBLIN BUILDING REGULATIONS CONTAINED IN ORDINANCE NUMBER 58-87 WITH MINOR REVISIONS THEREIN, AND ADOPTING THE PROVISIONS OF THE 1988 UNIFORM BUILDING CODE 1988 UNIFORM BUILDING CODE STANDARDS, 1988 UNIFORM PLUMBING CODE, 1988 UNIFORM MECHANICAL CODE, 1988 UNIFORM HOUSING CODE AND THE 1987 NATIONAL ELECTRICAL CODE AND ADOPTED AS AN URGENCY MEASURE The City Council of the City of Dublin, does ordain as follows: SECTION I Ordinances 58-87 is hereby repealed. SECTION II The City of Dublin Building Regulations as hereinafter set forth are hereby adopted. City of Dublin Building Regulations Chapter 1, Administration Chapter 2, Building Code Chapter 3, Electrical Code Chapter 4, Plumbing Code Chapter 5, Mechanical Code Chapter 6, Housing Code Chapter 7, Abatement of Nuisances CHAPTER 1-ADMINISTRATIVE Article 1 - Organization and Enforcement Article 2 - Permits and Inspections Article 3 - Definitions Article 1 - Organization and Enforcement Section 11.0 Enforcement Section 11.1 Right of Entry Section 11.2 Stop Work Orders Section 11.3 Occupancy or Use Violations Section 11.4 Dangerous Buildings or Installations Section 11.5 Substandard Buildings Section 11.6 Illegal Buildings, Structures or Installations Section 11.7 Authority to Order Discontinuance of Utilities Section 11.8 Existing Buildings, Structures or Installations Section 11.9 Maintenance Section 11.10 Alternate Materials and Methods of Construction Section 11.11 Modifications Section 11.12 Tests Section 11.13 Appeals Section 11.14 Liability Section 11.15 Violation is a Misdemeanor Section 11.16 Severability Clause man t Section 11.0 Enforcement. There is established in the City of Dublin the office of the Building Official who is responsible for enforcing and administering all of the provisions of this Ordinance, as hereinafter provided. The enforcement of Chapter 7 shall be as designated in Section 71.6 of this Ordinance. The Alameda County Health Officer shall enforce all of the provisions of this Ordinance pertaining to: 1. Private water supply. 2. Private sewage disposal systems. 3. Infestation of insects, vermin or rodents. 4. Storage and removal of garbage. 5. Sanitation of bedding. For purposes of enforcement of the foregoing provisions of this Ordinance the Health Officer shall have the same authority and duties that are assigned to the Building Official in Sections 11.0, 11.1, 11.2, 11.3, 11.7, 11.10, 11.11, 11.12 and 11.13 of this article. The Building Official, and the Alameda County Health Officer shall have the power of a peace officer. Section 11.1 Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Ordinance or whenever the Building Official has reasonable cause to believe that a violation of this Ordinance exists in any building or any premises, or there exists in any building or upon any premises any condition which makes the building or premises dangerous, substandard, unsanitary, or a menace to life, health or property, the Building Official may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this Ordinance 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 entry is refused, the Building Official shall have recourse to every remedy provided by law to secure entry. Section 11.2 Stop Work Orders. Whenever any work is being done contrary to the provisions of this Ordinance or any other applicable law, ordinance, rule or regulation, the Building Official may order the work stopped by serving written notice on any persons engaged in, doing, or causing such work to be done. Any such person shall forthwith stop such work until authorized by the Building Official to proceed with the work. If there are no persons present on the premises the notice may be posted in a conspicuous place. The notice shall state the nature of the violation. Any person violating a stop work order shall be guilty of a misdemeanor. Section 11.3 Occupancy or Use Violations. Whenever any building or structure, electrical, plumbing, or mechanical installation, or portion thereof, is being used contrary to the provisions of this Ordinance or any other applicable law, ordinance, rule, or regulation, and whenever the occupancy of a building has been changed without the approval of the Building Official, the Building Official may order such use discontinued and, where deemed necessary for the safety of the occupants thereof, or the public, may order the building or structure or portion thereof to be vacated by serving written notice to any persons using or causing such use. If there are no persons present on the premises at the time, the notice may be posted in a conspicuous place on the premises. The notice shall state the nature of the violation and the time when said use shall be discontinued, and when required, the time which said building or structure or portion thereof shall be vacated. No person shall continue said use or continue to -2- t occupy said building or structure, electrical, plumbing, or mechanical installation, or portion thereof, contrary to the terms of said notice until the violation is corrected and use or occupancy is authorized by the Building Official. Any person violating any notice issued pursuant to this section shall be guilty of a misdemeanor. Section 11.4 Dangerous Buildings or Installations. (a) Dangerous Building or Structures. For the purpose of this Ordinance, any building or structure which has any of all of the conditions or defects hereinafter described shall be deemed to be a dangerous building or structure, provided that such conditions or defects exist to the extent that the life, health, property, or safety of the public or its occupants are endangered: 1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. 2. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, 'purpose or location. 3. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings or similar structure, purpose or location. 4. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 5. Whenever any portion of a building or structure, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. 6. Whenever any portion thereof has cracked, warped, buckled, or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. 7. Whenever the building or structure, or any portion thereof, because of (I) dilapidation, deterioration, or decay; (II) faulty construction; (III) the removal, movement or instability or any portion of the ground necessary for the purpose of supporting building; (IV) the deteriortion, decay or inadequacy of its foundation; or (V)any other cause, likely to partially or completely collapse. 8. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used. -3- t .9. 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. 10. Whenever the building or structure, exclusive of the foundations, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings. 11. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (I) an attractive nuisance to children; (II) a harbor for vagrants, criminal or immoral persons; or as to (III) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. 12. Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by this Ordinance or any law, ordinance, rule or regulation in relation to the condition, location or structure of buildings . 13. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion, less than 50 percent, or in any supporting part, member or"portion less than 66 percent of the (I) strength; (II) fire resisting qualities or characteristics; or (III) weather resistance qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. Except that for buildings erected prior to the effective date of Alameda County Ordinance 74-66 the seismic forces specified in Alameda County Ordinance 950 N.S. shall be used rather than the seismic forces required by law for a newly constructed building of like area, height, and occupancy in the same location for determining the percent of strength. 14. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Building Official to be unsanitary, unfit for human habitation or in such a condition that it is likely to cause sickness or disease. 15. Whenever any building or structure, because of obsolescense, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire- resistive construction, faulty electric wiring, gas connections or heating apparatus or other cause, is determined by the Building Official to be a fire hazard. .16. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. 17. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. -4- (b) Dangerous Electrical, Plumbing, or Mechanical Installations. For the purpose of this Ordinance, any electrical, plumbing or mechanical installation which has any or all the conditions or defects hereinafter described shall be a dangerous electrical plumbing, or mechanical installation, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or any persons using such installation are endangered: , 1. Whenever any protective or safety service specified in this Ordinance is; not provided, inoperative; or is defective, dilapidated, deteriorated so as to fail to function as originally intended. 2. Whenever any installation or any portion thereof because of (I) dilapidation, deterioration, or decay; (II) faulty construction; (III) obsolescence; (IV) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety. 3. Whenever any installation of any portion thereof which is damanged by fire, wind, earthquake, flood or any other cause so as to constitute a hazard to life, health, property or safety. 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of this Ordinance so as to constitute a hazard to life, health, property or safety. 5. Whenever any installation is in such condition as to constitute a public nuisance know to common law or in equity jurisprudence. (c) Unlawful to Maintain. It shall be unlawful to maintain or use a dangerous building or structure, or a dangerous electrical, plumbing, or mechanical installation. (d) Abatement. All dangerous buildings or structures, or dangerous electrical, plumbing, or mechanical installations are hereby declared to be public nuisances and may be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in Chapter 7 of this Ordinance or by any other remedy available at law. Section 11.5 Substandard Buildings. All buildings or portions thereof which are determined to be substandard as defined in Section 1001 of the Housing Code are hereby declared to be public nuisances and may be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in Chapter 7 of this Ordinance or by any other remedy available at law. It shall be unlawful to maintain or use any such substandard building. Except that any condition which would require displacement of sound walls or ceilings to meet height, length, or width requirements of ceilings, rooms, and dwellings shall not by itself be considered sufficient existence of dangerous conditions making a substandard building; unless the building was constructed, altered or converted in violation of such requirements in effect at the time of construction, alteration, or conversion. Section 11.6 Illegal Buildings, Structures or Installations. Every building or structure or portion thereof, and every electrical, plumbing or mechanical installation or portion thereof, erected, installed, constructed, enlarged, altered, repaired, moved, converted, or improved without a permit and which was subject to the requirements for permits by the Alameda County Building Code, the Alameda County Electrical Code, the Alameda County Plumbing Code, the Alameda County Heating and Ventilating Code, the -5- Alameda County Mechanical Code as adopted by Alameda County Ordinance Number 424, 508, 644, 120 N.S. , and 74-66, respectively, or any subsequent Alameda County ordinances which amended or readopted said Codes or which was erected, installed, constructed, enlarged, altered, repaired, moved, converted or improved without a permit and which was subject to the requirements for permits by City of Dublin Ordinance 02-84 or any subsequent City of Dublin Ordinances which amends, adopts, or readopts The City of Dublin Building Code, City of Dublin Electrical Code, City of Dublin Mechanical Code and City of Dublin Mechanical Code is hereby declared to be an illegal building, structure, or installation. All illegal buildings, structures, or installations shall be made to conform to the provisions of this Ordinance or shall be demolished and removed. Whenever necessary to assure compliance with the foregoing provisions the owner of any illegal building, structure, or installation shall uncover any concealed portions of such building, structure, electrical, plumbing or mechanical installation for inspection and shall perform such tests as may be required by the Building Official. It shall be unlawful to use or maintain any illegal buildings, structure, or installation or portion thereof which was erected, installed, constructed, enlarged, altered, repaired, moved, converted, or improved without a permit: All illegal buildings, structures or installations or portions thereof may be abated by being made to conform to the provisions of this Ordinance or by demolition and remove in accordance with the provisions specified in Chapter 7 of this Ordinance or by any other remedy available at law. Section 11.7 Authority to Order Discontinuance of Utilities. The Building Official may order the discontinuance of the supply of electrical energy, fuel gas, or water to any building or structure, electrical, plumbing or mechanical installation which is: 1. Being occupied or used contrary to the provisions of this Ordinance as set forth in Section 11.3. 2. A dangerous building or structure, or electrical, plumbing or mechanical installation as set forth in Section 11.4 of this Ordinance. 3. A substandard building as set forth in Section 11.5 of this Ordinance. 4. An illegal building or structure, electrical, plumbing or mechanical installation as set forth in Section 11.6 of this Ordinance. Such order shall be in writing and shall state the nature of the condition requiring the discontinuance of utilities and the time when such utilities shall be discontined. The order shall be directed to the person, firm or corporation supplying electrical energy, fuel gas, or water and a copy of said order shall be sent .to the person using said utilities and to the owner of the premises. Section 11.8. Existing Buildings, Structures, or Installations. Except as required by Section 1201 of the Building Code, and Sections 22.18 and 42.7 of this Ordinance, buildings or structures, electrical, plumbing or mechanical installations in existence at the time of the adoption of this Chapter may have their existing use or occupancy continued if such use or occupancy was legal at the time of adoption of this Chapter and provided such continued use is not dangerous or substandard and does not menace health, life or property. -6- Electrical, plumbing and mechanical systems installed in apartments, hotels and dwellings and in existence prior to January 1, 1975, shall be deemed to have conformed to applicable law in effect at the time of installation and to have been maintained in good condition if currently in good and safe condition and working properly. Section 11.9 Maintenance. All buildings or structures, all electrical, plumbing and mechanical installations, both existing and new, and all parts thereof shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the Building, Electrical, Plumbing, and Mechanical Codes when the building, structure, or intallation was erected or installed shall be maintained in good working order. The owner or his designated agent shall be responsible for maintenance of all building, structures, installations or system. Private building sewers shall be maintained in a gas-tight and water-tight condition. Where private sewage disposal systems are permitted, the effluent therefrom shall be contained beneath the surface of the ground level and within the property lines of the premises. Section 11.10 Alternate Materials and Methods of Construction. The provisions of this Ordinance are not intended to prevent the use of any material or method of construction not specifically prescribed by this Ordinance, provided any such alternate has been approved by the Building Official. The Building Official may approve any such alternate provided he finds that the proposed design is satisfactory, and that the material, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Ordinance in quality, strength, effectiveness, fire resistance, durability, dimensional stability, and safety. The details of any action granting approval of an alternate shall be recorded and entered into the files of the City. The Building Official may require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. Section 11.11 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this Ordinance, the Building Official may grant modifications for individual cases, provided he shall first find that a special individual reason makes the strict letter of this Ordinance impractical and that the modification is in conformity with the intent and purpose of this Ordinance and that such modification does not lessen any fire protection requirements or any degree of structural integrity. The details of any action granting modifications shall be recorded and entered in the files of the City. Section 11.12 Tests. Whenever there is insufficient evidence of compliance with the provisions of this Ordinance or evidence that any material or any construction does not conform to the requirements of this Ordinance or in order to substantiate claims for alternate materials or methods of construction, the Building Official may require tests as proof of compliance to be made at the expense of the owner or his agent by an approved agency. Test methods shall be as specified by this Ordinance for the material in question. If there are no appropriate test methods specified in this Ordinance, the Building Official shall determine the test procedure. 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- Section 11.13 Appeals. Any person agrieved with any decision of the Building Official in connection with the application or interpretation of the provisions of this Ordinance or in the approval of alternate materials or methods of construction may appeal to the City Council. Such appeal shall be in writing and filed within ten (10) days. The City Council may after hearing, interpret any provision of this Ordinance. The City Council may after hearing vary the application of this Ordinance in any specific case when in its opinion the enforcement thereof would be contrary to the spirit and purpose of this Ordinance or public interest. The City Council in granting a variance may impose requirements or conditions to mitigate any adverse effects that may result from granting a variance. In making any such interpretation or granting any variance the City Council shall make the following findings: 1. That the interpretation or variance is consistent with the purpose of this Ordinance. 2. That the interpretation or variance will not lessen the protection to the people of the City of Dublin and the property situated therein. The City Council may approve alternate materials or methods of construction as set forth in Section 11.10 by overruling the decision of the Building Official. In approval any alternate materials or methods of construction the City Council shall make findings that the material, method or work proposed is for the purpose intended, at least the equivalent of that prescribed by this Ordinance in quality, strength, effectiveness, fire resistance, durability, dimensional stability and safety. The City Council may appoint a Board of Appeals to hear any specific appeal. The Board of Appeals shall consist of five (5) members qualified by training and experience to pass on matters pertaining to the subject matter of the appeal and to serve until the disposition of the appeal. The Board of Appeals shall have the same authority and duties as the City Council in interpreting this Ordinance, granting variances, or approving alternate materials or methods of construction. The Building Official shall be an ex officio member of the Board of Appeals and shall act as secretary to the board. The board of appeals shall adopt reasonable rules and regulations for conducting its hearings and investigations. The decision of the Board of Appeals shall be final. Revocation of Modification of Variance. The City Council may revoke or modify by written order, after a public hearing held upon not less than ten (10) days notice, any order permitting a variance. The City Council shall serve notice of the time and place of a hearing to revoke or modify any order permitting a variance not less than ten (10) days prior to such hearing, by personal service, or by first class mail, postage prepaid, mailed to the person to whom such variance was granted at the address shown in the application for such variance or to such other address as may appear reasonable to the City Council under the particular circumstances. Section 11.14 Liability. The building official, or his authorized representative charged with the enforcement of this code, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the building official or employee because of such act or omission performed by him in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through -8- the enforcement of this code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgement resulting therefrom shall be assumed by this jurisdiction. Section 11.15 Violation and Penalties. (a) Any person, firm, or corporation violating or causing, or permitting to be violated any of the provisions of this Ordinance shall be deemed guilty of an infraction unless such violation is described as a misdemeanor by specific provisions of this Ordinance. (b) Any person, firm, or corporation convicted of a misdemeanor under the provisions of this Ordinance shall be subject to a fine, or imprisonment or both not to exceed the limits set forth in California Penal Code Section 19. (c) Any person, firm, or corporation convicted of an infraction under the provisions of this Ordinance shall be punishable upon a first conviction of a fine not more than $100.00, and for a second conviction within a period of one year by a fine of not more than $200.00, and for a third or any subsequent conviction within a one-year period by a fine of not more than $500.00. Any violation beyond the third conviction within a one-year period may be charged by the District Attorney as a misdemeanor and the penalty for conviction of the same shall be subject to a fine, or imprisonment or both not to exceed the limits set forth in California Penal Code Section 19. (d) In addition to the penalties here and above provided any condition caused or permitted to exist in violation of any of the provisions of this Ordinance shall be deemed a public nuisance and may be by the City of Dublin summarily abated as such. (e) Each person, firm, or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Ordinance is committed, continued or permitted by such person and shall be punishable accordingly. (f) The Building Official shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this Ordinance. Officers or employees so designated shall have the authority to arrest persons who violate any of said provisions. Section 11.16 Severability Clause. If any provision of this Ordinance, or of the codes adopted by reference by this Ordinance, or the application thereof to any person or circumstances, is held invalid, the remainder of this Ordinance, the codes adopted by reference by this Ordinance, or the application of such provisions to other persons or circumstances shall not be affected thereby. Article 2 - Permits and Inspection Section 12.0 Permits Required Section 12.1 Exceptions Section 12.2 Application for Permits Section 12.3 Plans and Specifications Section 12.4 Information on Plans and Specifications Section 12.5 Survey Section 12.6 Issuance of Permits Section 12.7 To Whom Permits May Be Issued Section 12.8 Responsibility Section 12.9 Validity -9- Section 12.10 Expiration Section 12.11 Authority to Not Issue a Permit Section 12.12 Suspension or Revocation Section 12.13 Fees Section 12.14 Inspections Section 12.15 Special Inspections Section 12.16 Moved Buildings, Structures, Installations or Systems Section 12.17 Occupancy Section 12.0 Permit Required. No person, firm or corporation or organization shall install, erect, construct, enlarge, add to, alter, repair, move, remove, demolish, convert, occupy, equip or improve any building or structure, any electrical, plumbing or mechanical installation or cause the same to be done without first obtaining a permit from the Building Official. A separate permit shall be required for each building or structure, but the permit may include pertinent accessories such as fences, retaining walls, exterior lighting, underground utilities and sprinkler systems, providing such work is shown on the approved plans or described on the application. The Building Official may authorize issuance of a single permit for several buildings where in his opinion the convenience of the City will be served. Prior to issuance of a permit by the Building Official, a separate permit or approval shall be secured from the Health Office for private water supply and private sewage disposal systems. In addition, separate permits for wells are required by the Alameda County Flood Control and Water Conservation District Zone 7 pursuant to Article 14, Chapter 6, Title 5, Alameda County Ordinance Code. Additional permits shall be required for pertinent accessories regulated by this Ordinance which are proposed to be constructed but not shown on the approved plans or described on the application. A Grading Permit may also be required subject to the provisions of the City of Dublin Grading Ordinance. Section 12.1 Exceptions. No permit shall be required for the following; however, permits shall be required for electrical, plumbing and mechanical installations in any building or structure listed in items 1 through 18, and permits shall be required for all new construction and .substantial improvements that are located within an area of special flood hazard in which case a permit shall be required as set forth in City of Dublin Ordinance 42-87. 1. Open wire fences not more than 16' in height, masonry fences not more than 6' in height, and all other type fences not more than 8' in height. 2. Retaining walls which do not retain more than 3' of earth when the earth retained is level or where there is no surcharge load, and retaining walls which do not retain more than 2' of earth when the earth retained is sloping or which supports surcharge loads. See Section 2516(c) for requirements for treatment of wood used for retaining walls. 3. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed 120 square feet. -10- 4. One-story buildings not more than 400 square feet in area used exclusively for housing animals, poultry, livestock and similar animals and the storage of necessary food, hay or grain for the animals housed therein. 5. Agricultural buildings as defined in Section 402 of the Building Code on lots exceeding 20 acres in area which are located in an A Zoning District and where the principal use of the land is agriculture. 6. Lath houses and similar sun shade structure with roofs which do not shed water, which are not more than 10' in height and 1,000 square feet in area. 7. Awnings over doors and windows of a Group R-3 or Group M Occupancy which are entirely supported by the building and do not project more than fifty-four (54) inches. 8. Temporary construction offices, and storage sheds which are used on a site where there is a valid building permit, grading permit, or which are used in connection with a construction project where no building permit or grading permit is required; however, this provisions shall not apply to such building remaining on the site 30 days after the completion of construction. 9. Temporary construction offices and storage sheds when stored in a contractor' s equipment yard; however, this provision shall not apply if such buildings are used for any purpose whatsoever. 10. Raised decks which are less than 30" above the ground at any point. 11. Treehouses or other structures which are designed to be used by children for play. 12. Flag poles, radio or TV antennas and towers, less than 35' in height when not attached to a building and less than 20' in height when attached to a building, except permits are required for dish type antennas 'more than 4 feet in diameter. 13. Swimming, bathing, and wading pools, and fish ponds not exceeding 24" in depth. 14. Prefabricated swimming pools, spas, or hot tubs not exceeding 4' in depth if resting on the surface of the ground or a concrete slab on the ground. 15. Painting, papering and similar finish work. 16. Moveable cases, counters, and partitions not over 5 feet 9 inches high. 17. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one. 18. Water storage tanks of any size if resting on the surface of the ground or on a concrete slab on the ground when used only for watering livestock or irrigation. 19. The replacement of lamps or the connection of portable electrical appliances to suitable receptacles which have been permanently installed. -11- 20. Non-electrical, signs less than 8' in height, non-electrical signs which do not exceed 3 pounds per square foot nor 4 inches in thickness when fastened flat against the wall of any building and provided further that the sign does not extend above the top of the wall of the building. 21. Clearing stoppages or repairing leaks in pipes, valves, fittings or fixtures when such repairs do not involve the replacement or rearrangement of pipes, valves, fittings or fixtures. 22. Buildings and structures owned by a sanitary district used exclusively for storage, collection, conveying and treating sewage. 23. A permit shall not be required for demoliton or exploration work that may be necessary in order to determine conditions in connection with a proposed addition or alteration to an existing building if an application for a permit is on file and prior approval for the demolition or exploration work is obtained from the Building Official. 24. A permit shall not be required for small or unimportant work when approved by the Building Official. Exemption from the requirement of a permit shall not be deemed to be permissible to violate any provision of this Ordinance or any other law, ordinance, rule or regulation. Although permits are not required by this section, any person may obtain inspection services by applying for a permit for such work and paying the applicable fee. Section 12.2 Application for Permits. Every application for permits shall be made in writing on the forms furnished for that purpose. Every application shall include the following; 1. The location of the premises by address and by legal description or County Assessor's description. 2. The name, address and phone number of the applicant. 3. The signature of the applicant or his authorized agent, who may be required to submit evidence of such authority. 4. A description of the work to be done. 5. A description of the proposed use and occupancy of the proposed building, structure, or electrical, plumbing or mechanical installation and where existing buildings, structures, electrical, plumbing or mechanical installations exist, a complete description of the use or occupancy of such buildings, structures, or installations. 6. Any other such information that may be reasonably required by the Building Official. 7. An authorization to enter the property for the purpose of inspecting the work without an inspection warrant. -12- 8. An indication as to whether the building is to be heated and/or cooled. Section 12.3 Plans and Specifications. Two sets of plans and specifications shall be submitted with each application for checking except that plans and specifications shall not be required for small unimportant work when approved by the Building Official. Engineering calculations, stress diagrams, soil investigation reports, geological investigation reports, test data, electrical load calculations, gas and water supply demand calculations and other data sufficient to show the correctness of the plans and specifications and to assure that the proposed work will conform to all of the provisions of this Ordinance shall also be submitted when required by the Building Official. Plans and specifications shall be prepared by a certified architect, or registered professional engineer when required by the Building Official. The owner shall also submit a complete outline of the testing and inspection program proposed when special inspection is required pursuant to Section 12.15. Section 12.4 Information on Plans and Specifications. Plans shall be drawn to scale on substantial paper and shall be legible and of sufficient clarity to indicate the nature and extent of the work proposed and shall show in detail how the proposed work will conform to the requirements of this Ordinance and all applicable laws, ordinances, rules and regulations. The specifications indicating the type and grade of all the materials to be used in the proposed work shall be shown on the plans unless otherwise approved by the Building Official. The first sheet of each set of plans shall contain the address or legal description of the property where the work is proposed to be done, the name and address of the owner of the the property and the name, address and signature of the person who has prepared the plans. The plans shall include a plot plan which shall show the location of existing and proposed buildings or structures. The plot plan shall also show the location of all existing or proposed gas mains and services; water mains, water services, fire hydrants, sewer mains; underground or overhead power and communication lines; poles and transformers; waterways, storm drains, inlets, culverts, curbs, gutters sidewalks, building sewers, wells, septic tanks and drainage fields. The plans shall also include a grading and drainage plan which shall show all existing elevations or contours and all proposed final elevations, and the elevation of the first floor. This plan shall also show how all portions of the lot are to be drained and any necessary drainage structures. The grading and drainage plan may be combined with the plot plan if such information can be clearly shown on the plot plan. If the proposed work does not involve new buildings or structures and does not change the configuration of existing buildings or structures the Building Official may waive the requirements for a plot plan and grading or drainage plan. Where only minor grading is proposed and existing drainage patterns are not materially affected, and the proposed work does not fall under the provisions of special flood hazard areas as set forth in City of Dublin Ordinance 42-87, the Building Official may waive the requirements for a grading and drainage plan. Section 12.5 Plats. Three copies of a topographic plat prepared and signed by a licensed land surveyor or a registered civil engineer shall be submitted with the application for a permit for any new building or structure or building proposed to be moved. -13- 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 evaluations of the finished grade. The plat shall show the location of all above ground structures, retaining walls, fences, poles, transformers, overhead power and communication lines, wells, fire hydrants, drainage inlets, culverts, curbs, gutters, sidewalks and waterways. The plat shall also show the known or reported location of underground structures, such as underground storm drains, water, sewer, gas, power and communications lines, septic tanks and drainage fields. The plat shall be drawn to a scale and shall show contours at intervals of 1' or less on slopes up to 3 percent and not more than 5' when more than 3 percent. Contours shall extend to the center of the street if not improved with curbs and gutters, and need extend only to the gutter when improved with curbs and gutters. Plat of the entire parcel shall not be required for parcels exceeding one acre located in a R-1 or A District, however, the following shall be provided: 1. Contours within 100 feet of any proposed building. 2. Contours or a profile of any existing or proposed access driveway. The Building Official may waive this requirement when the applicant can otherwise demonstrate that the access driveway is in conformance to Section 7701 for width alignment and grade and any cut or fill slopes in connection with the construction of the access driveway are in conformance with Section 7701. A topographic plat is not required on any lot shown on any subdivision tract map if such tract map was filed within five (5) years prior to the application for a permit. The Building Official may require a plat of a property line survey where the exact location of the property line is necessary for the enforcement of any of the provisions of this Ordinance. If, after the issuance of a permit, a question arises as to the exact location of the property line, the Building Official may require a property line survey. Wherever a property line survey has been made, the property line shall be located by appropriate stakes or monuments and three copies of a plat of the survey shall be filed with the Building Official. Nothing contained herein shall be construed as to relieving the land surveyor or civil engineer from complying with the provisions of the Land Surveyor's Act, Business and Professions Code, beginning with Section 8700. Section 12.6 Issuance of Permit. If it appears upon examination of the application, plans, specifications, and other information furnished by the applicant that the proposed work will conform to the provisions of this Ordinance and any other applicable laws, ordinances, rules and regulations, and upon payment of the prescribed fees; the Building Official shall issue a permit to the applicant. When the Building Official issues a permit, he shall affix an official stamp of approval on two sets of plans and specifications. One set of plans and specifications shall be retained by the City and the other set of plans and specifications shall be kept on the site of the construction or work. The approved plans shall not be changed without approval of the Building Official. All work authorized by the permit shall be done in accordance with the approved plans. -14- Permits are not transferable. The set of plans and specifications retained by the City at the time of issuance of the permit shall be retained by the Building Official for a period not less than 90 days from the date of the completion of the work covered therein, except that this provision shall not apply to plans and specifications required to be required to be retained by Section 19850 of the Health and Safety Code of the State of California. Section 12.7 To Whom Permits may be Issued. Permits may be issued to any person not acting in violation of Chapter 7, Divison 3, of the Business and Professions Code of the State of California (Contractor's License Law) . Section 12.8 Responsibility. It shall be the responsibility of the holder of a permit to assure that all work authorized thereunder is done in accordance with the provisions of this Ordinance and any other law, ordinance, rule or regulations, and to call for and make arrangement for the inspection of the work. If after inspection by the Building Official, correction of work completed is necessary, the holder of the permit shall be responsible for such correction. Section 12.9 Validity. The issuance of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Ordinance or any other applicable laws, ordinances, rules or regulations; and any permit or document purporting to give authority to violate this Ordinance, or any other law, ordinance, rule or regulation shall not be valid except insofar as the work or use which it authorizes is lawful. The issuance of a permit based upon plans and specifications shall not prevent the Building Official from thereafter requiring the correction of errors in said plans and specifications or from preventing work being carried on thereunder in violation of this Ordinance, or any other applicable law, ordinance, rule or regulation. Section 12.10 Expiration. (a) Permits. Permits issued pursuant to this Chapter having a valuation of less than one million dollars shall expire one year from the date of issuance; and permits having a valuation of over one million dollars shall expire in two years from the date of issuance. Exception: Whenever a permit is issued to correct a violation of this Ordinance, or any other law, ordinance, rule or regulation, or to rehabilitate, repair, or demolish a dangerous, substandard, illegal, unsafe or unsanitary building or structure, electrical, plumbing or mechanical installation, or to otherwise abate a nuisance, the Building Official shall establish a reasonable time for the completion of the work. Where permits for more than one building on the same site or subdivision are issued to the same applicant, the total valuation of all the permits shall be used for determining when the permits expire. (b) Applications. Every application for a permit shall expire 6 months after the application and accompanying plans and specifications have been checked. Plans and specifications accompanying an expired application may be destroyed ten (10) days from the date of mailing the applicant notice of intention to destroy said plans and specifications. -15- (c) Extensions. One extension of the expiration date of any permit may be allowed for good cause upon written application therefor prior to the expirations date. Requests for extensions shall indicate the necessary time to complete the application or work and the reasons therefor. Where work authorized by any permit has not commenced, extensions shall not be allowed if there has been revisions to any applicable law, ordinance, rule or regulations which would otherwise prohibit the proposed construction. Where work authorized by any permit has commenced any extension shall also require all work to conform to any applicable law, ordinance, rule, or regulation in effect at the time of the extension. In requiring compliance with new laws, ordinances, rules or regulations, the Building Official shall consider the practical difficulties in making changes to existing construction and may allow work completed to remain without changes. The Building Official may also allow uncompleted work to proceed in accordance with the original approved plans. An extension may be allowed for an application for a permit, but the work shall comply with applicable laws, ordinances, rules and regulations in effect at the time of issuance of the permit. In allowing an extension additional fees may be imposed to cover any additional costs incurred by the City because of the extension. Section 12.11 Authority to Not issue a Permit. The Buiding Official may refuse to issue any permit where it cannot be demonstrated that: 1. The hazards of land slippage, erosion or settlement will be eliminated. 2. The proposed work will not be located on a trace of an active fault. 3. The proposed work will conform to Ordinance No. 42-87 or Ordinance No. 52-87. 4. The placement of existing fills has not been subject to continuous inspection by a special inspector as required by Section 2905. 5. The private water supply required by Section 1001 of the Plumbing Code will conform to Chapter 10 of the Plumbing Code. 6. The private sewage disposal system required by Section 1101 of the Plumbing Code will conform to Chapter 11 of the Plumbing Code. 7. Whenever a licensed contractor has failed to make corrections as specified in Section 12.14. Section 12.12 Suspension or Revocation. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this Chapter whenever the permit has been issued in error, or on the basis of incorrect information supplied, or in violation of this Ordinance, rule or regulation. Section 12.13 Fees. (a) General. The provisions of this Section apply to fees collected by the Building Official. -16- The City Council shall, by resolution, adopt a schedule of fees for permits, reinspections, code compliance surveys, moved building inspections, plan and specification storage fee, additional plan checking, hourly rates for inspection services not covered by specific fees, and fees authorized by the Alquist-Priolo Geologic Hazards Zones Act. Prior to the issuance of any permit required by this Chapter, the applicant shall pay the fees as established by resolution of the City Council. Where work for which a permit is required by this Chapter is started or proceeds prior to obtaining said permit, the permit fee shall be, as a minimum, doubled and may be increased up to three times the original amount depending on the circumstances of violation. The payment of such penalty fee shall not relieve any person from fully complying with all of the provisions of this Ordinance. The payment of a penalty fee shall not be required where the work was done two years before the date it has been determined that the work was done without a permit. A penalty fee shall not be required when the work was done or caused to be done by a previous owner of the property. The determination of value or valuation under any of the provisions of this Ordinance shall be made by the Building Official. The value to be used in computing the building permit and permit processing fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire- extinguishing systems and any other permanent equipment at the time the permit is issued. (b) Permit Processing Fee. Each application for a permit shall be accompanied by a fee equal to 40% of the total permit fee rounded off to the nearest dollar. The permit processing fee shall be credited toward the total permit fee required. After permit processing has commenced, no portion of the permit processing fee shall be refundable. (c) Refunds. Sixty (60) percent of any permit fee may be refunded to the applicant prior to the expiration of the permit provided that the work authorized under the permit has not commenced. Thirty (30) percent of the permit fee may be refunded to the applicant after a permit has expired provided that the work has not commenced, but in no case shall any refund be allowed after one year from the date of expiration of the permit. Requests for refund shall be in writing. Any expenses incurred by the City other than the permit processing fee may be deducted from the refund. If there was an error in calculating the amount of the permit fee and such error resulted in overpayment of the permit fee, the amount of overpayment may be refunded. (d) Fees for Partially Completed Work. Where permits expire for failure to complete the work within the required time and a new permit is subsequently issued for the completion of the work within a year after the expiration of the permit, the fee shall be as follows; however, in no case shall the fee be less than $20.00. -17- % of Original Completed Inspections Permit Fee 1. If no inspections have been made 30 2. If a foundation inspection has been made 27 3. If the underground inspections have been made 24 4. If the underfloor frame inspection has been made 21 5. If the rough electric, rough plumbing, and rough mechanical 18 inspections all have been made 6. If the frame inspection has been made 15 7. If the exterior lath inspection has been made 12 8. If the insulation inspection has been made 9 9. If the wallboard inspection has been made 6 The fee determined by the foregoing shall be rounded to the nearest dollar. The foregoing is intended to apply to conventional wood-frame construction and is based on the number of inspections remaining to be made. Where the work is not conventional wood-frame construction, or does not constitute a complete building, or is a structure other than a building; the Building Official shall establish the fee based upon the number of inspections remaining to be made. The fee so established shall not exceed 30% or be less than 6%; however, in no case shall the fee be less and $20.00. Where a new permit is applied for more than one year after the expiration of the permit, the fee shall be based on the valuation of the work remaining to be done. The valuation shall be determined by the Building Official based on the cost to complete the work (not on the original valuation assigned to the permit) and the fees shall be based upon the fee schedule in effect at the time of the issuance of the new permit. (e) Additional fees for Changes. After a permit has been issued, minor changes or additions may be allowed under any permit when approved by the Building Offical. However, additional fees shall be required when the permit fee calculated for both the original work and the work in the proposed change exceeds the original permit fee by ten (10) percent. The additional fee shall be the difference between the original fee and the new fee. Any change in use or in the number of guest rooms or dwelling units shall require the submission of a new application and the payment of an additional fee. Any change which does not increase the amount of the original permit fee by 10 percent but requires additional plan checking shall require the payment of a plan checking fee. No refund shall be allowed for changes which would decrease the amount of the permit fee. (f) Reinspections. Where an inspection is made and corrections are required and said corrections require more than one reinspection, or where an inspection has been called for and the work to be inspected is not ready for inspection, or where the approved plans and specifications are not on the job, a reinspection fee shall be paid prior to making the reinspection. -18- (g) Code Compliance Survey. The owner of any property on payment of the required fee may request an inspection to determine if a building, structure or installation is in compliance with this Ordinance and the City of Dublin Zoning Ordinance. (h) Moved Building Inspection Fee. Prior to application for permits to move a building, structure, electrical, plumbing or mechanical installation, a moved building inspection shall be required. (i) Plan and Specification Storage Fee. A plan and specification storage fee shall be paid at the time of issuance of a permit for buildings; the plans and specifications of which are required to be maintained by Section 19852, Health and Safety Code of the State of California. (j) Fees for Additional Plan 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. (k) Other Inspection Services. The fee for other inspection services provided by the City for which no specific fee is established shall be at an hourly rate. Section 12.14 Inspections. (a) General. All construction or work for which a permit is required shall be subject to inspection by the Building Official and certain types of construction shall have continuous inspection by special inspectors, as specified in Section 12.15. (b) Approvals Required. 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 made of 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. If the work inspected does not comply with this Ordinance or any other law, ordinance, rule or regulation, written notice shall be given indicating the nature of the violation. Such notice may be delivered to the permittee, or the person in apparent control, of the work on the site, or may be posted in a conspicuous place on the site. Refusal, failure or neglect to comply with such notice within ten (10) days shall be considered a violation of this Ordinance and any other law, ordinance, rule or regulation. Whenever a licensed contractor has failed to make corrections in the time specified the Building Official may refuse to issue permits for any other work to be performed at any location within the City of Dublin until all necessary corrections have been made. -19- (c) Covering or Using. No work shall be covered, concealed, or put to use until it has been tested, inspected, and approved as prescribed by this Ordinance and any other law, ordinance, rule or regulation. Any such work which has been covered or concealed before being inspected, tested and approved shall be uncovered for inspection after notice to uncover has been given by the Building Official. (d) Called Inspections. The permittee or his agent shall notify the Building Official when construction work is ready and make the necessary arrangment for Inspection of the work for each of the following inspections: 1. Underground: When the excavation for any underground gas, water, sewage, steam, electrical lines, cables or conduits, or any ventilating ducts, septic tanks or fuel tanks or drainage fields, which have been completed and all such lines, cables, conduits or ducts and tanks are in place and are ready for any required tests, but before backfilling. 2. Foundation: When the excavation for foundations is completed and forms and required reinforcing steel are in place but before any concrete is placed. 3. Drainage for Retaining Walls: When any required drainage facility is in place but before backfilling. 4. 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. 5. 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. 6. 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. 7. Shearwall or Diaphragm: When shear walls or diaphragms are installed and nailed or otherwise fastened to the structural framework and all hold downs, drag ties, chord splices and anchor bolts are in place, but before any of the foregoing is covered or concealed. 8. 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. 9. Reinforced Concrete: When forms and reinforcing steel, sleeves, and inserts, and all electrical, plumbing, and mechanical work is in place but before any concrete is placed. 10. Structural Steel: When all structural steel members are in place and all connections are complete but before such work is covered or concealed. 11. Reinforced Masonry: In grouted brick masonry when the vertical steel is in place and other reinforcing steel, bolts, anchors, and inserts are distributed and ready for placing, but before any units are laid up. In grouted hollow unit -20- masonry when the units are laid up, and any reinforcing steel, bolts, anchors , and inserts are in place and when required cleanouts are installed but prior to placing any grout. 12. Insulation: When all insulation, is in place but before the insulation is covered. 13. Lath: When all backing and lathing, interior and exterior, is in place but before any plaster is applied. 14. Wallboard: When all wallboard is in place but before joints and fasteners are taped and finished. 15. Suspended Ceilings: When the hangers, lighting fixtures, air diffusers, fire dampers, protective boxes, and the runners and supporting members are in place but before the ceiling is installed. 16. Fire Dampers: When the fire dampers are installed in the openings to be protected but before the ducts are connected. 17. Final: When all construction work including electrical, plumbing and mechanical work, exterior finish grading, required paving, and required landscaping is completed and the building, structure or installation is ready to be occupied or used but before being occupied or used. (e) Other Inspections. In addition to the foregoing called inspections, the Building Official may make or require any other inspection of any construction work to ascertain compliance with the provisions of this Ordinance and any other law, ordinance, rule or regulation. Section 12.15 Special Inspections. In addition to the inspection required to be made pursuant to Section 12.14, the owner shall employ a special inspector who shall be present at all times during construction of the following work: 1. During the placing of reinforced concrete and taking of test specimans when the structural design is based on an Pc in excess of 2,500 pounds per square inch. 2. Nonstructural slabs on grade, including prestressed slabs on grade when effective prestress in concrete is less than 150 pounds per square inch. 3. Site work concrete full-supported on earth and concrete where no special hazard exists. 4. Ductile moment-resisting concrete frame. As required by Section 2625(j ) of the building code. 5. Reinforcing steel and prestressing steel: A. During all stressing and grouting of prestressed concrete. B. Checking reinforcing steel after it has been placed for all concrete required to have special inspection by Item No. 1. C. Checking of tendons and prestressing steel after it has been placed for prestressed or post tensioned concrete. -21- 6. Welding: A. Ductile moment-resisting steel frames. As required by Section 2722(f) of the building code. B. All structural welding, including welding of reinforcing steel. Exception: 1. When welding is done in an approved fabricator's shop. 2. When approved by the Building Official, single-pass fillet welds when stressed to less than fifty (50) percent of allowable stresses. 7. High Strength Bolting. During all bolt installations and tightening operations. Exception: 1. The special inspector need not be present during the entire installation and tightening operation, provided he has: i) Inspected the surfaces and bolt type for conformance to plans and specifications prior to start of bolting, ii) and will, upon completion of all bolting, verify the minimum specified bolt tension for 10 percent of the bolts for each connection with a minimum of two bolts per connection. 2. In bearing-type connections when threads are not required by design to be excluded from the shear plane, inspection prior to or during installation will not be required. 8. Structural Masonry: During preparation of masonry wall prisms, sampling and placing of all masonry units, placement of reinforcement, inspection of grout space, immediately prior to closing of cleanouts and during all grouting operations. Exception: Special inspection will not be required for structures designed in accordance with the values in appropriate tables for noncontinuous inspection. 9. Reinforced Gypsum Concrete: When cast-in-place Class "B" gypsum concrete is being mixed and placed. 10. Insulating Concrete Fill: During the application of insulating concrete fill when used as part of a structural system. 11. Applying Spray on Fire Roofing. 12. Pile Driving. 13. Shotcrete: During the taking of test specimens and placing of all shotcrete and as required by Section 2621(j) and (k) . Exception: Shotcrete work fully supported on earth, minor repairs and when, in opinion of the building official, no special hazard exists. 14. Preparation of the site for the placement of fills, and installation of subsurface drainage facilities, and the placement of fill as required by Section 2903 of the Building Code. -22- 15. When required by the Building Official for special construction or work involving unusual hazards, new construction methods, special testing, or which requires constant inspection. Prior to the issuance of a permit, the owner shall submit a complete description of the testing and inspection program for approval by the Building Official. The special inspector shall be a qualified person who has demonstrated his competence to the satisfaction of the Building Official for inspection of the particular type of construction or operation requiring special inspection. Documentary evidence of such competence shall be submitted to the Building Official for approval. Inspection and testing agencies performing special inspection for concrete and steel work shall conform to the requirements of ASTM E329 (Recommended Practice for Inspection and Testing Agencies for Concrete and Steels as Used in Construction) . The special inspector shall file a report that from personal knowledge the work performed during the period covered by the report has been performed and that the materials used and installed are in accordance with the plans and specifications. The term "personal knowledge" means the actual detailed knowledge acquired by the special inspector during his personal continuing observation of construction work at the construction site in all stages of progress. Whenever the special inspector is aware that work that does not comply with this ordinance is proceeding the inspector shall immediately notify the Building Official. The special inspector or testing agency shall immediately notify the Building Official when materials tested do not meet the strength specified. Section 12.16 Moved Buildings, Structures, Installations or Systems. Notwithstanding the provisons of Section 11.8, all existing buildings or structures, including all electrical, plumbing or mechanical installations, and all existing electrical, plumbing and mechanical installations which are moved into or within the City of Dublin shall comply with all the requirments of this Ordinance for new buildings, structures, or installation. Moved apartment houses and dwellings may retain existing materials and methods of construction. However, this Section shall not be interpreted to permit the moved apartment house or dwelling to become or continue to be a dangerous building as defined in Section 11.4 or a substandard building as defined in Section 11.5. Prior to issuance of a permit to move any building, structure, electrical, plumbing or mechanical installation into or within the City of Dublin, the Building Official shall inspect the building, structure, electrical, plumbing or mechanical installation proposed to be moved for conformance to this Ordinance and any other law, ordinance, rule or regulation. The Building Official may require the applicant to remove all or a portion of the wall or ceiling and any other material to inspect concealed portions of the building, structure, electrical, plumbing or mechanical installation proposed to be moved. If after inspection of the building, structure, electrical, plumbing or mechanical installation proposed to be moved the Building Official determines that it is not practical to alter the building, structure, electrical, plumbing or mechanical installation so that it will be in conformance with the foregoing provisions, he may deny the application for a permit. The Building Official shall notify the applicant in writing, stating the reason for such denial. After the building has been moved it shall be placed upon a new foundation as soon as practical but not later than 120 days from the time the building was moved to the site. If after 120 days the building has not been placed on the foundation, said building -23- shall be deemed to be a public nuisance and may be abated in accordance with the procedures specified in Chapter 7 of this Ordinance or by any other remedy available at law. Section 12.17 Occupancy. (a) General. No building, structure, electrical, plumbing or mechanical installation or portion thereof shall be occupied or used unless the Building Official has made final inspections and approved the work regulated by this ordinance and all work required by other City departments or other agencies has been inspected and approved by said department or agency. (b) Approval to Connect Utilities. No person, firm or corporation shall supply water, electrical energy, or fuel gas to any building, structure, electrical, plumbing or mechanical installation until the building, structure, electrical, plumbing or mechanical installation has been inspected and approved by the Building Official. The Building Official may withold approval to supply water, electrical energy, or fuel gas to any building, structure, electrical, plumbing or mechanical installation until there is full compliance with the provisions of this ordinance or compliance with laws ordinances, rules or regulations enforced by other agencies concerned with the construction of said building, structure, electrical, plumbing or mechanical installation. (c) Temporary or Partial Occupancy. The Building Official may authorize the use or occupancy of all or portions of a building, structure, electrical, plumbing or mechanical installation prior to completion of the entire building, structure, electrical, plumbing or mechanical provided that the work completed has been inspected and approved and that no hazard would result by such use or occupancy. 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, firm or corporation supplying water, electrical energy, or fuel gas to discontinue supplying water, electrical energy, or fuel gas when authorization to use or occupy pursuant to this section has been revoked. (d) Withhold Approval to Occupancy. The Building Official may withhold approval to occupy or use any building, structure, electrical, plumbing or mechanical institutions until all fees charged by the City for any zoning application, development approval, inspection fee or any other fee has been paid. In the case of a subdivision this provision shall apply to all buildings or structures located within said subdivision. The Building Official may withhold approval to occupy or use any building structure, electrical, plumbing or mechanical installations until all development improvements including offsite improvements have been completed and approved by other City departments or any other agency concerned with said improvements. Article 3 - Definitions Section 13.0 Applicability Section 13.1 Building Official Section 13.2 Electrical Installation Section 13.3 Health Officer Section 13.4 Mechanical Installation Section 13.5 Plumbing Installation -24- Section 13.6 This Ordinance Section 13.0 Applicability. For the purpose of this Ordinance, certain words and phrases are defined and shall be construed as set out in this Article. Section 13.1 Building Official. The Building Official is the officer charged with the administration and enforcement of this Ordinance or his authorized representative. Section 13.2 Electrical Installation. Electrical installation is any electrical wiring, appliance, device, equipment, and apparatus used for or in connection with the transmission or use of electrical energy for light, heat, power, ratio, signaling communication or for any other purpose. Section 13.3 Health Officer. The Health Officer is the Alameda County Health Officer or his authorized representative. Section 13.4 Mechanical Installation. Mechanical installation is any appliance, device, equipment, system or apparatus used for or in connection with heating, ventilating, refrigeration or incineration. Section 13.5 Plumbing Installation. Plumbing installation is the use of water, all potable water supply and distribution pipes, all fixtures and traps, all drainage and vent pipes and all building drains, all private sewage disposal systems, including their respective joints and connections, devices, receptables and appurtenances within property lines of the premises and shall include potable water piping, potable water treating or using equipment, fuel gas piping, water heaters and vents for same. Section 13.6 This Ordinance. Whenever the term this Ordinance is used, it shall also mean the codes adopted by this Ordinance. CHAPTER 2-BUILDING CODE Article 1 - Title and Scope Article 2 - Exclusions and Modifications Article 1 - Title and Scope Section 21.0 Title Section 21.1 Purpose Section 21.2 Adoption Section 21.3 Scope Section 21.4 Exceptions Section 21.5 Additions, Alterations, Repairs Section 21.0 Title. The Uniform Building Code adopted by Section 21.2 of this Ordinance and the provisions of this Chapter is the City of Dublin Building Code and may be cited as such, and will be referred to in the Uniform Building Code and in this Chapter as "this Code. " Section 21.1 Purpose. The promotion and preservation of the public healthy, safety, and general welfare of the people of the City of Dublin and the property situated therein have made necessary the adoption of the Building Code referred to in Section 21.2 in order to adequately safeguard life, health, property and general welfare. -25- The purpose of this code is not to create or otherwise establish or designate any particular class or groups of persons who will or should be especially protected or benefited by the terms of this code. Section 21.2 Adoption. Certain documents, a copy of which is on file in the office of the City Clerk of the City of Dublin, being marked as "Uniform Building Code 1988 Edition" and "Uniform Building Code Standards 1988 Edition" published by the International Conference of Building Officials is hereby adopted by reference as the Building Code of the City of Dublin pursuant to the provision of Section 50022.1 et. seq. of the Government Code of the State of California except as hereinafter modified in Article 2 of this Chapter. Section 21.3 Scope. The provisions of this code shall apply to the installation, erection, construction, enlargement, addition to, alteration, repair, moving, removal, demolition, conversion, occupancy, equipping, use, and maintenance of any building or structure within the City of Dublin. The permissive provision of this Code shall not be presumed to waive any limitations imposed by any other law, ordinance, rule or regulation. If two or more pertinent limitations are not identical, those limitations shall prevail which provide greater safety to life, health, property or public welfare. Buildings shall be made accessible to the physically handicapped as required by Title 24 California Code of Regulation. Whenever there is a conflict between any of the provisions of this code and Title 24, the provisions of Title 24 shall prevail. Section 21.4 Exceptions. The provisions of this Code shall not apply to: 1. Work located in a public street. 2. Trailer coaches, campers, mobile homes, motor vehicles, railroad cars, and aircraft; however, if any of the foregoing are permanently placed on the ground or have their wheels removed for other than temporary repairs, they shall comply with all of the provisions of this Code. 3. Houseboats or other watercraft; however, if any of the foregoing are stored out of the water and are used for any purpose whatsoever, they shall comply with all of the provisions of this Code. 4. Towers or poles supporting communication lines or power transmission lines. 5. Dams, flood control and drainage structures. 6. Portable amusement devices and structures, including merry-go-rounds, ferris wheels, rotating conveyances, slides, similar devices, and portable accessory structures whose use is necessary for the operation of such amusement devices and structures but not including any storage building or detached structure which is not an integral part of the device. Section 21.5 Additions, Alterations, and Repairs. (a) General. Buildings or structures to which additions, alterations, or repairs are made shall comply with all the requirements of this Code for new buildings or structures except as specifically provided for in this section. -26- (b) Additions, Alterations, or Repairs. Additions, alterations or repairs may be made to any building or structure without requiring the existing building or structure to comply with all the requirements of this Code, provided the addition, alteration or repair conforms to that required for a new building or structure. Additions or alterations shall not be made to an existing building or structure which will cause the existing building or structure to be in violation of any of the provisions of this code nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate egress in compliance with the provisions of this code or will obstruct existing exits; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life. Any building so altered, which involves a change in use or occupancy, shall not exceed the height, number of stories and area permitted for new buildings. Any building plus new additions shall not exceed the height, number of stories and area specified for new buildings. Additions or alterations shall not be made to an existing building or structure when such existing building or structure is not in full compliance with the provision of this code. (c) Special Provisions for Apartment Houses, Hotels and Dwellings. The provisions of Subsection (b) shall not prohibit the alteration or repair of any legally established existing apartment house, hotel, dwelling or structure accessory thereto which retains, replaces or extends the use of the original materials or continued use of original methods of construction provided such alteration or repair does not create or continue a dangerous building as defined in Section 11.4 of this Ordinance, a substandard building as defined in Section 1001 of the Housing Code. However, such alteration or repair shall not reduce any required fire resistance below that specified by this Code, reduce the resistance to lateral forces below that specified by this Code, or increase the stress or deflection of any member so as to exceed that specified by this Code. The provisions of Subsection (b) pertaining to additions shall not require any legally existing apartment house, hotel, dwelling, or structure accessory thereto to be made to conform to the provisions of this Code solely because of the construction of the addition. However, this Section shall not be construed to permit the addition to increase the stress or deflection of any existing member so as to exceed that specified by the Building Code. Whenever an addition increases the number of occupants which must exit through the existing building all of the exit facilities serving the increased number of occupants shall comply with the provisions of this Code. Whenever a new dwelling unit is created either by new construction, or by an alteration to an existing building, separate gas and electrical meters shall be provided. (d) Special Provision for Additions to Apartment Houses, Hotels, and Dwellings. Notwithstanding the provisions of Section 11.8 of this Ordinance whenever alterations, repairs, or additions requiring a permit and having a valuation in excess of $1,000.00 occur, or one or more sleeping rooms are added or created in existing Group R, Division 3 Occupancies, the entire building shall be provided with smoke detectors located as required for new Group R, Division 3 Occupancies. Further more spark arrestors shall be installed on all chimneys connected to solid burning fuel burning appliances. (e) Repair of Roof Covering. Roof coverings may be repaired or replaced with materials as set forth in Section 22.16. -27- Article 2 - Exclusions and Modifications Section 22.0 Part 1: Administration Section 22.1 Section 502, Chapter 5, Part III: Change in Use Section 22.2 Section 505(e) Chapter 5, Part III: Area Separation Walls Section 22.3 Section 506, Chapter 5, Part III: Allowable Area Increases Section 22.4 Section 1108, Chapter 11, Part III: Springs Section 22.5 Section 2311(b)&(c) Chapter 23, Part VI: Wind Design Section 22.6 Table 23A, Chapter 23, Part VI: Uniform & Concentrated Loads Section 22.7 Section 2517(h)-7, Chapter 25, Part V: Roof Sheathing Section 22.8 Section 2901, Chapter 29, Part VI: Scope Section 22.9 Section 2903, Chapter 29, Part VI: Excavations and Fills Section 22.10 Section 2903, Chapter 29, Part VI: Foundation Investigation Section 22.11 Section 2911, Chapter 29, Part VI: Drainage Section 22.12 Section 3202(b) Chapter 32, Part VI: Fire Retardancy Where Required Section 22.13 Section 3314, Chapter 33, Part VI: Exit Signs Section 22.14 Section 3703, Chapter 37, Part VI: Chimneys General Section 22.15 Section 3802, Chapter 38, Part VI: Automatic Fire-Extinguishing Systems Section 22.16 Section 3803, Chapter 38, Part VI: Sprinkler System Alarms Section 22.17 Section 4101, Chapter 41, Part IV: Building Security Section 22.18 Section 4306, Chapter 43, Part VII: Fire Resistive Assemblies for Protection of Openings Section 22.19 Section 4401, Chapter 44, Part VIII: Protection Section 22.20 Section 4402, Chapter 44, Part VIII: Temporary Use of Streets & Alleys Section 22.21 Section 4403, Chapter 44, Part VIII: Storage on Public Property Section 22.22 Section 4404, Chapter 44, Part VIII: Mixing Mortar on Public Property Section 22.23 Section 4405, Chapter 44, Part VIII: Protection of Utilities Section 22.24 Section 4501, Chapter 45, Part VIII: General Section 22.25 Section 4502, Chapter 45, Part VIII: Projection into Alleys Section 22.26 Section 4503, Chapter 45, Part VIII: Space Below Sidewalks Section 22.27 Section 4508, Chapter 45, Part VIII: Signs Section 22.28 Section 4706(e) , Chapter 47, Part VIII: Weather-Resistive Barriers Section 22.29 Chapter 1, Appendix: Life Safety Requirements for Existing Buildings Section 22.30 Chapter 32, Appendix: Reroofing Section 22.31 Section 3501(a) , Chapter 35, Appendix: Sound Transmission Control Section 22.32 Chapter 53, Appendix: Energy Conservation in New Building Construction Section 22.33 Chapter 70, Appendix: Excavations and Grading Section 22.0 Part 1: Administration. Part 1, including Chapters 1, 2, and 3 on pages 1 through 16 is deleted. Section 22.1 Section 502, Chapter 5, Part III: Change In Use. Section 502 on page 32 is amended by deleting the third paragraph. Section 22.2 Section 505(e) Chapter 5, Part III: Area Separation Walls. Section 505(e) on page 36 and 37 is amended by adding anew item 6 to read: 6. Area separation walls shall not be considered to create separate buildings for the purpose of automatic fire-sprinkler system requirements as set forth in Chapter 38. -28- Exception: Buildings separated by continuous area separation walls of four-hour fire-resistive construction without openings. Buildings required to have automatic fire-sprinkler protection as set forth in Section 13113 of the Health and Safety Code are prohibited from using area separation walls in lieu of automatic fire-sprinkler protection. Section 22.3 Section 506, Chapter 5, Part III: Allowable Area Increases. A new Subsection (d) is added to Section 506 on pages 37 and 38 to read: (d) Yard Restriction. The increase in area permitted by Subsections (a) and (b) of this Section shall not be allowed unless or until the owner of the required yard shall file an agreement binding such owner, his heirs, and assignees, to set aside the required yard as unobstructed space having no improvements. Such agreement shall be recorded in'the Alameda County Recorder's Office. Section 22.4 Section 1108, Chapter 11, Part III: Springs. Section 1108 is added to read: (a) Extension Garage Door Springs. Every garage door spring installed in any garage or carport which is accessory to an apartment house, hotel, motel or dwelling shall conform to the following requirements: 1. Hard-drawn spring wire shall conform to ASTM Designation A 22-71, and shall be made by the steel processes described therein, conforming to the chemical compositions requirements listed and meeting the standards of steel heat as set forth by the Ladle Analysis. Wire tensile strength and dimension variations shall meet the prescribed properties of established standards. 2. Oil-tempered wire shall conform to ASTM Designation A 229-71, and shall be made by the steel processes described therein conforming to the chemical compositions requirements listed and meeting the standards of steel heat as set forth by the Ladle Analysis. Wire tensil strength and dimension variations shall meet the prescribed properties of established standards. 3. Extension springs shall be fabricated from eilther hard drawn spring wire or oil- tempered wire as required in Subsections (a) I and (a) 2 above. (b) Design Standards. Minimum design standard shall be 9,000 cycles. (One cycle is equal to door opening plus door closing at maximum working load.) (c) Certification. 1. Mill certification of wire physical tests and chemical properties shall be kept on file by the spring manufacturer. 2. Physical cycling tests shall be performed for each spring design and shall be certified by an approved testing agency acceptable to the department and reports kept on file by the manufacturer. 3. Containment devices shall be physically tested for each spring design by installing the device on the spring and by destroying the spring at maximum recommended stretch. Containment tests shall be certified by an approved testing agency acceptable to the department and reports kept on file by the manufacturer. (d) Containment Devices. Each spring shall be equipped with an approved device capable of restraining the spring or any part thereof in the event it breaks. -29- (e) Identification. Springs shall be permanently identified as to manufacturer and also to indicate maximum recommended stretch. Both springs and containment devices shall bear information stating that they have been manufactured in accordance with requirements of the California Department of Housing and Community Development. (f) Installation. Installation of springs, containment devices and hardware shall be in accordance with the manufacturer's installation instructions. Instructions shall be provided by the manufacturer and shall specify the approved method of restraint and maximum recommended stretch. Unless otherwise permitted by the manufacturer's installation instructions, the hardware and springs shall be mounted to nominal 2 by 6 framing members which shall be of a species identified as Group I or II in the Uniform Building Code Standards, Table No. 25-17J. Section 22.5 Section 2311(b)&(c) Chapter 23, Part VI: Wind Design Section 2311(b & c) on page 138 is amended to read: (b) Basic Wind Speed. All portions of the City of Dublin have a basic wind speed of 70 miles per hour. (c) Exposure. Figure 23-4 is a map of the City of Dublin showing those portions of the City which are located in Exposure B and and Exposure C. Any area annexed to the City shall automatically be located in Exposure C. Section 22.6 Table 23A, Chapter 23, Part VI: Uniform & Concentrated Loads. Table 23-A on pages 160 and 161 are amended by adding a new Footnote 9 to read: 9. Bridges for vehicular traffic shall be designed for H2O loading as designated by the American Association of State Highway Officials. Section 22.7 Section 2517(h)-7, Chapter 25, Part. V: Roof Sheathing on page 266 is amended by amending the 1st paragraph to read: Section 2517(h)-7 Roof Sheathing Roof sheathing shall be in accordance with Table 25- S-1 & Table 25-S-2 for plywood, or Table 25-5-3 for particle board & Table 25-R-1 for diagonal sheathing only. Section 22.8 Section 2901, Chapter 29, Part VI: Scope. Section 2901 on page 593 is amended to read: Section 29.01 Scope. This chapter sets forth requirements governing grading drainage, mitigation of geologic hazards, excavations and fills for any building or structure, and for foundations and retaining structures. Section 22.9 Section 2903, Chapter 29, Part VI: Excavations and Fills. Section 2903 on pages 521 and 522 are amended to read: Section 2903 Excavations and Fills. (a) General. Excavations or fills for any building or structure and excavations or fills accessory thereto shall be so constructed or protected so that they do not endanger life or property. (b) Grading Permits. Grading permits are required for excavations and fills as set forth in Ordinance No. 56-87. -30- (c) Excavations. Where exempt from grading permits, the slope of cut surfaces of permanent excavations shall not be. steeper than 2 horizontal to 1 vertical. Existing footings or foundations which may be affected by any excavation shall be underpinned or otherwise protected against settlement and shall be protected against lateral movement. (d) Fills. Where exempt from grading permits, slopes of permanent fills shall not be steeper than 2 horizontal to 1 vertical. The ground surface shall be prepared to receive fill by removing vegetation, topsoil and other unsuitable material and where slopes are 5 horizontal to 1 vertical or steeper by benching into sound bedrock or other competent material. (e) Existing Fill. Any fill which exceeds 5 feet in depth on slopes which exceed ten (10) percent and all fills which will be used to support the foundation of any building or structure which existed on August 1, 1974, and which was placed in conformance with the Alameda County Ordinance 950 N.S. effective October 1, 1965, need not have continuous inspection. All other fills which exceed 5 feet in depth on slopes which exceed ten (10) percent and all fills which will be used to support the foundation of any building or structure, which existed on August 1, 1974, shall be altered or completely removed and replaced with continuous inspection by a special inspector. Any fill placed after August 1, 1974 which exceeds 5 feet in depth on slopes which exceed ten (10) percent or which will be used to support the foundation of any building or structure without continuous inspection by a special inspector, shall be altered or completely removed and replaced with continuous inspection by a special inspector. (f) Erosion Control. The faces of cut and fill slopes that are exempt from grading permits shall be prepared and maintained to control against erosion. This control may consist of effective planting. The protection of the slopes shall be installed as soon as practicable and prior to calling for final inspection and approval. Where cut slopes are not subject to erosion due to the erosion resistant character of the materials, such protection may be omitted. (g) Protection of Adjoining Property. The rights of coterminous owners shall be as set forth in Section 832 of the Civil Code of the State of California. Section 22.10 Section 2905, Chapter 29, Part VI: Foundation Investigation. Section 2905 on pages 594 and 595 is amended to read: Section 2905 Soil and Geologic Investigation. (a) When Required. A soil and/or geologic investigation shall be required in the following circumstances. 1. For all A-1, A-2, A-2.1 and H Occupancies. 2. When the allowable soil pressure used in the design of the foundation exceeds 2,000 psf. -31- 3. When the building is proposed to be supported in fill. 4. When the slope of the natural ground within 30 feet of any building or structure exceeds twenty (20) percent and the slope is more than 10 feet in height. 5. When a cut or a fill exceeding 5 feet in depth at any point either exists or is proposed and the slope of the natural ground within 30 feet of the building or the cut or fill exceeds ten (10) percent and the slope is more than 10 feet in height. 6. Where highly expansive or erodible soils are present unless it can be demonstrated to the satisfaction of the Building Official that the structure will not bear on such soils, or that the recommendations of a soil engineer are suitable. 7. In any subdivision into five or more parcels as defined in Section 8-1.3 of the Alameda County Ordinance Code as adopted by the City of Dublin which has been recorded after September 17, 1965. Where highly expansive soils or other soil conditions are present within a subdivision, which if not corrected would lead to structural defects, a soil and/or geologic investigation report shall be required for each lot in the subdivision. 8. On a building site traversed or suspected to be traversed by a potentially active fault. 9. In areas of known or suspected geological hazards, including landslide hazards and hazards from earthquake caused ground shaking. 10. When otherwise required by the Building Official due to proposed design of the structure or due to topographical or geological conditions on the building site. (b) Prior Reports. All soil and geologic reports prepared for a property, whether for the proposed project or not, shall be submitted for a record of the conditions observed on the property at various times. (c) Investigation. Those portions of the investigation that are civil engineering as defined by Section 6734 of the Business and Professions Code of the State of California shall be prepared by a soil engineer who is a civil engineer registered by the State of California. Those portions of the investigation that involve the practice of geology as defined by Section 7802 of the Business and Professions Code of the State of California shall be prepared by an engineering geologist registered and certified by the State of California. The investigation shall be based on observation and tests of the materials disclosed by borings or excavations made in appropriate locations. Additional studies may be necessary to evaluate soil strength, the effect of moisture variation on soil, bearing capacity, compressibility and expansiveness. (d) Reports. The soil and geologic investigation report shall contain all of the information requirements set forth in Ordinance No. 56-87 as they may be applicable to the particular site and any recommendations contained therein shall be subject to the approval of the Building Official. -32- The site development and all buildings and structures shall be designed and constructed in accordance with the recommendations contained in the soil and geologic investigation reports. (e) Final Report. Upon completion of rough grading work and prior to the approval of the foundation for any proposed building or structure, a final grading report as set forth in Ordinance No. 56-87 and as-built grading plan prepared by a registered civil engineer including original ground surface elevations, as-graded ground surface elevations, lot drainage and location of all surface and subsurface drainage facilities. Section 22.11 Section 2911, Chapter 29, Part VI: Drainage. A new Section 2910 is added to read: Section 2911 Drainage. All portions of any building site including vent shafts, courts, passageways, areaways, and access driveways shall be graded and drained so that water will not pond or accumulate on the surface of any building site. All portions of any building site shall be drained in such a manner that it will not cause erosion or endanger the stability of any cut or fill slope or any building or structure. When surface drainage is discharged onto any adjoining property, it shall be discharged in such a manner that it will not cause erosion or endanger any cut or fill slope or any building or structure. Section 22.12 Section 3202(b) , Chapter 32, Part VI: Fire Retardancy Where Required. on page 614 is amended to read: Section 3203(b) Roof Covering Requirements. 1. Map of Fire Safe Roof areas. Figure 32-1 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 three roofing areas. Said amendments may be made by the Building Official after consultation, with the Chief of the Dougherty Regional Fire Authority. 2. Roofing Area 1. Any new roof and any alteration, repair or replacement for buildings housing R & M occupancies in Roofing Area 1 shall use roof covering material that conforms to Class B or better when tested in accordance with UBC Standard 32-7, or shall be made of concrete, ferrous or copper metal, clay, slate or similar non-combustible material. 3. Roofing Area 2. Any new roof for buildings housing R or M occupancies shall in Roofing Area 2 use roof covering material that conforms to Class C or better when tested in accordance with UBC Standard 32-7, or shall be made of concrete, ferrous or copper metal; clay, slate or similar non-combustible material. Any roof covering alteration including replacement or repair made within a 12 month period which: A. Does not exceed 25% of the projected area of the existing roof may use material similar to the existing roof covering material. B. Exceeds 25%, but does not exceed 50% of the projected area of the existing roof shall use roof covering materials as required for new roofs. C. Exceeds 50% of the projected area of the existing roof, the entire existing roof shall be replaced with materials as required for new roofs. -33- 4. Roofing Area 3. Any new roof for buildings housing R & M occupancies in Roofing Area 3 shall use roof covering material that conforms to Class C or better when tested in accordance with UBC Standard 3207, or shall be made of concrete, ferrous or copper metal, clay, slate or other similar non-combustible material. Any alterations, including replacement or repairs may be material similar to the existing roof covering material, but may not use materials having a lessor fire retardancy. 5. Other Occupancies. Any new roof covering and any alterations, repairs or replacement of roof covering material for buildings housing all other occupancies shall conform to the requirements as set forth in Roofing Area 1. 6. Other Provisions. Skylights shall be constructed as required in Chapter 34. Penthouses shall be constructed as required in Chapter 36. For use of plastics in roofs, see Chapter 52. For solar energy collectors located above or upon a roof See Section 1714. Section 22.13 Section 3314, Chapter 33, Part VI: Exit Signs. Section 3314 on pages 652 & 653 is amended by new subsections (e) and (f) to read: (e) Lowel-Level Exit Signs. Where exit signs are required by Section 3314(a) , approved and listed internally, externally or self-illuminated low-level exit signs complying with Section 3314 shall be required. The bottom of the sign shall be not less than 6 inches nor more than 8 inches above the floor level. For exit way doors, the sign shall be on the door with the closest edge of the sign within 4 inches of the door frame or adjacent to the door. Such signs shall be of a type which is perceptible to the sense of touch. (f) Low-level Exit Path Marking. Where exit signs are required by Section 3314(a) , all exit corridors shall be provided with continuous low-level exit path marking. Approved and listed internally or self-illuminated marking shall be installed at floor level or no higher than 8 inches above the floor level. Such marking shall be of a type which is perceptible to the sense of touch. Section 22.14 Section 3703, Chapter 37, Part VI: Chimneys General. Section 3703 on page 671 is amended by adding a new subsection (h) to read: (h) Spark Arrester. All chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrester. The net free area of the spark arrester shall be not less than four times the net free area of the outlet of the chimney. The spark arrester screen shall have heat and corrosion resistance equivalent to 12-gauge wire, 10-gauge galvanized wire or 24-gauge stainless steel. Openings shall not permit the passage of spheres having a diameter larger than 1/2 inch and shall not block the passage of spheres having a diameter of less than 3/8 inch. When alterations, repair or additions requiring a permit and having a valuation in excess of $1,000.00 occur in an existing building that has a chimney attached to any appliance, fireplace or incinerator that burns solid or liquid fuel and said chimney does not have a spark arrestor, a spark arrestor shall be installed. Section 22.15 Section 3802, Chapter 38, Part VI: Automatic Fire-Extinguishing Systems. on pages 681, 682 and 683 is amended to read: -34- Section 3802 Automatic Fire-Extinguishing Systems. (a) Where Required. An automatic fire-extinguishing system shall be installed in the occupancies and locations as set forth in this section. For Special provisions on hazardous chemicals and magnesium, and calcium carbide, see the Fire Code. (b) All Occupancies Except Group R, Division 3 and Group M. Except for Group R, Division 3 and Group M Occupancies, an automatic sprinkler system shall be installed: 1. In every story or basement of all buildings when the floor area exceeds 1500 square feet and there is not provided at least 20 square feet of opening entirely above the adjoining ground level in each 50 lineal feet or fraction thereof of exterior wall in the story or basement on at least one side of the building. Openings shall have a minimum dimension of not less than 30 inches. Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that fire fighting or rescue cannot be accomplished from the exterior. When openings in a story are provided on only one side and the opposite wall of such story is more than 75 feet from such openings, the story shall be provided with an approved automatic sprinkler system, or openings as specified above shall be provided on at least two sides of an exterior wall of the story. If any portion of a basement is located more than 75 feet from openings required in this section, the basement shall be provided with an approved automatic sprinkler system. 2. At the top of rubbish and linen chutes and in their terminal rooms. Chutes extending through three or more floors shall have additional sprinkler heads installed within such chutes at alternate floors. Sprinkler heads shall be accessible for servicing. 3. In rooms where nitrate film is stored or handled. 4. In protected combustible fiber storage vaults as defined in the Fire Code. (c) Group A Occupancies. An automatic fire-extinguishing systems shall be installed in all Group A occupancies where the floor area exceeds 5,000 square feet and in all basements classified Group A Occupancy when the basement floor area exceeds 1,500 square feet. (d) Group B Occupancies. An automatic fire-extinguishing system shall be installed in all Group B occupancies when the floor area exceeds 5,000 square feet. (e) Group E Occupancies. An automatic fire-extinguishing system shall be installed in all Group E occupancies where the floor area exceeds 5,000 square feet and in all basements classified Group E occupancy where the basement floor area excees 1,500 square feet. (f) Group H Occupancies. An automatic fire-extinguishing system shall be installed in Group H, Division 1, 2, 3 and 7 Occupancies and in all Group H Division 4 & 5 Occupancies when the floor area exceeds 1,500 square feet. -35- (g) Group H-6 Occupancies. Division 6. An automatic fire-extinguishing system shall be installed throughout buildings containing Group H, Division 6 occupancies. The design of the sprinkler system shall be not less than that required under U.B.C. Standard No. 38-1 for the occupancy hazard classifications as follows: Location Occupancy Hazard Classification Fabrication areas Ordinary Hazard Group 3 Service corridors Ordinary Hazard Group 3 Storage rooms without dispensing Ordinary Hazard Group 3 Storage rooms with dispensing Extra Hazard Group 2 Exit corridors Ordinary Hazard Group 3 1 1 When the design area of the sprinkler system consists of a corridor protected by one row of sprinklers, the maximum number of sprinklers that need be calculated is 13. (h) Group I Occupancies. Automatic fire-extinguishing systems shall be installed in all Group I occupancies. Exception: In jails, prisons and reformatories, the piping system may be dry, provided a manually operated valve is installed at a continuously monitored location. Opening of the valve will cause the piping system to be charged. Sprinkler heads in such systems shall be equipped with fusible elements or the system shall be designed as required for deluge systems in UBC Standard No. 38-1. (i) Group R, Division 1 Occupancies. An automatic sprinkler system shall be installed throughout every apartment house three or more stories in height or containing more than 15 dwelling units, and every hotel three or more stories in height or containing 20 or more guest rooms. Residential or quick-response standard sprinkler heads shall be used in the dwelling unit and guest room portions of the building. (j ) All Group A, B, E, H, I, & R-1 & R-3 Occupancies. Automatic fire-extinguishing systems shall be installed in all Groups A, B, E, H, I, & R-1 & R-3 occupancies located more than 1 1/2 miles from a fire station providing fire protection to that location. Said distance shall be measured in a straight line. For R-3 occupancies the sprinkler system may be a residential sprinkler system as set forth in Item 8 of Section 38.103 of UBC Standard 38-1. Buildings containing portions which are required to have an automatic fire- extinguishing system because of the number of stories shall have the automatic fire- extinguishing system installed throughout and area separation as set forth in Section 505(e) shall not be considered as creating separate buildings for the purpose of this section. When the specific use of a building is not known at the time of design and installation of the automatic fire-extinguishing system the design shall be based upon Ordinary Hazard Group 3 as set forth in UBC Standard 43-1. Whenever an addition is made to an existing building automatic fire-extinguishing systems shall be installed if the existing building plus the addition exceeds the area or height limitation set forth in this section. -36- Whenever the use of an existing building or portion thereof is changed in any manner so as to require the installation of an automatic fire-extinguishing system, said system shall be installed in the entire building. Section 22.16 Section 3803, Chapter 38, Part VI: Sprinkler System Alarms. Section 3803 on page 683 is amended to read: Section 3803. Automatic sprinkler systems shall be supervised by an approved central, proprietary or remote station service or a local alarm which will give an audible signal at a constantly attended location when the number of sprinklers is more than 20. Exception: For R-3 occupancies, local alarms are acceptable. Section 22.17 Section 4101, Chapter 41, Part IV: Building Security. A New Chapter is added to read: Section 22.17 Chapter 41, Part IV: Building Security a New Chapter is added to read: Section 4101 Residential Security Requirements. a) Exterior doors. All exterior wood doors shall be of solid wood construction, no less than 1 3/4 inches thick or hollow metal doors. Except for sliding glass doors, exterior doors shall not have glazing larger than 2" unless glazing is 1/4" tempered glass. b) Locking devices. Exterior swinging doors shall have a lock on the latching device and a auxiliary cylinder dead bolt. The dead bolt shall be hardened steel and have a 1" throw. If the cylinder of the lock protrudes from the face of the door it shall be fitted with a cylinder ring guard so it cannot be gripped with pliers or other wrenching devices. Double doors shall have the inactive leaf secured with flush bolts at top and bottom. The bolts shall be hardened steel 1/4" minimum in diameter and shall engage a metal strike plate to a minimum depth of 3/811 . c) Strike plates. Strike plates for wood jambs shall be the high security type and shall be secured with a minimum of two wood screws 3" long which shall engage the door studs. d) Jambs. Inswinging doors with wood jambs shall have rabitted jambs. The jambs on the strike side shall have solid shims above and below the strike plates and the opposite jamb shall have solid shims at the level of the strike plate. Both door studs shall be reinforced with horizontal solid blocking at the approximate height of strike. e) Hinges. Exterior hinges and hinges of outswinging doors from the garage to the dwelling shall have non-removable pins. f) Sliding glass doors. Sliding glass doors shall comply with Chapter 54. Sliding glass doors shall be fitted with a locking device that shall engage the strike sufficiently to prevent its being disengaged by any possible movement of the door within the space or clearances provided for installation and operation. The bolt and strike shall be reinforced by hardened material so as to prevent their separation by pulling, prying or similar attack. An auxiliary locking device shall be installed on the door which may be a pin, lock, or similar device of not less than 1/4 diameter. The pin shall be of hardened material and engage the metal portion of the sliding door. The primary locking device shall be operable by a keyed or code lock inside. Doors with 2 sliding panels shall be locked at the meeting rails and shall have an auxiliary locking device as described above. -37- g) Entry vision. All main or front entry doors shall be fitted with a viewing device having a field of view of not less than 180 degrees. h) Windows. All accessible dwelling windows shall be secure as follows: 1. Sliding glass windows shall be secured on the inside with a locking device capable of withstanding prying or wrenching. An auxiliary lock shall be installed on each sliding window that prevents movement in the sliding track. 2. Louvered windows shall not be used within eight feet of ground level, adjacent structures, or fire escapes. 3. Casement type windows shall be secured with a metal to metal locking device contacting both frames of the window at the meeting edge. Auxiliary locks such as a pin that penetrates both frame structures shall be installed on casement and double hung windows. 4. Windows fitted with a crank type gear opening device shall be fitted with a positive window lock that engages metal to metal. Windows shall not be located within 40 inches of the locking device of any door unless protected by a steel grill with 1/4" minimum diameter bars not more than 2" on center or by a screen with 1/8" diameter wire mesh more than 2" on center mounted on the inside or glazed with 1/4" tempered glass. i) Garage doors. Vehicle garage doors shall be secured with a metal to metal locking device that prevents the door from being pulled or pried up from the outside. No electric garage door openers shall be permitted that will automatically activate when the door is forced open. Garage doors fitted with automatic openers shall be permitted with an alternative form of locking device activated from the interior of the garage. Other garage doors shall comply with all of the provisions of this section. j) Storage areas. Any exterior storage area attached to a dwelling, apartment or condominium and enclosed by a door shall comply with this section or have a minimum 3/8" diameter hardened padlock hasp. Section 4102 Non Residential Security Requirements. a) Doors. Exterior doors which are located at the rear or side or away from the primary entrance shall be solid doors with no glazing and shall be installed in metal frames. Exterior wood doors shall be solid wood construction 1 3/4 inches thick or hollow metal doors. b) Locking device. Exterior swinging doors which are exit doors as setforth in Chapter 33 shall have cylinder dead-bolt locks which shall be openable without the use of key, special effort, or knowledge. In Group B occupancies, a double cylinder dead-bolt lock may be used on the main exit door if there is a readily visible, durable sign on, or adjacent, to the door stating, "this door to remain unlocked during business hours. " The sign shall be in letters not less than 1 inch high on contrasting background. When unlocked the single door and both leaves of a pair of doors shall be free to swing without operation of any latching device. Doors which are not exit doors shall have a double-keyed cylinder dead-bolt. Double doors that are not exit doors shall have the inactive leaf secured with flush-bolts at the top and bottoms. The bolts shall be hardened steel 1/4" minimum diameter and shall engage a metal strike plate to, a minimum depth of 3/8 inch. The dead bolts shall be hardened steel and shall have a minimum of a one inch throw. If the cylinder of the lock protrudes from the face of the door it shall be fitted with a cylinder ring geared so that it cannot be griped with pliers or other wrenching devices. -38- Vehicle door, overhead doors, and sliding doors shall be secured with metal to metal locking devices which prevent the door from opening. c) Strike plates. Strike plates for wood jambs shall be the high security type and shall be secured with a minimum of two wood screws 3" long which shall engage the door studs. d) Jambs. Inswinging doors with wood jambs shall have rabitted jambs. The jambs on the strike side shall have solid shims above and below the strike plates and the opposite jamb shall have solid shims at the level of the strike plate. Both door studs shall be reinforced with horizontal solid blocking at the approximate height of strike. e) Hinges. Exterior doors shall have non-removable hinge pins. f) Sliding glass doors. Sliding glass doors shall comply with Chapter 54. Sliding glass doors shall be fitted with a locking device that shall engage the strike sufficiently to prevent its being disengaged by any possible movement of the door within the space or clearances provided for installation and operation. The bolt and strike shall be reinforced by hardened material so as to prevent their separation by pulling, prying or similar attack. An auxiliary locking device shall be installed on the door which may be a pin, lock, or similar device of not less than 1/4 diameter. The pin shall be of hardened material and engage the metal portion of the sliding door. The primary locking device shall be operable by a keyed or code lock inside. Doors with 2 sliding panels shall be locked at the meeting rails and shall have an auxiliary locking device as described above. g) Windows. All accessible windows which are not located at the front or main entrance side of a non-residential building shall be made secure as follows: 1. Sliding glass windows shall be secured on the inside with a locking device capable of withstanding prying or wrenching. An auxiliary lock shall be installed on each sliding window that prevents movement in the sliding track. 2. Louvered windows shall not be used within eight feet of ground level, adjacent structures, or fire escapes. 3. Casement type windows shall be secured with a metal to metal locking device contacting both frames of the window at the meeting edge. Auxiliary locks such as a pin that penetrates both frame structures shall be installed on casement and double hung windows. 4. Windows shall not be located within 40" of the locking device of any door not locatd on the main entrance side of the non-residential building unless the windows are glazed with 1/4" tempered glass. h) Openable transoms. All exterior openable transoms exceeding 8 x 12 which are not located on the front or main entrance side of a non-residential building shall be protected with a steel grill with 1/4" minimum bars not more than 2" on center or by a screen with 1/8" diameter wire mesh not more than 2" on center mounted on the inside. i) Roof openings. All skylights on the roof of a non-residential building shall be protected by: 1. Iron bars 1/2 inch minimum diameter not more than 8" on center or; 2. A screen with 1/8" diameter wire mesh not more than 2" on center. All roof access hatches of a non-residential building shall be protected as follows: 1. If the hatchway is of wooden material, it shall be covered on the inside with at least 16 gauge sheet steel or its equivalent attached with screws at 6" ; 2. The hatchway shall be secured from the inside with a slide bar or slide bolts; -39- 3. Outside hinges on all hatchway openings shall be provided with non- removable pins when using pin-type hinges. All air duct or air vent openings exceeding 8" x 12" on the roof or exterior walls of any building or premise used for business purposes shall be secured by covering the same with either of the following: 1. Iron bars of at least 1/2" round or 1" x 1/4" flat steel material, spaced no more than 8" apart and securely fastened. j) Exterior ladders. Exterior ladders to the roof are not permitted. Section 22.18 Section 4306, Chapter 43, Part VII: Fire Resistive Assemblies for Protection of Openings. Section 4306 on pages 701-704 is amended by adding a new subsection (m) to read: (m) Combustible Sills and Floor Coverings. Regardless of any other provisions of these regulations or the test standards adopted hereunder, combustible sills and floor coverings may be placed under any fire door having a fire-resistive rating of less than 45 minutes. Carpet and carpet padding floor coverings shall have a minimum critical radiant flux limit of 0.22 watts/cm2 when tested in accordance with the Floor Covering Radiant Panel Test NFPA 253, 1984 edition. Such rating shall be maintained for a distance of 5 feet on all sides of the fire door except as otherwise prohibited by building design and construction. Exception: Installations in existence prior to January 1, 1979. Section 22.19 Section 4401, Chapter 44, Part VIII: Protection of Pedestrians. Section 4401 on page 743 is amended to read: Section 4401 General. No person shall place or store any material or equipment necessary for the work authorized by any building permit on any street or alley or public sidewalk unless an encroachment permit as provided by Title 5, Chapter 1, Alameda County Ordinance Code as adopted by the City of Dublin, has been secured. No person shall perform any work on any building or structure if by so doing he endangers pedestrians on the street that buts the property, unless the protection of pedestrians as specified in the Code is provided. No encroachment permit shall be required for the construction of any railing, fence, or canopy used for the protection of pedestrians if there is a valid building permit in effect for such work and the railing, fence or canopy does not extend beyond the curb or gutter if there is no curb. Section 22.20 Section 4402, Chapter 44, Part VIII: Temporary Use of Streets and Alley. Section 4402 on page 743 is deleted. Section 22.21 Section 4403, Chapter 44, Part VIII: Storage on Public Property. Section 4403 on page 743 is deleted. Section 22.22 Section 4404, Chapter 44, Part VIII: Mixing Mortar on Public Property. Section 4404 on page 743 is deleted. Section 22.23 Section 4405, Chapter 44, Part VIII: Protection of Utilities. Section 4405 on page 743 is deleted. Section 22.24 Section 4501, Chapter 45, Part VIII: General. Section 4501 on page 747 is amended to read: -40 Section 4501. No part of any structure or any appendage thereto shall project beyond the property line of the building site except as specified in this Chapter. Structures or appendages regulated by this Code shall be constructed of materials as specified in Section 1710. The projection of any structure or appendage shall be the distance measured horizontally from the property line to the outermost point of the projection. No provisions of this Chapter shall be construed to permit the violation of other laws or ordinances regulating the use and occupancy of public property. Section 22.25 Section 4502, Chapter 45, Part VIII: Projection into Alleys. Section 4502 on page 747 is deleted. Section 22.26 Section 4503, Chapter 45, Part VIII: Space Below Sidewalks. Section 4503 on page 747 is deleted. Section 22.27 Section 4508, Chapter 45, Part VIII: Signs. A new Section 4508 is hereby added to read as follows: Section 4508 Signs. Signs when placed flat against the wall of a building shall not project beyond the front property line not more than 12 inches. Section 22.28 Section 4706(e) , Chapter 47, Part VIII: Weather-Resistive Barriers. Section 4706(d) on page 753 is amended to read: Section 4706(d) . Nothwithstanding the provisions of 1707 the weather-resistive barrier for exterior stucco shall be either Type 15 felt or Grade D craft building paper having a 60 minute water resistance when tested in accordance with UBC Standard 17-1. Two layers of the weather-resistive barrier shall be applied over wood sheathing. Section 22.29 Chapter 1, Appendix: Life Safety Requirements for Existing Buildings on page 815 through 827 is deleted. Section 22.30 Chapter 32, Appendix: Reroofing on pages 855 and 857 is deleted. Section 22.31 Section 3501, Appendix Chapter 35: Sound Control Transmission. Section 3501(a) on page 858 is amended to read: Section 3501(a) General. In Group R Occupancies, wall and floor-ceiling assemblies separating dwelling units or guest rooms from each other and from public space such as interior corridors and service areas shall provide airborne sound insulation for walls and both airborne and impact sound insulation for floor-ceiling assemblies. Whenever there is a conflict with the provisions of Section 3501 and 3502 of this code and the provisions of Section 3501 and 3501 of Title 24 California Code of Regulations the provisions of Title 24 shall prevail. Section 22.32 Chapter 53, Appendix: Energy Conservation in New Buildings on page 869 & 870 is deleted. Section 22.33 Chapter 70, Appendix: Excavations and Grading. Chapter 70 on pages 871 through 881 is deleted. -41- CHAPTER 3 - ELECTRICAL CODE Article 1 - Title and Scope Article 2 - Exclusions and Modifications Article 3 - Additional Requirements Article 1 - Title and Scope Section 31.0 Title Section 31.1 Purpose Section 31.2 Adoption Section 31.3 Scope Section 31.4 Exceptions Section 31.5 Additions, Alterations and Repairs Section 31.0 Title. The National Electrical Code adopted by Section 31.1 of this Ordinance and the provisons of this Chapter is the City of Dublin Electrical Code and may be cited as such and will be referred to in the National Electrical Code and in this Chapter as "this Code" . Section 31.1 Purpose. The promotion and preservation of the public health, safety, and general welfare of the people of the City of Dublin and the property situated therein have made necessary the adoption of the Electrical Code referred to in Section 31.2 in order to adequately safeguard life, health, property and general welfare. The purpose of this code is not to create or otherwise establish or designate any particular class or groups of persons who will or should be especially protected or benefited by the terms of this code. Section 31.2 Adoption. The "National Electrical Code 1987" published by the National Fire Protection Association, a copy of which is filed in the Office of the City Clerk of the City of Dublin is hereby adopted by reference as the Electrical Code for the City of Dublin pursuant to the provisions of Section 50022.1 et. seq. of the Government Code of the State of California except as hereinafter modified in Article 2 of this Chapter. Section 31.3 Scope. The provisions of this Code shall apply to the installation, erection, construction, enlargement, addition to, alteration, repair, moving, removal, demolition, conversion, use, and maintenance of any electrical wiring, appliances, devices, equipment, and apparatuses used for or in connection with the transmission or use of electrical energy for light, heat, power, radio, signaling communication or for other purposes in any building, structure, or premises within the City of Dublin. The permissive provisions of this Code shall not be presumed to waive any limitations imposed by any other law, ordinance, rule or regulation. If two or more pertinent limitations shall prevail which provide greater safety to life, health, property or public welfare. Electrical appliances and equipment shall be made accessible to the physically handicapped. Whenever there is a conflict between the provisions of this code and Title 24 California Code of Regulation, the provisions of Title 24 shall prevail. -42- Section 31.4 Exceptions. The provisions of this Code shall not apply to: 1. Work located in a public street. 2. Electrical installations within trailer coaches, campers, motor vehicles, railroad cars and aircraft; however, if any of the foregoing are permanently placed on the ground or have their wheels removed for other than temporary repairs, they shall comply with all the provisions of the Electrical Code. 3. Electrical installations within houseboats or other -watercrafts; however, if any of the foregoing are stored out of the water and used for any purpose whatsoever, they shall comply with all the provisions of the Electrical Code. 4. Electrical installations owned or operated by a public utility for the use of such utility in the generation, transmission, distribution or metering of electrical energy. 5. Radio and television receiving equipment, amateur radio transmitting and receiving equipment, and community antenna television systems. Section 31.5 Additions, Alterations and Repairs. 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. Alterations, repairs to, or replacement of equipment in any existing electrical installation shall conform to the applicable provisions of this Code except that the Building Official may allow deviations from the provisions of this Code, provided the deviations are necessary due to the circumstances of the existing conditions; the existing condition was permitted by a previous Code; and such deviation does not create or continue a hazard to life, health, and property. Article 2 - Exclusions and Modifications Article 3 - Additional Regulations Section 33.0 Fire Alarms Section 33.1 Office Receptacle Outlets Section 33.0 Fire Alarms. All fire alarm systems shall conform to the requirements of Title 24, California Administrative Code, Article 3-760. Section 33.1 Office Receptacle Outlets. Section 210-53 is added to read: Section 210-53 Office Receptacle Outlets. In office buildings receptacle outlets shall be installed in all permanent walls or partitions so that no point along the floor line any wall space is more than six (6) feet measured horizontally, from an outlet in that space including any wall space two (2) feet or more in width and the wall space occupied by sliding panels in exterior walls. -43- As used in the section a "wall space" shall be considered a wall unbroken along the floor line by doorways, fireplaces, and similar openings. Each wall space two (2) or more feet wide shall be treated individually and separately from other wall spaces within the room. A wall space shall be permitted to include two or more walls of a room (around corners) where unbroken at the floor line. Receptacle outlets shall, insofar as practicable be spaced equal distances apart. Receptacle outlets in floors shall not be counted as part of the required number of receptacle outlets unless located near the wall. The receptacle outlets required by the section shall be in addition to any receptacle that is part of any lighting fixture or appliance, located within cabinets or cupboards, or located over five and one half (5 1/2) feet above the floor. CHAPTER 4 - PLUMBING CODE Article 1 - Title and Scope Article 2 - Exclusions and Modifications Article 1 - Title and Scope Section 41.0 Title Section 41.1 Purpose Section 41.2 Adoption Section 41.3 Scope Section 41.4 Exceptions Section 41.5 Additions, Alterations and Repairs Section 41.0 Title. The Uniform Plumbing Code adopted by Section 41.2 of this Ordinance and the provisons of this Chapter is the City of Dublin Plumbing Code and may be cited as such and will be referred to in the Uniform Plumbing Code and in this Chapter as "this Code". Section 41.1 Purpose. The promotion and preservation of the public health, safety, and general welfare of the people of the City of Dublin and the property situated therein have made necessary the adoption of the Plumbing Code referred to in Section 41.2 in order to adequately safeguard life, health, property and general welfare. The purpose of this code is not to create or otherwise establish or designate any particular class or groups of persons who will or should be especially protected or benefited by the terms of this code. Section 41.2 Adoption. The "Uniform Plumbing Code 1988 Edition" published by the International Association of Plumbing and Mechanical Officials, a copy of which is filed in the Office of the City Clerk of the City of Dublin is hereby adopted by reference as the Plumbing Code for the City of Dublin pursuant to the provisions of Section 50022.1 et. seq. of the Government Code of the State of California except as hereinafter modified in Article 2 of this Chapter. Section 41.3 Scope. The provisions of this Code shall apply to the installation, erection, construction, enlargement, addition to, alteration, repair, moving, 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 of Dublin. -44- The permissive provisions of this Code shall not be presumed to waive any limitations imposed by any other law, ordinance, rule or regulation. If two or more pertinent limitations shall prevail which provide greater safety to life, health, property or public welfare. Section 41.4 Exceptions. The provisions of the Plumbing Code shall not apply to: 1. Work located in a public street. 2. Plumbing systems within trailer coaches, campers, motor vehicles, railroad cars and aircraft; however, if any of the foregoing are permanently placed on the ground or have their wheels removed for other than temporary repairs, they shall comply with all the provisions of the Plumbing Code. Plumbing fixtures and equipment shall be made accessible to the physically handicapped. Whenever there is a conflict between the provisions of Title 24 California Code of Regulations, the provisions of Title 24 shall prevail. 3. Plumbing systems within houseboats or other watercrafts; however, if any of the foregoing are stored out of the water and used for any purpose whatsoever, they shall comply with all the provisions of the Plumbing Code. 4. Building sewers as defined in Chapter 1 of the Uniform Plumbing Code located within the boundaries of a sanitary district and such district has regulations for building sewers and such regulations are in force. 5. Sewage treatment and collection facilities of a sanitary district. 6. Water treatment, storage, transmission and distribution facilities of a water district or water company regulated by the Public Utilities Commission. 7. Gas storage, transmission and distribution facilities owned by a public utility. 8. Wells and water supply systems for irrigation and watering livestock provided such water is not used for human consumption. Section 41.5 Additions, Alterations and Repairs. All work done in connection with an addition to an existing plumbing installation shall conform to the applicable provisions of this Code. In addition, any portion of an existing plumbing installation which would become overloaded or have its capacity exceeded as determined by the standards in this Code for new installation as a result of the addition shall be made to conform to the applicable provisions of this Code. Alterations, repairs to, or replacement of equipment in any existing plumbing installation shall conform to the applicable provisions of this Code except that the Building Official may allow deviations from the provisions of this Code, provided the deviations are necessary due to the circumstances of the existing conditions; the existing condition was permitted by a previous Code; and such deviation does not create or continue a hazard to life, health, and property. Article 2 - Exclusions and Modifications Section 42.1 Part 1 Administration Section 42.2 Section 314(a) , Chapter 3: Repairs and Alterations Section 42.3 Section 401, Chapter 4: Materials Section 42.4 Section 503, Chapter 5: Materials -45- Section 42.5 Section 1001, Chapter 10: Running Water Required Section 42.6 Section 1004, Chapter 10: Materials Section 42.7 Section 1007, Chapter 10: Water Pressure, Pressure Regulators & Pressure Relief Valves Section 42.8 Section 1101, Chapter 11: Sewer Required Section 42.9 Section 1110, Chapter 11: Location Section 42.10 Section I-1, Appendix 1: Private Sewage Disposal (General) Section 42.11 Section I-2, Appendix 1: Capacity of Septic Tanks Section 42.12 Section I-5, Appendix 1: Allowable Rate of Sewage Application to a Soil Absorption System Section 42.13 Section I-3, Appendix 1: Area of Disposal Fields and Seepage Pits Section 42.14 Table 1-4, Appendix 1 Section 42.15 Section 1-4, Appendix 1: Percolation Tests Section 42.16 Section 1-6(c) , Appendix 1: Disposal Fields Section 42.17 Section 1-7(a) , Appendix 1: Seepage Pits Section 42.18 Section 1-8, Appendix 1: Cesspools Section 42.19 Table 1-1, Appendix 1: Location of Sewage Disposal System Section 42.1 Part 1 Administration. Part 1 on pages 1(a) through 6(a) is deleted. Section 42.2 Section 314(a) , Chapter 3: Repairs and Alterations. Section 314(a) on page 31 are deleted. Section 42.3 Section 401, Chapter 4: Materials. Section 401 on page 37 is amended to read: Section 401 Materials. (a) Drainage pipe shall be cast iron, galvanized steel, galvanized wrought iron, lead, copper, brass, ABS, PVC, or other approved materials having a smooth and uniform bore, except: 1. That no galvanized wrought iron or galvanized steel pipe shall be used underground and shall be kept at least six (6) inches (152.4 mm) above ground. 2. ABS or PVC installations limited to residential construction, not more than two(2) stories in height. The City Council interprets this section to mean ABS or PVC may be used on the top two stories of multi-story residential construction. 3. No vitrified clay pipe or fittings shall be used above ground or where pressurized by a pump or ejector. They shall be kept at least twelve (12) inches ( .3m) below ground. (b) Drainage fittings shall be of cast iron, malleable iron, lead, brass, copper, ABS, PVC or other approved materials having a smooth interior waterway of the same diameter as the piping served and all such fittings shall conform to the type of pipe used. 1. Fittings on screwed pipe shall be of the recessed drainage type. Burred ends shall be reamed to the full bore of the pipe. 2. The threads of drainage fittings shall be tapped so as to allow one fourth (1/4) inch per foot (20.9 mm/m) grade. -46- Section 42.4 Section 503, Chapter 5, Materials. Section 503 on page 47 is amended to read: Section 503 Materials. (a) Vent pipe shall be cast iron, galvanized steel, galvanized wrought iron, lead, copper, brass ABS, PVC, or other approved materials; except: 1. That no galvanized wrought iron or galvanized steel pipe shall be used underground and shall be kept at least six (6) inches (152.4mm) above ground. 2. ABS or PVC installations limited to residential construction, not more than t�ao (2) stories in height. The City Council interprets this section to mean ABS or PVC may be used on the top stories of multi-story residential construction. (b) Vent fittings shall be cast iron, galvanized malleable iron or galvanized steel, lead, copper, brass, ABS, PVC, or other approved materials, except that no galvanized malleable iron or galvanized steel fittings shall be used underground and shall be kept at least six (6) inches (152.mm) above ground. (c) Changes in direction of vent piping shall be made by the appropriate use of approved fittings and no such pipe shall be strained or bent. Burred ends shall be reamed to the full bore of the pipe. Section 42.5 Section 1001, Chapter 10: Running Water Required. Section 1001 on page 73 is amended to read: Section 1001 Running Water Required. (a) Each plumbing fixture shall be provided with an adequate supply of potable running water piped thereto in an approved manner, so arranged as to flush and keep it in a clean and sanitary condition without danger of backflow or cross-connection. Water closets shall be flushed by means of an approved tank or flushometer valve. (b) Such water supply be either (1) a public water system conforming to the provisions of Division 5, Part 1, Chapter 7, Health and Safety Code, and Division 11, Part 5, Chapter 2, Article 2, Section 22264, Water Code of the State of California, (2) a local small water system, or (3) an approved individual water supply. (c) A local small water system is defined as a water system which serves (1) more than one but less than five service connections, (2) less than twenty-five year-long residents, and (3) any number of nonresident individuals greater than sixty days per year. All such water systems shall be designed, constructed, operated, and maintained in compliance with the requirements of the Division of Environmental Health as contained in their Small Water System Handbook. (d) Quality. All water systems shall meet the primary Drinking Water Standards contained in Title 22 of the .California Administrative Code. The secondary Drinking Water Standards contained in Title 22 of the California Administrative Code shall be met by all water systems, subject to any current variances or other authorized exception. All examinations of water required by this Ordinance shall be performed by a laboratory approved by the California Department of Health Services. -47- (e) Quality. Sufficient water shall be available from the water source or sources and storage facilities to supply adequately, dependably, and safely the total requirements of all users under maximum daily demand condition. Total requirements for a water system shall be determined from the total source capacity, total storage volume, and total number of service connections. The procedures for determining source quality shall be in accordance with the specifications contained in Division 4, Chapter 15, Article 2, Title 22 of the California Administrative Code. (f) Individual Water System - Quality and Quantity 1. Quality Bacteriological. The water from an individual system, installed for domestic use, shall be examined by the Division of Environmental Health on completion of the system. The water tested shall be bacteriologically acceptable for domestic use. Chemical. An analysis for specific organic or inorganic chemical constituents in the water may be required when there is evidence that such constituents may be present and which are considered by the Division of Environmental Health to be a risk to human health. Physical. Tests for odor, color, turbidity, pH, or other physical properties of the water may be required when there is evidence the water meter not be acceptable, potable, or palatable for human consumption. 2. Quantity - Source Wells. The well or wells shall provide as their total capacity a continuous flow of five (5) gallons per minute to the potable water piping system of the structure. In the event that the well or wells will not produce the required five (5) gallons per minute, the Division may consider a continuous flow of three (3) gallons per minute and a one thousand two hundred (1200) gallon storage tank to be acceptable. The Division of Environmental Health may require a sustained yield pump test or historical records acceptable to the Division of the well or wells documenting their capacity. Sustained yield tests when required shall be conducted in accordance with the procedures described in Title 22, Section 64563, of the California Administrative Code. Other Sources. These sources, included but not limited to streams, springs, infiltration galleries, etc. , shall provide a sustained yield of at least one (1) gallon per minute in conjunction with a catchment basin or storage of at least three thousand (3000) gallons. Other yields and required storage shall meet the same minimum requirements as for wells. Adequate documentation acceptable to the Division of Environmental Health shall be submitted certifying the sources to be perennial. (g) When it has been demonstrated that a water source exists that does not comply, with this Chapter and that such failure to meet the requirements of the Division of Environmental Health is a danger, or is likely to cause a hazard to human health the Division may request the Building Inspector to withhold the issuance of a requested building permit or any certification for a structure. (h) All water wells shall comply with the provisions of Article 14, Chapter 6, Title 3 of the Alameda County Ordinance Code. -48- Y Section 42.6 Section 1004, Chapter 10: Materials. Section 1004 on page 75 is amended to read: Section 1004 Materials. (a) Water pipe and fittings shall be of brass, copper, cast iron, galvanized malleable iron, galvanized wrought iron; galvanized steel, or other approved materials. Asbestos-cement, PE, or PVC water pipe manufactured to recognized standards may be used for cold water distribution systems outside a building. All materials used in the water supply system, except valves and similar devices shall be of a like material, except where otherwise approved by the Administrative Authority. (b) Cast iron fittings up to and including to (2) inches (50.8 mm) in size, when used in connection with potable water piping shall be galvanized. (c) All malleable iron water fittings shall be galvanized. (d) Piping and tubing which has previously been used for any purpose other than for potable water systems shall not be used. (e) Approved plastic materials may be used in water service piping, provided that where metal water service piping is used for electrical grounding purposes, replacement piping therefore shall be of like materials. (f) Solder shall conform to the requirements of Section 802(d) . Section 42.7 Section 1007, Chapter 10: Water Pressure, Pressure Regulators and Pressure Relief Valves. Section 1007 on pages 78 & 79 is amended by adding a new subsection (h) to read: (h) Each riser or branch shall be provided with an accessible sectionalizing valve in hot-and cold-water systems to permit servicing or replacement of piping or equipment. Stop valves shall be provided at each fixture. Section 42.8 Section 1101, Chapter 11: Sewer Required. Section 1101 on page 85 is amended to read: Section 1101 Sewer Required. Every building in which plumbing fixtures are installed and every premises having drainage piping thereon shall have a connection to ,a public sewer. Except that where there is no available public sewer within 200 feet, measured along streets, alleys, or public right-of-way upon which a lot abuts, and when the size of the property is in excess of 40,000 square feet, drainage piping from any building or works may be connected to an approved private sewage disposal system. All such sewage disposal systems shall be designed, constructed, operated, and maintained in compliance with the Health Officer's regulations. Notwithstanding the provisions of Section 320 and Section 11.8 of this Ordinance, whenever a public sewer is extended so as to become within 200 feet of any premises having a private sewage disposal system, said private sewage disposal system shall be abandoned and the building sewer shall be connected to the public sewer. -49- No permit shall be issued for the installation, alteration or repair of any private sewage disposal system or part thereof of any premises for which a public sewer is within 200 feet. On every lot or premises hereafter connected to a public sewer, all plumbing and drainage systems or parts thereof on such lot or premises shall be connected to such public sewer. Section 42.9 Section 1110, Chapter 10: Location. Section 1110 on page 88 is amended by adding a new Subsection (c) . (c) It shall be unlawful to sell, transfer, divide, or set off any portion of any lot which in any way reduce the minimum areas set forth in Section 1101 or reduce the minimum distances set forth in Table 1-1. Section 42.10 Section 1-1, Appendix 1: Private Sewage Disposal (General) . Section 1-1(c) and (d) on page 16 are amended to read: (c) Disposal systems shall be designed to utilize the most porous or absorptive portions of the soil formantion. Where the ground water level extends to within five feet or less of the bottom of any trench which is to be utilized as a portion of a leach field or where the upper soil is porous and the underlying stratum is rock or impervious soil, a septic tank and disposal field system shall not be installed. Disposal systems shall only be permited in undisturbed ground areas or where the depth of any cut or fill does not exceed 18" . Disposal systems shall not be permitted where the slope exceeds 23% or in areas with unusual or unstable geologic conditions. Soil or geologic investigation reports, which may be required under Section 2905 of the Building Code, shall include an evaluation of the geologic suitability of any location of a proposed septic disposal field. Section 42.11 Section I-2, Appendix 1: Capacity of Septic Tanks. Section I-2 on pages 182 & 183 is deleted. Section 42.12 Table I-5, Appendix I. Table 1-5 on page 196 is amended to read: TABLE 1-5 ALLOWABLE RATE OF SEWAGE APPLICATION TO A SOIL ABSORPTION SYSTEM Maximum Rate of Sewage Percolation Rate Application Gallons Per Minutes Per Inch Inches Per* Inch Square Foot Per Day 5 12 2.2 10 6 1.6 15 4 1.3 30 2 0.9 45 1 1/2 0.8 60 1 0.6 *Unsuitable for leaching system if more than 12 inches per hour or less than 1 inch per hour. -50- SEPTIC TANK CAPACITY Number of Bedrooms Capacity in Gallons 1 to 4 1,015 5 to 6 1,440 7 1,810 8 2,250 9 to 12 2,812 Section 42.13 Section I-3, Appendix I: Area of Disposal Fields and Seepage Pits. Section 1-3 on pages 183 is amended to read: The minumum effective absorption area for disposal fields in square feet of trench bottom shall be predicated on either: 1. The required septic tank capacity in gallons and shall conform to the requirements of Table 1-5; or 2. In the case of a residence, the number of bedrooms to be connected to the system and shall conform to the requirements of Table 1-4. A minimum of two hundered (200) square feet of trench bottom shall be provided for each system exclusive of any hard pan, rock, clay or other impervious formations. Section 42.14 Table I-4: Appendix I: Table I-4 on page 196 is amended to read: TABLE I-4 ABSORPTION AREA REQUIREMENTS FOR PRIVATE RESIDENCES (Provides for Garbage-Grinder and Automatic-Sequence Washing Machines) Required Absorption Area in Percolation Rate Minutes Per Square Feet Inch Inches Per Hour Per Bedroom 5 12 90 10 6 120 15 4 150 30 2 180 45 1 1/2 240 60 1 270 Section 42.15 Section I-4, Appendix I: Percolation tests. Section I-4, Subsections (a) and (b) on pages 183 & 184 are amended to read: (a) Percolation tests shall be made at each disposal field site. Not less than three (3) tests shall be made at points distributed within the disposal field site. The tests shall be conducted as prescribed or approved by the Health Officer. (b) Each test shall be made with clear water in an excavation which has been continuously soaked during at least 24 hours prior to the test. Section 42.16 Section 1-6, Appendix 1: Disposal Fields. Section 1-6(i) on page 185 is deleted and Section 1-6(i) on page 185 is amended to read: -51- (h) Disposal fields shall be constructed as follows: Minimum number of drain lines per field . . 1 Maximum length of each line . . . . . . . . 100 feet Minimum bottom width of trench . . . . . . 28 inches Maximum bottom widht of trench . . . . . . 36 inches Minimum spacing of lines center to center 6 feet Minimum depth of earth cover over lines . 12 inches Preferred depth of cover of lines . . . . . 18 inches *Maximum grade of lines . . (per 100 feet) 6 inches Building Sewer and Private Systems *Minimum Grade of lines . . (per 100 feet) 3 inches Minimum filter material under drain lines 20 inches Minimum filter material over drain lines 2 inches Maximum depth of trench . . . . . . . . . . 5 feet Minimum spacing between trenches or leaching beds: shall be four (4) feet plus two (2) feet for each additional foot of depth in excess of one (1) foot below the bottom of the drain line. *When perforated pipe is used it shall be laid level and with the end of the line capped. Where leaching beds are permitted in lieu of trenches the area of each such bed shall be at least fifty (50) percent greater than the tabular requirements for trenches. Distribution drain lines in leaching beds shall not be more than six (6) feet apart on centers and no part of the perimeter of the leaching bed shall be more than three (3) feet from a distribution drain line. When necessary on sloping ground to prevent excessive line slope, leach lines or leach beds shall be stepped. The lines between each horizontal section shall be made with watertight joints and shall be designed so each horizontal leaching trench or bed shall be utilized to the maximum capacity before the effluent shall pass to the next lower leach line or bed. The lines between each horizontal leaching section shall be made with approved watertight joists. Section 42.17 Section I-7(a) , Appendix I: Seepage Pits. Section 1-7(a) on pages 187 & 188 is amended to read: The installation of seepage pits shall be based on the quantity of liquid wastes discharged there into and the character and porosity of the surrounding soil and shall conform to Section I-3 of this Appendix. Section 42.18 Section I-8, Appendix I: Cesspools. Section 1-8 on page 189 is amended to read: The installation of cesspools shall not be permitted. Section 42.19 Table I-1, Appendix I: Location of Sewage Disposal Systems. Table I-1 on page 193 is amended to read: -52- TABLE I-1 LOCATION OF SEWAGE DISPOSAL SYSTEM Minimum Horizontal Distance is Clear Required from: Building Septic Disposal Sewer Tank Field Cuts, embankments - - 4h feetl Buildings or Structures 2 2 feet 10 feet 10 feet Property line adjoining private property Clear 20 feet 10 feet Water supply wells 50 feet 50 feet 100 feet Streams, Ponds 50 feet 50 feet 100 feet Large trees - 10 feet - Disposal field - 5 feet 4 feet4 Domestic water line 1 foot5 5 feet 10 feet Distribution box - - 5 feet Swimming Pool - 10 feet 25 feet Drainage way, ephermal streams - 50 feet 50 feet NOTE: When disposal fields are installed in sloping ground, the minimum horizontal distance between any part of the leaching system and ground surface shall be fifteen (15) feet. 1. Distance in feet equals four times the vertical height of the bank. Distance is measured from the top edge of the bank. When an impermeable layer intersects a cut the setback shall be 100 feet. (h — vertical height of embankment. ) 2. Including porches and steps whether covered or uncovered, breezeways, roofed porte-cocheres, roofed patios, carports, covered walk, covered driveways and similar structures or appurtenances. 3. All nonmetallic drainage piping shall clear domestic water supply wells by at least fifty (50) feet. This distance may be reduced to not less than twenty- five (25) feet when approved type metallic piping is installed. Where special hazards are involved the distance required shall be increased, as may be directed by the Health Officer or the Administrative Authority. 4. Plus two (2) feet for each additional foot of depth in excess of one (1) foot below the bottom line of the drain line. (See also Section 1-6) 5. See Section 1108. CHAPTER 5 - MECHANICAL CODE Article 1 - Title and Scope Article 2 - Exclusions and Modifications Article 1 - Title and Scope Section 51.0 Title Section 51.1 Purpose Section 51.2 Adoption Section 51.3 Scope Section 51.4 Exceptions Section 51.5 Additions, Alterations and Repairs -53- Section 51.0 Title. The Uniform Mechanical Code adopted by Section 51.2 of this Ordinance and the provisions of this Chapter is the City of Dublin Mechanical Code and may be cited as such and will be referred to in the Uniform Mechanical Code and in this Chapter as "this Code" . Section 51.1 Purpose. The promotion and preservation of the public health, safety, and general welfare of the people of the City of Dublin and the property situated therein have made necessary the adoption of the Mechanical Code referred to in Section 51.2 in order to adequately safeguard life, health, property and general welfare. The purpose of this code is not to create or otherwise establish or designate any particular class or groups of persons who will or should be especially protected or benefited by the terms of this code. Section 51.2 Adoption. The "Uniform Mechanical Code 1988" published by the International Association of Plumbing and Mechanical Officials and the International Conference of Building Officials, a copy of which is filed in the Office of the City Clerk of the City of Dublin is hereby adopted by reference as the Mechanical Code for the City of Dublin pursuant to the provisions of Section 50022.1 et. seq. of the Government Code of the State of California except as hereinafter modified in Article 2 of this Chapter. Section 51.3 Scope. The provisions of this Code shall apply to the installation, erection, construction, enlargement, addition to, alteration, repair, moving, removal, demolition, replacement, conversion, use, and maintenance of any heating, ventilating, comfort cooling, refrigeration systems, incinerators or other heat producing appliances, in any building, structure, or premises within the City of Dublin. The permissive provisions of this Code shall not be presumed to waive any limitations imposed by any other law, ordinance, rule or regulation. If two or more pertinent limitations shall prevail which provide greater safety to life, health, property or public welfare. Mechanical appliances and equipment shall be made accessible to the physically handicapped as required by Title 24 California Code of Regulations. Whenever there is a conflict in the provisions of this code and Title 24, the provisions of Title 24 shall prevail. Section 51.4 Exceptions. The provisions of the Mechanical Code shall not apply to: 1. Work located in a public street. 2. Heating, ventilating, comfort cooling, refrigeration systems, incinerators or other heating or cooling appliances within trailer coaches, campers, mobile homes, motor vehicles and airplanes; however, if any of the foregoing are permanently placed on the ground or have their wheels removed for other than temporary repairs, they shall comply with all the provisions of this Code. 3. Heating, ventilating, comfort cooling, refrigeration systems, incinerators or other heating or cooling appliances within houseboats or other watercrafts; however, if any of the foregoing are stored out of the water and used for any purpose whatsoever, they shall comply with all the provisions of this Code. -54- Section 51.5 Additions, Alterations and Repairs. 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 installation as a result of the addition shall be made to conform to the applicable provisions of this Code. Alterations, repairs to, or replacement of equipment in any existing mechanical installation shall conform to the applicable provisions of this Code except that the Building Official may allow deviations from the provisions of this Code, provided the deviations are necessary due to the circumstances of the existing conditions; the existing condition was permitted by a previous Code; and such deviation does not create or continue a hazard to life, health, and property. Article 2 - Exclusions and Modifications Section 52.0 Part 1: Administration. Part I on pages 11 through 23 is deleted. CHAPTER 6 - HOUSING CODE Article 1 - Title and Scope Article 2 - Exclusions and Modifications Article 1 - Title and Scope Section 61.0 Title Section 61.1 Purpose Section 61.2 Adoption Section 61.3 Scope Section 61.0 Title. The Uniform Housing Code adopted by Section 61.2 of this Ordinance and the provisions of this Chapter is the City of Dublin Housing Code and may be cited as such and will be referred to in the Uniform Housing Code and in this Chapter as "this Code" . Section 61.1 Purpose. The promotion and preservation of the public health, safety, and general welfare of the people of the City of Dublin and the property situated therein have made necessary the adoption of the Housing Code referred to in Section 61.2 in order to adequately safeguard life, health, property and general welfare. The purposes of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code. Section 61.2 Adoption. The "Uniform Housing Code 1988 Edition" published by the International Conference of Building Officials, a copy of which is filed in the Office of the City Clerk of the City of Dublin is hereby adopted by reference as the Housing Code for the City of Dublin pursuant to the provisions of Section 50022.1 et. seq. of the Government Code of the State of California except as hereinafter modified in Article 2 of this Chapter. Section 61.3 Scope. The provisions of this Code shall apply to all buildings or portions thereof used, or designed or intended to be used, for human habitation. Such occupancies in existing buildings may be continued as provided in Section 11.8 of this Ordinance, except such as are found to be substandard as defined in this code. -55- Where any building or portion thereof is used or intended to be used as a combination apartment house-hotel, the provisions of this Code shall apply to the separate portions as if they were separate buildings. Every rooming house or lodging house shall comply with all the requirements of this Code for dwellings. Article 2 - Modifications and Exclusions Section 62.0 Chapter 1:, Title and Scope Section 62.1 Chapter 2: Enforcement Section 62.2 Chapter 3: Permits and Inspections Section 62.3 Section 505, Chapter 5: Sanitation Section 62.4 Chapter 11: Notices and Orders of Building Official Section 62.5 Chapter 12: Appeal Section 62.6 Chapter 13: Procedures for Conduct of Hearing Appeals Section 62.7 Chapter 14: Enforcement of the Order of the Building Official of the Board of Appeals Section 62.8 Chapter 15: Performance of Work of Repair or Demolition Section 62.9 Chapter 16: Recovery of Cost of Repair or Demolition Section 62.0 Chapter 1: Title and Scope. Chapter 1 on page 9 is deleted. Section 62.1 Chapter 2: Enforcement. Chapter 2 on pages 10 and 11 is deleted. Section 62.2 Chapter 3: Permits and Inspections. Chapter 3 on page 12 is deleted. Section 62.3 Section 505, Chapter 5: Sanitation. Section 505 on pages 16 and 17 is amended by adding new Subsections (h) , (i) , and (j) to read: (h) Garbage Receptacles. An adequate number of appropriate receptacles with close- fitting covers for garbage and rubbish as may be considered necessary by the enforcing agency shall be provided for the occupant of every dwelling unit by the owner or operator of every apartment house, hotel, or combination thereof. Each receptacle shall be kept in a clean condition and in good repair. (i) Bedding. In every apartment house or hotel every part of every bed, including the mattress, sheets, blankets, and bedding shall be kept in a clean, dry, and sanitary condition, free from filth, urine, or other foul matter; and from infection of lice, bedbugs, or other insects. The bed linen shall be changed before a new guest occupies the dwelling unit. (j) Caretaker. A manager, janitor, housekeeper, or other responsible person shall reside upon the premises and shall have charge of every apartment house in which there are sixteen (16) or more apartments and of every hotel in which there are twelve (12) or more guest rooms, in the event that the owner of any such apartment house or hotel does not reside upon said premise. If the owner does not reside upon the premises of any apartment house in which there are more than four (4) but less than sixteen (16) apartments, a notice stating his name and address, or name and address of his agent in charge of the apartment house shall be posted in a conspicuous place on the premises. Section 62.4 Chapter 11: Notices and Orders of Building Official. Chapter 11 on pages 25, 26, and 27 is deleted. -56- Section 62.5 Chapter 12: Appeal. Chapter 12 on pages 28 and 29 is deleted. Section 62.6 Chapter 13: Procedures for Conduct of Hearing Appeals. Chapter 13 on pages 30, 31, 32, and 33 is deleted. Section 62.7 Chapter 14: Enforcement of the Order of Building Official or the Board of Appeals. Chapter 14 on pages 34 and 35 is deleted. Section 62.8 Chapter 15: Performance of Work of Repair or Demolition. Chapter 15 on page 36 is deleted. Section 62.9 Chapter 16: Recovery of Cost of Repair or Demolition. Chapter 16 on pages 37, 38, and 39 is deleted. CHAPTER 7 - ABATEMENT OF NUISANCES Article 1 - General Article 2 - Requirements Article 3 - Procedure for Assessments of Cost of Abatement Article 1 - General Section 71.0 Purpose Section 71.1 Substandard Property Section 71.2 Substandard Conditions Section 71.3 Abatement Section 71.4 Demolition Section 71.5 Party Concerned Section 71.6 Enforcement Official Section 71.7 Hearing Officer Section 71.8 Right of Entry Section 71.9 Clerk Section 71.0 Purpose. It is the purpose of the provisions of this Chapter to develop an equitable and practicable alternative method, to be cumulative with and in addition to, any other remedy available at law, whereby substandard property which endangers the health, property, safety, or welfare of the public or its occupants, may be required to be abated. Section 71.1 Substandard Property. The term "substandard property" shall include any building, structure or land upon which substandard conditions exist. Section 71.2 Substandard Conditions. Substandard conditions shall include but are not limited to the following: (a) An existing building, structure, electrical, plumbing or mechanical installation or portion thereof which is dangerous as defined in Section 11.4, which is substandard as defined in Section 11.5, or which is illegal as defined in Section 11.6. (b) The existence of any other condition to an extent that endangers the life, limb, health, property, safety, or welfare of any person. -57- Section 71.3 Abatement. The term "abatement" shall include but not be limited to demolition, removal, repair, vacation, maintenance, construction, replacement, reconditioning of structures, buildings, appliances or equipment; and to the correction or elimination of any substandard condition upon substandard property. Section 71.4 Demolition. Whenever the word "demolish" or "demolition" is used in this Chapter, it shall include the removal of the resulting debris from such demolition and the protection by filling of excavations exposed by such demolition and abandoment of sewer or other waste disposal facilities as may be required by this Ordinance or other laws. Section 71.5 Party Concerned. (a) As used in this Chapter "party concerned" means the person, if any in real or apparent charge and control of the substandard property, the record owner, the holder of any mortgage, trust deed or other lien or encumbrance of record, the owner or holder of any lease of record, the record holder of any other estate or interest in or to such property. As used in this paragraph all reference to "record" means matters of record in the Office of the County Recorder of the County of Alameda which definitely and specifically describes the premises involved. Section 71.6 Enforcement Official. The enforcement official or his designee shall be the person authorized to administer the provision of this Chapter shall be as follows: (a) The Building Official for matters regulated in Chapters 2, 3, 4, 5, and 6 of this Ordinance except as set forth in Subdivision (b) . (b) The Alameda County Health Officer for matters pertaining to private water supplies, private sewage disposal systems, infestation of insects, vermin or rodents, storage and removal of garbage, sanitation of bedding. (c) The Director of Public Works for matters regulated in Ordinance No. 56-87. Section 71.7 Hearing Officer. The Hearing Officer authorized to conduct hearings under this Chapter or his designee shall be as follows: 1. The Alameda County Health Officer in proceedings initiated by the Director of the Environmental Health Division. 2. The City Council in proceedings initiated by the Building Official or Director of Public Works. Section 71.8 Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Code or whenever the Enforcement Official or Hearing Officer has reasonable cause to believe that a violation of this Ordinance exists in any building or any premises, or there exists in any building or upon any premises Iany condition which makes the building or premises dangerous, substandard, unsanitary, or a menace to life, health or property, he may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him by law, ordinance, rule, or regulation; provided that if such building or premises is occupied, he shall first present proper credentials and demand entry: If such entry is refused, the Enforcement Official shall have recourse to every remedy provided by law to secure entry, specifically as provided in Code of Civil Procedure Sections 1822.50 et seq. -58- Section 71.9 Clerk. Unless otherwise specified the term "clerk" refers to the City Clerk of the City of Dublin. Article 2 - Requirements Section 72.0 Determination of Enforcement Official Section 72.1 Informal Notice Section 72.2 Order of Enforcement Official Section 72.3 Service of Notice Section 72.4 Declaration of Substandard Property Section 72.5 Hearing Section 72.6 Standards for Abatement Section 72.7 Order of Hearing Officer Section 72.8 Work by Private Party of Agency Section 72.9 Penalties Section 72.10 Abatement Fund Section 72.0 Determination of Enforcement Official. Whenever the Enforcement Official determines by inspection that any existing building or portion thereof, or any lot or other premises, is substandard property, as defined in this Chapter, such building or premises, or both, are hereby declared a public nuisance, and the Enforcement Official may order the abatement of the nuisance by demolition, repair or rehabilitation of the substandard building portion thereof or at the option of the party concerned by demolition thereof. The order also may require that the building be vacated. If the premises are substandard the Enforcement Official also may order that the substandard conditions be removed. Section 72.1 Informal Notice. When the Enforcement Official has so found, in addition to any notices hereafter required by this Chapter, he may give to the occupants of the substandard property, and to any other person whom he deems should be so notified, information concerning the provisions of this Chapter, any violation thereof, how the person notified may comply and any other information as he deems expedient. He may post such information on the substandard property. Section 72.2 Order of Enforcement Official. (a) If, in the opinion of the Enforcement Official, the property is found to be substandard, the Enforcement Official may give to the party concerned written notice thereof. (b) The notice shall set forth the street address and a legal description or the County Assessor's designation of the premises, contain a concise but complete description of the facts constituting the public nuisance with reference to applicable Code sections; and the proposed method of abatement. (c) The notice may require the owner or person in charge of the substandard property to complete the required abatement of the substandard conditions within 30 days, or such other time limit as the Enforcement Official may stipulate; and shall direct them to appear before the Hearing Officer at a stated time and place and show cause why such substandard property should not be condemned as a nuisance and said nuisance be abated as herein provided. -59- (d) The notice shall advise the owner or person in charge or control of the building, structure or premiese, and all interested persons, that failure to appear at the hearing may be deemed an admission by him of the acts or omissions charged in the notice, and that the Hearing Officer may order abatement solely based upon the notice and the admission of the content thereof; or (e) EXCEPTION: Whenever substandard property or portion thereof constitutes an immediate hazard to health or property, and in the opinion of the Enforcement Official the conditions are such that repairs or demolition or other work necessary to abate the hazard must be undertaken sooner than provided by the procedures set forth in this Chapter, he may make such alterations or repairs, or cause such other work to be done to the extent necessary to abate the substandard condition and protect health or property, after giving such notice to the parties concerned as the circumstances will permit or without any notice whatever, when, in his opinion, immediate action is necessary. Section 72.3 Service of Notice. (a) A copy of the notice shall be posted in a conspicuous place upon the building or structure or otherwise on the substandard property which is the subject of the proceeding. (b) Service of the notice upon the party concerned shall be by personal service, by registered or certified mail. Service by mail shall be effective on the date of mailing, postage prepaid and return receipt requested, to each person at his addres as it appears on the last equalized assessment roll, or as known to the Enforcement Official. If no such address so appears, or is not so know, than the notice shall be mailed to such person at the address of the building, structure, or premises involved in the proceedings. The failure of any owner or other person to receive mailed notice shall not affect in any manner the validity of any proceedings taken hereunder. An affidavit of service shall be filed, together with a copy of said notice, in the proceedings certifying the time and manner in which such notice was served. (c) The notice of hearing shall be posted and served at least five (5) days prior to the date set for hearing. Section 72.4 Declaration of Substandard Property. The Enforcement Official may file with the County Recorder a declaration that substandard property has been inspected and found to be such, as defined in this Chapter, and that all parties concerned have been or will be notified. After the Enforcement Official finds that the public nuisance has been abated and that such abatement has been accomplished at no cost to the City, or that such costs have been placed upon the tax rolls as a special assessment pursuant to Section 25845 of the Government Code, or when the Enforcement Official's jurisdiction has been pre-empted by government acquisition of the property, he shall record in the Office of the County Recorder a document terminating the above declaration. Section 72.5 Hearing. The Hearing Officer shall conduct the abatement hearing subject to the following: 1. The Enforcement Official shall present competent evidence that the subject property falls within the definition of public nuisance; as to the method reasonably to correct the nuisance; and as to such other matters deemed pertinent by the Hearing Officer. -60- 2. The parties to the abatement hearing shall be entitled to be represented by counsel. 3. The hearing shall be conducted in an impartial and informal manner in order to encourage free and open discussion by participants. 4. All testimony shall be submited under oath or affirmation and shall be subject to cross-examination. 5. The Hearing Officer shall not be bound by the rules of evidence applicable in judicial proceedings. 6. The proceedings at the hearing shall be reported by a phonographic reporter or otherwise perpetuated by electronic means; or in lieu thereof stenographic notes may be taken and the substance thereof subsequently transcribed. 7. The decision of the Health Officer acting as the Hearing Officer shall be in writing and shall be final. However, the aggrieved party may appeal such decisions, by filing a written notice of appeal with the Hearing Officer within five (5) days after service of the order of abatement pursuant to Section 7- 100.17(e) . The appeal shall be heard by the City Council which may affirm, amend or reverse the decision or take other action deemed appropriate. The decision of the City Council acting as Hearing Officer is final. 8. Any judicial action to modify or set aside the final decisions shall be commenced no later than thirty days after the completion and exhaustion of the foregoing administrative procedures. Section 72.6 Standards for Abatement. The following standards shall be followed in substane by the Hearing Officer in determining what, if any, form, of abatement shall be ordered. (a) Any order to demolish may initiate an alternative permission to repair and an order to repair may be satisfied by demolition. (b) If the condition can be reasonably repaired so that it will no longer exist in violation of this Ordinance, it shall be ordered repaired. (c) If the condition renders the building or structure dangerous to the health, safety or general welfare of its occupants, it shall be ordered vacated. (d) In any case where a dangerous building or structure is more than fifty (50) percent damaged, or decayed or deteriorated, it may be demolished. (d) In all cases where a substandard condition cannot reasonably be repaired so that it will no longer exist in violation of this Ordinance, it may be demolished or removed. Section 72.7 Order of Hearing Officer. (a) Within thirty (30) days after the conclusion of the hearing the Hearing Officer shall render his decision, either terminating the proceedings, or if he finds that the substandard property is a public nuisance, ordering that it be abated. -61- (b) The order of abatement shall set forth the street address of the substandard property and a legal description of the premises sufficient for identification. It shall contain a statement of the particulars of the conditions which render the building, structure or premises a public nuisance, and a statement of the work required to abate the nuisance. Reference may be made to the notice of hearing for such statement of particulars with an appropriate modification thereof. (c) The order shall specify the dates to commence and complete the work of abatment. (d) The time to commence or complete the work may be extended for good cause upon written application. (e) A copy of the order of agatement shall be posted in a conspicuous place upon the building or structure or otherwise upon the substandard property; and shall be served in the manner prescribed for the service of notice of hearing. Section 72.8 Work by Private Party or Agency. (a) Any person having the legal right to do so may repair or demolish a substandard building or do any other work required to remove the substandard conditions at any time prior to the time when the Enforcement Official does so, but if such person does such work after the time specified in the last order of the Hearing Officer, all costs incurred by the City of Dublin in preparation for the doing of such work are chargeable to the property and shall be collected as hereinafter provided. (b) If the order of the Hearing Officer is not complied with within the period designated, the Enforcement Official may then demolish the substandard building or portions thereof, or may cause such other work to be done to the extend necessary to eliminate the hazard upon the substandard property and other substandard conditions determined to exist by Hearing Officer. (c) When in the opinion of the Enforcement Official substandard property or portion thereof is an immediate hazard to health or property, and the abatement of such hazard requires prompt action, the Enforcement Official may then abate the substandard condition or may cause such other work to be done to the extend necessary to eliminate the hazard as provided in Section 72.2(e) and without amendment to the order of abatement. (d) The Enforcement Official may cause the material of any building or structure ordered to be demolished to be sold. The sale shall include stipulations that the building or structure be forthwith demolished, the wreckage, and debris removed and the lot cleaned. The Enforcment Offical may sell any such building singly or otherwise, as he may deem appropriate in order to insure that the consideration obtained from one or more building shall be adequate to pay the cost of demolition and cleaning the site. Any surplus from the sale of any such building or structure, or group of buildings or structures, over and above the cost of demolition and cleaning the site shall be distributed to persons lawfully entitled thereto. Any work of abatement performed by the Enforcement Official shall be accomplished in accordance with appropriate procedures applicable to the City of Dublin. Section 72.9 Penalties. (a) A person shall not obstruct, impede, or interfere with the Enforcement 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 -62- Officer to be abated or which is abated under Section 72.2(e) , whenever the Enforcement Official or such owner is engaged in barricading, repairing, vacating and repairing, or demolishing any such substandard building or removing any substandard conditions from substandard property pursuant to this Chapter, or in the performance of any necessary act preliminary to or incidental to such work, or authorized or directed pursuant hereto: Any violation thereof is a misdemeanor. (b) If the owner or person in control of the substandard property shall fail, neglect, or refuse to comply with any order of the Hearing Officer, he shall be guilty of a misdemeanor. (c) The occupant or lessee in possession or other person in control of a substandard building, who fails to vacate said building in accordance with any order of abatement is issued by the Enforcement Official or Hearing Officer, shall be guilty of a misdemeanor. (d) Any person who removes any notice or order posted as required or permitted by Chapter shall be guilty of a misdemeanor. Section 72.10 Abatement Fund. (a) The City Council may set up a special revolving fund to be designated as the Abatement Fund. (b) The City Council may at any time transfer to such special fund, out of any money in the general fund of said City, such sums as it may deem necessary in order to expedite the performance of the work of abatement, and the sum so transferred shall be deemed a loan to said special fund and shall be repaid out of the proceeds of the assessment. All funds so collected under the assessment proceedings shall be paid when collected to the City Clerk who shall place the same in the Abatement Fund. Article 3 - Procedure for Assessment of Cost of Abatement in Event of Default of Owner Section 73.0 Report of Costs of Abatement Section 73.1 Report Transmitted to City Council Section 73.2 Protest and Objection - How Made Section 73.3 Hearing on Report Section 73.4 Collection of Assessment Section 73.5 Alternative Collection Procedure Section 73.0 Report of Costs of Abatement. The appropriate Enforcement Official under Section 7-100.1 shall keep an itemized account of the next expense involved in the abatement of any building or structure under Section 7-100.19. Upon completion of the abatement, the Enforcement Official shall prepare and file with the clerk, a report specifying the work done, the cost of the work, a description of the real property upon which the building or structure was or is located, the names and addresses of the person entitled to notice pursuant to Section 7-100.11, and the assessment against each lot or parcel proposed to be levied to pay the cost of abatement thereof. Section 73.1 Report Transmitted to City Council. Upon receipt of the report, the Clerk shall, within 10 days, put the report on the agenda for consideration by the City Council. The City Council shall cause notice of the cost of abatement to be given to those persons entitled under Section 7-100.11. Such notice shall specify the day, hour and place where the City Council will hear any objections or protests which may be raised by any person liable to the assessed for the cost of abatement and any other interested person, and pass upon the report of the Enforcement Official. Notice of -63- hearing shall be published at least 10 days prior to the date of hearing in a newspaper of general circulation with the County and which circulates in the area within which is located the building or structure in question. Section 73.2 Protest and Objection - How Made. Any person to whom notice of hearing was sent and any person interested and affected by the proposed assessment may file written protests or objections with the Clerk at any time prior to the date set for the hearing on the report to the City Council. Each such protest or objection must contain the address of the protestor or objector and a description of the property in which the signor thereof is interested and the grounds of such protest and objections. The Clerk shall endorse upon every such protest or objection the date it was received by him and shall present him to the City Council at the time set for hearing. Section 73.4 Collection of Assessment. The assessment shall be collected in the following manner: (a) A copy of the report and assessement, as confirmed, shall be turned over to the Alameda County Auditor on or before the 10th day of August following such confirmation, and the auditor shall enter the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. (b) The Alameda County Tax Collector shall include the amount of the assessment on bills for taxes levied against the respective lots and parcels of land. (c) Thereafter the amounts of assessments shall be collected at the same time and in the same manner as county taxes are collected, and are subject to the same procedure and sale in case of delinquency as provided for ordinary county taxes. (d) All laws applicable to the levy, collection and enforcement of county taxes are applicable to such special assessment taxes. Section 73.5 Alternative Collection Procedure. Notwithstanding the provisions of Section 7-100.27 and in lieu therof, in the event of nonpayment of assessment, the City Council may, at any time within 60 days after its decision on the report and assessment, cause to be filed in the office of the County Recorder a notice _of lien against said properties of the confirmed assessment upon the following conditions: (a) From and after the recording of said notice of lien, all persons shall be deemed to have had notice of the contents thereof. The statutes of limitations shall not run against the right of the enforcement agency to enfore the payment of said lien. (b) All such assessments remaining unpaid after 30 days from the date of recording of said lien shall become delinquent and bear interest at the rate of 1% per month computed upon the date of delinquency and on the first day of each month subsequent to said date of delinquency. The lien shall continue until the amount thereof is paid or until it is discharged of record. (c) If the sum assessed is not paid within 30 days after the day of recording of said notice of lien, the City Council may direct the City Attorney to bring an action, in the name of the county, to forclose the lien of assessment. -64- SECTION III. Urgency This Ordinance is adopted as an urgency measure for the preservation of the public peace, health and safety and shall become effective on January 1, 1990. The facts constituting the urgency are that the requirements of the State Housing Law require the City's Uniform Codes to be effective on January 1, 1990. SECTION IV. Posting of Ordinance The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this th day of , 1989, by the following votes: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -65- E X H I B I T 2 2 . Summary of Changes to Ordinance 58-87 1. Minor changes have been made to Chapter 1 Administrative. These changes are either editorial or incorporate changes in the administrative provisions of the Uniform Building Code that have been revised into the Ordinance. 2 . Article 2 of Chapter 2 contains the modifications to the Uniform Building Code. (See page 28 . ) Sections 22 . 2, 22 . 4, 22 . 13 , 22 . 14, 22 . 31 are revisions that the State has made to the Uniform Building Code. Section 22 .5 is a local Amendment that clearly defines the two different wind pressure zones in the City. (See the attached map. ) The open areas to the east of Dougherty Road and the Villages west of Dougherty Road are designated Exposure C which requires about a 50% higher design wind pressure. Also, any area annexed to the City would be wind Exposure C. Section 22 . 17 is the adoption of a chapter on building security regulations. Under the current process the building security regulations are imposed as a condition of approval of a planning action such as a site review or Conditional Use Permit. By placing the regulations in the Ordinance it will apply to all construction. Section 22 . 15 is a rewrite of the current requirements for automatic sprinklers. Sprinklers are now required in all hazardous occupancies regardless of floor area. Except that in auto repair garages and aircraft hangers sprinklers are required at 1,500 square feet. The present code requires sprinklers at 3, 000 square feet. Also, sprinklers are required in three story multi-family dwellings or where there are more than fifteen (15) units. All of the other sections listed on page 22 are current provisions of Ordinance 58-87, however, some of the section numbers may have changed. 3 . There has been one modification made to the Plumbing Code. Section 42 . 7 on page 37 is a new provision that the State has adopted and so it has been added to this Ordinance. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------ FINDINGS AS TO WHY AMENDMENTS TO THE UNIFORM CODES ARE NECESSARY WHEREAS, Section 17958 of the Health and Safety Code of California requires the cities to adopt an ordinance which imposes the same restrictions as contained in the Regulations in the State Building Standards Code; and WHEREAS, the 1988 Edition of the Uniform Building Code, 1988 Uniform Plumbing Code, 1988 Uniform Mechanical Code, 1988 Uniform Housing Code and 1987 National Electrical Code have been adopted in the State Building Standards Code; and WHEREAS, this City Council having before it an ordinance adopting those codes set forth herein above with changes or modifications; and WHEREAS, Section 17958.5 of the Health and Safety Code of the State of California authorizes the cities to make changes or modifications to the provisions of the State Building Standards Code as the City determines are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, Section 17958.5 of the Health and Safety Code of the State of California also authorizes cities to make changes . or modifications to the Uniform Code as the City determines are reasonably necessay because of local conditions; and WHEREAS, this City Council has reviewed the reasons for those changes and modifications set forth in Exhibit "A" & "B" . NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby declare and find that said changes or modifications to the provisions of the State Building Standards Code are reasonably necessary because of local climatic, geologic or topographical conditions and are setforth on Exhibit "B" . BE IT FURTHER RESOLVED that the Dublin City Council does . hereby declare and find that said changes to the Uniform Building Code, Uniform Plumbing Code, Uniform Housing Code and National Electrical Code are reasonably necessary because of local conditions and are setforth on Exhibit "A" . BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the California Department of Housing and Community Development for filing as required by Section 17958. 7 of the Health and Safety Code of the State of California. PASSED, APPROVED AND ADOPTED this th day of December, 1989. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk EXHIBIT "A" LIST OF CHANGES AND MODIFICATIONS TO THE 1988 UNIFORM BUILDING CODE, 1988 UNIFORM PLUMBING CODE, 1988 UNIFORM MECHANICAL CODE AND 1987 NATIONAL ELECTRICAL CODE Chapter 1 Administration. This chapter combines all of the administrative provisions of the Uniform Building Code, . Uniform Plumbing Code, Uniform Housing Code into a single administrative Chapter. Section 22 . 0, 42. 1, 52 . 0, 61. 0, 62 . 0, 62 . 1, 62 .2 , deletes administrative provisions from the respective codes. This is necessary to accommodate the unique elements of the City of Dublin governmental structures. Section 22 . 1, is an editorial cross-reference to provisions in Chapter 1 Administration and is necessary to correlate with Chapter 1. Section 22 .2, 22.4, 2. 13, 2 . 14, 22. 18, 22 . 31, 22 . 32 , are modifications which make the Uniform Building Code agree with the State Building Standards Code. Section 22 . 3 , is added and is necessary to assure that yards required by Section 506 are permanently maintained. A recorded "Yard Agreement" is necessary to assure yards are maintained and the agreement notifies any prospective buyer of the restriction. Section 22 .5, adds a provision which establishes the wind exposure areas within the City. This is necessary because of the wind conditions in and around the City. Section 22 . 6, adds a provision to the Uniform Building Code relating to the design loads of private bridges. Attorney General Opinion 55OPS 1574-12-72 allows cities to adopt additional requirements which cover areas not regulated by the State Building Standards Code. This requirement is necessary because privately owned and maintained bridges are proposed in developments in the City. Section 22 .7, amends the Uniform Building Code by deleting the provision for straight board roof sheathing. This modification is necessary because the Calavares Fault runs through the City. Straight board sheathing has little resistance to shear forces caused by earthquakes. An earthquake on the Calavares Fault could generate severe ground shaking. Section 22 .8, 22.9 & 22.10, modifies the Uniform Building Code to prescribe requirements for soil and geologic reports, standards for grading and measures to mitigate the effect of -1- expansive soils. This modification is necessry because Section 17953, 17954, and 17955 of the Health and Safety Code of the State of California requires the City to have an ordinance that addresses these problems. Section 22. 11, adds to the Uniform Building Code so as to require lots to be graded and drained in a safe matter. The State Building Standards Code has no such provision. Attorney General Opinion 55OPS 1574-12-72 allows cities to adopt additional requirements which cover areas not regulated by the State Building Standards Code. This modification is necessary because most new development is occurring in hilly areas and regulation of lot drainage is needed to minimize the effects of erosion. Section 22 . 12 & 22 . 14, are modifications to the Uniform Building Code that revise requirements for fire retardant roofs throughout the City. This modification is necessary because Dublin has a hot, dry, windy climate and these provisions are necessary to aid in the prevention of roof fires and help prevent the spread of fire from roof to roof. Section 22 . 15 & 22 . 16, are modifications to the Uniform Building Code. Automatic fire sprinklers are required in all occupancies based on number of stories, floor area, and distance from fire stations. These modifications are necessary because of limited fire department manpower and the hot, dry, windy climate. Section 22 . 17, -adds a chapter relating to building security. Attorney General Opinion 55 OPS 1574-12-72 allows cities to adopt additional requirements which cover areas not regulated by the State Building Standards Code. This requirement is necessary to enhance the building security requirements for buildings in the City of Dublin. Section 22 . 19 through 22.27, modify the Uniform Building Code as it deals with temporary and permanent use of public property. The temporary and permanent use of City road right-of-way is regulated by other City ordinances. This modification is necessary to eliminate conflicting requirements and the City needs standards for use of City property in order to minimize liability. Section 22 .28, modifies the Uniform Building Code relating to provisions for a weather resistive barrier. This modification is necessary because the City experiences heavy wind-driven rains in the winter and additional weather protection is necessary. Section 22 .29, deletes Appendix Chapter 1 of the Uniform Building Code. This modification is necessary because in the City of Dublin there are less than 10 buildings that are older than 1961. These older buildings have been rehabilitated so they comply with Appendix Chapter 1 or they are not regulated by Appendix Chapter 1. All other buildings were built under building permit and comply with Appendix Chapter 1. This is a local condition which makes Appendix Chapter 1 unnecessary. -2- Section 62 .3, modifies the Uniform Housing Code by adding provisions relating to sanitation. These modifications are required in order to impose the same requirements that are contained in Title 25 California Code of Regulations. Section 62 .4 through 62 .9, modifies the Uniform Housing Code by deleting Chapters 11 through 16 relating to abatement. These chapters of the Uniform Housing Code are replaced by Chapter 7 of the Ordinance. These modifications are necessary to reflect the unique elements of the City of Dublin governmental structure. The provisions of Section 1215 and 1733 through 1755 of the State Building Standards Code relating to existing multi-story buildings are not adopted because the City of Dublin has no existing buildings falling within the scope of these sections. -4- 1 1 Section 22 . 30, modifies the Uniform Building Code by deleting Appendix Chapter 32 relating to reroofing. This modification is necessary because past experience in the City of Dublin indicates that regulation of reroofing is not necessary. Section 22 . 33, modifies the Uniform Building Code by deleting Appendix Chapter 70 relating to grading. This modification is necessary to eliminate conflicts with the City of Dublin Grading Ordinance. This is a unique local condition because most grading is performed as part of the improvements required for subdivisions. This work is regulated by the City Grading Ordinance which is enforced by the City Engineer rather than the Building Official. Section 33 . 0, modification is necessary to make the National Electrical Code .agree with the State Building Standards Code relating to fire alarms. Section 33 . 1, modifies the National Electrical Code so as to establish requirements for spacing of receptacle outlets in office buildings. This modification is necessary because developers of office buildings in Dublin do not provide sufficient outlets in office buildings. This modification will help prevent unsafe electrical installations due to the lack of adequate receptacle outlets. Section 42 .2, modifies the Uniform Plumbing Code by deleting provisions relating to alterations on existing buildings. This modification is necesary to eliminate conflict with Chapter 1, Administration, and Section 17958.8 Health and Safety Code of the State of California. Section 42.5, modifies the Uniform Plumbing Code. This modification is necessary to provide regulations for private water supplies. The State Building Standards Code does not address private water supplies. Attorney General Opinion 55OPS 1574-12-72 allows cities to adopt additional requirements which cover areas not regulated by the State Building Standards Code. This modification is necessary because rural areas in Dublin' s sphere of influence are proposed for annexation. These areas do not have public water supplies. Section 42 . 6, modifies the Uniform Plumbing Code relating to the use of plastic pipe. These modifications are necessary to eliminate conflict with the State Building Standards Code. Section 42 .7 modifies the Uniform Plumbing Code to agree with the State Building Standards Code. Section 42 .8 through 42 . 19, modifies the Uniform Plumbing Code and establishes requirements for private sewage disposal system. These modifications are necessary to meet the standards of the Regional Water Quality Control Board. This modification is necessary because rural areas in Dublin's sphere of influence are proposed for annexation. These areas do not have public sewers. -3- EXHIBIT "B" LIST OF CHANGES AND MODIFICATIONS TO THE STATE BUILDING STANDARDS CODE Section 42 . 3 & 42 .4 modifies the State Building Standards Code so as to permit the use of plastic drain, waste and vent pipe on the top two stories of multi-story residential buildings. This modification is necessary because the Calavares Fault runs through the City of Dublin which could generate excessive ground shaking in the top stories of multi-story buildings. Plastic pipe is flexible and can absorb the excessive shaking. -1-