HomeMy WebLinkAboutItem 6.5 Appeal Elec/Woodland (2)SUBJECT:
CITY CLERK FILE # 0440-40
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 7, 1999
Public Hearingi Appeal of the Application and Interpretation of the
Electrical and Plumbing Codes for Violations Located at the Woodland
Townhomes on Oxford Circle (Association Management Company)
Report Prepared by: Gregory A. Shreeve, Senior Building Inspector
ATTACHMENTS:
1. Letter to Association Management Company Concerning Violation
dated August 31, 1999.
2. Letter from Association Management Company dated 9/2/99.
3. Letter to Association Management Company Ordering Removal of
Locks dated 9/20/99.
4. Letter from Association Management Requesting a Copy of Section
7.28.060 of the Dublin Municipal Code dated 9/24/99
5. Letter from Association Management Company/Attorney's Berding &
Weil LLP dated 10/8/99 with Appeal.
6. Dublin Municipal Code Section 7.36.020
7. Dublin Municipal Code Section 7.40.020
RECOMMENDA~
1. Open Public Hearing
2. Receive Staff Report
3. Receive Applicants Testimony
4. Close Public Hearing and Deliberate
FINANCIAL STATEMENT: None
DESCRIPTION:
The Association Management Company has appealed the findings of the Building Official's
determination that:
1. Installation of locks on the access gates to the gas and electrical meters located on each
building throughout the project, is a violation of the Uniform Plumbing Code and the
National Electrical Code.
2. Installation of such locks constitutes a dangerous electrical, plumbing or mechanical
installation.
COPIES TO: Association Mgmnt. Co./Woodlands Townhomes
Berding & Weil LLP, Attorneys
ITEM NO. ~
,ffACK'GROUND:
On August 16, 1999 a Complaint was received by the Building Department concerning locks preventing
access to the Electrical and gas meter shut offs.
On August 17, 1999 an inspection was performed, and during the course of the inspection the status of
locks preventing access was verified. As a result of this inspection, and subsequent research of the City's
Municipal, Electrical and Plumbing Codes, the Building Official determined that these locks constitute a
dangerous electrical and plumbing installation; and a violation of Section 230-70(a) 1996 National
Electrical Code and Section 1209.3, 1997 Uniform Plumbing Code.
On August 31, 1999 the Management Company was sent a formal notice of violations by the Senior
Building Inspector (Attachment 1).
On September 9, 1999 a response letter was received from the Management Company requesting that the
Building Department revisit this issue, and it was the contention of the Management Company that the
locks did not need to be removed (Attachment 2).
On September 20, 1999 a second notice of violation was sent to the Management Company, ordering the
removal of all locks preventing access to the meters; copies of all applicable codes were enclosed. The
Association Management Company was given until 10/8/99 to remove the violations (see Attachment 3).
On September 28, 1999 a letter was received confirming receipt of 9/20/99, and requesting a copy of
Section 7.28.060 of the Dublin Municipal Code. On September 29, 1999 the code section was faxed to
the Association Management Company.
On October 11, 1999 the City received a faxed letter of appeal from Berding & Weil LLP representing the
Woodland Community Association.
Denying access to the main shut offs in an emergency situation constitutes an extreme fire or electrical
shock hazard. Association Management Company at the direction of the Woodlands Community
Association has refused to remove the locking device.
The intent of the following code sections is to allow the property owner, resident or general public to be
able to shut off the electrical power and/or gas supply in the event of a disaster:
Code Requirements:
1997 Uniform Plumbing Code (as adopted, Dublin Municipal Code Chapter 7.40):
Definitions:
Accessible - when applied to a fixture, connection, appliance, or equipment, "accessible" means having
access thereto, but which first may require the removal of an access panel, door, or similar obstruction.
"Readily accessible" means direct access without the necessity of removing any panel, door, or similar
obstruction.
1209. 0 Gas Meter Locations
2
,1~09:3'All gas meters shall be preceded by a main supply shutoff valve and shall be so placed as to be at
all times readily accessible for inspection, reading, testing, and shutting off the gas supply. All
service piping or main supply shutoff valves must be outside of the building and readily
accessible.
1996 National Electrical Code (as adopted, Dublin Municipal Code Chapter 7.36):
Definitions:
Accessible: (As applied to equipment.) Admitting close approach: not guarded by locked doors,
elevation, or other effective means.
Accessible, Readily: (Readily Accessible.) Capable of being reached quickly for operation, renewal, or
inspections, without requiring those to whom ready access requisite to climb over or remove obstacles or
to resort to portable ladders, chairs, etc.
Service Equipment - Disconnecting Means
230-70 National Electrical Code
General: Means shall be provided to disconnect all conductors in a building or other structure from the
service entrance conductors.
(a) Location. The service disconnecting means shall be installed at a readily accessible
location either outside of a building or structure or inside nearest point of entrance of
the service conductors. Service disconnecting means shall not be installed in
bathrooms.
(b) Marking: Each service disconnecting means shall be permanently marked to identify it
as a service disconnecting means.
Dublin Municipal Code Section 7.28.060
Dangerous electrical, plumbing or mechanical installations.
For the purpose of this chapter, 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:
A. Whenever any protective or safety service specified in this chapter is; not provided
inoperative; nor is defective, dilapidated, deteriorated so as to fail to function as originally
intended;
B. Whenever any installation or any portion thereof because of (1) dilapidation, deterioration, or
decay; (2) faulty construction; (3) obsolescence; (4) inadequate maintenance, which in relation
to existing use constitutes a hazard to life, health, property or safety;
C. Whenever any installation of any portion thereof which is damaged by fire, wind, earthquake,
flood or any other cause so as to constitute a hazard to life, health, property or safety; was
constructed, installed, altered or maintained in violation of this chapter so as to constitute a
hazard to life, health, property or safety;
'D. WTn. ~enever any installation is in such condition as to constitute a public nuisance known to
common law or in equity jurisprudence.
Building Officials Findings:
The Building Official has determined that locks installed on the access gates is a violation of Section 230-
70(a) National Electrical Code, Section 1209.3 Uniform Plumbing Code and Section 7.28.060 Dublin
Municipal Code.
Owner's Appeal of Building Official's Findings:
On October 11, 1999, an appeal request by Woodland Community Association represented by Berding &
Weil, LLP was received by the Building Department (see Attachment 5). The Association is appealing on
the following basis:
1. Strict compliance would be impracticable.
2. Presents a danger to the Association.
3. Installation of the locks does not lessen the fire protection.
Council Action Options:
Under the provisions of D.M.C. Section 7.28.170, the City Council is authorized to take any of the
following actions:
1. Uphold the Building Official's decision.
2. Grant a variance or variances with conditions if the Council finds that enforcement
would be contrary to the spirit and purpose of the Electrical Code, Dublin Municipal
Code Section 7.36.020 (Attachment 6), and the Plumbing Code, Dublin Municipal
Code 7.40.020 (Attachment 7).
3. Approve alternate means of enclosing the meters while allowing public access and
overrule the decision of the Building Official
4. Appoint a Board of Appeals to hear and render a determination of this appeal.
* In making an interpretation or granting a variance, the Council shall make the following findings:
That the interpretation or variance is consistent with the purpose of this chapter.
That the interpretation or variance will not lessen the protection to the people of the City and the
property situated therein.
Staff Recommendation:
Staff recommends that the City Council open the Public Hearing, receive the staff report, receive the
Applicants testimony, close the Public Hearing, deliberate and by "Straw Vote" provide direction
regarding the appeal. The City Attorney will prepare a resolution incorporating Council's direction for
formal adoption at the next Council meeting.
4
CITY OF DUBLIN
RO. Box 2340, Dublin, California 94568
City Offices, 100 Civic Plaza, Dublin, California 94568
August 3 l, 1999
Association Management Company
235 Main Street Suite H
Pleasanton, CA 94566
RE: WARNING NOTICE - Woodland Townhomes - Oxford Circle
Attention: Cristine Amicle:
It has come to the attention of the City of Dublin that you have installed, or have ordered
the installation of locks on the access gates to the gas and electrical meters located on
each building throughout the project. This is a violation of the City of Dublin Municipal
Code Section 7. 28. 060. Dangerous electrical, plumbing or mechanical installations.
Section 230-70 (a), 1996 National Electrical Code states, The service disconnection
means shall be installed at a readily accessible location.
Section 1209. 3. 1997 Uniform Plumbing Code states, All gas meters shall be preceded by
a main supply shutoff valve and shall be so Placed as to be at all times readily accessible
for inspection, reading, testing, and shutting offthe gas supply. All service piping or
main supply shutoff valves must be outside of the building and readily accessible
In order to correct the violations, it will be necessary for you to remove all locks not
allowing access to the above meter locations.
Further enforcement action will be postponed if you correct the above listed violations
within ten (10) days or by September 13, 1999. Failure to comply with the above notice
may result in citations being issued.
If you have any questions regarding this matter, please feel free to contact our office at
(925) 833-6620.
Thanl~. you for your i .mynediate attention and cooperation concerning this matter.
Greg0ffy A. Shreeve Sr.
SENIOR BUILDING INSPECTOR
cc Site ATTAOHMENT
Enforcement File
Correspondence File
Administration (510i 833-6650 · City Council (510) 833-6605 - Finance (510) 833-6640 - Building inspection (510) 833-6620
Code Enforcement (510) 833-6620 - Engineering (510) 833-6630 · Parks & Community Services (510) 833-6645
Economic Development (510)833-6650 o Police (510)833-6670- Public Works (510)833-6630
Community Development (510) 833-6610 · Fire Prevention Bureau (510) 833-6606
WOODLANDS COMMUNITY ASSOCIATION
c/o Association .~Sanagement Company, Inc., Post Office Box 503, Pleasanton, CA 94566
Telephone: 925-462-2138 Facsimile: 925-462-8865
September 2, 1999
Gregory A. Shreeve, Sr.
Senior Building Inspector, City of Dublin
P.O. Box 2340
Dublin, California 94568
Re: Locking of Utility Areas - Woodlands
Dear Mr. Shreeve:
We are in receipt of your letter of August 31, 1999 concerning the installation of combination locks on the utility
closets at The Woodlands complex in Dublin.
This action was taken at the request of the Board of Directors of The Woodlands Community Association because
there have been several disturbing incidents of late conCerning these utility closets. Recently it was discovered that
a resident was storing flammable materials in one of the closets. On almost a weekly basis, one resident in
particular takes it upon herself to put garbage containers (full) in the closet area (these containers are placed out for
collection by a resident, and this other resident takes it upon herself to hide them in the closet if she feels they are
placed out too early). We have also found empty trash containers in the closets (by the same resideut). We have
also found mail and packages addressed to Woodlands residents in the utility closet (apparently left at a doorstep
too long in the opinion of one particular resident.)
A combination lock was placed on the gate to insure the safety of the residents at The Woodlands. The
combination to this lock has been provided to PG&E, Pac Bell and T.C.I. The Board members, all residing at The
Woodlands, have the combination. In case of a serious emergency, the utility fence is made of wood material and
the gate can be easily dismantled or the lock clipped off, even if there was not someone present to unlock the gate.
I respectfully submit that installation of these combination locks is not in violation of the codes you cited; but
rather, they are necessary for the health and safety of the residents at The Woodlands.
Section 7.28.060
Section 230-70(a)
Section 1209.3
There is no eminent danger by installation of the lock as
combinations are provided to all necessary parties.
The service disconnection is installed at a readily
accessible location.
Complies
It appears to me that the installation of this lock is no different than installation of the pool gate lock; within this
area is the gas meter and shut offfor the pool. If you would like the combination to the locks, we will be happy to
provide it to you as well as the Fire Department.
Thank you for your attention to this matter and please call me if you would like to discuss further.
Christine Am/ekZ'Manager
Woodlands Community Association
CC:
Board of Directors
Stephen Weft, Esq.
CITY OF DUBLIN
P.O. Box 2340, Dublin, California 94568
September 20, 1999
City Offices, 100 Civic Plaza, Dublin, California 94568
Christine Amick, Manager
Association Management Company
235 Main Street, Suite H
Pleasanton, CA 94566
RE: WOODLAND TOWNHOMES
We are in receipt of your response letter of September 2, 1999, concerning the installation
of locks on the utility closets of the above referenced project.
Enclosed please find copies of the code Section 7.28. 060, Dublin Municipal Code,
Dangerous electrical installations; Section 230-70(a), 1996 National Electrical Code,
Section 1209. 3, 1997 Uniform Plumbing Code, and Definitions of Readily Accessible
from both codes.
As you can see, no locks are allowed to prevent access to the electrical or gas meters.
You are hereby ordered to remove all locks that prevent access to these meters.
Further enforcement action -.~.'ill be postponed if you correct the violations listed above
within 10-days or by Octobe? 8, 1999. (Please refer to letter dated August 31, 1999)
You may appeal this action t.,:~ the City Council; such appeal shall be in writing and filed
within ten (10) days. For yogin- convenience we are enclosing copies of Section 7.28.170,
Appeals and Section 7.28.20~?~ Violation, Penalty of the Dublin Municipal Code.
If you have any questions re:: ::.:-ding this matter, please feel free to contact our office at
(925) 833-6620./rl~ank you .(.:: your immediate attention and cooperation.
Gregory A. Shreeve, Sr.
SENIOR BUILDING INSPE';: FOR
GAS :cf
Enclosures
cc: Site File
Enforcement File
Correspondence File
Administration (925)833-6650 o City CoL-
ATTACHMENT
(925) 833-6605 o Finance (925) 833-6640 · Building inspection (925) 833-6620
Code Enforcement (925) 833-6622 Engineering (925) 833-6630 - Parks & Community Sen'ices (925) 833-6645
Economic Development (~.2:833-6650 - Police (925)833-6670 · Pubiic Works (925)833-6630
Community Deveio:- .mt (925) 833-6610 · Fire Prevention Bureau (925) 833-6606
WOODLANDS COMMUNITY ASSOCIATION
c/o Association ~,,[anagelnent Company, Inc., Post Office Box 503, Pleasanton, CA 94566
Telephone: 925-462-2138 Facsimile: 925-462-8865
September 24, 1999
Gregory A. Shreeve, Sr.
SENIOR BUILDING INSPECTOR
City of Dublin
P.O. Box 2340
Dublin, California 94568
· C~D' OF
iNSPECTION
Dear Mr. Shreeve:
We are in receipt of your letter of September 20. concerning the utility closets at The Woodlands.
This is written to confirm that this matter has been referred to the attorneys who represent The
Woodlands Community Association, for their review and response.
Also, your letter indicated that you enclosed copies of code Section 7.28.060, Dublin Municipal
Code, Dangerous Electrical Installations. This code section was not included in the letter. If you
could please fax or mail a copy of this section to our office, it would be appreciated.
Very truly y. ours, .,
Chri~
Woodlands Community Association
C¢7
Steven Weil, Esq.
Marilyn Stewart, Esq.
Board of Directors
ATTAOHMENT ¢
10/08/99 FRI 16:07 F.~X 925 820 5592 BERDING&WEIL #2 ~002
BERDING WElL LtP
ATTO RN EY5 AT LAW
MAR.ILYN J.
msttwart~berding.weil.com
REPLY TO
ALAMO OFFICE
October 8, 1999
VIA FACSIMILE AND U.S. MAIL
City Council
City of Dublin
100 Civic Pls?a
P.O. Box 2340
Dublin, CA 94568
Mr. Gregory A. Shreeve, Sr.
Senior BuiIding Inspector
100 Civic Plaza
P,O. Box 2340
Dublin, CA 94568
Re:
Woodlands Community Association
Appeal Based on City. of Dublin Municipal Code Seetion_7~2_SAS_0
Dear Honorable Mayor, City Council and .Mr. Shreeve:
We ate writing to you on behalf of our client the Woodlands Community Association, a
planned unit development located in Dublin, regarding the issue of the Association's installation of
locks on access gates to utility areas containing gas and electrical meters located at each building in
the development.
As explained to Mr. Shreeve by the Association's manager Christine Amick, unknown persons
have been placing flammable materials near gas lines, and children have been playing in the mility
areas. In addition, tmlmown persons have stored trash, garbage and debris in these closets. Out of
genuine concern for the safety of the residents and for the purpose of preventing dangerous and
unauthorized use of the utility rooms by unknown persons, the Association installed locks on the
utility area fences. The Association thereafter provided the combination to the locks to all applicable
utility companies and personnel and tO all Board members, and them have been no problems or
complaints regarding meter readings or access to the storage area by authorized service personnel.
The Association will provide the combination to the Fire Department.
The City has notified the Association that the installation of the lOcks is in violation of the City
of Dublin Municipal Code; the National Electrical Code and the Uniform Pltuubing Code.
ATTACHMENT
3240 5tone Valley Road Wt.-st
AI.qmo, CA 94507-1558
Telephone: 925 838-2090
Fax: 9Z5 820 5592
140 Geary .qn'eet
Ninth Floor
San Frm~cLsco, CA 94108-5630
Tdephone: 415 782.2680
Fax: 415 782-2676
Z~39 Gold Meadow Way
~uite 2_7.0
Sacramento, CA 95670-4443
Telephone: 916 85~-~910
10/08/99 FRI 16:08 FAX 925 820 5592
BERDING&WEIL #2
~ 00~
Honorable Mayor and City Council
Gregory A. Shreeve, Sr.
City of Dublin
October 8, 1999
Page 2
It is the Association's position that strict compliance with the Municipal Code is impractical.,
presents a danger to the Association and its residents and that the installation of combination locks
on the fences is in conformity w/th the iment and purpose of the applicable Code sections; that is,
neither fire protection nor structural integrity is lessened. In addition, the Association is entirely
amenable to working with the City to come up with an alternative lock system (master.key locks rather
than combination locks) or security arrangement that satisfies the City's requirements based on the
City's experience with similar security breach incidents in the past. Accordingly, based on Section
7.28.1.40 through Section 7.28.170, we ask that, at least until the Association is able to resolve the
issue of dangerous and unauthorized use of the utility areas by unknown persons, the City grant the
Association a modification based on the facts presented above.
We are informed that the City may initiate an enforcement action against the Association on.
October 8, 1999. We respectfully request that any enforcement action against the Association be
deferred or discontinued pending your response to this letter.
In addition, we request that, based on Section 7.28.170 of the City of Dublin Municipal Code,
this letter be considered a formal appeal to the City Council of the Building Official's application or
interpretation of the provisions of fl~e Code and/or approval Of alternate materials Or methods of
construction.
Thank you for your consideration of the above request mad appeal on behalf of the Association.
Please contact either me or David Larsen of this office at your earliest convenience so that this matter
may be resolved.
Very truly yours,
BERDING & WEIL, LLP
MJS:sft
Board of Directors
Woodlands Community Association
B[ROlNG C2 WElL LLP
ATTORNleY5 AT LAW
Chapter 7.36
1996 NATIONAL ELECTRICAL CODE
Sections:
7.36.010
7.36.020
7.36.030
7.36.040
7.36.050
7.36.060
7.36.070
7.36.080
7.36.090
Title.
Purpose.
Adoption.
Scope.
Exceptions.
Additions, alterations and repairs.
Fire alarms.
Section 210-53, Office receptacle outlets-Added.
Article 336-4-Amended.
7.36.010 Title.
The National Electrical Code adopted by Sections 7.36.030 and the provisions of this
chapter is the City 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.
7.36.020 Purpose.
A. The promotion and preservation of the public health, safety, and general welfare of
the people of the City and the property situated therein have made necessary the adoption
of the National Electrical Code referred to in Section 7.36.030 in order to adequately
safeguard life, health, property, and general welfare.
B. The purpose of this code is not to create or otherwise establish or designate any
particular class or groups of persons who will or should be especially protected or
benefited by the terms of this code.
7.36.030 Adoption.
The "National Electrical Code 1996," published by the National Fire Protection
Association, a copy of which is filed in the office of the City Clerk, is adopted by
reference as the electrical 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 7.36.070 and 7.36.090 of this chapter.
7.36.040 Scope.
A. The provisions of this code shall apply to the installation, erection, construction,
enlargement, addition to, alteration, repair, moving, removal demolition, conversion, use,
and maintenance of any electrical wiring, appliances, devices, equipment, and
apparatuses used for or in connection with the transmission or use of electrical energy for
light, heat, power, radio, signaling communication or for other purpose in any building,
structure, or premises within the City.
B. The permissive provisions of this code shall not be presumed to waive any
limitations imposed by any other law, ordinance, rule, or regulation. If two (2) or more
oft ATTACHMENT
pertinent limitations shall prevail which provide greater safety to life, health, property or
public welfare.
C. Electrical appliances and equipment shall be made accessible to the physically
handicapped. Whenever there is a conflict between the provisions of this code and Title
24 California Code of Regulation, the provisions of Tide 24 shall prevail.
7.36.050 Exceptions.
The provisions of this code shall not apply to:
A. Work located in a public street;
B. Electrical installations within trailer coaches, campers, motor vehicles, railroad cars
and aircraft; however, if any of the foregoing are permanently placed on the ground or
have their wheels removed for other than temporary repairs, they shall comply with all
the provisions of the electrical code;
C. Electrical installations within houseboats or other watercrafts; however, if any of the
foregoing are stored out of the water and used for any purpose whatsoever, they shall
comply with all the provisions of the electrical code;
D. Electrical installations owned or operated by a public utility for the use of such
utility in the generation, transmission, distribution or metering of electrical energy;
E. Radio and television receiving equipment, amateur radio transmitting and receiving
equipment, and community antenna television systems.
7.36.060 Additions, alterations and repairs.
A. Al1 work done in connection with an addition to an existing electrical installation
shall conform to the applicable provisions of this code. In addition, any portion of an
existing electrical installation which would become overloaded or have its capaCity
exceeded as determined by the standards in this code for new installation as a result of the
addition shall be made to conform to the applicable provisions of this code.
B. Alterations, repairs to, or replacement of equipment in any existing electrical
installation shall conform to the applicable provisions of this code except that the
Building Official may allow deviations from the provisions of this code, provided the
deviations are necessary due to the circumstances of the existing conditions; the existing
condition was permitted by a previous Code; and such deviation does not create or
continue a hazard to life, health, and property.
7.36.070 Fire alarms.
All fn'e alarm systems shall conform to the requirements of Title 24, California
Administrative Code, Article 3-760.
7.36.080 Section 210-53, Office receptacle outlets2Added. '
Section 210-53 is added to read:
Section 210-53 Office Receptacle Outlets. In office buildings or offices
exceeding ten (10) percent of the floor area of the major use receptacle outlets shall be
installed in all permanent walls or partitions so that no point along the floor line any wall
space is more than six (6) feet (1.83m) measured horizontally, from an outlet in that
Page 2 of 3
space including any wall space two (2) feet (610 mm) or more in width and the wall
space occupied by sliding panels in exterior walls.
As used in the section a "wall space" shall be considered a wall unbroken along
the floor line by doorways, fireplaces and similar openings. Each wall space two (2) or
more feet (610 mm) wide shall be treated individually and separately from other wall
spaces within the room. A wall space shall be permitted to include two or more walls of a
room (around comers) 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 ½) feet (1.68 m) above the floor.
7.36.090 Article 336-4-Amended.
Article 336-4 is amended by replacing it with the following:
(a) Type NM, NMC or NMS. Types NM, NMC and NMS cables shall not be
Used (1) in any dwelling or structure exceeding three floors above grade; (2) as Service-
entrance cable; (3) embedded in poured concrete; or (4) in any non-residential
occupancy, For the purpose of this article, the first floor ora building shall be that floor
that has 50 percent or more of the exterior wall surface area level with or above finished
grade. One additional level that is the fn:st level and not designed for human habitation
and used only for vehicle parking,' storage or similar use shall be permitted.
Page 3 of 3
Chapter 7.40
1997 UNIFORM PLUMBING CODE
Sections:
7.40.010
7.40.020
7.4O.O3O
7.40.040
7.40.050
7.40.060
7.40.070
7.40.080
7.40.090
7.40.100
Title.
Purpose.
Adoption.
Scope.
Exceptions.
Additions, alterations and repairs.
Section 609.3, Chapter 6, Water piping in slab floors-Amended.
Sections 701.1, Chapter 7, Materials-Amended.
Sections 903.1, Chapter 9, Materials-Amended.
Section 1101.3. Chapter 11, Materials-Amended.
7.40.010 Title.
The Uniform Plumbing Code adopted by Section 7.40.030 and the provisions of this chapter is
the City 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".
7.40.020 Purpose
A. The promotion and preservation of the pubic health, safety and general welfare of the
people of the City and the property situated therein have made necessary the adoption of the
Uniform Plumbing Code referred to in Section 7.40.030 in order to adequately safeguard life,
health, property, and general welfare.
B. The purpose of this code is not to create or otherwise establish or designate any particular
class or groups of persons who will or should be especially protected or benefited by the terms of
this code.
7.40.030 Adoption.
The "Uniform Plumbing Code," 1997 Edition, published by the International Association of
Plumbing and Mechanical Officials, including Appendix Chapters A, B, D, E, H, I, and K, 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 provision of Section 50022.1 es seq. of the Government Code of
the State of California except as hereinafter modified in Sections 7.40.060 through 7.40.100 of
this chaPter
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.
Page 1 of 3
ATTACHMENT
B. The permissive provisiOns of this code shall not be presumed to waive any limitations
imposed by any other law, ordinance, rule, or regulation. If two (2) or more pertinent limitations
shall prevail which provide greater safety to life, health, property, or public welfare.
C. Plumbing fixtures and equipment shall be made accessible to the physically handicapped.
Whenever there is a conflict between the provisions of Tide 24, Califomia Code of Regulations,
and this code, the provision to Title 24 shall prevail.
7.40.050 Exceptions.
The provisions of the plumbing code shall not apply to:
A. Work located in a public street:
B. Plumbing systems within trailer coaches, campers, motor vehicles, raikoad cars and aircraft:
however, if any of the foregoing are permanently placed on the ~ound or have their wheels
removed for other than temporary repairs, they shall comply with all the provisions of the
plumbing code:
C. Plumbing systems within houseboats or other watercraft; however, if any of the forgoing are
stored out of water and used for any purpose whatsoever, they shall comply with all the
provisions of the plumbing code:
D. Building sewers as defined in Chapter 2 of the 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.
7.40.060 Additions, alterations and repairs.
A. All work done in connection with an addition to an existing plumbing installation shall
conform to the applicable provisions of this code. In additions, any portion of an existing
plumbing installation which would become overloaded or have its capaCity exceeded as
determined by the standards in this code for new installation as a result of the addition shall be
made to conform to the applicable provision of this code.
B. Alterations, repairs to, or replacement of equipment in any existing plumbing installation
shall conform to the applicable provisions of this code except that the Building Official may
· allow deviations from the provisions of this code, provided the deviations are necessary due to
the circumstance of the permitted by a previous code; and such deviation does nor create or
continue a hazard to life, health and property
7.40.070 Section 609.3, Chapter 6, Water piping in slab flOorS-Amended..
Section 6.09.3, fn'st paragraph, is amended by replacing it to read:
Section 609.3 Water piping shall not be installed in or under a concrete floor stab within a
building without prior approval of the Building Official. When approved; such piping shall be
installed in accordance with the following requirements:
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7.40.080 Section 701.1, Chapter 7, Materials-Amended.
Section 701.1 is amended by replacing subsection 701.1.2 to read:
701.1.2 ABS and PVC DWV piping installations shall be limited to residential construction not
exceeding two (2) stories in height and to relocatable public school buildings. For the purpose of
this subsections, 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. 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.
7.40.090 Section 903.1, Chapter 9, Materials-Amended.
Section 903.1 is amended by replacing subsection 903.1.2 to read:
903..1.2 ABS and PVC DWV piping installations shall be limited to residential construction not
exceeding two (2) stories in height and to relocatable public school buildings. For the purpose of
this subsections, the first floor ora building shall be that floor that has fifty (50) 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 par'king, storage
or similar use shall be permitted.
7.40.100 Section 1101.3. Chapter 11, Materials ... Amended.
Section 1101.3 is amended by replacing subsection 1101.3 to read:
1101.3.1 Material Uses. Rainwater piping placed within the interior of a building or nm within
a vent or shaft shall be of cast iron, galvanized steel, wrought iron, brass, copper, lead, Schedule
40 ABS DWV, Schedule 40 PVC DWV, or other approved materials. Change in direction shall
conform to the requirements of Section 706.0. ABS and PVC DWV piping installations shall be
limited to residential construction not exceeding two (2) stories in height and to relocatable
public school buildings. For the purpose of this subsection, the f~rst 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. One additional level that is the first level and not designed for human habitation
and used only for vehicle par'king, storage or similar use shall be permitted.
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