HomeMy WebLinkAboutItem 6.2 Adopt 1991 Edition of Bldg Code (2) CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 27, 1992
SUBJECT: PUBLIC HEARING Ordinance Which Adopts the 1991 Edition of
the Uniform Building Code, 1991 Edition of
the Uniform Plumbing Code and 1991 Edition of
the Uniform Mechanical Code
Report by: Victor Taugher, Building Official
EXHIBITS ATTACHED: 1) Draft Ordinance which adopts the above
codes and incorporates changes
2) Letter dated July 2, 1992 to Mayor
Snyder from Drowning Prevention
Foundation with Attachments
3) Draft Resolution Making Findings as to
the Necessity for Modifications to the
Uniform Codes
RECOMMENDATION: 1. Open Public Hearing
� � 2 . Receive Staff Report
�/ 3 . Receive Public Testimony
4 . Close Public Hearing
5. Deliberate
6. Waive Reading & Adopt Ordinance
7. Adopt Resolution Relating to Findings of
Necessity
FINANCIAL STATEMENT: No measurable additional costs.
DESCRIPTION:
Swimming Pool Fences
Section 4 of the ordinance adopts the 1991 Uniform Building Code and
it includes Appendix Chapter 13, Division III. This chapter requires
swimming pools, spas and hot tubs to be completely enclosed. Under
the present regulations the walls of the dwelling can be part of the
enclosure and there are no safeguards required on the door leading
from the house to the enclosure.
This ordinance would require fencing completely around the pool or the
doors leading from the house to the pool enclosure would have to be
equipped with an alarm. This ordinance would only apply to new
installations. It would not require existing installations to be
retrofitted.
Section 26 of the ordinance changes the height of the swimming pool
fence that is required by the above from 48 inches to 54 inches. This
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COPIES TO: Dept. Housing & . Com. Dev.
ITEM NO. 6*2
CITY CLERK
FILE D 2
,r
will make the minimum fence height agree with the present pool
enclosure requirements.
Section 54 of the ordinance would delete the existing enclosure
requirements.
The attachments to the letter from the Drowning Prevention Foundation
demonstrate the dangers of fenced pools that have openings from the
dwelling to the fenced enclosure. Battery operated alarm devices for
the door openings from the house to the pool are available for under
one hundred dollars.
The Building Official recommends adoption of the new fencing-
requirements in order to provide additional protection to children and
to have greater uniformity with other cities.
Fire Sprinklers
Section 20 revises the requirements for fire sprinklers. The present
code requires fire sprinklers in all H-7 Occupancies. An H-7
Occupancy is a building where corrosives, highly toxic materials,
irritants, sensitizers and other health hazards over specified amounts
are stored or used. Under this section sprinklers would be required
when the floor area of an H-7 Occupancy exceeds 5, 000 square feet.
For example, a business using more than 100 gallons of any type acid,
irritant or sensitizers would be required to have fire sprinklers.
Non Substantial Changes
There are 20 sections where changes are necessary because the present
sections refer to page numbers in the code. Unfortunately, the page
numbers in the codes have changed.
There are 3 sections correcting typographical errors.
There are 7 sections where changes are necessary due to changes to the
codes by the State.
Finally, 10 sections related to septic tanks are deleted. Appendix I
of the Plumbing Code should be adequate in the unlikely event that
there should be a need for a septic tank in areas which may be
annexed.
In order to adopt these codes by reference a noticed public hearing is
required. It is recommended that the hearing be set for July 27,
1992 .
Findings
Section 17958 .7 & 18941. 5 of the Health and Safety Code of the State
of California require that any amendments made to the. Uniform Code the
City Council must make findings as to the necessity for the changes.
The attached draft resolution makes those findings. The findings are
substantially the same as those adopted when the 1988 Uniform Codes
were adopted.
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ORDINANCE No. - 92
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 7.28 OF THE DUBLIN MUNICIPAL
CODE RELATING TO BUILDING REGULATION ADMINISTRATION AND AMENDING CHAPTERS 7.32,
7.40, 7.44 AND 7.48 OF THE DUBLIN MUNICIPAL CODE BY ADOPTING THE 1991 EDITION OF THE
UNIFORM BUILDING CODE, 1991 EDITION OF THE UNIFORM PLUMBING CODE AND 1991 EDITION OF
THE UNIFORM MECHANICAL CODE BY REFERENCE WITH AMENDMENTS TO SAID CODES.
The City Council of the City of Dublin does ordain as follows:
SECTION 1
Section 7.28.120 Dublin Municipal Code is amended to read:
Section 7.28.120 Existing building, structures or installations.
A. Except as required by Section 1210 of the Building Code, and Sections
7.32.280 and 7.40.130, 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.
B. 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 2
Section 7.28.460 Dublin Municipal Code is amended to read:
Section 7.28.460 Fees - Partially completed work.
A. Where permits expire and the work has not been completed and a new permit
is subsequently issued for the completion of the work, the fee shall be based upon
the fee schedule in effect at the time of issuance of the new permit based on the
valuation to complete the work as determined by the Building Official.
SECTION 3
Section 7.28.590 Dublin Municipal Code is amended to read:
Section 7.28.590 Special Inspections.
A. In addition to the inspection required to be made pursuant to Sections
7.28.540 through 7.28.580 the owner shall employ a special inspector who shall be
present at all times during constructions of the following work:
1. During the placing of reinforced concrete and taking of test specimens
when the structural design is based on an f'c in excess of two thousand five
hundred (2,500) pounds per square inch;
2. Ductile moment-resisting concrete frame. As required by Section
2625(j) of the Uniform Building Code;
3. 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 subsection Al of
this section,
c. Checking of tendons and prestressing steel after it has been placed
for prestressed or post tensioned concrete;
4. Welding:
a. Ductile moment-resisting steel frames. As required by Section
2722(f) of the Uniform Building Code,
1 �' EXHISIrl
b. All structural welding, including welding of reinforcing steel.'.
Exceptions:
i. When welding is done in an approved fabricator's shop,
ii. When approved by the Building Official, single-pass fillet
welds when stressed to less than fifty percent (50%) of allowable
stresses;
5. High-strength bolting. As required by U.B.C. Standard No. 27-7.
EXCEPTION: The special inspector need not be present during the entire
installation and tightening operation, for shear/bearing-type
connections when threads are not required by design to be excluded from
the shear plane, provided that prior to the start of bolting, the
surfaces and the bolt size and type are inspected for conformance to
plans and specifications. Additionally, at the completion of all
bolting, the inspector shall determine that the plies have been brought
into snug contact.
6. 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.
7. Reinforced gypsum concrete: when cast-in-place Class B gypsum concrete
is being mixed and placed;
8. Insulating concrete fill: during the application of insulating
concrete fill when used as part of a structural system;
9. Applying spray on fire roofing;
10. Pile driving;
11. Shotcrete: during the taking of test specimens and placing of all
shotcrete and as required by Section 2621(j) and (k) of the Uniform Building
Code.
EXCEPTION: Shotcrete work fully supported on earth, minor repairs and
when, in opinion of the Building Official, no special hazard exists;
12. 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 Uniform Building Code;
13. When required by the Building Official for special construction or work
involving unusual hazards, new construction methods, special testing, or which
requires constant inspection.
B. 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.
C. 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.
D. 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) .
E. 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
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acquired by the special inspector during his personal continuing observation of
construction work at the construction site in all stages of progress.
F. Whenever the special inspector is aware that work that does not comply
with this chapter 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 4
Section 7.32.030 Dublin Municipal Code is amended to read:
Section 7.32.030 Adoption.
Certain documents, a copy of which is on file in the office of the City Clerk,
being marked as "Uniform Building Code," 1991 Edition including appendix Chapters
11, 12 Division II and Division III, 23 Division II & III, 32, 35, 49, and 55, and
"Uniform Building Code Standards, " 1991 Edition, published by the International
Conference of Building Officials is hereby adopted by reference as the building code
of the city pursuant to the provision of Section 50022.1 et. seq. of the Government
Code of the state of California except as hereinafter modified in Sections 7.32.110
through 7.32.430 of this chapter.
SECTION 5
Section 7.32.110 Dublin Municipal Code is amended to read:
Section 7.32.110 Part 1, Administration - Deleted.
Part 1, including Chapters 1, 2 and 3 are deleted.
SECTION 6
Section 7.32.120 Dublin Municipal Code is amended to read:
Section 7.32.120 Section 502, Chapter 5, Part III, Change in use - Amended.
Section 502 is amended by deleting the third paragraph.
SECTION 7
Section 7.32.130 Dublin Municipal Code is amended to read:
Section 7.32.130 Section 505(e), Chapter 5, Part III, Area separation walls
- Amended.
Section 505(f) is amended by adding a new item 7 to read:
7. 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.
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 8
Section 7.32.140 Dublin Municipal Code is amended to read:
Section 7.32.140 Section 506(d) , Chapter 5, Part III, Allowable area
increases - Added.
A new subsection (d) is added to Section 506 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 Alameda County Recorder's
Office.
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SECTION 9 Y.
Section 7.32.155 Dublin Municipal Code is amended to read:
Section 7.32.150 Section 1204, Chapter 12, Part III, Access and Exit
Facilities and Emergency Escapes - Amended.
Section 1204 is amended to read: Exits shall be provided as specified in Chapter
33. (See also Section 3317 for special requirements and Section 3314 for exit
markings. )
Access to, and egress from, buildings required to be accessible shall be provided as
specified in Chapter 31.
Basements in dwelling units and every sleeping room below the fourth story shall
have at least one operable window or door approved for emergency escape or rescue
which shall open directly into a public street, public alley, yard or exit court.
The units shall be operable from the inside to provide a full clear opening without
the use of separate tools.
All escape or rescue windows shall have a minimum net clear openable area of 5.7
square feet. The minimum net clear openable height dimension shall be 24 inches.
The minimum net clear openable width dimension shall be 20 inches. When windows are
provided as a means of escape or rescue they shall have a finished sill height not
more than 44 inches above the floor.
Bars, grilles, grates or similar devices may be installed on emergency escape or
rescue windows or any required exit door, provided:
1. The devices are equipped with approved release mechanisms which are
openable from the inside without the use of a key or special knowledge or
effort; and
2. The building is equipped with smoke detectors installed in accordance with
Section 1210.
Such bars grilles, grates or similar devices shall be equipped with an approved
release device for use by the fire department only, on the exterior side for the
purpose of fire department emergency access, when required by the authority having
jurisdiction.
SECTION 10
Section 7.32.160 Dublin Municipal Code is amended to read:
Section 7.32.160 Section 2314, Chapter 23, Part IV - Amended. Section 2314
is amended to read:
All portions of the City of Dublin have a basic wind speed of 70 miles per hour.
All portions shall be exposure "B" except that all portions of the City of Dublin
east of the easterly city boundary as it existed on December 23, 1986 and all
portions of the City of Dublin west of the westerly city boundary as it existed on
April 21, 1991 shall be exposure "C".
SECTION 11
Section 7.32.170 Dublin Municipal Code is amended to read:
Section 7.32.170 Table 23-A, Chapter 23, Part VI, Uniform and concentrated
loads - Amended.
Table 23-A is 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.
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SECTION 12
Section 7.32.180 Dublin Municipal Code is amended to read:
Section 7.32.180 Section 2517(h)-7, Chapter 25, Part V, Roof sheathing -
Amended.
Roof Sheathing is amended by amending the first paragraph to read:
Section 2517(h)-8 Roof Sheathing. Roof sheathing shall be in accordance with
Table 25-S-1 & Table 25-5-2 for plywood, or Table 25-5-3 for particle board & Table
25-R-1 for diagonal sheathing only.
SECTION 13
Section 7.32.190 Dublin Municipal Code is amended to read:
Section 7.32.190 Section 2901, Chapter 29, Part VI, Scope - Amended.
Section 2901(a) is amended to read:
Section 2901(a) General. 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 14
Section 7.32.200 Dublin Municipal Code is amended to read:
Section 7.32.200 Section 2903, Chapter 29, Part VI, Excavations and fills -
Amended.
Section 2903 is 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 Chapter 7.16.
(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 excavations shall be
underpined 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
exceeded 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.
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(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 15
Section 7.32.210 Dublin Municipal Code is amended to read:
Section 7.32.210 Section 2905, Chapter 29, Part VI, Foundation investigation
- Amended.
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-2.1 and H Occupancies.
2. When the allowable soil pressure used in the design of the foundation
exceeds 2,000 psf.
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 of land into five or more parcels 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.
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The investigation shall be based on observation and the 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 Chapter 7.16 as they may be applicable to
the particular site and any recommendations contained therein shall be subject to
the approval of the Building Official.
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 Chapter 7.16 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 16
Section 7.32.230 Dublin Municipal Code is amended to read:
Section 7.32.230 Section 3209, Chapter 32, Part VI, Special requirements -
Added.
Section 3209 is added to read:
Section 3209 Special 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 I 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 room 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.
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 Glaas_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.
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5. Other Occupancies. Any new roof covering and any alterations, repairs or
replacement of roof covering materials 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 17
Section 7.32.240 Dublin Municipal Code is deleted.
SECTION 18
Section 7.32.250 Dublin Municipal Code is amended to read:
Section 7.32.250 Section 3703 (h), Chapter 37, Part VI, Chimneys general -
Added.
Section 3703 (h) is amended to read:
(h) Spark Arrestor. All chimneys attached to any appliance or fireplace that
burns solid fuel shall be equipped with an approved spark arrestor. The net free
area of the spark arrestor shall be not less than four times the net free area of
the outlet of the chimney. The spark arrestor 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 31 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, or spark arrestor shall be installed.
SECTION 19
Section 7.32.260 Dublin Municipal Code is amended to read:
Section 7.32.260 Section 3802, Chapter 38, Part VI, Automatic fire-
extinguishing systems - Amended.
Section 3802 is amended to read:
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 1,500 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 form 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
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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 system 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
exceeds 1,500 square feet.
(f) Group H Occupancies. An automatic fire-extinguishing system shall be
installed in Group H, Division 1, 2, and 3 Occupancies; in all Group H Division 4 &
5 Occupancies when the floor area exceeds 1,500 square feet, and in all Group H
Division 7 Occupancies when the floor area exceeds 5,000 square feet.
(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:
Occupancy Hazard
Location 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 31
Note: 1 When the design area of the sprinkler system consists of a corridor
protected by one row of sprinklers, the maximum number of sprinkles 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.
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(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 16 or more dwelling units in comgregate residences three or more stories
in height and having an occupant load of 50 or more and in hotels 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'h 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 the area separation as set forth in
Section 505(c) 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 the 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 instaled if the existing building plus the addition exceeds the
area or height limitation set forth in this section. Whenever the use of an
existing building or portion thereof is changed in any manner so as to require the
installation of an automatic fire-extinguishing system, said system shall be
installed in that portion of the building housing the new use.
SECTION 20
Section 7.32.270 Dublin Municipal Code is amended to read:
Section 7.32.270 Section 3802, Chapter 38, Part VI, Sprinkler system alarms
- Amended.
Section 3803 is amended by adding a second exception to read:
Exception 2: Local alarms are acceptable for R-3 occupancies.
SECTION 21
Section 7.32.290 Dublin Municipal Code is amended to read:
Section 7.32.290 Section 4306(m) , Chapter 43, Part VII, Fire-resistive
assemblies for protection of openings - Added.
Section 4306 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: Installation in existence prior to January 1979.
10
SECTION 22
Section 7.32.300 Dublin Municipal Code is amended to read:
Section 7.32.300 Section 4401, Chapter 44, Part VIII, Protection of
pedestrians - Amended.
Section 4401 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 Chapter 7.04 Dublin
Municipal Code has been secured. No person shall perform any work on any building
or structure if by so doing he endangers pedestrians on the street that buts the
property, unless the protection of pedestrians as specified in this code is
provided. No encroachment permit shall be required for the construction of any
railing, fence, or canopy used 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 23
Section 7.32.350 Dublin Municipal Code is amended to read:
Section 7.32.350 Section 4501, Chapter 45, Part VIII, General - Amended.
Section 4501 is amended to read:
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 1711. 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 24
Section 7.32.390 Dublin Municipal Code is amended to read:
Section 7.32.390 Section 4706 (d), Chapter 47, Part VIII, Weather-resistive
barriers - Amended.
Section 4706(d) is amended to read:
Section 4706(d) . Notwithstanding 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 25
Section 7.32.400 Dublin Municipal Code is amended to read.
Section 7.32.400 Section 1243(a)-1, Chapter 12, Appendix, Outdoor Swimming
Pool - Amended.
Section 1243(a)-1 is amended to read:
1. The top of the barrier shall be at least 54 inches above grade measured on the
side of the barrier which races away from the swimming pool. The maximum vertical
clearance between grade and the bottom of the barrier shall be 2 inches measured on
the side of the barrier which faces away from the swimming pool. Where the top of
the pool structure is above grade, such as an aboveground pool, the barrier may be
at ground level, such as the pool structure, or mounted on top of the pool
structure. Where the barrier is mounted on top of the pool structure, the maximum
vertical clearance between the top of the pool structure and the bottom of the
barrier shall be 4 inches.
11
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SECTION 26
Section 7.32.410 Dublin Municipal Code is deleted.
Section 7.32.410 Chapter 32, Appendix, Reroofing - Deleted.
SECTION 27
Section 7.32.420 Dublin Municipal Code is amended to read.
Section 7.32.420 Section 3501 (a), Chapter 35, Appendix, Sound control
transmission - Amended.
Section 3501 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 and provisions of Title 24 shall prevail.
SECTION 28
Section 7.32.430 Dublin Municipal Code is deleted.
Section 7.32.430 Chapter 53, Appendix, Energy conservation in new buildings
- Deleted.
SECTION 29
Section 7.32.440 Dublin Municipal Code is deleted.
Section 7.32.440 Chapter 70, Appendix, Excavations and Grading - Deleted.
SECTION 30
Section 7.40.030 Dublin Municipal Code is amended to read:
Section 7.40.030 Adoption.
The "Uniform Plumbing Code" 1991 Edition, published by the International Association
of Plumbing and Mechanical Officials, including Appendix Chapters A, B, C, D, H, and
I, and all installation standards, a copy of which is filed in the office of the
City Clerk is adopted by reference as the plumbing code for the city pursuant to the
provisions of Section 50022.1 et.seq. of the Government Code of the state of
California except as hereinafter modified in Sections 7.40.070 through 7.40.150 of
this chapter.
SECTION 31
Section 7.40.040 Dublin Municipal Code is amended to read:
Section 7.40.040 Scope.
A. The provisions of this code shall apply to the installation, erection,
construction, enlargement, addition to, alteration, repair, moving, removal,
demolition, conversion, use, and maintenance of any plumbing installation, gas or
drainage piping installation or any fixture or water heating or treating equipment
in any building, structure, or premises within the city.
B. The permissive provisions of this code shall not be presumed to waive any
limitations imposed by any other law, ordinance, rule or regulation. If two or more
pertinent limitations shall prevail which provide greater safety to life, health,
property or public welfare.
C. Plumbing fixtures and equipment shall be made accessible to the physically
handicapped. Whenever there is a conflict between the provisions of Title 24
California Code of Regulations, and this code, the provision of Title 24 shall
prevail.
12
SECTION 32
Section 7.40.050 Dublin Municipal Code is amended to read:
Section 7.40.050 Exceptions.
The provisions of the plumbing code shall not apply to:
A. Work located in a public street;
B. Plumbing systems within trailer coaches, campers, motor vehicles, railroad
cars and aircraft; however, if any of the foregoing are permanently placed on the
ground or have their wheels removed for other than temporary repairs, they shall
comply with all the provisions of the plumbing code.
C. Plumbing systems within house-boats 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;
D. 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;
E. Sewage treatment and collection facilities of a sanitary district;
F. Water treatment, storage, transmission and distribution facilities of a
water district or water company regulated by the Public Utilities Commission;
G. Gas storage, transmission and distribution facilities owned by a public
utility;
H. Wells and water supply systems for irrigation and watering livestock
provided such water is not used for human consumption.
SECTION 33
Section 7.40.070 Dublin Municipal Code is deleted.
Section 7.40.070 Part 1, Administration - Portion Deleted.
SECTION 34
Section 7.40.075 Dublin Municipal Code is amended to read:
Section 7.40.075 Section 310, Chapter 3, Prohibited Fittings and Practices -
Amended.
Section 310 is amended by adding a new subsection (j) to read:
(j) Plastic piping shall not be exposed as a portion of the interior room
finish in a building or structure if the piping has flame-spread rating exceeding 75
when tested in accordance with ASTM E 84-77a "Test for Surface Burning
Characteristics of Building Materials."
SECTION 35
Section 7.40.080 Dublin Municipal Code is deleted.
Section 7.40.080 Section 314(a), Chapter 3, Repairs and Alterations
Deleted.
SECTION 36
Section 7.40.090 Dublin Municipal Code is amended to read:
Section 7.40.090 Section 401(a), Chapter 4, Materials - Amended.
Section 401(a) is amended to read: (a) Drainage piping shall be cast iron,
galvanized steel, galvanized wrought iron, lead, copper, brass, Schedule 40 ABS DWV,
Schedule 40 PVC DWV, extra strength vitrified clay pipe, or other approved materials
having a smooth and uniform bore, except that:
(1) 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 and PVC DWV piping installations shall be limited to structures and
not exceeding three floor above grade. For the purpose of this subsection,
the first floor of a building shall be that floor that has fifty (50) percent
or more of the exterior wall surface area level with or above finished grade.
13
One additional level that is the first level and not designed for human
habitation and used only for vehicle parking, storage, or similar use shall be
permitted.
(2.1) ABS AND PVD installations are limited to residential construction not
more than two (2) stories in height and to relocatable public school
buildings.
(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.
SECTION 37
Section 7.40.100 Dublin Municipal Code is amended to read:
Section 7.40.100 Section 503(a), Chapter 5, Materials - Amended.
Section 503(a) is amended to read: (a) Vent pipe shall be cast iron, galvanized
steel, galvanized wrought iron, lead, copper, brass, Schedule 40 ABS DWV, Schedule
40 PVC DWV or other approved materials having a smooth and uniform bore except that:
(1) No galvanized wrought iron or galvanized steel pipe shall be used
underground and shall be kept at least six (6) inches above ground.
(2) ABS and PVC DWV piping installations shall be limited to structures not
exceeding three floors above grade. For the purpose of this subsection, the
first floor of a building shall be that floor that has fifty percent or more
of the exterior wall surface area level with or above finished grade. One
additional level that is the first level and not designed for human habitation
and used only for vehicle parking, storage or similar use shall be permitted.
(2.1) ABS or PVC installations are limited to residential construction not
more than two stories in height.
(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) (152.4mm) 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 38
Section 7.40.110 Dublin Municipal Code is deleted.
Section 7.40.110 Section 1001, Chapter 10, Running water required - Deleted.
SECTION 39
Section 7.40.120 Dublin Municipal Code is deleted.
Section 7.40.120 Section 1004, Chapter 10, Materials - Deleted.
SECTION 40
Section 7.40.130 Dublin Municipal Code is amended to read:
Section 7.40.130 Section 1005(g), Chapter 10, Water pressure, pressure
regulators and pressure relief valves - Added.
Section 1005 is amended by adding a new subsection (g) to read:
(g) 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 41
Section 7.40.160 Dublin Municipal Code is deleted.
Section 7.40.160 . Section I-1, Appendix I, Private Sewage Disposal (general)
Deleted.
14
SECTION 42
Section 7.40.170 Dublin Municipal Code is deleted.
Section 7.40.170 Section I-2, Appendix I, Capacity of septic tanks -
Deleted.
SECTION 43
Section 7.40.180 Dublin Municipal Code is deleted.
Section 7.40.180 Table I-5, Appendix I - Deleted.
SECTION 44
Section 7.40.190 Dublin Municipal Code is deleted.
Section 7.40.190 Section I-3, Appendix I, Area of disposal fields and
seepage pits - Deleted.
SECTION 45
Section 7.40.200 Dublin Municipal Code is deleted.
Section 7.40.200 Table I-4, Appendix I - Deleted.
SECTION 46
Section 7.40.210 Dublin Municipal Code is deleted.
Section 7.40.210 Section I-4, Appendix I, Percolation tests - Deleted.
SECTION 47
Section 7.40.220 Dublin Municipal Code is deleted.
Section 7.40.220 Section I-6, Appendix I, Disposal fields - Deleted.
SECTION 48
Section 7.40.230 Dublin Municipal Code is deleted.
Section 7.40.230 Section I-7(A), Appendix I, Seepage pits - Deleted.
SECTION 49
Section 7.40.240 Dublin Municipal Code is deleted.
Section 7.40.240 Section I-8, Appendix I, Cesspools - Deleted.
SECTION 50
Section 7.40.250 Dublin Municipal Code is deleted.
Section 7.40.250 Table I-1, Appendix I, Location of Sewage Disposal Systems
- Deleted.
SECTION 51
Section 7.44.030 Dublin Municipal Code is amended to read:
Section 7.44.030 Adoption.
The "Uniform Mechanical Code" 1991 Edition, published by the International
Association of Plumbing and Mechanical Officials, and the International Conference
of Building Officials, including Appendix Chapters A, B, & C, a copy of which is
filed in the office of the City Clerk is adopted by reference as the mechanical code
for the city pursuant to the provisions of Section 50022.1 et.seq. of the Government
Code of the state of California except as hereinafter modified in Sections 7.44.070.
SECTION 52
Section 7.44.070 Dublin Municipal Code is amended to read:
Section 7.44.070 Part 1, Administration - Deleted.
Part 1, including Chapters 1, 2 and 3 are deleted.
15
SECTION 53
Section 7.56.020 Dublin Municipal Code is deleted.
Section 7.56.020 Swimming Pool Enclosures - Deleted.
SECTION 54
Section 7.28.200 Dublin Municipal Code is restated to read:
Section 7.28.200 Violation - Penalty.
A. Any person, firm or corporation violating or causing, or permitting to be
violated any of the provisions of this chapter shall be deemed guilty of an
infraction unless such violation is described as a misdemeanor by specific
provisions of this chapter.
B. Any person, firm or corporation convicted of a misdemeanor under the
provisions of this chapter 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 chapter shall be punishable upon a first conviction by a fine of
not more than one hundred dollars ($100) , and for a .second conviction within a one
(1) year by a fine of not more than two hundred dollars ($200) , and for a third or
any subsequent conviction within a one (1) year period by a fine of not more than
five hundred dollars ($500) . Any violation beyond the third conviction within a one
(1) year period may be charged by the District Attorney as a misdemeanor and the
penalty for conviction of the same shall be 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 provided in this section, any condition
caused or permitted to exist in violation of any of the provision of this chapter
shall be deemed a public nuisance and may be by the city 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 chapter 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 chapter. Officers or employees so designated shall have the
authority to arrest persons who violate any of said provisions.
16
SECTION 55
This ordinance shall take effect and be in force thirty (30) days from and
after the date of its passage. This 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, APPROVED AND ADOPTED this 27th day of July, 1992, by the following
vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
17
L
E'
0
July 2, 1992
Mayor Pete Snyder BV/4�/tv� opU 99�q4/jV
c/o City DROWNIN 100 CivicHPlaza NS��CTO O 0
PREVENTION Dublin, CA 94568 FpT
FOUNDATION
Dear Mayor Snyder:
Drowning is the leading cause of death, disability, and
Board of Directors injury for children under 5 years of age in California,
and the second leading killer of youngsters nationwide.
NadinaRiggsbee Many other children will survive these drownings, known
Executive Director,Founder as 'near—drownings. '
Drowning Prevention
Foundation
The near-drowning victim' s anoxic episode many times
results in permanent brain-damage. The number of young,
Byron Y.Aoki,M.D. severely brain-damaged drowning victims who have become
Director of Pediatricl.C.U. the responsibility of the California Department of
Kapi onolulu,Hal aii Developmental Services has increased rapidly in recent
Honolulu,Hawaii
years. In 1991, there were 85 near-drowning victims "in
Mary Glass a vegetative condition" in the state' s developmental
Drowning Prevention Foundation centers and over 300 in community settings. Residential
Orange County
care of these victims averages approximately $125,000 per
William S.Gonda,M.D. year. The emotional effect and personal costs to the
American Academy of Pediatrics victims' families are unimaginable, incomprehensible and
Accident Prevention Committee
incalculable.
Suzanne Guyette
Manager of News& ,. As the Executive Director of the Drowning Prevention
Public Affairs
KBHK TV,Channel 44 Foundation and the parent of a drowned daughter and
nearly drowned, severely brain-damaged son, I have
Nancy King personally witnessed the complete devastation that
AgngPre Prevention d drowning can bring to a child and family. As the result
Drowning Prevention Foundation
Eldorado County of my experience, in 1984 I initiated and secured passage
of a fencing ordinance for the unincorporated areas of
Gerald L.Kroll Contra Costa, Lafayette, Moraga, Orinda, and Clayton.
Attorney
Los Angeles County This was the Nation' s first pool fencing ordinance.
Michael J.Markowitz The Drowning Prevention Foundation' s mission is to
Attorney
Contra Costa County prevent the tragedy of drowning through the use of public
information, education, and policy change. The Drowning
John W.Schieffelin,M.o. Prevention Foundation is a non-profit, community-based
Kaiser Permanenle Hospital
American Academy Pediatrics organization, which was established in. 1984 in Danville,
Accident Prevention Committee California, to maximize the effect of drowning prevention
efforts. The Foundation is recognized both locally and
Roger Trent, dance Chief nationally s one of the leading experts in drowning
Injury Surveillance& y g P g
Epidemiology Unit prevention methods, policy, and activities. These
Department of Health Services
Sacramento activities include working to strengthen local, state,
and national legislation on pool fencing; providing
Timothy Yeh,M.D. technical assistance to other state, national and local
Director Pediatric
Intensive Care nit coalitions and agencies;; P roducin g and distributing
Children's Hospital educational materials on drowning prevention; and
Oakland
advising parents and caretakers on improving the safety
of backyard pools, spas and hot tubs.
P .O. Box 202 • Alamo, CA 94507 - (510) 820-SAVE (7 EXHIBIT
Since the primary drowning prevention strategy is public awareness
and legislation, I am now spending a great deal of time
strengthening and adopting the International Conference of Building
Code Officials ' 1991 UBCA on swimming pool barriers which requires
fencing. Referred to as the Uniform Building Code Appendix for
Swimming Pool Barriers, the UBCA includes minimum standards for
pool fencing. What we are asking is that you thoroughly review the
information enclosed in the packet and recommend adoption of the
UBCA in Dublin. To date, the following cities that we are aware of
have adopted the UBCA:
Antioch (pending)
Capitola
Danville
E1 Cerrito
Los Angeles
Martinez
Pleasant Hill (pending)
Sacramento
San Ramon
Walnut Creek
I have enclosed a packet of materials for your review. Please do
not hesitate to call me if you have any questions ( 510) 820-7283.
Thank you for your support in this endeavor.
Sincerely,
Nadina Riggsbee
Executive Director
cc: Mr. Victor Taugher
Building Code Official
City Hall
100 Civic Plaza
Dublin, CA 94568
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•• •. • •• •• • . 111 • •• • • • • ••
Drowning
From page 1
Contra Costa County was the Sixty-seven percent occurred in All accessgates to the swimming
backyard swimming pools, spas pool must open outward, away
first in the nation to pass a pool and hot tubs. wh;1a ?? T)P " n+ from the pool, and must be self.
fencing ordinance initiated by occurred in bathtubs,toilet bowls closing and have a self-latching
Riggsbee in 1984. But children and diaper pails. device.
are still drowning by the thou- The Consumer Product Safety Violation of the swimming pool
sands across the nation and Commission investigated and ordinance would carry a fine of
Riggsbee wants Contra Costa to analyzed the reasons for children $540.
lead the nation again by passing drowning and found that in most Riggsbeemade apresentation of
another. ordinance that would cases,negligence was not afactor, the proposed ordinance to the cite
mandate multiple barriers for said John W. Scheffelin, a mem- of Martinez and it was well
swimmingpools,spasandhottubs ber of the Accident Prevention receivedandis expected tobevoted.
throughout the entire county Committee of the American Pe- through soon.
without exception: diatricians of Northern Region of
"Itis an areawhere government California and a practicing phy- "It is a very reasonable o=di-==
intervention is not obtrusive,but sician at Kaiser Hospital in Wal- nance," said Mayor Michael
protective and cost-effective, as nut Creek. Menesini."It falls under the cat: ,
well as humanitarian," said . The ordinance being proposed egory of protecting people who
Riggsbee. by the Drowning Prevention' cannot protect themselves, Le, ,
One of the reasons for no ex- Foundation and the Contra Costa children."
ceptions to the multiple barriers Health Services Department is
ordinance is to ensure that all designed to give pool owners sets
homes with pools meet the code of alternatives which meet the
when they are sold. Though a minimum safety standards.
homeowner maybe childless,the The ordinance would require
next owner.might not be, said all pools to be equipped with an
Figgsbee. . alarm system which produces an
Many homeowners argue . .audible warning when the doors
against the pro posed ordinan ce, and screens leading to the pool
saying that they own a pool and area,are opened.The alarm must
have raised children who didn't sound for 30 seconds and must be
drown. an 85 decibel,panic-style alarm.
"You were damn lucky!" A pool must have a permanent
Riggsbee counters. four-sided, isolation-style fence,
A child can drown in less time completely surrounding the
than it takes to answer the tele- swimming pool without prevent-
phone and a child can drown in as ing visibility of the pool. An ap-
little as 2 inches of water. In proved pool cover can also be used
California,862 children,ages 1-5, as a barrier to prevent access to
died by drowning from 1978-84. the pool.
•ti
Contra Costa County
Health Services Department
b
William B. Walker, M.D.
Medical Director and
ooSTA, i't't County Health Officer
cocir
October 25, 1991
Ms . Susan M. Leahy, MSW
Project Coordinator
Childhood Injury Prevention Project
75 Santa Barbara Road
Pleasant Hill, CA 94523
Dear Susan:
I am writing this letter in support of the Model Pool Fencing
Ordinance as proposed by the Childhood Injury Prevention Project
(CIPP) and the Drowning Prevention Foundation.
Drowning is the leading cause of death for children ages one to
four in California. In addition to this, it is estimated that for
every drowning there are 4 to 5 near drownings which can result in
permanent, life long, disability.
We support CIPP's efforts to prevent the social and economic
devastation that accompanies the tragedy of childhood drowning and
near drowning. Contra Costa County Health Services recognizes the
need to create a safe protected environment for children. Through
the adoption of this Model Pool Fencing Ordinance this can be
achieved.
We firmly will continue to. support the effort to pass municipal
ordinances for pool fencing in the cities of Contra Costa County.
It is imperative that an effective preventative measure such as
fencing be adopted.
Sincerely,
William B. Walker, -.M.D.
Health Officer .
WW:hh:mpfo
20 Allen Street. Martinez, CA 94553 .(510)370-5010 Office• (510)370-5098 FAX
STATE OF CALIFORNIA--HEALTH AND W. AE AGENCY PETE WILSON, Governor
DEPARTMENT OF DEVELOPMENTAL SERVICES _
1600 9TH STREET
SACRAMENTO,CA 95814
TTY 323-5901
November 6, 1991
To Whom It May Concern:
I would like to commend the Drowning Prevention Foundation for
their laudable efforts to eradicate drownings and near-drownings .
These needless tragedies have become the largest single cause of
accidental death in California for children between one and five
years of age .
The Qrowning Prevention Foundation estimates that more than 4600
drowning and near-drowning incidents occur each year in
residential swimming pools . Each year, 35, 000 years of life are
lost due to the deaths and serious injuries sustained in
residential pools by children under five years of age . In
addition, near-drowning is the leading cause of admission of
children in this age group into California' s developmental
centers.
The Drowning Prevention Foundation is determined to decrease the
incidence of this needless tragedy. To achieve this goal, the
Drowning Prevention Foundation, in collaboration with the Contra
Costa Health Services Department, is working toward the adoption
of a stronger Uniform Building Code Appendix on swimming pool
barriers; seeking passage of statewide legislation; and
advocating enforcement of swimming pool barrier ordinances in
Contra Costa County.
For years, the Department of Developmental Services has
emphasised public education and outreach activities aimed at
preventing childhood drowning and near-drowning. I would like to
express my great appreciation for the Drowning Prevention
Foundation' s vital contribution to this effort
Sincerely,
Dennis G. Amundson
Director
z
JEF'-i9-'
I li:CHU. P. I.C.U. : :41 t�317 F'U� -----
'BAR-DPOWNING PATIENTS:
1990
Reco �.f no sex age county phys-st tV4
-- = M 1614 ALAMEDA
M 3 9 4 SAN JOAQ UIN C
M 377 CONTRA COSTA B
M 4 9 5 CONTRA COSTA C
M ` 1060 COCOCO C 1p
F 798 SONORA J
M 758 COCOCO C a r
M 1183 NAPA C „ r
F 0 COCOCO A p ,
M 479 SOLANO - A
M 3715 ALAMEDA C " " %4 autar,14
F 279 ALAMEDA C
F 863 COCOCO A p � FV
M 496 COCOCO C ° u
337 ALAMEDA C l3�K+,km" !
1991
Record# moo sex age county P h s Y sta tat t
M 883 ALAMEDA
C �3aoLL
M 172 ALAMEDA
M 1051 MARIN C 64,XO/wt AVV�A - dl+
M 708 J GWJ. /wit Ptk;)
F 521 COCOCO J ' u n u
4q
�1� LL ( 7
C L
A 4,E /
510-820-SAVE ,_V
9 MYTHS Or DROWNING ;; ,: 4 . w �`=t '_ z :._ Ds EN ,
P.O.Box 202 Alamo,CA 94507 " ,1
1.Is drowning really a problem? ;t Ri
A. Yes. Drowning is the leading cause of unintentional death p�. v 1JROWN
among children ages 1-4 in California.Aresidentialpoolisl4times - " �''f
more like) to cause a death than an automobile.
DROWNING
Y PREVENTION 'S yyYC ry` fi
�r FOUNDATION t4-A r �"Y •- ✓,f..
� Ota r
2.Don't more children die in open water than in pools? ��x� OOFI i
A No. 5010 of deaths by drowning occur in residential pools. • 1 '•r e' t t,
Natural bodies of water comprise 19%.Public pools another 19%.
A.
3. Isn't it more important to have a locked gate to keep tJ dr ,• �p
I eT y�' •
+ ,'•
neighbors out. ii � *N
A.No.65/oofthechildrenwereattheirownhomeatthelimeofthe ..;
incident.46%of the children were last seen safe inside the house 4• rr �t `j fs . �,. i`? 3 'T r I r '�
just before the drowning.72%had direct access to the pool once
they were outside the home.
Yo
4.Isn't it just parental neglect that causes drowning? ; `^�, «-a' ,,,��
:1.No.According to the U.S.CPSC Drowning Swdy,conscientious I Ad; �'"�"d or su ervision were almost pan its who understand the nee f p . ; r
always present �.,f>`�
5.Won't swimmin g lessons p child f drowning?
rotect a crom
� �a'r.� ys1aT'4�_ya���;�;��'� ��i�°' •� }fiy Fs t
A.No.Swimming lessons do not prepare a child for a drowning or
near-drowning situation. j ��. , . - :,. �t , f.r �,:
S
6.Isn't constant supervision enough to prevent drowning?
RIM
A.No.We recommend p of'"la ers protection which include a well
Y
maintained fence with a self-closing,self-latching gate and alarm
systems,powered safety pool covers,and sel f-closi ng,sel f-1 atchi ng
doors with automatic sliding door closers. 1 _ '
7.Is there any proof that fences or safety barriers work?Can't f d ��,• '
k ,
a child climb over a fence.
A.In studies conducted in Australia and New Zealand,the findings E
suggest that adequate,four-sided pool fencing reduced drownings ! Tlus.literature
by 80%.Studies in Arizona demonstrated a 50%reduction. ;I sponsored
�o
8.Won't fences detract from the aesthetics of pools?
A.There are several kinds of fences to choose from which meet 'I Poolsaver Sol rc Cover Systems
safety requirements and there is also the alternative of an approved Automatic"Pool Safety Covers h g
safety cover. j Momlbello California
9. Do pool owners without young children need to install GI IDI STAR INDUSTRIES OWNING
protective barriers? A ulornalic'Sliding Door Closers&Lakhes " PREVENTION
Fresno,, FOUNDATION
A.35%of residential drownings are not at the home of the victim `"
Cover photo courtesy of'
1
Health department of Western Australia
I •
Graphics
AVE LFE
Klein Graphics,Pleasant Hill,California ,.
A DROWNING HAPPENS IN SECONDS SAFETY GUIDELINES (I'ni?lIAL ,r
® ®
,� s
r
` It could happen to you! A diligent father switches his ® Ncverleaveachildaloncnearwatertoan berthephon
attention to the phone while his.child sinks lifelessly to the the doorbell,go to the bathroom,attend to another child'
DROWNING 1S THE LEADING CAUSE of death, attend to household chores,even for a new"seconds , t:
bottom of the swimming pool.A normally attentive mother .
disability, and injury for children under 5 years of age in
California, and the second leading killer of youngsters is cooking in the kitchen;heryoungsler falls into aneighbor's ® Keepaconstanlcye Oil young.children.playrngmorne
pool.A conscientious babysitter is distracted by the needs of any body of water,wading pool;public pool bathtub orlak
nationwide. At large gatherings,designate an adult to watcl>children
one of her many charges;another wanders off and drowns.
r
play.`s i ts3a
The number of young, severely brain-damaged near- "Obviously,
y supervision is critically important, but it's
drowning ictims has increased rapidly in recent ears. m Pence your pool on all foul sr des with 1 battler that Cis
g P Y Y virtually impossible to supervise small ,� ,
Residential care of these victims avera averages least5feethigh.MoveIawnchairs;tlblesaI otherpotenti
g Y of everyday.That is why parents and caretakers nulst provide r r t
per child, and is the leading cause of admission to state climbing aids away Ironi the fens c to 1 fclp J cep ch�rldi211 or.
P g multiple layers of protection and
hospitals. self-locking gates,au tonnaticsIiding door closers,pool alarms, ♦ Any gate or door leading to the pool area should be set
automatic safety covers,as well as constant supervision. closing and self latching,opening outward,wrtl the late
placed on the pool side out of reach:;1 vJ
®
®
ABOUT THE DROWNING Install panic alarms 01n 111 house doors and'wtlidp��
DROWNING IS PREVENTABLE ! leading to the pool area,automaticslidingilooc;closers and a
PREVENTION FOUNDATION (DPI ) ® aoolnatic safety coves over shed in t .p6ol.le elyireino�
cvvcr before children are allowed in the pool ;rrY;'1
0 Drainoll
'c
DPF's DPF's mission is to prevent the tragedy of drownings A child caul drown in as little as two rucheS!90
watery ;y
through the use of public information,education,and policy
change.DPFisanon-profit,coin munity-based organization ® Keel)reaching and throwing aids,such as poles and lit
preservers,on both sides of the
which was established in 1984.It is recognized both locally
and nationally as a leading expert in drowning prevention x 6 1 1 " 1 �. 9 All non-swilillncrsshould wcarapprovedpersonatflot,
,re �#
methods,technology,policy,and activities. U ,M ':«' Lion devices when they are near water r'3 �,k +
Qt i 1 s 3
�n elf O Swimming lessons do notuisuresafety,'Aboat25%ofil
r
DPF's activities include working to strengthen local, young drowning victims have had swutimmQ41 s ors
♦ TL � � I � i �1Ydi
state, and national legislation on pool fencing; providing ,_ ..� �, � ,� � 'i -, child who falls into wata-unex)cctedl wrll ante and#or'c
�Y�,�i.•,- � sZi',,���•�- . � •, l y pz Mr�tM2•i �f�.
his swimming technical assistance to other local,state,and national coati- mming skills.
, ..
[ions and agencies;producing and distributing educational
Make sure you andallofyourchild'scaretakerscanswir
materials On dIUN'nln )ICVenllOn,and advising parents and elf. ' iQ
bl gl 1 � ; �. and know ]low to pct-Form card10p11I111011ary res'uscitattio
caretakers on improving the safer of backyard pools,s as ,:; ` r (CPR)P g Y Y P P - ,y ,dam
or massive brain damage.
and hot tubs. :x `-
RESOLUTION NO. -92
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
FINDINGS AS TO WHY AMENDMENTS
TO THE UNIFORM CODES ARE NECESSARY
WHEREAS, Section 17958.7 and 18941.5 of the Health and Safety Code of
the State of California requires cities to adopt ordinances which impose the same
restrictions as contained in the California Building Standards code; and
WHEREAS, the 1991 Edition of the Uniform Building Code, 1991 Edition of
the Uniform Plumbing Code and the 1991 Edition of the Uniform Mechanical Code have
been adopted in the California Building Standards Code; and
WHEREAS, this City Council having before it an ordinance adopting those
codes set forth herein above with changes; and
WHEREAS, Section 17958.7 and 18941.5 of the Health and Safety Code of
the State of California authorized cities to make changes or modifications to the
provisions of the California Building Standards Code as the City determines are
reasonably necessary because of local climatic, geological or topographical
conditions; and r
WHEREAS, this City Council has reviewed the reasons for the changes and
modifications as setforth in Exhibit "A".
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 as setforth in 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 27th day of July, 1991.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
-XHIDIT3
EXHIBIT "A"
LIST OF CHANGES AND MODIFICATIONS TO THE 1991 EDITION OF THE
UNIFORM BUILDING CODE, 1991 EDITION OF THE UNIFORM PLUMBING CODE
AND THE 1991 EDITION OF THE UNIFORM MECHANICAL CODE
The sections listed below are section of Ordinance -92 .
Sections 1, 7 , 21, 27 , 28, 31, 33 , are necessary to make the Uniform
Building Code agree with the California Building Standards Code and
State Law.
Sections 2 3 5 8 9 22 and 25 32 34 35 36 37 40 52 53 ,
are not Building Standards and therefore findings are not necessary.
Section 10, adds a provision that very clearly defines the various
wind exposure in the City. This is necessary because of the wind
conditions in and around the City.
Section 11, adds a provision to the Uniform Building Code relating to
the design loads of private bridges. Attorney General Opinion 550PS
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 12 , amends the Uniform Building Code by deleting the provision
for straight board roof sheathing. This modification is necessary
because the Calaveras Fault runs through the City. Straight board
sheathing has little resistance to shear forces caused by earthquakes.
An earthquake on the Calaveras Fault could generate severe ground
shaking.
Sections 13 , 14 and 15, modifies the Uniform Building Code to
prescribe requirements for soil and geologic reports, standards for
grading and measurers to mitigate the effect of expansive soils. This
modification is necessary 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 16, modifies the Uniform Building Code that revises
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 18, adds a requirement that spark arrestors be installed when
additions, alterations and repairs exceeding $1, 000 are done. This is
necessary to prevent chimney sparks from setting fires and because of
a hot, dry, windy climate.
Section 19 and 20, are modifications to the Uniform Building Code.
Automatic fire sprinkles are required in all occupancies based on
1
•ti
r.
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 23 , modifies Section 4501 of the Uniform Building Code
relating to the construction on public property and is not a building
standard.
Section 24 , 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.
2