HomeMy WebLinkAbout6.3 Updates to the City’s Construction and Fire Codes in Accordance with Requirements of State LawCELEBRATING
STAFF REPORT
CITY COUNCIL
DUBLIN
CALIFORNIA
Agenda Item 6.3
DATE: November 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT : Updates to the City's Construction and Fire Codes in Accordance with
Requirements of State Law
Prepared by: GregoryShreeve Sr., Chief Building Official
EXECUTIVE SUMMARY:
The City Council will consider adopting an Ordinance repealing the 2019 California Building
Standards Code and adopting the 2022 California Building Code. In connection with this action,
the City Council will be asked to approve findings relating to the City's local amendments to the
California Building Standards Code. The 2022 Edition of the California Building Standards Code
was approved by the California Building Standards Commission earlier this year and will go into
effect on January 1, 2023. The City must adopt an Ordinance incorporating the updated provisions
to ensure accuracy and alignment with state law. On November 1, 2022, the City Council waived
the first reading and introduced the ordinance and the City Council is now being asked to adopt
the Ordinance.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate and: 1) Adopt the Resolution Approving Findings Regarding
the Need for Local Amendments to Provisions in the California Building Standards Code as
Adopted by the State of California, in the California Code of Regulations, Title 24, to be Adopted by
Reference in the Dublin Municipal Code; and 2) Waive the second reading and adopt the
Ordinance Repealing and Replacing Chapters 5.08 (Fire Code), 7.28 (Building Regulation
Administration Code), 7.32 (Building Code), 7.34 (Residential Code), 7.36 (Electrical Code), 7.40
(Plumbing Code), 7.44 (Mechanical Code), 7.48 (Building Maintenance Code) and 7.94 (Green
Building Code) of the Dublin Municipal Code, and Repealing Chapter 7.24 (Flood Control) and
Adopting Chapter 7.24 (Floodplain Management Regulations) and Adding Chapter 7.46 (Existing
Building Code) to the Dublin Municipal Code, in Order to Adopt by Reference and Amend
Provisions of the 2022 Edition of the California Building Standards Code, Title 24, California Code
of Regulations, and Adding Chapter 7.45 (Swimming Pool and Spa Code) to the Dublin Municipal
Code in Order to Adopt by Reference and Amend Provisions of the 2021 Edition of the
International Swimming Pool and Spa Code.
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FINANCIAL IMPACT:
The cost associated with implementing the new codes, such as materials and training, have been
included in the Fiscal Year 2022-23 Budget.
DESCRIPTION:
Background
The California Building Standards Commission, along with other State agencies, reviews and
amends Title 24 of the California Building Standards Code (CBSC) approximately every three
years. The CBSC contains several codes including the California Building Code and the California
Electrical Code. Each of these codes are applicable and enforceable at the local level. The 2022
Edition of the CBSC was approved by the California Building Standards Commission earlier this
year and will go into effect on January 1, 2023. The City must adopt an ordinance incorporating
the updated provisions to ensure accuracy and alignment with state law.
Local jurisdictions may amend the provisions of the CBSC with the adoption of a resolution finding
that the changes are necessary to account for local climatic, geological, or topographical
conditions. However, these amendments must be at least as stringent as those outlined in the
CBSC.
The City Council made several such amendments with the adoption of the 2019 Edition of the
codes. These previously adopted local amendments have been incorporated into the proposed
code update adopting the 2022 Edition, with several modifications as discussed later in this Staff
Report.
Proposed Ordinance
The proposed Ordinance will amend Chapters 5.08, 7.24, 7.28, 7.32, 7.34, 7.36, 7.40, 7.44, 7.48 and
7.94 of the Dublin Municipal Code (DMC) and add Chapters 7.45 and 7.46 to the DMC. The
proposed Ordinance does not adopt the permit fee tables in the codes, thus maintaining the City's
current permit fees. The proposed Ordinance will supersede and replace the previously adopted
codes, and will benefit the City by:
1. Ensuring the City's compliance with the States building standards laws;
2. Ensuring consistency with neighboring jurisdictions and the Bay Area;
3. Providing internally consistent, coherent, and easier -to -use codes; and
4. Making it easier for the public to review and to understand the model code requirements.
This report focuses on Staff -recommended local amendments to the 2022 Edition of the code, and
modifications to local amendments that were previously adopted by the City Council during the
last code update.
On November 1, 2022, the City Council waived the first reading and introduced an ordinance
repealing and replacing sections of the Dublin Municipal Code (DMC) that address the
construction and fire codes. The City Council is now being requested to conduct a public hearing
and adopt the Ordinance amending the DMC along with a Resolution approving findings regarding
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the need for local amendments to the California Building Standards Code.
Analysis
The following is an overview of the proposed local amendments to the Dublin Municipal Code.
Attachments 1 and 2 provide a complete list of all proposed local amendments to the Construction
and Fire Codes, and associated findings. The draft Ordinance is provided as Attachment 3.
Fire Code - DMC Chapter 5.08
The amendments to the Fire Code (Attachment 4) are required to adopt the latest California Fire
Codes. Staff recommends deleting the following local amendment that was previously adopted by
the City Council:
1. Section 5.08.120, the table for separation distances between wood pallet stacks and
buildings. This requirement is now in the California Fire Code.
Floodplain Management Regulations (Formally the Flood Control Chapter) - DMC Chapter 7.24
The adoption of the Floodplain Management Regulations is required as a replacement for the
Flood Control Chapter. The City's existing Flood Control Chapter is based on an outdated version
of the Floodplain Management Regulations of the Federal Emergency Management Agency
(FEMA) and the California Department of Water Resources (DWR).
Staff recommends the following higher standards for the model Floodplain Management
Regulations be included in this code:
1. Cumulative Substantial Improvement — These amendments will require a review of the
10-year history of permitted work on a property. The 10-year period will begin January 1,
2023. This is a change from current practice of reviewing a three-year history of permits.
As the beginning date of the review period changes to January 1, 2023, this new
requirement will not affect projects until after January 1, 2026. One of the objectives of the
National Flood Insurance Program (NFIP) is to reduce the long-term exposure of buildings
to flood damage. To achieve this objective, the NFIP requires that existing buildings be
brought into compliance if improvements, including additions and repairs, are determined
to be Substantial Improvement. If the cost of proposed improvements equals or exceeds 50
percent of the market value of the building before improvements are started, the building
will be required to be brought into compliance for new construction.
2. Dwelling Design — new one- and two-family dwellings and substantial improvements to
these buildings that are located in a flood hazard area will be required to be designed to a
higher standard to account for the potential for flood loads. This modification is necessary
to account for rising sea levels that have the potential to create conditions such as fast-
moving floodwater, flood depths greater than a few feet, wave action, and potential scour
and erosion.
3. Nonconversion agreements — these amendments will require builders of elevated
buildings located in a flood plain to record a nonconversion agreement. The nonconversion
agreement is used to inform buyers of the property that the area below the elevated
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building is limited to parking of vehicles, storage, and building access. NFIP flood insurance
coverage is more expensive if buildings have enclosed areas and coverage of enclosures is
limited. This regulation will require builders and or property owners to record a signed
nonconversion agreement to acknowledge the restrictions on use of enclosures below
elevated buildings and to agree not to modify or convert the enclosures. The objective is to
reduce the likelihood that owners, including future owners, might convert enclosures to
uses other than those permitted.
4. Repetitive Flood Damage loss — one of the objectives of the NFIP is to break the cycle of
damage, repair, and damage again. To achieve this objective, the NFIP requires that existing
buildings be brought into compliance when they incur Substantial Damage. A building is
determined to have incurred Substantial Damage ifitis damaged by any cause and the cost
to repair the building to its pre -damage condition equals or exceeds the 50 percent of the
market value of the building before the damage occurred. Per the NFIP, when communities
adopt a definition for Substantial Damage that includes "repetitive loss," owners of NFIP -
insured structures that sustain repetitive flood damage may also be eligible to apply for
Increased Cost of Compliance funds even if the damage does not meet the standard 50
percent threshold for Substantial Damage by a single -event. For property owners to
qualify, communities must adopt and enforce the repetitive loss provision on all buildings,
not just those that are covered by NFJP flood insurance.
5. Determination of Base Flood Elevation (BFE) — Dublin has areas within the City where the
Flood Insurance Rate Map (FIRM) does not show the base flood elevations. These areas are
called "unnumbered Zone A" or "approximate Zone A." The NFIP regulations state that
where flood elevation data has not been provided, communities must "obtain, review, and
reasonably utilize any base flood elevation and floodway data available from a Federal,
State, or other source." However, some data from other sources is old and out of date and
may not reasonably represent current flood hazards. This modification will require the
applicant to include base flood elevation data prepared by a qualified professional engineer
in accordance with accepted techniques. The modification is necessary to reasonable
protect new construction from flood damage caused by rising sea levels.
The DWR, on behalf of the State and FEMA, has reviewed and approved the proposed regulations.
Building Regulations Administration Code - DMC Chapter 7.28
The amendments to the Building Regulations Administrative Code (Attachment 6) are required to
remain current with State Law. Staff recommends the following modifications and additions to
local amendments previously adopted by the City Council:
1. Sections 7.28.100 and 7.28.110 — add definitions and process requirements for
determining substantially improved and substantially damaged existing buildings in a flood
hazard zone. This action is necessary to codify existing procedures and to be consistent
with DMC chapter 7.24, Floodplain Management Regulations.
2. Section 7.28.120 — add the Swimming Pool and Spa Code and the Existing Building Code
regulated by the Building Regulations Administration Code. The modification is necessary
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to codify the administration regulations for these two codes.
3. Section 7.28.260 — add the Swimming Pool and Spa Code and the Existing Building Code to
the Code Conflicts section. The modification is necessary to codlfy the administration
regulations for potential conflicts between the State Codes and City amendments.
4. Section 7.28.330 — modify the permit application submittal process to require all plans to
be submitted in an electronic format. This modification is necessary to codify current
practices.
5. Section 7.28.390 — add a requirement for the owner or the owner's authorized agent to
post the live loads of floors under prescribed conditions. This addition is necessary to
remain current with State Law.
6. Section 7.28.600 — amend the notifications of inspections as follows:
a. Inspection #F, Lowest Floor Elevation clarifying that the requirement is triggered by
either the Floodplain Management Regulations (7.24) requirements, the Building
Code (7.32) or Residential Code (7.34). The requirements do not change.
b. Inspection #M, adding the requirement for tall wood buildings connection
protection inspection. This is necessary to remain current with State Lawand does
not change the requirement.
c. Inspection #Q, adding a requirement for Fire and Smoke - Resistant Penetrations
inspections. This is necessary to remain current with State Lawand does not
change the requirement.
d. Inspection #U, adding a requirement for Flood Hazard Documentation. This is
necessary to remain current with State Lawand Federal Regulations. This does not
change the current requirement.
Building Code - DMC Chapter 7.32
The amendments to the Building Code (Attachment 7) are required to adopt the latest California
Building Codes. Staff recommends a modification to the following local amendment that was
previously adopted by the City Council:
1. Section 7.32.230 — update Wall Bracing requirements to include newly adopted forms of
seismic sheathing of walls. This modification is necessary to address Dublin's seismic risk
and to be consistent with neighboring jurisdictions
In addition, Staff recommends the following new local amendments to this code:
1. Section 7.32.120 — add definitions for determination or substantially improved and
substantially damaged existing buildings in a flood hazard zone. This action is necessary to
codify existing procedures and to be consistent with DMC chapter 7.24, Floodplain
Management Regulations.
2. Section 7.32.290 — modify to update the proper procedures for violations of the
Floodplain Management Regulations requirements chapter in this code. This is necessary
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to maintain consistency in the DMC.
3. Section 7.32.300 — modify to designate the floodplain administrator. This is necessary to
maintain consistency in the DMC.
Residential Code - DMC Chapter 7.34
The amendments to the Residential Code (Attachment 8) are required to adopt the latest
California Residential Code. Staff recommends the following modifications to local amendments
previously adopted by the City Council:
1. Section 7.34.040 — modify to update the live/work exception. This modification is
necessary to remain consistent with State Law.
2. Section 7.34.070C — modify to include an exception to the separate gas and electrical
meter requirement by adding an exception for Junior Accessory Dwelling Units. This
modification is necessary to remain consistent with State Law.
3. Section 7.34.120 — modify to update the design standards for buildings constructed under
this code. This modification is necessary to remain consistent with State Law.
In addition, Staff recommends the following new local amendments to this code:
1. Section 7.34.110 — add definitions for determination or substantially improved and
substantially damaged existing buildings in a flood hazard zone. This action is necessary to
codify existing procedures and to be consistent with DMC chapter 7.24, Floodplain
Management Regulations.
2. Sections 7.34.130 and 7.34.170 — modify to update the design requirements in flood
hazard areas. This action is necessary to be consistent with DMC chapter 7.24, Floodplain
Management Regulations.
Further, Staff recommends deleting the following local amendment that was previously adopted
by the City Council:
1. Section 7.34.140 — originally deleted the fire sprinkler provisions in this code and
referenced the Fire Code. This deletion is no longer necessary as the two codes are now
consistent.
Electrical Code - DMC Chapter 7.36
The amendments to the Electrical Code (Attachment 9) are required to adopt the latest California
Electrical Codes. The existing modification setting standards for the location of electrical
receptacles in office spaces has been brought forward.
Plumbing Code - DMC Chapter 7.40
The amendments to the Plumbing Code (Attachment 10) are required to adopt the latest
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California Plumbing Codes. The existing local amendment restricting the installation of water
piping under a concrete slab has been brought forward. Staff recommends one deletion from this
code:
1. Section 7.40.090 — originally deleted the fire sprinkler provisions in this code and
referenced the Fire Code. This deletion is no longer necessary as the two codes are now
consistent.
Mechanical Code - DMC Chapter 7.44
The amendments to the Mechanical Code (Attachment 11) are required to adopt the latest
California Mechanical Codes. The existing local amendment deleting the administrative chapter
has been brought forward.
Swimming Pool and Spa Code - DMC Chapter 7.45
The adoption of the Swimming Pool and Spa Code (Attachment 12) is required to adopt the
International Swimming Pool and Spa Code (ISPSC) as a replacement for the swimming pool
construction and safety codes that have been removed from the International Building Code,
which is the basis for the California Building Code, and placed in this new code. Staff recommends
the following modifications to the ISPSC to address conflicts with City and State Codes:
1. 7.45.060 — add this to modify the references to the International and National Codes to the
California Codes. This is necessary to stay current with State Law.
2. 7.45.070 — modify to delete administrative sections of the ISPSC. This is necessary to be
consistent within the City's codes.
3. 7.45.080 — modify to add definitions that are found in State Law that are missing from the
ISPSC. This is necessary to remain consistent with State Law.
4. 7.45.090 — modify to amend definitions that are different between the ISPSC and State
Law. This is necessary to remain consistent with State Law.
5. 7.45.100 — modify to amend the energy requirements in the ISPSC in favor of the
California Energy Code. This is necessary to remain consistent with State Law and the
2022 California Energy Code.
6. 7.45.110 — modify to clarify the requirements of swimming pools and spas located in a
flood hazard area. This is necessary to remain consistent with chapter 7.24 Floodplain
Management Regulations.
7. 7.45.120 — modify to require all swimming pools to have barriers installed. This
amendment is necessary to remain consistent with State Law.
8. 7.45.130 — modify to include water conservation efficiency in residential and public pools
and spas. This is necessary because of the City of Dublin has a dry period of at least five
months each year. Additionally, the area is subject to occasional drought and this
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amendmentis necessary to remain consistent with State Law.
9. 7.45.140 — modify to delete chapter 9 for permanent spas. This is necessary because this
chapter provides exceptions from code requirements that are in conflict with State Law.
10.7.45.150 — add this to adopt the referenced codes and standards listed in the ISPSC. This
is necessary to provide the tools necessary for the contractor and staff to properly enforce
this code.
11.7.45.160 — modify to clarify that where the code references the Residential Code, those
provision are related to systems in detached one- and two-family dwellings and
townhouses not more than threes stories in height. This amendmentis necessary to remain
consistent with State Law
12.7.45.170 — add this to adopt the American National Standard for Water conservation
efficiency in pools and spas. This is necessary because of the City of Dublin has a dry period
of at least five months each year. Additionally, the area is subject to occasional drought and
this amendmentis necessary to remain consistent with State Law.
Existing Building Code - DMC Chapter 7.46
The amendments to the Existing Building Code (Attachment 13) are required to adopt the
California Existing Building Code (CEBC). Staff is recommending the following modification to this
code:
1. Section 7.46.080 — add definitions for determination or substantially improved and
substantially damaged existing buildings in a flood hazard zone. This action is necessary to
codify existing procedures and to be consistent with DMC chapter 7.24, Floodplain
Management Regulations.
Building Maintenance Code - DMC Chapter 7.48
The amendments to the Building Maintenance Code (Attachment 14) are required to adopt the
latest International Property Maintenance Codes. The existing local amendments have been
brought forward.
Green Building Code - DMC Chapter 7.94
The amendments to the Green Building Code (Attachment 15) are required to adopt the latest
California Green Building Standards Code. The City's amendment for Electric Vehicle (EV) Parking
to be installed at the Tier 2 has been brought forward. Bringing this amendment forward will meet
and, in some cases, exceed the City's Climate Action Plan (CAP) requirements under measure SM-
1. Staff recommends the following new amendments to this code:
1. Section 7.94.050, 7.94.070 and 7.94.100 — add these to include requirements for new
buildings to be all electric with exceptions. The exceptions in the recommendations
include: a) multi -family and commercial projects where the design team has provided
evidence that an all -electric building is unable to meet established requirements under the
California Building Energy Efficiency Standards; and b) commercial buildings containing
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kitchens or having the potential to contain kitchens, upon application, may install gas to the
building for use in the kitchen areas. These modifications are necessary to limit the
greenhouse gas (GHG) emissions from natural gas It is estimated that without the
requirement for all -electric buildings, new construction will add over three million therms
of natural gas use in Dublin by2045. In addition, all -electric buildings have been found to
be less expensive to construct and operate in Dublin's climate zone compared to
constructing buildings with both gas and electric utilities, especially when paired with solar
photovoltaic (PV) installations. Coupled with the communitywide 100% carbon -free
energy of Measure CF-1 in the CAP, new building electrification will result in homes and
businesses that emit no GHGs. In addition, this amendment will meet the requirements of
measure EE-1 of the CAP.
STRATEGIC PLAN INITIATIVE:
None
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with Government Code Sections 50022.3 and 6066, notice of the public hearing was
be published on November 5, 2022 and November 12, 2022 in the East Bay Times. Attachments
were made available for public review prior to this public hearing in accordance with Government
Code Sections 50022.1 et. Seq. and 6066. The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving Amendments to the California Building Standards Code
2) Exhibit A to the Resolution - 2022 California Building Standards Code Findings
3) Ordinance Amending Sections of the California Building Standards Code
4) Exhibit A to the Ordinance - DMC Chapter 5.08 Fire Code
5) Exhibit B to the Ordinance - DMC Chapter 7.24 Floodplain Management Regulations
6) Exhibit C to the Ordinance - DMC Chapter 7.28 Building Administration Code
7) Exhibit D to the Ordinance - DMC Chapter 7.32 Building Code
8) Exhibit E to the Ordinance - DMC Chapter 7.34 Residential Code
9) Exhibit F to the Ordinance - DMC Chapter 7.36 Electrical Code
10) Exhibit G to the Ordinance - DMC Chapter 7.40 Plumbing Code
11) Exhibit H to the Ordinance - DMC Chapter 7.44 Mechanical Code
12) Exhibit I to the Ordinance - DMC Chapter 7.45 Swimming Pool and Spa Code
13) Exhibit J to the Ordinance - DMC Chapter 7.46 Existing Building Code
14) Exhibit K to the Ordinance - DMC Chapter 7.48 Building Maintenance Code
15) Exhibit L to the Ordinance - DMC Chapter 7.94 Green Building Code
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Attachment I
RESOLUTION NO. XX-22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINDINGS REGARDING THE NEED FOR LOCAL AMENDMENTS TO
PROVISIONS IN THE CALIFORNIA BUILDING STANDARDS CODE AS ADOPTED BY THE
STATE OF CALIFORNIA, IN THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, TO BE
ADOPTED BY REFERENCE IN THE DUBLIN MUNICIPAL CODE
WHEREAS, Health and Safety Code Section 18938 makes provisions published in the
California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable
to all occupancies throughout the State and effective one hundred and eighty days after
publication by the California Building Standards Commission (the "Commission"), or at a later date
established by the Commission; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and
18941.5 establish the authority for a city to adopt and make local amendments and modifications
to the building standards in the California Building Standards Code to establish more restrictive
building standards than those contained in the California Building Standards Code; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and
18941.5 permit a city to make such local amendments and modifications as the city determines
are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and
18941.5 require a city, before making any amendments and modifications to the California
Building Standards Code, make an express finding that such amendments and modifications are
reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health
and Safety Code Section 17958.5 may not become effective until the required findings, and the
changes, have been filed with the California Building Standards Commission; and
WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances
that adopt codes or statutes, including codes of the State of California, by reference; and
WHEREAS, notice of the Ordinance was published in accordance with Government Code
Sections 50022.3 and 6066; and that such notice was sufficient to give notice to interested
persons of the purpose of the ordinance and the subject matter thereof; and
WHEREAS, the City Council of the City of Dublin intends to adopt an Ordinance adopting
by reference provisions of the California Building Standards Code, with local amendments; and
WHEREAS, the City Council has reviewed the reasons for proposed changes to the
California Building Standards Code set forth in Exhibit A, attached hereto and hereinafter
incorporated by reference.
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 2
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NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby declare and
find that the local amendments to the provisions of the California Building Standards Code set
forth in Exhibit A are reasonably necessary because of local climatic, geologic, or topographical
conditions in accordance with Health and Safety Code Section 17958.7 as further set forth in
Exhibit A.
BE IT FURTHER RESOLVED that a copy of this Resolution, including Exhibit A, shall be
filed with the California Building Standards Commission in accordance with Health and Safety
Code Section 17958.7.
PASSED, APPROVED AND ADOPTED this 15th day of November 2022, by the following
votes.
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 2 of 2
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Attachment 2
Exhibit A to the Resolution
Exhibit A
FINDINGS FOR LOCAL AMENDMENTS TO THE 2022 EDITIONS OF THE
CALIFORNIA FIRE CODE, CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL
CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA
MECHANICAL CODE, CALIFORNIA EXISTING BUILDING CODE, AND CALIFORNIA
GREEN BUILDING CODE, AS SET FORTH IN THE 2022 CALIFORNIA BUILDING
STANDARDS CODE AND THE INTERNATIONAL SWIMMING POOL AND SPA CODE, AND
INTERNATIONAL PROPERTY MAINTENANCE CODE
A. General Findings. The Dublin City Council makes the following general findings regarding
local climatic, geologic, and topographical conditions, which the City Council finds
necessitates the local modifications to the California Building Standards Code set forth below:
1. Local climatic conditions include a low amount of average yearly rainfall, which tends to be
concentrated from October through April. From May through September, a dry period
occurs where daily temperatures remain high and there is little measurable precipitation.
In addition, the local climate frequently includes high winds which sweep down through the
valley. As a result of the high summer temperatures, average load demand and peak load
demand of energy used in Dublin are important factors impacting public safety and creating
the potential for adverse economic impacts due to power outages or power reductions (i.e.
"brownouts"). As a result of the low precipitation, the area is subject to occasional drought.
In developed areas of the City, fires can occur in buildings, rubbish, automobiles, and grass
fires on vacant lots. In the undeveloped areas of the City, there is a risk of large brush and
grass fires. If a fire occurs in either a developed or undeveloped area of the City, the local
dry conditions combined with high winds, creates the risk of a potential fire storm.
In addition, local residential development is occurring in previously undeveloped areas
adjacent to wildfire hazard areas. These new developments increase the chance of fire
while simultaneously being located further from fire stations, delaying critical response
times. This potential problem can be mitigated by requiring initial fire control through the
installation of automatic fire protection systems.
2. Local geologic conditions include a risk of earthquake. A number of earthquake faults are
located either within or in close proximity to the City. Those with the most direct and
potentially destructive impact are the San Andreas, Calaveras, Hayward, Greenville and
Concord -Green Valley Faults. History of earthquake activity indicates that there is a
likelihood of a major earthquake in the area. The largest recorded earthquake in this
immediate area occurred on the San Andreas Fault on October 17, 1989, a 7.1 magnitude.
This area had a sequence of earthquakes on the Greenville Fault in January and February
of 1980; these earthquakes had a magnitude of 5.5 to 5.9 on the Richter Scale and in July
2019 the Greenville Fault had an earthquake of 4.3. The U.S. Geological Survey (USGS)
has identified a 72% probability of a major (6.7 or larger) earthquake occurring in the region
within the next 20 years (Source — USGS UCERF3 report). Recent earthquake damage
studies, including the 1994 Northridge earthquake, have indicated the lack of adequate
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design and detailing as a contributing factor to damages that reduced the protection of the
life -safety of building occupants.
In the event of an earthquake, damage to structures can be expected. In residential and
commercial areas, this could include significant damage or collapse of buildings.
Secondary impacts could include ruptured electric or gas connections and/or breaks in
water distribution lines. The potential for a major seismic event would create a City-wide
demand for emergency response and fire protection service which would exceed staff
response capacity. This potential problem can be mitigated by requiring initial fire control
through the installation of automatic fire protection systems.
3. Local topographical conditions include hills on the western and eastern boarders and flat
area in the center of the City. Interstate 680 divides the City into two sections, and
circulation between areas of the City rely on freeway overpasses. In addition, local traffic
must also pass over railroad tracks, creeks, and bridges (to cross arroyos).
During peak a.m. and p.m. traffic periods, the City experiences heavy traffic congestion at
key intersections, and near many freeway on -ramp and off -ramps. In the event of an
accident or emergency at one of these key intersections, bridges, or other circulation
corridors, sections of the City could become isolated and response times increased beyond
ideal levels. Again, this potential problem can be mitigated by requiring initial fire control
through the installation of automatic fire protection systems.
4. Based on the local climatic, geologic, and topographical conditions outlined above, there
is a real risk that emergency response could be significantly delayed in the event of an
accident or emergency. Therefore, it is necessary to address this problem through the
requirement of additional mitigation measures to: (i) prevent the chance of accident or
injury by requiring standards more stringent than required by the current codes; and (ii)
requiring additional built-in automatic fire protection systems which will provide for early
detection and initial fire control.
5. The burning of fossil fuels used to heat structures, heat water for cooking, and for other
uses is a significant contributor to greenhouse gas emissions and climate change.
Combustion of natural gas and petroleum products for heating and cooking needs emit
carbon dioxide, methane, and nitrous oxide. Emissions from natural gas consumption
represented 46% of the total annual U.S. energy related CO2 emissions in 2021. (See U.S.
Energy Information Administration, "Where Greenhouse Gases Come From", 2021.)
Scientists attribute the global warming trend observed since the mid-20th century to the
human expansion of the 'greenhouse effect' warming that results when the atmosphere
traps heat radiating from Earth towards space. Long lived gasses such as carbon dioxide
can persist in the atmosphere for more than 100 years, even with efforts to reduce
emissions today. Nitrous oxide, carbon dioxide, and methane are gases that contribute to
the greenhouse gas effect. (See NASA, Causes of Climate Change, as of November 25,
2020.)
Global climate change imposes substantial and local impacts and risks on the San
Francisco Bay Area, and thus the City of Dublin, including rising temperatures, changing
precipitation patterns and amounts, sea level rise, flooding, drought, and wildfire, A general
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summary of climate risks facing the San Francisco Bay Area and the City of Dublin are as
follows:
• Increased temperatures and extreme heat events. The Bay Area is expected to
see an increase in average annual temperature of 2.7°F by 2050, and 3.5°F to 11°F
by 2100.
• Reduction in the Quality and Supply of Water in the Sierra Snowpack. If heat -
trapping emissions continue unabated, more precipitation will fall as rain instead of
snow, and the snow that does fall will melt earlier, reducing the Sierra Nevada spring
snowpack by as much as 70% to 90%. This can lead to challenges in securing
adequate water supplies. It can also lead to a potential reduction in hydropower.
• Changes in Rainfall Intensity. By mid-century, more precipitation is projected to
occur in winter in the form of less frequent but larger events. Most climate models
predict drying trends across the State by 2100.
• Increased Risk of Large Wildfires. A hotter, drier climate could promote up to 90%
more Northern California fires by the end of the century by drying out and increasing
the flammability of forest vegetation.
• Exacerbation of Air Quality Problems. If temperatures rise to the medium warming
range, there could be 75% to 85% more days with weather conducive to ozone
formation, relative to today's conditions. This is more than twice the increase expected
if rising temperatures remain in the lower warming range. This increase in air quality
problems could result in an increase in asthma and other health -related problems. The
average air quality index in Dublin has consistently worsened over time and is lower
than the State and national averages; it also worsens during extreme heat and wildfire
events, As the air quality index increases, and increasingly large percentage of the
Dublin population is likely to experience increasingly adverse health effects.
All -electric construction has a significant positive effect on energy resource efficiency,
waste and pollution generation, and the health and productivity of building occupants
over the life of the building. The City of Dublin has a dry, hot period of at least five
months each year. As a result of the high temperatures, average load demand and peak
load demand of energy used in Dublin are important factors impacting public safety and
creating the potential for adverse economic impacts due to power outages or power
reductions (i.e. "brownouts"). Reduction of total and peak energy use because of
incremental conservation measures required by this ordinance will have local benefits in
the additional available system energy capacity. Furthermore, the reduction of
greenhouse gas emissions from all -electric buildings will help mitigate climate change
and its negative effects such as extreme heat events, droughts, intense storms, and
flooding, thus making these amendments reasonably necessary because of local
climactic reasons.
6. The San Francisco Bay area region is densely populated and located in an area of high
seismic activities. Concern for fire -life safety associated with gas appliances and
associated piping located in the ground and in buildings increases with the risk of
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explosion or fire if there is a structural failure due to a seismic event considering the
increasing number of buildings in the region.
The risk of natural gas infrastructure and pipeline explosions and fires are magnified in
cases of major earthquakes, for example, the 2010 San Bruno pipeline explosion.
Severe seismic events could disrupt communications, damage gas mains, and place
increased demands on the dispersed resources of the Fire Department necessary for the
life safety needs of the community Eliminating gas infrastructure in future construction
will also reduce the risks of fires and explosions, particularly after seismic events, which
will further save the City money by reducing disaster response and recovery costs. The
elimination of gas infrastructure in future construction will reduce risk of geologic risk via
natural gas infrastructure, making these amendments necessary because of local
geologic/ seismic reasons.
B. Specific Findings: The Dublin City Council makes the following specific findings, which, in
addition to the general findings regarding local climatic, geologic, and topographical
conditions set forth above, the City Council finds necessitate the local modifications to the
California Building Standards Code set forth below:
1. California Fire Code.
5.08.110 Chapter 2 Definitions -Amended.
Chapter 2 is amended by adding the following definitions to Section 202:
Section 202 General Definitions.
City Council shall mean the governing body of the City of Dublin.
City Manager shall mean the City Manager of the City of Dublin or his or her designee.
Fire Trail means a graded firebreak of sufficient width, surface, and design to provide
access for personnel and equipment to suppress and to assist in preventing a surface
extension of fires.
Fuel break means a wide strip or block of land on which the vegetation has been
permanently modified to a low volume fuel type so that fires burning into it can be more
readily controlled.
FINDING: These modifications are necessary to adopt the most current State standard
and to clarify specific areas of the code. In addition, these modifications will
make Chapter 5.08 consistent with Chapters 7.28, 7.32 and 7.34 of the Dublin
Municipal code. Definitions clarify the title of Fire Chief and City Council as
specific to the City of Dublin. These modifications will provide guidelines for
Fire Department access locations and roadway preparation. The
modifications also provide specific language to insure adequate access to fire
hydrants and fire appliances.
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5.08.120 Section 503.2.9 Specifications -Added.
Section 503.2.9 is added to read as follows:
503.2.9 Fire and Emergency Access Roads approved for construction sites shall be
designed to meet the requirements of Section 503.2. The access shall be approved by the
Fire Department prior to commencement of combustible storage or vertical combustible
construction on the site.
FINDING: This modification is necessary to adopt the most current State standard and
to clarify specific areas of the code. In addition, these modifications will make
Chapter 5.08 consistent with Chapters 7.28, 7.32 and 7.34 of the Dublin
Municipal code. These modifications will provide guidelines for Fire
Department access locations and roadway preparation. The modifications
also provide specific language to insure adequate access to fire hydrants and
fire appliances.
5.08.130 Sections 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2 Exception, 903.2.3#5, 903.2.4#2,
903.2.4#3, 903.2.7#2, 903.2.7#3, 902.2.7#4, 903.2.7.2, 903.2.9#3, 903.2.9#4,
903.2.9.1, 903.2.10, and 903.2.10.1 — Deleted; 903.2.1.1#1, 903.2.1.2#1,
903.2.1.3#1. 903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.4#1, 903.2.7#1, 903.2.9,
903.2.9#1, 903.2.9#2, and 903.2.11.3 Amended; and 903.2.13 and 903.2.30 -
Added.
Sections 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2 Exception, 903.2.3#5, 903.2.4#2, 903.2.4#3,
903.2.7#2, 903.2.7#3, 902.2.7#4, 903.2.7.2, 903.2.9#3, 903.2.9#4, 903.2.9.1, 903.2.10, and
903.2.10.1 are deleted; Sections 903.2.1.1 #1, 903.2.1.2#1, 903.2.1.3#1. 903.2.1.4#1, 903.2.3#1,
903.2.4, 903.2.4#1, 903.2.7#1, 903.2.9, 903.2.9#1, 903.2.9#2, and 903.2.11., are amended to
read as follows; and Sections 903.2.13 and 903.2.30 are added to read as follows:
903.2.1.1 Group A-1 Occupancies.
1. The fire area exceeds 3,000 square feet (279 m2).
903.2.1.2 Group A-2 Occupancies.
1. The fire area exceeds 3,000 square feet (279 m2).
903.2.30.3 Group A-3 Occupancies.
1. The fire area exceeds 3,000 square feet (279 m2).
903.2.30.3.1 Group A-4 Occupancies.
1. The fire area exceeds 3,000 square feet (279 m2).
903.2.30 Group E Occupancies.
1. Throughout all Group E fire areas greater than 3,000 square feet (279 m2).
903.2.4 Group F Occupancies.
An automatic sprinkler system shall be provided throughout all buildings containing
a Group F occupancy where one of the following conditions exists:
903. A Group F fire area exceeds 2,500 square feet (232 m2).
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903.2.7 Group M Occupancies.
1. A Group M fire area exceeds 2,500 square feet (232 m2).
903.2.9 Group S Occupancies.
An automatic sprinkler system shall be installed in all Group S occupancies as follows:
1. The fire area exceeds 2,500 square feet (232 m2);
2. Buildings with repair garages servicing vehicles parked in basements.
903.2.11.3 Buildings Three Or More Stories in Height.
An automatic sprinkler system shall be installed in all occupancies, regardless of type of
construction, if the building is three or more stories or more than 35 feet in height measured
from the pad grade level to the highest point of the building. An automatic sprinkler system
shall be installed in all other occupancies as may be required by the 2022 California
Building and Residential Code.
903.2.13 Group B Occupancies.
An automatic fire -extinguishing system shall be installed in Group B occupancies
where the floor area exceeds 3,000 square feet (279 m2).
903.2.30 All Occupancies.
An automatic fire -extinguishing system shall be installed in all occupancies located more
than one and one half (1'/2) miles from a fire station providing fire protection to that
location. Said distance shall be measured in a straight line.
Buildings containing portions which are required to have an automatic fire extinguishing
system because of the number of stories shall have the automatic fire extinguishing
system installed throughout and fire walls as set forth in Section 706 shall not be
considered as creating separate buildings for the purpose of this section.
Whenever an addition is made to an existing building, automatic fire -extinguishing
systems shall be installed if the existing building plus the addition exceeds the area or
height limitations set forth in this section. Whenever the use of an existing 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.
(Sections 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2 Exception, 903.2.3#5, 903.2.4#2,
903.2.4#3, 903.2.7#2, 903.2.7#3, 902.2.7#4, 903.2.7.2, 903.2.9#3, 903.2.9#4, 903.2.9.1,
903.2.10, and 903.2.10.1 are deleted)
FINDING: The amendment is needed due to local climatic and topographical conditions.
These modifications are necessary because the City of Dublin has a dry
period of at least five months each year. Additionally, the area is subject to
occasional drought. Because of dryness, a rapidly burning grass fire or
exterior building fire can quickly transfer to other buildings. These
modifications are consistent with the Fire Authority having jurisdiction.
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1705
5.08.140 Section 903.6-Amended; Sections 903.6.2 and 903.6.3-Added.
Section 903.6 is amended, and Section 903.6.2 and 903.6.3 are added to read as follows:
903.6 Existing Buildings. All changes of occupancy classification in existing buildings
shall comply with the requirements contained in Section 903.2 of this Code and Table 506.2
of the California Building Code.
903.6.2 When an addition to an existing building causes the total square footage of the
building to exceed the maximum floor area specified in Table 506.2 of the California
Building Code, fire sprinklers shall be installed throughout the entire building. Addition or
alteration that removes 50% or more of the existing exterior walls of a building shall be
considered a new building for the purposes of Section 903.
903.6.3 Existing buildings which do not conform to Current Building Code or Fire Code
requirements may be required to install an automatic fire extinguishing system when an
interior alteration or remodeling occurs, regardless of whether the floor area is increased
or use changed. It shall be the responsibility of the Fire Code Official and the Building
Official to evaluate the work being performed, non -complying features, and determine if an
automatic fire extinguishing system will be required.
FINDING: The amendment is needed due to local climatic and topographical conditions.
These modifications are necessary because the City of Dublin has a dry
period of at least five months each year. Additionally, the area is subject to
occasional drought. Because of dryness, a rapidly burning grass fire or
exterior building fire can quickly transfer to other buildings. These
modifications are consistent with the Fire Authority having jurisdiction.
5.08.150 Section 907.1-Amended; Sections 907.11, 907.11.1, 907.11.2 and 907.11.3-
Added.
Section 907.1 is amended and Sections 907.11, 907.11.1, 907.11.2 and 907.11.3 are added to
read as follows:
907.1 General. This section covers the application, installation, performance and
maintenance of fire alarm systems and their components in new and existing buildings and
structures. The requirements of Section 907.2 are applicable to new buildings and structures.
The requirements of Section 907.9 are applicable to existing buildings and structures. In the
event of a conflict between this section and the provisions of Chapter 5.20 of the Dublin
Municipal Code, the provisions of this section shall control.
907.11 False Alarms.
907.11.1 Excessive False Alarms. Malfunctions, or mechanical trip of any sprinkler alarm or
other fire protection or detection system resulting in an alarm and emergency dispatch of the
Fire Department shall be subject to a false alarm charge as established by this Code.
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Exception: During a thirty (30) day period following the installation of any new fire alarm
system, the Fire Chief shall determine if the false alarms emanating from said new installation
are excessive.
907.11.2 Charges. After the initial thirty (30) day period following the installation of a new
system, two (2) false alarms within a consecutive ninety (90) day period shall be deemed
excessive and will be charged as false alarms.
907.11.3 False Alarm charges are as follows:
1st false alarm -
2nd false alarm in any 90 day period -
Warning Letter
$100.00
3rd and subsequent false alarms in
any 90 day period- $200.00
FINDING: These modifications are necessary to adopt the most current State standard
and to clarify specific areas of the code. In addition, these modifications will
make Chapter 5.08 consistent with Chapters 7.28, 7.32 and 7.34 of the Dublin
Municipal Code.
5.08.160 Section 5003.2.4.2 Hazardous Materials General Provisions -Amended.
Section 5003.2.4.2 is amended to read as follows:
5003.2.4.2 Above -ground tanks. Above -ground stationary tanks used for the storage of
hazardous materials shall be located and protected in accordance with the requirements
for outdoor storage of the particular material involved. Notwithstanding the foregoing,
above -ground stationary tanks used for the storage of flammable or combustible liquids is
prohibited in any area zoned for other than commercial, industrial, or agricultural use.
Exception: Above -ground tanks that are installed in vaults complying with Section
5303.16 or 5704.2.8 shall not be required to comply with location and protection
requirements for outdoor storage.
5703.2.4.2.1 Marking. Above -ground stationary tanks shall be marked as required
by Section 5003.5.
FINDING: This modification is necessary to adopt the most current State standard and
to clarify specific areas of the code.
5.08.170 Section 5601.1.3 Fireworks -Amended.
Section 5601.1.3 is amended to add a fifth exception as follows:
5. The sale, use and discharge of fireworks are allowed in accordance with Chapter 5.24
of the Dublin Municipal Code.
Page 8 of 56
1707
FINDING: This modification is necessary to adopt the most current State standard and
to clarify specific areas of the code. In addition, these modifications will make
Chapter 5.08 consistent with Chapters 7.28 and 7.32 of the Dublin Municipal
code.
5.08.180 Section 5704.2.9.6.1 Locations where above -ground tanks are prohibited -
Amended.
Section 5704.2.9.6.1 is amended to read as follows:
5704.2.9.6.1 Locations where above -ground tanks are prohibited. Storage of Class I
and II liquids in above -ground tanks outside of buildings is prohibited in any area zoned for
other than commercial, industrial, or agricultural use.
FINDING: This modification is necessary to adopt the most current State standard and
to clarify specific areas of the code and permitted locations of above ground
tanks. In addition, these modifications will make Chapter 5.08 consistent with
Chapter 8 of the Dublin Municipal code.
5.08.190 Section 5706.2.4.4 Locations where above -ground tanks are prohibited —
Amended.
Section 5706.2.4.4 is amended to read as follows:
5706.2.4.4 Locations where above -ground tanks are prohibited. Storage of Class I
and II liquids in above -ground tanks outside of buildings is prohibited in any area zoned for
other than commercial, industrial, or agricultural use.
FINDING: This modification is necessary to adopt the most current State standard and
to clarify specific areas of the code and permitted locations of above ground
tanks. In addition, these modifications will make Chapter 5.08 consistent with
Chapter 8 of the Dublin Municipal code.
5.08.200 Section 5806.2 Limitations -Amended.
Section 5806.2 is amended to read as follows:
5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside
of buildings is prohibited within the limits established by law and in any area zoned for other
than commercial, industrial, or agricultural use.
FINDING: This modification is necessary to adopt the most current State standard and
to clarify specific areas of the code and permitted locations of above ground
tanks. In addition, these modifications will make Chapter 5.08 consistent with
Chapter 8 of the Dublin Municipal code.
5.08.210 Section 6104.2 Maximum capacity within established limits -
Amended.
Section 6140.2 is amended to read as follows:
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1708
6104.2 Maximum Capacity Within Established Limits. The limits referred to in Section
6104.2 of the 2022 California Fire Code in which storage of compressed natural gas is
prohibited, are hereby established as follows: Any area zoned for other than commercial,
industrial, or agricultural use.
FINDING: This modification is necessary to adopt the most current State standard and
to clarify specific areas of the code and permitted locations of above ground
tanks. In addition, these modifications will make Chapter 5.08 consistent with
Chapter 8 of the Dublin Municipal code.
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2. California Building Code.
7.32.120 Section 202, Chapter 2, Definitions of Substantial Damage and Substantial
Improvement — Added.
The definitions of "Substantial Damage" and "Substantial Improvement" in Section 202 of the
State Code are amended to read as follows:
Substantial Damage. Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before -damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred. The term also includes flood -related
damage sustained by a structure on two separate occasions during a 10-year period for which
the cost of repairs at the time of each such flood event, on average, equals or exceeds 25
percent of the market value of the structure before the damage occurred.
Substantial Improvement. Any one or more or any combination of repair,
reconstruction, rehabilitation, alterations, addition or other improvement of a building or structure
taking place during a 10-year period, the cumulative cost of which equals or exceeds 50 percent
of the market value of the structure before the improvement or repair is started. For each
building or structure, the 10-year period begins on the date of the first permit issued for
improvement or repair of that building or structure subsequent to January 1, 2023. If the
structure has sustained substantial damage, any repairs are considered substantial
improvement regardless of the actual repair work performed. The term does not, however,
included either:
1. Any project for improvement of a building required to correct existing health, sanitary
or safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
2. Any alteration of a historic structure provided that the alteration will not preclude the
structure's continued designation as a historic structure.
FINDINGS The amendment is needed due to local climatic and topographical conditions.
This modification is necessary because the City of Dublin is a densely
populated area having buildings and structures constructed near and within
flood prone areas. The City codes require a definition for Substantial
Damage and Substantial Improvement that includes repetitive lossand
repetitive flood damage. Local climatic and topographical conditions
include a average yearly rainfall, which tends to be concentrated from
October to April.
7.32.130 Sections 502.2.1, 502.2.2, 502.2.3, 502.2.4, Chapter 5, Address illumination —
Added.
Sections 502.2.1, 502.2.2, 502.2.3, 502.2.4 are added to read:
Page 11 of 56
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502.2.1 The address number(s) shall be illuminated during the hours of darkness. The
light source shall be provided with an uninterruptible AC power source or controlled by a
photoelectric device.
502.2.2 Exterior doors in commercial tenant space numbers shall be addressed as
required in section 502.1. Exception, dual doors may have the addresses on one door or
centered above the doors. In addition, all rear doors or service doors will have the name
of the business in 4-inch-high lettering.
502.2.3 No other number may be affixed to a structure that might be mistaken for, or
confused with, the number assigned to the structure.
502.2.4 The assigned address, including the suite number, shall be displayed on all
electric meters in accordance with utility company standards.
FINDINGS The amendment is needed due to local geological and topographical
conditions.
These modifications are necessary due to the topographical nature of the City
and the easy access to freeways described in Section A of these Findings. In
light of said conditions, it is necessary to adopt these requirements to
enhance crime prevention. Additionally, this will bring the code into
conformance with the City of Dublin Police Department requirements.
7.32.140 Section 507.14, Chapter 5, Frontage Restriction -Added.
A new Section 507.14 is added to read:
507.14 Frontage Restriction. The increase in area permitted by Sections 506.3, 507.1
through 507.13 of this Section shall not be allowed unless or until the owner of the
required yard shall file an agreement binding such owner, his heirs, and assignees, to set
aside the required yard as unobstructed space having no improvements. Such
agreement shall be recorded in the Alameda County Recorder's Office.
Exception: When using the public way for frontage increase.
FINDING: The amendment is needed due to local climatic and topographical conditions.
This modification was necessary because the City of Dublin has a dry period
of at least five months each year. Additionally, the area is subject to
occasional drought. Because of dryness, a rapidly burning grass fire or
exterior building fire can quickly transfer to other buildings. These
modifications are consistent with the Fire Authority having jurisdiction.
7.32.150 Section 706.1, Chapter 7, Fire Walls -Amended.
Section 706.1 is amended by adding a new subsection 706.1.2 to read:
706.1.2 Fire walls shall not be considered to create separate buildings for the purpose
of automatic fire -sprinkler system requirements as set forth in Chapter 9.
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FINDING: The amendment is needed due to local climatic and topographical conditions.
This modification is necessary because the City of Dublin has a dry period of
at least five months each year. Additionally, the area is subject to occasional
drought. Because of dryness, a rapidly burning grass fire or exterior building
fire can quickly transfer to other buildings. These modifications are
consistent with the Fire Authority having jurisdiction.
7.32.160 Section 701A.1, Chapter 7A, Scope -Amended.
Section 701A.1 is amended to read:
701A.1 Scope. This Chapter applies to building materials, systems and/or assemblies
used in the exterior design and construction of new buildings located within a Wildland-
Urban Interface (WUI) Fire Area as defined in Section 702A or adjacent to open space or
undeveloped land.
FINDING: The amendment is needed due to local climatic and topographical conditions.
This modification was necessary because the City of Dublin has a dry period
of at least five months each year. Additionally, the area is subject to
occasional drought. Because of dryness, a rapidly burning grass fire or
exterior building fire can quickly transfer to other buildings. These
modifications are consistent with the Fire Authority having jurisdiction.
7.32.170 Section 702A, Chapter 7A, Definitions -Amended.
Section 702A is amended to add the following definitions:
Adjacent to Open Space. Shall mean commercial parcels and residential lots which have a
point of contact with open space.
Adjacent to Undeveloped Land. Shall mean commercial parcels and residential lots which
have a point of contact with Undeveloped Land.
Open Space. For the purpose of this Chapter, Open Space shall mean those lands set aside to
remain permanently undeveloped.
Undeveloped Land. For the purpose of this Chapter, Undeveloped Land shall mean land
which is available for development, but no Tentative Map, Master Tentative Map or
Development Agreement has been approved, and any land designated for government use for
which no development plan has been approved.
FINDING: The amendment is needed due to local climatic and topographical conditions.
These modifications are necessary because the City of Dublin has a dry
period of at least five months each year. Additionally, The area is subject to
occasional drought. Because of dryness, a rapidly burning grass fire or
Page 13 of 56
1712
exterior building fire can quickly transfer to other buildings. These
modifications are consistent with the Fire Authority having jurisdiction.
7.32.180 Sections 903.2 Exception, 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2 Exception,
903.2.3#5, 903.2.4#2, 903.2.4#3, 903.2.7#2, 903.2.7#3, 902.2.7#4, 903.2.7.2,
903.2.9#3, 903.2.9#4, 903.2.9.1, 903.2.10, and 903.2.10.1 — Deleted; 903.2.1.1#1,
903.2.1.2#1, 903.2.1.3#1. 903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.4#1, 903.2.7#1,
903.2.9, 903.2.9#1, 903.2.9#2, and 903.2.11.3 Amended; and 903.2.13 and
903.2.30 -Added.
Sections 903.2 Exception, 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2 Exception, 903.2.3#5,
903.2.4#2, 903.2.4#3, 903.2.7#2, 903.2.7#3, 902.2.7#4, 903.2.7.2, 903.2.9#3, 903.2.9#4,
903.2.9.1, 903.2.10, and 903.2.10.1 are deleted; Sections 903.2.1.1 #1, 903.2.1.2#1, 903.2.1.3#1.
903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.4#1, 903.2.7#1, 903.2.9, 903.2.9#1, 903.2.9#2, and
903.2.11, are amended to read as follows; and Sections 903.2.13 and 903.2.30 are added to read
as follows:
903.2.1.1 Group A-1 Occupancies.
2. The fire area exceeds 3,000 square feet (279 m2).
903.2.1.3 Group A-2 Occupancies.
2. The fire area exceeds 3,000 square feet (279 m2).
903.2.1.3 Group A-3 Occupancies.
2. The fire area exceeds 3,000 square feet (279 m2).
903.2.1.4 Group A-4 Occupancies.
2. The fire area exceeds 3,000 square feet (279 m2).
903.2.3 Group E Occupancies.
2. Throughout all Group E fire areas greater than 3,000 square feet (279 m2).
903.2.4 Group F Occupancies.
An automatic sprinkler system shall be provided throughout all buildings containing
a Group F occupancy where one of the following conditions exists:
1. A Group F fire area exceeds 2,500 square feet (232 m2).
903.2.7 Group M Occupancies.
1. A Group M fire area exceeds 2,500 square feet (232 m2).
903.2.9 Group S Occupancies.
An automatic sprinkler system shall be installed in all Group S occupancies as follows:
3. The fire area exceeds 2,500 square feet (232 m2);
4. Buildings with repair garages servicing vehicles parked in basements.
903.2.11.3 Buildings Three Or More Stories in Height.
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An automatic sprinkler system shall be installed in all occupancies, regardless of type of
construction, if the building is three or more stories or more than 35 feet in height measured
from the pad grade level to the highest point of the building. An automatic sprinkler system
shall be installed in all other occupancies as may be required by the 2022 California
Building and Residential Code.
903.2.13 Group B Occupancies.
An automatic fire -extinguishing system shall be installed in Group B occupancies
where the floor area exceeds 3,000 square feet (279 m2).
903.2.30 All Occupancies.
An automatic fire -extinguishing system shall be installed in all occupancies located more
than one and one half (11/2) miles from a fire station providing fire protection to that
location. Said distance shall be measured in a straight line.
Buildings containing portions which are required to have an automatic fire extinguishing
system because of the number of stories shall have the automatic fire extinguishing
system installed throughout and fire walls as set forth in Section 706 shall not be
considered as creating separate buildings for the purpose of this section.
Whenever an addition is made to an existing building, automatic fire -extinguishing
systems shall be installed if the existing building plus the addition exceeds the area or
height limitations set forth in this section. Whenever the use of an existing 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.
(Sections 903.2 Exception, 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2 Exception, 903.2.3#5,
903.2.4#2, 903.2.4#3, 903.2.7#2, 903.2.7#3, 902.2.7#4, 903.2.7.2, 903.2.9#3, 903.2.9#4,
903.2.9.1, 903.2.10, and 903.2.10.1 are deleted)
FINDING: The amendment is needed due to local climatic and topographical conditions.
These modifications are necessary because the City of Dublin has a dry
period of at least five months each year. Additionally, the area is subject to
occasional drought. Because of dryness, a rapidly burning grass fire or
exterior building fire can quickly transfer to other buildings. These
modifications are consistent with the Fire Authority having jurisdiction.
7.32.190 Section 1505.1, Chapter 15, Fire Classification -Amended.
Section 1505.1 is amended to read:
1505.1 General. Roof Assemblies shall be divided into the classes defined below. Class
A, B, and C roof assemblies and roof coverings required to be listed by this section shall
be tested in accordance with ASTM E 108 or UL 790. In addition, fire -retardant -treated
wood roof coverings shall be tested in accordance with ASTM D 2898. The minimum
roof coverings installed on buildings shall comply with the following:
Page 15 of 56
1714
1. Map of Fire Safe Roof Areas. Figure 15-1 * is a map of Fire Safe Roof
areas. Said map may be amended from time to time by including areas which are
annexed to the City within one of the two roofing areas. Said amendments may be
made by the Building Official after consultation, with the Chief of the Fire Department having
jurisdiction.
2. Roofing Area 1. Any new roof and any alteration, repair or replacement for
buildings housing R & U occupancies in Roofing Area 1 shall use roof covering
material that conforms to Class B or better or shall be made of concrete, ferrous or
copper metal, clay, slate or similar non-combustible material.
3. Roofing Area 2. Any new roof for buildings using roof covering material
that conforms to Class C or better or shall be made of concrete, ferrous or copper metal,
clay, slate or similar non-combustible material.
4. Other Occupancies. Any new roof covering and any alterations, repairs or
replacement of roof covering material for buildings housing all other occupancies
shall conform to the requirements as set forth in Roofing Area 1.
Editor's Note: Figure 15-1 is on file in the office of the City Clerk.
FINDING: The amendment is needed due to local climatic and topographical conditions.
This modification was necessary because the City of Dublin has a dry period
of at least five months each year. Additionally, The area is subject to
occasional drought. Because of dryness, a rapidly burning grass fire or
exterior building fire can quickly transfer to other buildings. These
modifications are consistent with the Fire Authority having jurisdiction.
7.32.200 Table 1607.1, Chapter 16, Minimum Uniformly Distributed Live Loads, Lo, and
Minimum Concentrated Live Loads -Amended.
Table 1607.1 is amended by adding a new Footnote e to read:
e. Bridges for vehicular traffic shall be designed for H2O loading as designated by the
American Association of State Highway Officials.
FINDING: The amendment is needed due to local geological, climatic and topographical
conditions.
This modification was necessary because bridges were not addressed by the
Building Code. Additionally due to the City's terrain a number of bridges and
overpasses may be required.
7.32.210 Section 1705.3 Exception 1, Chapter 17, Concrete Construction — Amended.
Section, 1705.3 Exception 1 is amended to read:
1. Isolated spread concrete footings of buildings three stories or less above grade plane
that are fully supported on earth or rock, where the structural design of the footing is based
Page 16 of 56
1715
on a specified compressive strength, f'c, no greater than 2,500 pounds per square inch
(psi) (17.2 Mpa) regardless of the compressive strength specified in the construction
documents or used in the footing construction.
FINDINGS: The amendment is needed due to local geological conditions.
Results from studies after the 1994 Northridge earthquake indicated that a
lot of the damage was attributable to the lack of quality control during
construction and therefore needs to be incorporated into the Code. Revise
CBC Section 1705.3 exception No. 1 to allow special inspection not to be
required for isolated spread footings where the structural design of the
footing is based on a specified compressive strength, f'c no greater than
2,500 psi.
7.32.220 Section 1905.1.7, Chapter 19, ACI 318, Section 14.1.4-Amended.
Section 1905.1.7, Delete ACI 318, Section 14.1.4 and replace with the following:
14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F.
14.1.4.1- Structures assigned to Seismic Design Category C, D, E or F shall not have
elements of structural plain concrete, except as follows:
(a) Isolated footings of plain concrete supporting pedestals or columns are permitted,
provided the projection of the footing beyond the face of the supported member does
not exceed the footing thickness.
Exception:
In detached one- and two-family dwelling three stories or less in height, the
projection of the footing beyond the face of the supported member is permitted to
exceed the footing thickness.
(b) Plain concrete footing supporting walls are permitted, provided the footings have at
least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No.
4 and shall have a total area of not less than 0.002 times the gross cross -sectional
area of the footing. A minimum of one bar shall be provided at the top and bottom of
the footing. Continuity of reinforcement shall be provided at corners and
intersections.
Exception:
In detached one- and two-family dwellings three stories or less in height and
constructed with stud bearing walls, plain concrete footings -with at least two
continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to
have a total area of less than 0.002 times the gross cross —sectional area of the
footing.
FINDINGS: The amendment is needed due to local geological, climatic and topographical
conditions.
Page 17 of 56
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This amendment addresses the problem of poor performance of plain or
under reinforced concrete footings during a seismic event. This amendment
reflects the recommendations by the Structural Engineers Association of
Southern California (SEAOSC) and the Los Angeles City Joint Task Force that
investigated the poor performance of plain and under -reinforced concrete
footings observed in the 1994 Northridge earthquake.
The San Francisco Bay area region is densely populated and/or located in an
area of high seismic activities as indicated by United States Geological Survey
and California Division of Mines and Geology. Recent earthquake activities,
including the 1989 Loma Prieta earthquake, have indicated the lack of
adequate design and detailing as a contributing factor to damages that
reduced the protection of the life -safety of building occupants. The City of
Dublin is a densely populated area having buildings constructed near
potentially active faults. The Association of Bay Area Governments (ABAG)
roughly estimates the probability of a serious earthquake along the Hayward
Fault as one -in -four in the next 20 years, while the USGS predict the
probability of a powerful quake in the next 20 years at 72%. The proposed
modification to ensure that the design of slender wall must satisfy both
strength and serviceability requirements need to be incorporated into the
code to assure that new buildings and additions to existing buildings are
designed and constructed in accordance with the scope and objectives of the
International Building Code.
7.32.230 Table 2308.6.1, Chapter 23, Wall Bracing Requirements —Amended.
Table 2308.6.1 is amended by adding new footnotes "f" and "g" to read:
f. Methods PBS, HPS, and SFB are not permitted in Seismic Design Category D
and E.
g. Methods GB, DWB and PCP are not permitted in Seismic Design Category E.
FINDINGS: The amendment is needed due to local geological conditions.
This amendment addresses the problem of poor performance of wall bracing
materials in high seismic areas. Shear walls sheathed with lath, plaster or
gypsum board are less ductile than plywood shear walls. The poor
performance of such shear walls in the 1994 Northridge earthquake was
investigated by the Structural Engineers Association of Southern California
(SEAOSC) with the Los Angels City Task Force and formed the basis for this
amendment. This amendment is consistent with shear wall restrictions by
the American Wood Council (Section 4.3.47 SDPWS) and ICC ESR-1338 for
Gypsum Board.
7.32.240 Section 2308.6.9, Attachment of Sheathing -Amended.
Section 2308.6.9, is amended by adding a second paragraph:
All braced wall panels shall extend to the roof sheathing and shall be attached to parallel
roof rafters or blocking above with framing clips (18 gauge minimum) spaced at maximum
Page 18 of 56
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24 inches (6096 mm) on center with four 8d nails per leg (total eight 8d nails per clip).
Braced wall panels shall be laterally braced at each top corner and at maximum 24
inches (6096 mm) intervals along the top plate of discontinuous vertical framing.
FINDINGS: The amendment is needed due to local geological, climatic and topographical
conditions.
The San Francisco Bay area region is densely populated and/or located in an
area of high seismic activities as indicated by United States Geological Survey
and California Division of Mines and Geology. Recent earthquake activities,
including the 1989 Loma Prieta earthquake, have indicated the lack of
adequate design and detailing as a contributing factor to damages that
reduced the protection of the life -safety of building occupants. The City of
Dublin is a densely populated area having buildings constructed near
potentially active faults. The Association of Bay Area Governments (ABAG)
roughly estimates the probability of a serious earthquake along the Hayward
Fault as one -in -four in the next 20 years, while the USGS predict the
probability of a powerful quake in the next 20 years at 72%. The proposed
modification to ensure that the design of slender wall must satisfy both
strength and serviceability requirements need to be incorporated into the
code to assure that new buildings and additions to existing buildings are
designed and constructed in accordance with the scope and objectives of the
International Building Code.
7.32.250 Section 3116.1, Chapter 31, Prohibited Installations -Added.
A new Section 3115.1 is added to read:
3116.1 Prohibited Installations. It shall be unlawful to install a wood burning fireplace
or wood burning appliance that is not one of the following:
1) Pellet -fueled wood heater,
2) EPA certified wood heater,
3) Fireplace certified by EPA
FINDING: The amendment is needed due to local climatic and topographical conditions.
This modification was necessary because fireplaces and wood stoves
generate 40 percent of the particulate matter in the Bay Area during the winter
months. Of greater concern are the fine particles, which can lodge deep in
the lungs causing permanent lung damage and increasing mortality. Burning
wood also generates carbon monoxide, nitrogen dioxide, volatile organic and
toxic air pollutants.
7.32.260 Section 3203, Chapter 32, Signs -Added.
A new Section 3203 is added to read:
3203 Signs. Signs when placed flat against the wall of a building shall not project
beyond the front property line more than 12 inches (305mm).
Page 19 of 56
1718
FINDING: The amendment is needed due to local climatic and topographical conditions.
This modification was necessary due to the City of Dublin's basic wind speed
requirement relating to the high winds described in Section A of these
Findings.
7.32.270 Section H101.2, Signs exempt from permits -Deleted.
Section H101.2 is deleted.
FINDING: The amendment is needed due to local climatic and topographical conditions.
This modification was necessary due to the City of Dublin's basic wind speed
requirement relating to the high winds described in Section A of these
Findings.
7.32.280 Section 1010, Appendix Chapter 10, Building security — Added.
Appendix Chapter 10 is added to read:
Section 1010 building security shall be in accordance with the Uniform Building Security Code in
addition to the following:
* Editor's Note: See Chapter 7.34 Residential Code for single family or townhouse
requirements.
(A) Addressing. All buildings shall be addressed as follows:
(1) Walkways serving six (6) or more individual units where the front entrance is not parallel
to the street and driveways servicing six (6) or more individual dwelling units shall have
minimum of 4-inch-high identification numbers, noting the range of unit numbers placed at the
entrance to each driveway at a height between thirty-six (36) and forty-two (42) inches above
grade. The address numbers shall be illuminated during the hours of darkness. The light
source shall be provided with an uninterruptible AC power source or controlled only by a
photoelectric device.
(2) There shall be positioned at each street entrance of a multi- family complex having more
than one structure, an illuminated diagrammatic representation (map) of the complex that shows
the location of the viewer and the unit designations within the complex. It shall be lighted during
the hours of darkness utilizing a light source, which is constructed of weather and vandal
resistant materials and provided with an uninterruptible AC power source or controlled by a
photoelectric device. Nothing in this section shall preclude the requirement for circuit protection
devices where applicable.
(3) If the building is adjacent to an alley, the number shall also be placed on or adjacent to
the rear gate accessing the alley. Any building with vehicular access to the rear through a
public or private alley shall display, in a clearly visible location, a highly reflective or illuminated
address number a minimum of four (4) inches in height.
(4) Where more than one (1) building is accessed by a common street entrance or there are
multiple buildings on the same lot, each principal building shall display the number or letter
Page 20 of 56
1719
assigned to that building on each corner of the building, as determined by the Building Official.
These numbers shall be made visible during the hours of darkness. The street name may also
be required when there is a secondary street frontage.
(5) Addressing shall not be obstructed by architectural structures such as trellises, arbors,
balconies, light fixtures and or landscaping.
(6) In Commercial Day Care or Education facilities, all interior and exterior doors shall be
provided with a room number on the door. A map of the facilities detailing location of all rooms
and their uses shall be kept on file at the facilities on -site office.
(B) Exterior Openings. Exterior opening shall be as follows:
(1) Swinging exterior wood and steel doors shall be equipped as follows:
(a) A single or double door shall be equipped with a double- or single -cylinder deadbolt.
The bolt shall have a minimum projection of one (1) inch and be constructed so as to
repel cutting tool attack. The deadbolt shall have an embedment of at least three -fourths
(3/4) inch into the strike receiving the projected bolt. The cylinder shall have a cylinder
guard, a minimum of five pin tumblers and shall be connected to the inner portion of the
lock by connecting screws of at least one-fourth (1/4) inch in diameter. The provisions of
this paragraph do not apply where: (a) panic hardware is required, (b) conflicts with
emergency egress requirements of the building and fire codes or (C) an equivalent
device is approved by the authority having jurisdiction.
(b) Doorstop on a wooden jamb for an in -swing door shall be of one-piece construction
with the jamb joined by a rabbet.
(c) For the purpose of this section, doors leading from garage areas into a dwelling are
exterior doors.
(2) Double doors shall be equipped as follows:
(a) The inactive leaf of double door(s) shall be equipped with metal flush bolts that have
a minimum embedment of five -eighths (5/8) inch into the head and threshold of the
doorframe.
(b) Double doors shall have an astragal constructed of steel a minimum of .125 inch
thick, which will cover the opening between the doors. The astragal shall be a minimum
of two (2) inches wide and extend a minimum of one (1) inch beyond the edge of the door
to which it is attached. The astragal shall be attached to the outside of the active door by
means of welding or with non -removable bolts spaced apart on not more than ten (10)
inch centers. (The door to which such an astragal is attached must be determined by the
fire safety codes adopted by the enforcing authority.)
(3) Aluminum frame swinging doors shall be equipped as follows:
(a) The jamb on all aluminum frame -swinging doors shall be so constructed or protected
to withstand 1,600 pounds of pressure in both a vertical distance of three (3) inches and
Page 21 of 56
1720
a horizontal distance of one (1) inch each side of the strike, to prevent violation of the
strike.
(b) A single or double door shall be equipped with a double cylinder deadbolt with a bolt
projection exceeding one (1) inch, or a hook shaped or expanding dog bolt that engages
the strike sufficiently to prevent spreading. The deadbolt lock shall have a minimum of
five pin tumblers and a cylinder guard.
(4) Panic hardware, whenever required by the California Building Code or Title 19, California
Administration Code, shall be installed as follows:
(a) Panic hardware shall contain a minimum of two (2) locking points on each door; or
(b) On single doors, panic hardware may have one locking point, which is not to be
located at either the top or bottom frame. The door shall have an astragal constructed of
steel .125 inch thick, which shall be attached with non -removable pins to the outside of
the door. The astragal shall extend a minimum of six (6) inches vertically above and
below the latch of the panic hardware. The astragal shall be a minimum of two (2) inches
wide and extend a minimum of one (1) inch beyond the edge of the door to which it is
attached.
(c) Double doors containing panic hardware shall have an astragal attached to the doors
at their meeting point, which will close the opening between them, but not interfere with
the operation of either door. (The astragal shall not interfere with the safe operation of
emergency egress).
(5) Horizontal or Sliding Doors shall be installed as follows:
(a) In commercial occupancies, horizontal sliding doors shall be equipped with a metal
guide track at top and bottom and a cylinder lock and/or padlock with a hardened steel
shackle which locks at both heel and toe, and a minimum five pin tumbler operation with
non -removable key when in an unlocked position. The bottom track shall be so designed
that the door cannot be lifted from the track when the door is in a locked position.
(b) In residential occupancies, locks shall be provided on all sliding patio doors. The lock
bolt on all glass patio doors shall engage the strike sufficiently to prevent its being
disengaged by any possible movement of the door within the space or clearance
provided for installation and operation. The strike area shall be of material adequate to
maintain effectiveness of bolt strength.
(c) Sliding patio glass doors opening onto patios or balconies which are less than one
story above grade or are otherwise accessible from the outside shall have the moveable
section of the door sliding on the inside of the fixed portion of the door or possess an
approved secondary lock mounted on interior of moveable section.
(6) In office buildings (multiple occupancy), all entrance doors to individual office suites shall
meet the construction and locking requirements for exterior doors.
Page 22 of 56
1721
(7) In commercial occupancies, windows shall be deemed accessible if less than twelve (12)
feet above the ground. Accessible windows having a pane exceeding ninety-six (96) square
inches in an area with the smallest dimension exceeding six (6) inches and not visible from a
public or private thoroughfare shall be protected with burglary resistant glazing or other
approved methods as determined by the Building Official.
(8) Side or rear windows of the type that can be opened shall, where applicable, be secured
on the inside with either a slide bar, bolt, crossbar, auxiliary locking device, and/or padlock with
a hardened steel shackle, a minimum four pin tumbler operation.
(9) Protective bars or grills shall not interfere with the operation of opening windows if such
windows are required to be operable by the California Building Code.
(10) All exterior transoms exceeding ninety-six (96) square inches on the side and rear of
any building or premises used for business purposes shall be protected with burglary resistant
glazing or other approved methods as determined by the Building Official.
(11) Roof openings shall be equipped as follows:
(a) All skylights on the roof of any building or premises used by business purposes shall
be provided with:
(1) Rated burglary resistant glazing; or
(2) Iron bars of at least one-half (1/2) inch round or one by one-fourth (1 x'/4) inch
flat steel material under the skylight and securely fastened; or
(3) Steel grills of at least one -eighth (1/8) inch material with a maximum two (2)
inches mesh under the skylight and securely fastened.
(4) A monitored intrusion alarm system. The system shall be kept operable at all
times. The Chief of Police may require periodic testing of the alarm system to
verify proper operation.
(b) All hatchway openings on the roof of any building or premises used for business
purposes shall be secured as follows:
(1) If the hatchway is of wooden material, it shall be covered on the inside with at
least sixteen (16) U.S. gauge sheet metal, or its equivalent, attached with screws.
(2) The hatchway shall be secured from the inside with a slide bar or slide bolts.
(Fire Department approval may be desired.)
(3) Outside hinges on all hatchway openings shall be provided with non -
removable pins when using pin -type hinges.
Page 23 of 56
1722
(c) All air duct or air vent openings exceeding ninety-six (96) square inches on the roof or
exterior walls of any building or premises used for business purposes shall be secured by
covering the same with either of the following:
(1) Iron bars of at least one-half (1/2) inch round or one by one-fourth (1 x 1/4) inch
flat steel material spaced no more than five (5) inches apart and securely
fastened; or
(2) Iron or steel grills of at least one -eighth (1/8) inch material with a maximum
two (2) inch mesh and securely fastened.
(3) If the barrier is on the outside, it shall be secured with bolts which are non -
removable from the exterior.
(4) The above must not interfere with venting requirements creating a potentially
hazardous condition to health and safety or conflict with the provisions of the
California Building Code or Title 19, California Administrative Code.
(12) Exterior roof ladders shall not be permitted.
(13) Exterior electrical or phone panels are not permitted in commercial occupancies.
(14) Separation walls for individual commercial tenant spaces housed within a common
structure shall be solid with sheathing and continuous from the structure's foundation to roof or
floor / ceiling assembly. If both sides of the tenant spaces are accessible, then each side shall
be sheathed.
(15) Intrusion Devices.
(a) If the enforcing authority determines that the security measures and locking devices
described in this Chapter do not adequately secure the building, due to special
conditions, he/she may require the installation and maintenance of an intrusion device
(burglar alarm system).
(C) Landscaping.
(1) Shrubs and ground cover shall not directly cover windows and doorways.
(2) River rock used near parking lots or buildings shall be permanently affixed.
(3) Open space and buildings shall be arranged to afford visibility and opportunity for
surveillance by on -site users and passers-by.
(4) Barriers, both real and symbolic, shall be designed to afford opportunities for
surveillance through the barrier.
(5) For residential development, backyard gates shall be the full height of the wall or fence
adjacent and capable of being locked.
Page 24 of 56
1723
(6) For residential development, walls or fences, if installed, shall be a minimum of 6 feet in
height when adjacent to any of the following:
Reverse frontage
Retention/detention areas
Parks
Commercial areas
Industrial areas
Bike paths
(D) Lighting. Lighting of buildings or complexes shall at a minimum be illuminated as
follows:
(1) A site plan shall be provided showing buildings, parking areas, walkways, detailed
landscaping and a point -by -point photometric calculation of the required light levels.
(2) All exterior entrances shall be illuminated with a uniformly maintained minimum level of
one foot candle of light between ground level and 6 vertical feet within a minimum radius of 15
feet from the center of the entrance between sunset and sunrise.
(3) Postal Service "gang boxes" (group postal boxes) shall be illuminated with a uniformly
maintained minimum level of one foot candle of light.
(4) Lighting of all exterior areas shall be designed to maximize surveillance and reduce
conflicts with building design, mature landscaping, and to minimize glare.
(5) Open stairways shall be illuminated with a minimum maintained five -tenths (0.5) foot-
candle of light in all landings and stair treads between sunset and sunrise. Enclosed stairways
and enclosed common corridors shall be illuminated at all times with a minimum maintained
one -foot candle of light on all landings and stair treads.
(6) Private streets, alleys, and emergency access roads shall be illuminated using the same
standards as established for public thoroughfares.
(7) Aisles, passageways, pedestrian walkways and recessed areas related to and within a
building, a building complex, or providing access to a building or building complex from a
parking lot or right of way shall be illuminated with a minimum uniformly maintained minimum
level of one foot candle of light between ground level and six vertical feet between sunset and
sunrise or other methods approved by the Building Official.
(8) Open parking lot and/or carport and refuse areas shall be provided with and maintained
to a minimum of one foot-candle of light on the parking surface. The Building Official may
approve a lower light level, if it can be demonstrated that the lower level provides for sufficient
security lighting.
(9) Covered parking lots or covered portions of parking lots shall be illuminated with a
uniformly maintained minimum level of one -foot candle of light between ground level and 6
Page 25 of 56
1724
vertical feet between sunset and sunrise. Lighting shall be designed so that architectural or
structural features do not obstruct the minimum Tight coverage.
(10) Parking structures or enclosed or partially enclosed parking lots shall be illuminated
with a uniformly maintained minimum level of two -foot candles of light between ground level and
6 vertical feet between sunrise and sunset (daylight hours).
(11) Lighting fixtures shall be so arranged as to illuminate light uniformly over the parking
surface and be tamper resistant.
(12) Public rest rooms, rooms identified for the general public and children's recreation
areas shall be provided with emergency lighting meeting section 1006 of this Code.
All light sources required by this section shall be: (a) controlled by a photocell device or a time
clock that will turn the lights on at dusk and off at dawn and (b) protected by weather and vandal
resistant covers.
(E) Garage Type (Vehicle) Doors. Garage -type doors, which are either rolling overhead,
solid overhead, swinging, sliding, or accordion style doors shall conform to the following
standards:
(1) Wood doors shall have panels a minimum of five -sixteenths (5/16) inch in thickness with
the locking hardware being attached to the support framing.
(2) Aluminum doors shall be a minimum thickness of .0215 inches and riveted together a
minimum of 18 inches on center along the outside seams. There shall be a full width horizontal
beam attached to the main door structure which shall meet the pilot, or pedestrian access, door
framing within 3 inches of the strike area of the pilot or pedestrian access door.
(3) Fiberglass doors shall have panels a minimum density of 6 ounces per square foot from
the bottom of the door to a height of 7 feet. Panels above 7 feet and panels in residential
structures shall have a density not Tess than 5 ounces per square foot.
(4) Doors utilizing a cylinder lock shall have a lock receiving point at each outer edge of the
door; or, if the door does not exceed 19 feet, a single bolt may be used if placed in the center of
the door with the locking point located either at the floor or door frame header.
(5) Doors with slide bolt assemblies shall have frames a minimum of .120 inches of
thickness, with a minimum bolt diameter of one half (1/2) inch and protrude at least one and one
half (1 1,4) inches into the receiving guide. A bolt diameter of three -eighths (3/8) inch may be
used in a residential building. The slide bolt shall be attached to the door with non -removable
bolts from the outside. Rivets shall not be used to attach slide bolt assemblies.
(6) Padlocks used with exterior mounted slide bolts shall have a hardened steel shackle
locking at both heel and toe and a minimum five pin tumbler operation with non -removable key
when in an unlocked position. Padlocks used with interior mounted slide bolts shall have a
hardened steel shackle with a minimum 4-pin tumbler operation.
Page 26 of 56
1725
(F) Emergency Access
(1) Private roads and parking areas or structures controlled by unmanned mechanical
parking type gates shall provide for emergency access as follows:
Radio frequency access or by providing the gate access code for distribution to
emergency responders. When an access code is to be utilized, an illuminated control box is
to be mounted on a control pedestal consisting of a metal post/pipe, which shall be installed
at a height of 42 inches and a minimum of 15 feet (4.6m) from the entry/exit gate. It shall be
located on the driver's side of the road or driveway and accessible in such a manner as to
not require a person to exit their vehicle to reach it, nor to drive on the wrong side of the road
or driveway, nor to require any back-up movements in order to enter/exit the gate.
(2) Non-residential multi -tenant buildings utilizing electronic access control systems on the
main entry doors, and enclosed retail shopping centers shall be provided with a means to allow
for police emergency access.
(3) Pedestrian gates/doors using an electromagnetic type lock shall install a key switch
within a telephone/intercom console or in a control housing, or other method approved by the
Building Official that will provide for police emergency access. Options include radio frequency
access or providing the gate access code for distribution to emergency responders.
(4) All lockable pedestrian gates to residential recreation areas serving 6 or more dwelling
units, and gates or doors to common walkways or hallways of residential complexes where
there are 4 or more dwelling units within the complex, shall provide for police emergency access
utilizing an approved key switch device or approved Knox box. The Knox box shall be installed
adjacent to each gate/door, securely attaching it to a fence or wall or location approved by the
Building Official.
(5) Pedestrian gate doors utilizing mechanical locks shall install a Knox box adjacent to
each gate/door, securely attaching it to a fence or wall
(G) Keying requirements
Upon occupancy by the owner or proprietor, each single unit in a tract or commercial
development, constructed under the same site development review, shall have locks using
combinations that are interchange free from locks used in all other separate dwellings,
proprietorships, or similar distinct occupancies.
(H) Laundry rooms or areas: Common area laundry rooms in multi -family complexes shall
be designed and protected as follows:
(1) Entry doors shall have:
(a) A minimum six hundred (600) square inch clear vision panel in the upper half of the
door, consisting of tempered glass;
(b) Automatic, hydraulic door closures;
Page 27 of 56
1726
(c) Self-locking door locks equipped with a deadlocking latch allowing exiting by a single
motion and openable from the inside without the use of a key or any special knowledge
or effort;
(d) Non -removable hinge pins for out -swinging doors to preclude removal of the door
from the exterior by removing the hinge pins; and
(e) A latch protector consisting of minimum 0.125-inch-thick steel attached to the door's
exterior by non -removable bolts from the exterior. It shall be two (2) inches wide and
extend a minimum of five inches above and below the strike opening and extend a
minimum of one (1) inch beyond the edge of the door. It shall have a metal anti -spread
pin a minimum of one-half (1/2) inch in length.
(2) The laundry room shall be illuminated at all times with a minimum maintained one -foot
candle of Tight at floor level, using a non -interruptible power source. There shall be no light
switches inside the room that control light fixtures used to meet this lighting requirement.
(3) Any portion of an openable window which is within eight (8) feet vertically or six (6) feet
horizontally from any accessible surface or any adjoining roof, balcony, landing, stair tread,
platform, or similar surface, or any climbable pole or tree, or any surface providing a foothold,
shall be secured as required by section 1018 of the Uniform Building Security Code.
(4) The interior of laundry rooms shall be visible from the exterior along common walking or
driving surfaces. Perimeter windows and interior mirrors may be utilized to meet this
requirement. Laundry rooms are to be located in high activity areas with natural surveillance
opportunities and not in remote or isolated locations.
(I) Elevators
Elevators shall be designed as follows:
Elevator cabs, the interiors of which are not completely visible when the door is open
from a point centered on the 36 inches away from the door shall have shatter resistant
mirrors or other equally reflective material so placed as to make visible the entire elevator
cab from this point. The elevator cab shall be illuminated at all times with a minimum
maintained 2-foot candles of light at floor level.
(J) Stairways
Except for private stairways, Stairways shall be designed as follows:
(1) Interior doors shall have glazing panels a minimum of 5 inches wide and 20 inches in
height and meet requirements of the California Building Code.
(2) Areas beneath stairways at or below ground level shall be fully enclosed or access to
them restricted.
(3) Enclosed stairways shall have shatter resistant mirrors or other equally reflective
material at each level and landing and be designed or placed in such manner as to provide
visibility around corners.
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(K) Parking structures.
(1) Parking structures shall be designed to restrict unauthorized access.
(2) Outside stairwells shall be open and not obstructed from view
(3) Security telephones with monitoring capability shall be located on every level adjacent to
pedestrian ingress/egress points. If pedestrian ingress/egress points are more than 200 feet but
less than 300 feet apart, additional security telephones shall be located at the midpoint between
pedestrian ingress/egress points. If pedestrian ingress/egress points are more than 300 feet
apart, security telephones will be located at 100-foot intervals. Security telephones shall be
visible from all vehicular and pedestrian ingress/egress points and identified with appropriate
signage.
(4) Blind corners shall be provided with shatterproof convex mirrors to improve visibility for
both operators of vehicles and pedestrians.
(5) Doors shall be labeled with signage meeting the requirements of section 501.2
(6) Parking structures shall have the ceiling area of each floor or tier painted and maintained
white or other reflective color approved by the Building Official.
(L) Other requirements
(1) Storage Areas. Exterior storage area attached to a dwelling, apartment or condominium
and enclosed by a door shall comply with this section or have a minimum 3/8" diameter
hardened padlock hasp.
(2) Side Gates. Side gates shall be the full height of the adjacent fence or wall and be
capable of being locked. Side gates shall be secured with a slide bolt mounted on the inside of
the gate. The slide bolt shall have a bolt diameter of three -eighths (3/8) inch and protrude at
least one and one-half (1 1/2) inches into the receiving guide. The slide bolt shall be attached to
the gate with non -removable bolts. Rivets shall not be used to attach slide bolt assemblies.
The slide bolt shall be mounted at a height that is not accessible by reaching over the gate.
FINDINGS The amendment is needed due to local geological and topographical
conditions.
These modifications are necessary due to the topographical nature of the City
and the easy access to freeways described in Section A of these Findings. In
light of said conditions, it is necessary to adopt these requirements to
enhance crime prevention. Additionally, this will bring the code into
conformance with the City of Dublin Police Department requirements.
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3. California Residential Code.
7.34.110 Section 202, Chapter 2, Definitions of Substantial Damage and Substantial
Improvement.
The definitions of "Substantial Damage" and "Substantial Improvement" in Section 202 of the
State Code are amended to read as follows:
Substantial Damage. Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before -damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred. The term also includes flood -related
damage sustained by a structure on two separate occasions during a 10-year period for which
the cost of repairs at the time of each such flood event, on average, equals or exceeds 25
percent of the market value of the structure before the damage occurred.
Substantial Improvement. Any one or more or any combination of repair,
reconstruction, rehabilitation, alterations, addition or other improvement of a building or structure
taking place during a 10-year period, the cumulative cost of which equals or exceeds 50 percent
of the market value of the structure before the improvement or repair is started. For each
building or structure, the 10-year period begins on the date of the first permit issued for
improvement or repair of that building or structure subsequent to January 1, 2023. If the
structure has sustained substantial damage, any repairs are considered substantial
improvement regardless of the actual repair work performed. The term does not, however,
included either:
3. Any project for improvement of a building required to correct existing health, sanitary
or safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
Any alteration of a historic structure provided that the alteration will not preclude the structure's
continued designation as a historic structure.
FINDINGS The amendment is needed due to local climatic and topographical conditions.
This modification is necessary because the City of Dublin is a densely
populated area having buildings and structures constructed near and within
flood prone areas. The City codes require a definition for Substantial
Damage and Substantial Improvement that includes repetitive lose and
repetitive flood damage. Local climatic and topographical conditions
include a average yearly rainfall, which tends to be concentrated from
October to April.
7.34.130 Section R301.2.4 Floodplain Construction — Amended.
Section R301.2.4 is amended to read:
Buildings and structures constructed in whole or in part in flood hazard areas (including A
or V Zones) as established in Table R301.2(1), and substantial improvement and repair of
substantial damage of buildings and structures in floor hazard areas, shall be designed and
constructed in accordance with ASCE24. Buildings and structures that are located in more than
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one flood hazard area shall comply with the provisions associated with the most restrictive flood
hazard area.
FINDINGS The amendment is needed due to local climatic and topographical conditions.
Local climatic and topographical conditions include a average yearly
rainfall, which tends to be concentrated from October to April.
7.34.140 Section R313.1 Exception, Chapter R3 Townhouse Automatic Fire Sprinkler
Systems — Amended.
Section R313.1 Exception is amended to read:
Exception: An automatic sprinkler system shall not be required where additions or
alteration are made to existing townhouses that do not have an automatic sprinkler system
installed, provided that the total square footage of the existing building plus the addition does
not exceed 3600 square feet (334m2). Additions or alteration that remove 50 percent or more of
the existing exterior walls of a dwelling shall be considered a new dwelling for the purposes of
Section R313.1.
FINDING: The amendment is needed due to local climatic and topographical conditions.
This modification was necessary because the City of Dublin has a dry period
of at least five months each year. Additionally, The area is subject to
occasional drought. Because of dryness, a rapidly burning grass fire or
exterior building fire can quickly transfer to other buildings. These
modifications are consistent with the Fire Authority having jurisdiction.
7.34.150 Section R313.2 Exception 1, Chapter R3 One and Two-family Dwellings
Automatic Fire Sprinkler Systems — Amended.
Section R313.2 Exception 1 is amended to read:
Exception: 1. An automatic residential fire sprinkler system shall not be required for
additions or alteration to existing building that are not already provided with an automatic
residential sprinkler system, provided that the total square footage of the existing building plus
the addition does not exceed 3600 square feet (334m2). Additions or alteration that remove 50
percent or more of the existing exterior walls of a dwelling shall be considered a new dwelling
for the purposes of Section R313.2.
FINDING: The amendment is needed due to local climatic and topographical conditions.
This modification was necessary because the City of Dublin has a dry period
of at least five months each year. Additionally, The area is subject to
occasional drought. Because of dryness, a rapidly burning grass fire or
exterior building fire can quickly transfer to other buildings. These
modifications are consistent with the Fire Authority having jurisdiction.
7.34.160 Section R319.2, Chapter R3, Site Address - Added.
Section R319.2, is added to read:
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R319.2 Address Location. Address shall be installed in the following locations:
1 Walkways serving six (6) or more individual units where the front entrance is not parallel to
the street and driveways servicing six (6) or more individual dwelling units shall have minimum
of four (4) inch high identification numbers, noting the range of unit numbers placed at the
entrance to each driveway at a height between thirty-six (36) and forty-two (42) inches above
grade. The address numbers shall be illuminated during the hours of darkness. The light
source shall be provided with an uninterruptible AC power source or controlled only by a
photoelectric device or photovoltaic powered.
2. No other number may be affixed to a structure that might be mistaken for, or confused
with, the number assigned to the structure.
3. If the building is adjacent to an alley, the number shall also be placed on or adjacent to
the rear gate accessing the alley.
4. For multifamily buildings with recessed entryway over 2 feet, an additional lighted address
shall be placed at the entryway to the recessed area. If the recessed area provides access to
more than one dwelling unit, the range of units shall be displayed.
5. Each principal building of a multifamily complex shall display the number or letter
assigned to that building on each corner of the building at a height that will prevent the number
from being obscured by landscaping.
6. Any building with vehicular access to the rear through a public or private alley shall
display, in a clearly visible location, a highly reflective or illuminated address number a minimum
of four (4) inches in height.
7. Address numbers shall not be obstructed by architectural structures such as trellises,
arbors, balconies, light fixtures and or landscaping.
FINDINGS The amendment is needed due to local geological and topographical
conditions.
These modifications are necessary due to the topographical nature of the City
and the easy access to freeways described in Section A of these Findings. In
light of said conditions, it is necessary to adopt these requirements to
enhance crime prevention. Additionally, this will bring the code into
conformance with the City of Dublin Police Department requirements.
7.34.170 Section R322.1 Chapter R3, General — Amended.
Section R322.1 is amended to read:
R322.1 General. Buildings and structures constructed in whole or in part in flood hazard
areas, including A or V Zones and Coastal A Zones, as established in Table R301.2(1), and
substantial improvement and repair of substantial damage of buildings and structures in flood
hazard areas, shall be designed and constructed in accordance with ASCE24 Buildings and
Page 32 of 56
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structures that are located in more than one flood hazard area shall comply with the provisions
associated with the most restrictive flood hazard area.
FINDINGS The amendment is needed due to local climatic and topographical conditions.
Local climatic and topographical conditions include a average yearly
rainfall, which tends to be concentrated from October to April.
7.34.180 Section R337.1.1 Chapter R3, Scope — Amended.
Section R337.1.1 is amended to read:
R337.1.1 Scope. Section R337 and all subsections apply to building materials, systems
and or assemblies used in the exterior design and construction of new buildings located
within a Wildland-Urban Interface (WUI) Fire Area as defined in Section R337.2 or adjacent
to open space or undeveloped land.
FINDING: The amendment is needed due to local climatic and topographical conditions.
This modification was necessary because the City of Dublin has a dry period
of at least five months each year. Additionally, the area is subject to
occasional drought. Because of dryness, a rapidly burning grass fire or
exterior building fire can quickly transfer to other buildings. These
modifications are consistent with the Fire Authority having jurisdiction.
7.34.190 Section R337.2 Chapter R3, Definitions — Amended.
Section 337.2 is amended to add the following definitions:
Adjacent to Open Space. Shall mean commercial parcels and residential lots which have a
point of contact with open space.
Adjacent to Undeveloped Land. Shall mean commercial parcels and residential lots which
have a point of contact with Undeveloped Land.
Open Space. For the purpose of this Chapter, Open Space shall mean those lands set aside to
remain permanently undeveloped.
Undeveloped Land. For the purpose of this Chapter, Undeveloped Land shall mean land
which is available for development, but no Tentative Map, Master Tentative Map or
Development Agreement has been approved, and any land designated for government use.
FINDING: The amendment is needed due to local climatic and topographical conditions.
These modifications are necessary because the City of Dublin has a dry
period of at least five months each year. Additionally, The area is subject to
occasional drought. Because of dryness, a rapidly burning grass fire or
exterior building fire can quickly transfer to other buildings. These
modifications are consistent with the Fire Authority having jurisdiction.
Page 33 of 56
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7.34.200 Section R350, Chapter R3, Building Security — Added.
Section R350 is added to read:
R350.1 Building Security. Residential building security shall be in accordance with the
Uniform Building Security Code in addition to the following:
R350.2 Exterior doors: Each exterior door shall be secured as follows:
1. Exterior doors (excluding glass patio doors) and doors leading from garage areas into
dwellings shall be equipped with a dead bolt lock with one -inch (1") throw.
2. Pairs of doors shall have flush bolts with a minimum throw of five -eighths inch (5/8") at
the head and foot (floor and ceiling) of the inactive leaf.
3. Doorstop on a wooden jamb for an in -swing door shall be of one-piece construction with
the jamb joined by a rabbet.
4. Locks shall be provided on all sliding patio doors.
5. Sliding patio glass doors opening onto patios or balconies which are less than one story
above grade or are otherwise accessible from the outside shall have the moveable
section of the door sliding on the inside of the fixed portion of the door or possess an
approved secondary lock mounted on interior of moveable section.
6. The lock bolt on all glass patio doors shall engage the strike sufficiently to prevent its
being disengaged by any possible movement of the door within the space or clearance
provided for installation and operation. The strike area shall be of material adequate to
maintain effectiveness of bolt strength.
R350.3 Landscaping.
1. Shrubs and ground cover shall not directly cover windows and doorways.
2. River rock used near parking lots or buildings shall be permanently affixed.
3. Backyard gates shall be the full height of the wall or fence adjacent and capable of being
locked.
4. Open space and buildings shall be arranged to afford visibility and opportunity for
surveillance by on -site users and passers-by.
5. Barriers, both real and symbolic, shall be designed to afford opportunities for surveillance
through the barrier.
6. For residential development, walls or fences, if installed, shall be a minimum of 6 feet in
height when adjacent to any of the following:
• Reverse frontage,
• Retention/detention areas,
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• Parks, Commercial areas,
• Industrial areas, or
• Bike paths.
R350.4 Garage Type (Vehicle) Doors. Garage -type doors, which are either rolling overhead,
solid overhead, swinging, sliding, or accordion style doors shall conform to the following
standards;
1. Wood doors shall have panels a minimum of five -sixteenths (5/16) inch in thickness with
the locking hardware being attached to the support framing.
2.Aluminum doors shall be a minimum thickness of .0215 inches and riveted together a
minimum of 18 inches on center along the outside seams. There shall be a full width horizontal
beam attached to the main door structure which shall meet the pilot, or pedestrian access, door
framing within 3 inches of the strike area of the pilot or pedestrian access door.
3. Fiberglass doors shall have panels a minimum density of 6 ounces per square foot from
the bottom of the door to a height of 7 feet. Panels above 7 feet and panels in residential
structures shall have a density not less than 5 ounces per square foot.
4. Doors utilizing a cylinder lock shall have a lock receiving point at each outer edge of the
door; or, if the door does not exceed 19 feet, a single bolt may be used if placed in the center of
the door with the locking point located either at the floor or door frame header.
5. Doors with slide bolt assemblies shall have frames a minimum of .120 inches of
thickness, with a minimum bolt diameter of one half (1/2) inch and protrude at least one and one
half (1 1/2) inches into the receiving guide. A bolt diameter of three -eighths (3/8) inch may be
used in a residential building. The slide bolt shall be attached to the door with non -removable
bolts from the outside. Rivets shall not be used to attach slide bolt assemblies.
R350.5 Emergency Access. Private roads and parking areas or structures controlled by
unmanned mechanical parking type gates shall provide for police emergency access as follows:
1. Radio frequency access or by providing the gate access code for distribution to
emergency responders. When an access code is to be utilized, an illuminated control box shall
be mounted on a control pedestal consisting of a metal post/pipe which shall be installed at a
height of 42 inches and a minimum of 15 feet (4.6m) from the entry/exit gate. It shall be located
on the driver's side of the road or driveway and accessible in such a manner as to not require a
person to exit their vehicle to reach it, nor to drive on the wrong side of the road or driveway, nor
to require any back-up movements in order to enter/exit the gate.
2. All lockable pedestrian gates to residential recreation areas serving 6 or more dwelling
units, and gates or doors to common walkways or hallways of residential complexes where
there are 4 or more dwelling units within the complex, shall provide for police emergency access
utilizing an approved key switch device or approved Knox box.
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3. Pedestrian gates/doors using an electromagnetic type lock shall install a key switch within
a telephone/intercom console or in a control housing, or other method approved by the Building
Official that will provide for police emergency access. See 350.5.1 for options.
4. Pedestrian gate/doors (including pedestrian gates/doors in pool enclosures and
recreational facilities) utilizing mechanical locks shall install a Knox box adjacent to each
gate/door, securely attaching it to a fence or wall.
R350.6 Keying requirements. Upon occupancy by the owner or proprietor, each single unit in
a tract constructed under the same site development review, shall have locks using
combinations that are interchange free from locks used in all other separate dwellings,
proprietorships, or similar distinct occupancies.
R350.7 Other requirements
1. Storage Areas. Any exterior storage area attached to a dwelling enclosed by a door
shall comply with this section or have a minimum 3/8" diameter hardened padlock hasp.
2. Side Gates. Side gates shall be the full height of the adjacent fence or wall and be
capable of being locked. Side gates shall be secured with a slide bolt mounted on the inside of
the gate. The slide bolt shall have a bolt diameter of three -eighths (3/8) inch and protrude at
least one and one-half (1 1/2) inches into the receiving guide. The slide bolt shall be attached to
the gate with non -removable bolts. The slide bolt shall be mounted at a height that is not
accessible by reaching over the gate.
FINDINGS The amendment is needed due to local geological and topographical
conditions.
This modification is necessary due to the topographical nature of the City and
the easy access to freeways described in Section A of these Findings. In light
of said conditions, it is necessary to adopt these requirements to enhance
crime prevention. Additionally, this will bring the code into conformance with
the City of Dublin Police Department requirements.
7.34.210 Section R403.1.3, Chapter R4, Footing and stem wall reinforcing in Seismic
Design Categories Do, D1, D2. — Amended.
Section R403.1.3 is amended to read:
R403.1.3 Footing and stem wall reinforcing in Seismic Design Categories Do, Di,
Dz. Concrete footings located in Seismic Design Categories Do, Di and D2, as established in
Table R301.2, shall have minimum reinforcement of at least two continuous longitudinal
reinforcing bars, one top and one bottom and not smaller than No. 4 bars. Bottom reinforcement
shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.
FINDINGS: The amendment is needed due to local geological, climatic and topographical
conditions.
The San Francisco Bay Area region is densely populated and/or located in an
area of high seismic activities as indicated by United States Geological Survey
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1735
and California Division of Mines and Geology. Recent earthquake activities,
including the 1989 Loma Prieta earthquake, have indicated the lack of
adequate design and detailing as a contributing factor to damages that
reduced the protection of the life -safety of building occupants. The City of
Dublin is a densely populated area having buildings constructed near
potentially active faults. The Association of Bay Area Governments (ABAG)
roughly estimates the probability of a serious earthquake along the Hayward
Fault as one -in -four in the next 20 years, while the USGS predict the
probability of a powerful quake in the next 20 years at 72%. The proposed
modification to ensure that the design of slender wall must satisfy both
strength and serviceability requirements need to be incorporated into the
code to assure that new buildings and additions to existing buildings are
designed and constructed in accordance with the scope and objectives of the
International Building Code.
7.34.220 Table R602.10.3(3), Chapter R6, Bracing Requirements — Amended.
Table R602.10.3(3) is amended by adding a new footnote "i" to read:
i. Methods PBS, HPS, SFB and CS-SFB are not permit in Seismic Design Categories Do,
Di, and D2 .
j. Methods GB, DWB and PCP are not permitted in Seismic Design Categories Do, Di,
and D2 where Si is greater than or equal to 0.75.
Add the "i, j" footnote notation in the title of Table R602.10.3(3) to read:
TABLE R602.10.3(3)'' i
FINDINGS: The amendment is needed due to local geological, climatic and topographical
conditions.
The amendment addresses the problem of poor performance of these bracing
materials in high seismic areas to limit potential structural damage. Shear
walls sheathed with lath, plaster or gypsum board are less ductile than
plywood shear walls, The poor performance of such shear walls in the 1994
Northridge earthquake was investigated by the Structural Engineers
Association of Southern California (SEAOSC) and the Los Angeles City Task
Force and formed the basis for this amendment. This amendment is also
consistent with the design limitations for similar shear walls found in Table
2308.6.1 of the 2022 California Building Code.
7.34.230 Section R602.10.4.5, Chapter R6, Limits on methods GB and PCP —
Added.
A new Section R602.10.4.5 is added to read:
R602.10.4.5 Limits on methods GB and PCP. In Seismic Design Categories Do, Di,
and D2, Method GB is not permitted for use as intermittent braced wall panels, but gypsum
board is permitted to be installed when required by this Section to be placed on the opposite
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1736
side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories
Do, Di, and D2, the use of Method PCP is limited to one-story single-family dwellings and
accessory structures.
FINDINGS: The amendment is needed due to local geological, climatic and topographical
conditions.
This section deletes the use of gypsum board for lateral bracing. This deletion
is necessary because the City of Dublin is located in Seismic Zone D and E.
Gypsum wallboard has performed poorly during recent California seismic
events. The shear values for gypsum wallboard contained in the code are
based on mono -directional testing. In addition, this section limits the use of
portland cement plaster for lateral bracing to single story residential
buildings. This limitation is necessary because the City of Dublin is located
in Seismic Zone D and E. Exterior portland cement plaster has performed
poorly during recent California seismic events. The shear values for portland
cement stucco contained in the code are based on mono -directional testing.
It is appropriate to limit the use of this product until cyclic loading tests are
performed and evaluated.
The San Francisco Bay Area region is densely populated and/or located in an
area of high seismic activities as indicated by United States Geological Survey
and California Division of Mines and Geology. Recent earthquake activities,
including the 1989 Loma Prieta earthquake, have indicated the lack of
adequate design and detailing as a contributing factor to damages that
reduced the protection of the life -safety of building occupants. The City of
Dublin is a densely populated area having buildings constructed near
potentially active faults. The Association of Bay Area Governments (ABAG)
roughly estimates the probability of a serious earthquake along the Hayward
Fault as one -in -four in the next 20 years, while the USGS predict the
probability of a powerful quake in the next 20 years at 72%. The proposed
modification to ensure that the design of slender wall must satisfy both
strength and serviceability requirements need to be incorporated into the
code to assure that new buildings and additions to existing buildings are
designed and constructed in accordance with the scope and objectives of the
International Building Code.
7.34.240 Section R902, Chapter 9, Fire Classification -Amended.
Section R902.1 is amended to read:
R902.1 Roof covering materials. Roofs shall be covered with materials as set forth in
Sections R904 and R905. A minimum Class A, B or C roofing shall be installed in areas
as designated below or where the edge of the roof is less than 3 feet from a lot line.
Class A, B and C roofing required by this section to be listed shall be tested in
accordance with UL 790 or ASTM E 108.
1. Map of Fire Safe Roof Areas. Figure 15-1 * is a map of Fire Safe Roof
areas. Said map may be amended from time to time by including areas which are
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annexed to the City within one of the two roofing areas. Said amendments may be
made by the Building Official after consultation, with the Chief of the Fire Department or their
designee having jurisdiction.
2. Roofing Area 1. Any new roof and any alteration, repair or replacement for
buildings housing R & U-1 occupancies in Roofing Area 1 shall use roof covering
material that conforms to Class B or better or shall be made of concrete, ferrous or
copper metal, clay, slate or similar non-combustible material.
3. Roofing Area 2. Any new roof for buildings using roof covering material
that conforms to Class C or better or shall be made of concrete, ferrous or copper metal,
clay, slate or similar non-combustible material.
Editor's Note: Figure 15-1 is on file in the office of the City Clerk.
FINDING: The amendment is needed due to local climatic and topographical conditions.
This modification was necessary because the City of Dublin has a dry period
of at least five months each year. Additionally, The area is subject to
occasional drought. Because of dryness, a rapidly burning grass fire or
exterior building fire can quickly transfer to other buildings. These
modifications are consistent with the Fire Authority having jurisdiction.
7.34.150 Section R1001.1.2 Chapter 10, Prohibited Installations —Added.
A new Section R1001.1.2 is added to read:
R1001.1.2 Prohibited Installations. It shall be unlawful to install a new wood burning
fireplace or appliance that is not one of the following:
4) Pellet -fueled wood heater,
5) EPA certified wood heater,
6) Fireplace certified by EPA
FINDING: The amendment is needed due to local climatic and topographical conditions.
This modification was necessary because fireplaces and wood stoves
generate 40 percent of the particulate matter in the Bay Area during the winter
months. Of greater concern are the fine particles, which can lodge deep in
the lungs causing permanent lung damage and increasing mortality. Burning
wood also generates carbon monoxide, nitrogen dioxide, volatile organic and
toxic air pollutants.
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4. California Electrical Code.
7.36.070 Section 210.53, Office receptacle outlets -Added.
Section 210.53 is added to read:
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 of each office so that no point along the floor line any wall
space is more than six (6) feet (1.83m) measured horizontally, from an outlet in that space
including any wall space two (2) feet (610 mm) or more in width and the wall space occupied
by sliding panels in exterior walls.
As used in the section a "wall space" shall be considered a wall unbroken along the
floor line by doorways, fireplaces and similar openings. Each wall space two (2) or more feet
(610 mm) wide shall be treated individually and separately from other wall spaces within the
room. A wall space shall be permitted to include two or more walls of a room (around
corners) where unbroken at the floor line.
As used in this section "office space" means an enclosed office space with hard walls.
Open office floor plans are not affected by this section.
Receptacle outlets shall, insofar as practicable be spaced equal distances apart.
Receptacle outlets in floors shall not be counted as part of the required number of receptacle
outlets unless located near the wall.
The receptacle outlets required by the section shall be in addition to any receptacle that
is part of any lighting fixture or appliance, located within cabinets or cupboards, or located
over five and one-half (5 1/2) feet (1.68 m) above the floor.
FINDINGS: The amendment is needed due to local geological conditions.
This section requires additional receptacles. The City of Dublin is located in
a highly active Seismic Zone D and E. In Office Buildings without these
requirements extension codes are being used. Extension cords are not
afforded the same protection from damage as wiring raceways. Damage to
extension cords could occur in a seismic event, which increases the potential
for a fire.
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5. California Plumbing Code.
7.40.080 Section 609.3, Chapter 6, Under Concrete Slab —Amended.
Section 609.3, first paragraph, is amended by replacing it to read:
Section 609.3 Water piping shall not be installed in or under a concrete floor slab within a
building without prior approval of the Building Official. When approved, such piping shall
be installed in accordance with the following requirements:
FINDINGS The amendment is needed due to local geological conditions.
This section eliminates water piping in or under concrete floor slabs within a
building. This amendment is necessary for the following reasons:
(1) Most of the surface soils in the City of Dublin are relatively young and
unconsolidated sedimentary materials formed from a wide variety of parent
materials. The varying chemical composition, degree of weathering and the
relatively acid environment have created soils of varying types, which are
particularly corrosive in nature.
(2) Much of the surface soil in the City of Dublin is highly expansive (i.e., shrink -
swell behavior) and have low bearing strength.
(3) There are two types of expansive soils in the area:
a. the organic silty clays which are the recent bay muds; and
b. the plastic silty clays which weather from the shale found in the hills
surrounding the City of Dublin
(4) The local climate is characterized by markedly delineated rainy and dry
seasons, which tend to maximize the expansive characteristics of soil.
(5) Some parts of the City of Dublin have hard water, which is corrosive to ferrous
pipe.
(6) The groundwater table is unusually high in many places.
(7) The City of Dublin is a highly active seismic area.
Page 41 of 56
1740
6. California Mechanical Code
No findings, beyond the general findings listed above, are necessary to justify the proposed
amendments
Page 42 of 56
1741
7. California Existing Building Code
7.46.080 Section 202, Chapter 2, Definitions of Substantial Damage and Substantial
Improvement.
The definitions of "Substantial Damage" and "Substantial Improvement" in Section 202 of the
State Code are amended to read as follows:
Substantial Damage. Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before -damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred. The term also includes flood -related
damage sustained by a structure on two separate occasions during a 10-year period for which
the cost of repairs at the time of each such flood event, on average, equals or exceeds 25
percent of the market value of the structure before the damage occurred.
Substantial Improvement. Any one or more or any combination of repair,
reconstruction, rehabilitation, alterations, addition or other improvement of a building or structure
taking place during a 10-year period, the cumulative cost of which equals or exceeds 50 percent
of the market value of the structure before the improvement or repair is started. For each
building or structure, the 10-year period begins on the date of the first permit issued for
improvement or repair of that building or structure subsequent to January 1, 2023. If the
structure has sustained substantial damage, any repairs are considered substantial
improvement regardless of the actual repair work performed. The term does not, however,
included either:
1. Any project for improvement of a building required to correct existing health, sanitary
or safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
2. Any alteration of a historic structure provided that the alteration will not preclude the
structure's continued designation as a historic structure.
FINDINGS The amendment is needed due to local climatic and topographical conditions.
This modification is necessary because the City of Dublin is a densely
populated area having buildings and structures constructed near and within
flood prone areas. The City codes require a definition for Substantial
Damage and Substantial Improvement that includes repetitive lose and
repetitive flood damage. Local climatic and topographical conditions
include a average yearly rainfall, which tends to be concentrated from
October to April.
7.46.090 Chapters 6 through 13-Deleted.
Chapters 6 through 13 are deleted.
Page 43 of 56
1742
8. California Green Building Code
7.94.050 Section 202, Chapter 2 Definitions — Amended.
The following definitions are hereby added to Section 202 of the State Code to read as follows:
ALL -ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for
combustion equipment within the building or building property lines, and instead uses electric
appliances for service.
COMMERCIAL FOOD HEAT -PROCESSING EQUIPMENT. Equipment used in a food
establishment for heat -processing food or utensils and that produces grease vapors, steam,
fumes, smoke, or odors that are required to be removed through a local exhaust ventilation
system, as defined in the California Mechanical Code.
COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water
heating, cooking, clothes drying and/or lighting that uses fuel gas.
ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm
environment by the application of electric power to resistance elements, refrigerant
compressors, or dissimilar material junctions, as defined in the California Mechanical Code.
FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these.
FINDINGS The amendment is needed due to local climatic conditions.
All -electric construction has a significant positive effect on energy resource
efficiency, waste and pollution generation, and the health and productivity
of building occupants over the life of the building. The City of Dublin has a
dry, hot period of at least five months each year. As a result of the hiqh
temperatures, average load demand and peak load demand of energy used
in Dublin are important factors impacting public safety and creating the
potential for adverse economic impacts due to power outages or power
reductions (i.e. "brownouts"). Reduction of total and peak energy use
because of incremental conservation measures required by this ordinance
will have local benefits in the additional available system energy capacity.
Furthermore, the reduction of greenhouse gas emissions from all -electric
buildings will help mitigate climate change and its negative effects such as
extreme heat events, droughts, intense storms, and flooding, thus making
these amendments reasonably necessary because of local climactic
reasons.
7.94.060 Section 4.106.4 Electric vehicle (EV) charging for new construction — Deleted
and Replaced.
Section 4.106.4 is deleted and replaced with Section A4.106.8 to read:
A4.106.8 Electric vehicle (EV) charging for new construction is adopted as mandatory at
the Tier 2 level.
Page 44 of 56
1743
FINDINGS The amendment is needed due to local climatic, topographical and
environmental conditions.
This modification is necessary because the City of Dublin is a densely
populated area having buildings and structures constructed within heavily
traveled traffic corridors and highways (580 and 680), near and within flood
prone areas. This impacts the quality of the air, causes higher decibel noise
level, and increases the risk of rising sea or flood levels. The proposed
modification to increase the number of EV charging spaces will help to
address and significantly reduce local air and noise pollutions, greenhouse
qas emissions, and will improve the health and welfare of the City's
residents, businesses and visitors and reduce the rise in sea or flood levels
that could put at risk the City's homes, businesses and public facilities at
risk. Therefore, this amendment needs to be incorporated into the code to
assure that new buildings and structures and additions or alterations to
existing buildings or structures are designed and constructed in accordance
with the scope and objectives of the California Green Building Standards
Code.
7.94.070 Sections 4.106.5, 4.106.5.1, and 4.106.5.2 All Electric Buildings — Added.
Sections 4.106.5, 4.106.5.1, and 4.106.5.2 are added to read:
4.106.5 All -electric buildings. New construction buildings and qualifying alteration projects
shall comply with Section 4.106.5.1 or 4.106.5.2 so that they do not use combustion equipment
or are ready to accommodate installation of electric heating appliances.
4.106.5.1. New construction and qualifying alteration projects. All newly constructed
buildings shall be all -electric buildings. Qualifying alteration projects shall be limited to additions
or alterations that remove 50 percent or more of the existing exterior walls of a dwelling and
additions that increase the square footage of the structure by more than 50 percent.
The final determination whether a project meets the definition of a qualifying alteration project
shall be made by the Building Official
Exception:
If the applicant establishes that there is not an all -electric prescriptive compliance
pathway for the building under the California Building Energy Efficiency Standards,
and that the building is not able to achieve the performance compliance standard
applicable to the building under the Energy Efficiency Standards using
commercially available technology and an approved calculation method, then the
Building Official may grant a modification. The applicant shall comply with the
following and Section 4.106.5.2.
Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated to
qualify for the exceptions contained in this chapter. The inactive Fuel Gas
Infrastructure shall not be activated, have a meter installed, or otherwise used
unless the exemptions specified in this chapter have been confirmed as part of the
issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving one
Page 45 of 56
1744
of the exceptions contained in this chapter, it shall either be capped, otherwise
terminated, or removed by the entity previously entitled to the exemption, in a
manner pursuant to all applicable Codes.
The Building Official shall have the authority to approve alternative materials and methods of
construction as per the Dublin Municipal Code, Chapter 7.28.
4.106.5.2 Requirements for combustion equipment.
Where combustion equipment is allowed under subsection 4.106.5.1, the construction drawings
shall indicate electrical infrastructure and physical space accommodating the future installation
of an electrical heating appliance in the following ways, as certified by a registered design
professional or licensed electrical contractor:
1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating
appliances in accordance with manufacturer requirements and the California Electrical
Code, including the appropriate voltage, phase, minimum amperage, and an electrical
receptacle or junction box within five feet of the appliance that is accessible with no
obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
2. Labeling of both ends of the unused conductors or conduit shall be with "For Future
Electrical Appliance"; and
3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately
labeled (i.e. "Reserved for Future Electric Range"), and positioned on the opposite end of
the panel supply conductor connection; and
4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be
sized to serve the future electrical heating appliances. The electrical capacity
requirements shall be adjusted for demand factors in accordance with the California
Electric Code; and
5. Physical space for future electrical heating appliances, including equipment footprint, and
if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall
be depicted on the construction drawings. The footprint necessary for future electrical
heating appliances may overlap with non-structural partitions and with the location of
currently designed combustion equipment.
FINDINGS The amendment is needed due to local climatic conditions.
All -electric construction has a significant positive effect on energy resource
efficiency, waste and pollution generation, and the health and productivity
of building occupants over the life of the building. The City of Dublin has a
dry, hot period of at least five months each year. As a result of the hiqh
temperatures, average load demand and peak load demand of energy used
in Dublin are important factors impacting public safety and creating the
potential for adverse economic impacts due to power outages or power
reductions (i.e. "brownouts"). Reduction of total and peak energy use
because of incremental conservation measures required by this ordinance
Page 46 of 56
1745
will have local benefits in the additional available system energy capacity.
Furthermore, the reduction of greenhouse gas emissions from all -electric
buildings will help mitigate climate change and its negative effects such as
extreme heat events, droughts, intense storms, and flooding, thus making
these amendments reasonably necessary because of local climactic
reasons.
7.94.080 Section 4.107.1, Division 4.1, Chapter 4, Future access for solar systems -
Added.
A new Section 4.107.1 is added to read:
4.107.1 Future Access for Solar Systems. A minimum one -inch (25.4 mm) electrical
conduit shall be provided from the electrical service equipment to the solar zone as defined
by the California Energy Code, Title 24, Part 6, Section 110.10. Where a solar zone is not
required by the California Energy Code, the conduit location shall be subject to approval of
the Building Official.
Exception: Where solar is installed as part of the original construction and prior to first
occupancy.
FINDINGS The amendment is needed due to local climatic, topographical and
environmental conditions.
Green building design, construction and operation can have a significant
positive effect on energy resource efficiency, waste and pollution
generation, and the health and productivity of building occupants over the
life of the building. The City of Dublin has a dry, hot period of at least five
months each year. As a result of the high temperatures, average load
demand and peak load demand of energy used in Dublin are important
factors impacting public safety and creating the potential for adverse
economic impacts due to power outages or power reductions (i.e.
"brownouts"). Reduction of total and peak energy use as a result of
incremental conservation measures required by this ordinance will have
local benefits in the additional available system energy capacity.
7.94.090 Sections 5.106.5.3 and 5.106.5.3.1 Electric vehicle (EV) charging. — Deleted
and Replaced.
Sections 5.106.5.3 and 5.106.5.3.1 are deleted and replaced with Section A5.106.5.3 to read:
Section A5.106.5.3 Electric vehicle (EV) charging for new construction is adopted as
mandatory at the Tier 2 level.
FINDINGS The amendment is needed due to local climatic, topographical and
environmental conditions.
This modification is necessary because the City of Dublin is a densely
populated area having buildings and structures constructed within heavily
traveled traffic corridors and highways, near and within flood prone areas.
Page 47 of 56
1746
This impacts the quality of the air, causes higher decibel noise level, and
increases the risk of rising sea or flood levels. The proposed modification
to increase the number of EV charging spaces will help to address and
significantly reduce local air and noise pollution and greenhouse gas
emissions, will improve the health and welfare of the City's residents,
businesses and visitors, and reduce the rise in sea or flood levels that could
put the City's homes, businesses and public facilities at risk. Therefore, this
amendment needs to be incorporated into the code to assure that new
buildings and structures and additions or alterations to existing buildings
or structures are designed and constructed in accordance with the scope
and objectives of the California Green Building Standards Code.
7.94.100 Section 5.106.13, 5.106.13.1 and 5.106.13.2 All electric buildings. — Added.
Section 5.106.13, 5.106.13.1 and 5.106.13.5.2 are added to read:
5.106.13 All -electric buildings. New construction buildings and qualifying alteration
projects shall comply with Section 5.106.13.1 or 5.106.13.2 so that they do not use
combustion equipment or are ready to facilitate future electrification.
5.106.13.1. New construction and qualifying alteration projects. All newly constructed
buildings shall be all -electric buildings. Qualifying alteration projects shall be limited to additions
or alterations that remove 50 percent or more of the existing exterior walls of a structure and
additions that increase the square footage of the structure by more than 50 percent.
Tenant improvements shall not be considered new construction. The final determination whether
a project meets the definition of qualifying alteration project shall be made by the Building
Official.
Exceptions:
1. Nonresidential buildings containing kitchens located in a place of public
accommodation, as defined in the California Building Code Chapter 2, may apply
to the Building Official for a modification to install commercial food heat -processing
equipment served by fuel gas. The Building Official may grant the modification,
provided the following findings are made:
a) The applicant has a business -related need to cook with combustion
equipment; and
b) The applicant has installed energy efficient equipment based on Energy
Star or California Energy Wise qualifications, as available.
c) The applicant will comply with Section 5.106.13.2.
2. If the applicant establishes that there is not an all -electric prescriptive
compliance pathway for the building under the California Building Energy
Efficiency Standards, and that the building is not able to achieve the performance
compliance standard applicable to the building under the Energy Efficiency
Standards using commercially available technology and an approved calculation
method, then the Building Official may grant a modification. The applicant shall
comply with following and Section 5.106.13.2
Page 48 of 56
1747
Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated
to qualify for the exceptions contained in this chapter. The inactive Fuel Gas
Infrastructure shall not be activated, have a meter installed, or otherwise be used
unless the exemptions specified in this chapter have been confirmed as part of the
issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving
one of the exceptions contained in this chapter, it shall either be capped, otherwise
terminated, or removed by the entity previously entitled to the exemption, in a
manner pursuant to all applicable Codes.
The Building Official shall have the authority to approve alternative materials and methods
of construction as per the Dublin Municipal Code, Chapter 7.28.
5.106.13.2. Requirements for combustion equipment.
Where combustion equipment is allowed under Subsection 5.106.13.1, the construction
drawings shall indicate electrical infrastructure and physical space accommodating the future
installation of an electrical heating appliance in the following ways, as certified by a
registered design professional or licensed electrical contractor:
1. Branch circuit wiring, electrically isolated and designed to serve all electrical
heating appliances in accordance with manufacturer requirements and the California
Electrical Code, including the appropriate voltage, phase, minimum amperage, and an
electrical receptacle or junction box within five feet of the appliance that is accessible with no
obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
2. Labeling of both ends of the unused conductors or conduit shall be with "For
Future Electrical Appliance"; and
3. Reserved circuit breakers in the electrical panel for each branch circuit,
appropriately labeled (i.e. "Reserved for Future Electric Range"), and positioned on the
opposite end of the panel supply conductor connection; and
4. Connected subpanels, panelboards, switchboards, busbars, and transformers
shall be sized to serve the future electrical heating appliances. The electrical capacity
requirements shall be adjusted for demand factors in accordance with the California Electric
Code; and
5. Physical space for future electrical heating appliances, including equipment
footprint, and if needed a pathway reserved for routing of ductwork to heat pump
evaporator(s), shall be depicted on the construction drawings. The footprint necessary for
future electrical heating appliances may overlap with non-structural partitions and with the
location of currently designed combustion equipment.
FINDINGS The amendment is needed due to local climatic conditions.
All -electric construction has a significant positive effect on energy resource
efficiency, waste and pollution generation, and the health and productivity
of building occupants over the life of the building. The City of Dublin has a
dry, hot period of at least five months each year. As a result of the high
Page 49 of 56
1748
temperatures, average load demand and peak load demand of energy used
in Dublin are important factors impacting public safety and creating the
potential for adverse economic impacts due to power outages or power
reductions (i.e. "brownouts"). Reduction of total and peak energy use
because of incremental conservation measures required by this ordinance
will have local benefits in the additional available system energy capacity.
Furthermore, the reduction of greenhouse gas emissions from all -electric
buildings will help mitigate climate change and its negative effects such as
extreme heat events, droughts, intense storms, and flooding, thus making
these amendments reasonably necessary because of local climactic
reasons.
7.94.110 Section 5.107.1, Division 5.1, Chapter 5, Future access for solar systems -
Added.
A new Section 5.107.1 is added to read:
5.107.1 Future Access for Solar Systems. Install conduit from the solar zone as defined
by the California Energy Code, Title 24, Part 6, Section 110.10 to a location within the
building identified as suitable for future installation of a charge controller (regulator) and
inverter.
Exception: Where solar is installed as part of the original construction and prior to first
occupancy.
FINDINGS The amendment is needed due to local climatic, topographical and
environmental conditions.
Green building design, construction and operation can have a significant
positive effect on energy resource efficiency, waste and pollution generation,
and the health and productivity of building occupants over the life of the
building. The City of Dublin has a dry, hot period of at least five months each
year. As a result of the high temperatures, average load demand and peak
load demand of energy used in Dublin are important factors impacting public
safety and creating the potential for adverse economic impacts due to power
outages or power reductions (i.e. "brownouts"). Reduction of total and peak
energy use as a result of incremental conservation measures required by this
ordinance will have local benefits in the additional available system energy
capacity.
Page 50 of 56
1749
9. Dublin Swimming Pool and Spa Code
7.45.080 Chapter 2, Definitions - Added.
The following definitions are added to read:
ANSI/APSP Performance Standard. ANSI/APSP performance standard means a standard
that is accredited by the American National Standards Institute (ANSI) and published by the
Association of Pool and Spa Professionals (APSP).
Approved Safety Pool Cover. Approved safety pool cover means a manually or power -
operated safety pool cover that meets all of the performance standards of the American Society
of Testing and Materials (ASTM), in compliance with standard F1346-91.
Enclosure. Enclosure means a fence, wall, or other barrier that isolates a swimming pool from
access to the home.
Exit Alarms. Exit alarms means devices that make audible, continuous alarm sounds when
any door or window, that permits access from the residence to the pool area that is without any
intervening enclosure, in opened or is left ajar. Exist alarms may be battery operated or may be
connected to the electrical wiring of the building.
Swimming Pool or Pool. Swimming pool of pool means any structure intended for swimming
or recreational bathing that contains water over eighteen (18) inches deep. Swimming pool
shall include in -ground and above ground structures and includes, but is not limited to, hot tubs,
spaces, portable spas, and nonportable wading pools.
FINDING: These modifications are necessary to adopt the most current State standard
and to clarify specific areas of the code
7.45.090 Chapter 2, Definitions - Amend.
The following definitions are amended to read:
Public swimming pool. Public swimming pool means a swimming pool operated for the use of
the general public with or without charge, or for the use of the members and guests of a private
club. Public swimming pool does not include a swimming pool located on the ground of a
private single-family home.
Suction Outlet. Suction outlet means a fitting or fixture typically located at the bottom or on the
sides of a swimming pool that conducts water to a recirculating pump.
FINDING: These modifications are necessary to adopt the most current State standard
and to clarify specific areas of the code
7.45.100 Section 303, Chapter 3, Energy - Amended.
Section 303. is deleted in its entirety and amended to read:
303 Energy. All pool and spa energy consumption shall meet the requirements in
the California Energy Code.
Page 51 of 56
1750
FINDING: These modifications are necessary to adopt the most current State standard
and to clarify specific areas of the code
7.45.110 Section 304.2, Chapter 3, Determination of impacts based on locations -
Amended.
Section 304.2. is amended to read:
304.2 Determination of impacts based on location. Pools and spas in flood
hazard areas indicated with in the City of Dublin shall comply with 304.2.1 or 304.2.2.
The remainder of section 304.2 is unchanged.
FINDING: These modifications are necessary to adopt the most current State standard
and to clarify specific areas of the code
7.45.120 Section 305.2, Chapter 3, Outdoor Swimming Pools and Spas - Amended.
Section 305.2 is amended to read:
305.2 Outdoor swimming pools and spas. Other than those facilities regulated
by the Swimming Pool Safety Act (Health and Safety Codes Sections 115920 through
115929), all outdoor pools and spas and indoor swimming pools shall be surrounded by a
barrier that complies with Sections 305.2.1 through 305.7
FINDING: These modifications are necessary to adopt the most current State standard
and to clarify specific areas of the code
7.45.130 Section 318.4, Chapter 3, Water Conservation - Added.
Section 318.4 is added to read:
318.4, Water conservation. Water conservation efficiency in residential and
public pools, spas, portable spas, and swim spas shall be provided for in accordance with
APSP 13.
FINDING: The amendment is needed due to local climatic and topographical conditions.
This modification was necessary because the City of Dublin has a dry period
of at least five months each year. Additionally, the area is subject to
occasional drought. Because of dryness, a rapidly burning grass fire or
exterior building fire can quickly transfer to other buildings. These
modifications are consistent with the Fire Authority having jurisdiction.
7.45.140 Section 901.2, Chapter 9, General - Deleted.
Section 901.2 is deleted.
FINDING: These modifications are necessary to adopt the most current State standard
and to clarify specific areas of the code
7.45.150 Section 1101.1, Chapter 11, Referenced Codes and Standards - Added.
Page 52 of 56
1751
Section 1101.1 is added to read:
1101.1 Referenced codes and standards. The codes and standards referenced
in this code shall be those that are listed in this chapter and such codes and standards
shall be considered to be part of the requirements of this code to the prescribed extent of
each such reference. Where differences occur between provisions of this code and the
referenced standards, the provision of this code shall be the minimum requirements.
FINDING: These modifications are necessary to adopt the most current State standard
and to clarify specific areas of the code
7.45.160 Section 1101.2, Chapter 11, Application of Codes- Added.
Section 1101.2 is added to read:
1101.2 Application of Codes. Where the Residential Code is referenced in this
code, the provisions of the Residential Code shall apply to related systems in detached
one- and two-family dwellings and townhouses not more than three stories in height.
Other related systems shall comply with the applicable Code or referenced standard.
FINDING: These modifications are necessary to adopt the most current State standard
and to clarify specific areas of the code
7.45.170 Chapter 11, Referenced Standard-ANSI/APSP/ICC-13-2017 - Added.
Referenced standard ANSI/APSP/ICC-13-2017 is added to Chapter 11
Standard
Acronym
Standard Name
Sections
Herein
Referenced
ANSI/APSP/ICC-
13-2017
American National Standard for Water Conservation
Efficiency in Residential and Public Pools, space,
Portable Spas and Swim Spas
318.4
FINDING: These modifications are necessary to adopt the most current State standard
and to clarify specific areas of the code
Page 53 of 56
1752
10. Dublin Building Maintenance Code
7.48.070 Sections 302.2, 302.3, 302.4 and 302.8, Chapter 3, Exterior Property Areas —
Deleted.
Sections 302.2, 302.3, 302.4 and 302.8. are deleted
FINDING: The amendment is necessary to correct a conflict with the City of Dublin's
Zoning Code.
7.48.080 Section 303.2, Chapter 3, Enclosures — Amended.
Section 303.2 is amended to read:
303.2 Enclosures. Private swimming pools, hot tubs, and spas enclosures shall meet
the requirements of Section 3109.2 California Building Code, California Swimming Pool
Safety Act and 7.45.120.
FINDING: The amendment is needed to correct a conflict with State Law.
7.48.090 Section 304.14, Chapter 3, Insect Screens — Amended.
304.14 Insect screens. Every door, window and other outside opening required for
ventilation of habitable rooms, food preparation areas, food service areas or any areas
where products to be included or utilized in food for human consumption are processed,
manufactured, packaged or stored shall be supplied with approved tightly fitting screens of
minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect
control shall have a self -closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air
curtains or insect repellent fans, are employed.
FINDING: The amendment is needed due to local climatic and topographical conditions.
This modification was necessary because the City of Dublin has a dry period
of at least five months each year. Additionally, the area is subject to
occasional drought. Because of the dryness and drought rodents may enter
homes in search of water and shade.
7.48.100 Section 304.16, Chapter 3, Under -Floor areas — Amended.
Section 304.16 is amended to read:
304.16 Under -Floor areas. Under -floor access doors and ventilation openings shall be
maintained to prevent the entrance of rodents, rain and surface drainage water. Doors shall
be tight fitting and ventilation openings shall be properly screened with corrosion -resistant
wire mesh having openings not exceeding 1/4 inch in any dimension or alternate approved
materials pursuant to current CBC 1203.4.1.
FINDING: The amendment is needed due to local climatic and topographical conditions.
Page 54 of 56
1753
This modification was necessary because the City of Dublin has a dry period
of at least five months each year. Additionally, the area is subject to
occasional drought. Because of the dryness and drought rodents may enter
homes in search of water and shade.
7.48.110 Sections 308.2.1.1, Chapter 3, Garbage Receptacles — Added.
Section 308.2.1.1 is added to read:
308.2.1.1 Garbage Receptacles. An adequate number of appropriate receptacles with
close fitting covers for garbage and rubbish as may be considered necessary by the
enforcing agency shall be provided for the occupant of every dwelling unit by the owner
or operator of every apartment house, hotel, or combination thereof. Each receptacle
shall be kept in a clean condition and good repair.
FINDING: The amendment is needed due to local climatic and topographical conditions.
This modification was necessary because the City of Dublin has a dry period
of at least five months each year. Additionally, the area is subject to
occasional drought. Because of the dryness and drought rodents may enter
homes in search of water and shade.
7.48.120 Sections 309.1 and 309.2, Chapter 3, Pest Elimination — Amended.
Sections 309.1 and 309.2 are amended to read:
309.1 Infestation. All structures shall be kept free from insect, rodent and vermin
infestation. When an insect, rodent or vermin infestation is brought to the attention of the
code official, he or she may require the owner or agent having charge or control of the
building, lot or premises to hire a licensed exterminator or other qualified professional to
inspect the building, lot or premises and provide a written report verifying the presence and
severity of such infestation including in the report a recommendation for proper
extermination of the infestation. All structures in which insect, rodent or vermin infestations
are found shall be promptly exterminated by approved processes that will not be injurious
to human health. After the extermination of the infestation is complete, the code official
may request a written notice from the licensed exterminator or other qualified professional
attesting to the completion and success of the recommended extermination procedures.
After the infestation is eliminated, proper precautions shall be taken to prevent
reinfestation.
309.2 Owner. The owner of any structure shall be responsible for extermination within
the structure prior to renting or leasing the structure. The owner of a structure or premises
containing a dwelling unit, multiple occupancy, rooming house or a nonresidential structure
shall be responsible for maintaining the structure and premises in a rodent or pest -free
condition. If an infestation is caused by an occupant substantially failing to properly
maintain their occupied area of the structure or premises as clean and sanitary as the
condition of the structure or premises permits, the occupant and owner shall be responsible
for pest elimination. For as long as the occupant's failure either substantially causes an
unlivable condition to occur, or substantially interferes with the owners' ability to remedy
Page 55 of 56
1754
the condition, the owner does not have to remedy the condition. Where the infestation is
caused by defects in the structure, the owner shall be responsible for extermination.
FINDING: The amendment is needed due to local climatic and topographical conditions.
5204195.1
This modification was necessary because the City of Dublin has a dry period
of at least five months each year. Additionally, the area is subject to
occasional drought. Because of the dryness and drought rodents may enter
homes in search of water and shade.
Page 56 of 56
1755
Attachment 3
ORDINANCE NO. xx — 22
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REPEALING AND REPLACING CHAPTERS 5.08 (FIRE CODE), 7.28 (BUILDING
REGULATION ADMINISTRATION CODE), 7.32 (BUILDING CODE), 7.34 (RESIDENTIAL
CODE), 7.36 (ELECTRICAL CODE), 7.40 (PLUMBING CODE), 7.44 (MECHANICAL CODE),
7.48 (BUILDING MAINTENANCE CODE) AND 7.94 (GREEN BUILDING CODE) OF THE
DUBLIN MUNICIPAL CODE, AND REPEALING CHAPTER 7.24 (FLOOD CONTROLO AND
ADOPTING CHAPTER 7.24 (FLOODPLAIN MANAGEMENT REGULATIONS AND ADDING
CHAPTER 7.46 (EXISTING BUILDING CODE) OF THE DUBLIN MUNICIPAL CODE; IN
ORDER TO ADOPT BY REFERENCE AND AMEND PROVISIONS OF THE 2022 EDITION OF
THE CALIFORNIA BUILDING STANDARDS CODE, TITLE 24, CALIFORNIA CODE OF
REGULATIONS, AND ADDING CHAPTER 7.45 (SWIMMING POOL AND SPA CODE) OF
THE DUBLIN MUNICIPAL CODE IN ORDER TO ADOPT BY REFERENCE, THE 2021
EDITION OF THE INTERNATIONAL SWIMMING POOL AND SPA CODE, WITH LOCAL
AMENDMENTS
WHEREAS, Health and Safety Code Section 18938 makes provisions published in the
California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable
to all occupancies throughout the State and effective one hundred and eighty days after
publication by the California Building Standards Commission (the "Commission"), or at a later date
established by the Commission; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and
18941.5 establish the authority for a city to adopt and make local amendments and modifications
to the building standards in the California Building Standards Code to establish more restrictive
building standards than those contained in the California Building Standards Code; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and
18941.5 permit a city to make such local amendments and modifications as the city determines
are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and
18941.5 require a city, before making any amendments and modifications to the California
Building Standards Code, make an express finding that such amendments and modifications are
reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health
and Safety Code Section 17958.5 may not become effective until the required findings, and the
changes, have been filed with the California Building Standards Commission; and
WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances
that adopt codes or statutes, including codes of the State of California, by reference; and
WHEREAS, notice of this Ordinance was published in accordance with Government Code
Sections 50022.3 and 6066; and that such notice was sufficient to give notice to interested
persons of the purpose of the ordinance and the subject matter thereof; and
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 4
1756
The Dublin City Council does hereby ordain as follows:
Section 1. Chapters 5.08 (Fire Code), 7.24 (Flood Control) 7.28 (Building Regulations
Administration), 7.32 (Building Code), Chapter 7.34 (Residential Code), 7.36 (Electrical Code),
7.40 (Plumbing Code), 7.44 (Mechanical Code), 7.48 (Building Maintenance Code), and 7.94
(Green Building Code) of the Dublin Municipal Code are hereby repealed.
Section 2. Chapter 5.08 (Fire Code), which adopts by reference and amends the 2022
California Fire Code, is added to the Dublin Municipal Code as set forth in Exhibit A to this
Ordinance.
Section 3. Chapter 7.24 (Floodplain Management Regulations), is added to the Dublin
Municipal Code as set forth in Exhibit B to this Ordinance.
Section 4. Chapter 7.28 (Building Regulation Administration), is added to the Dublin
Municipal Code is as set forth in Exhibit C to this Ordinance.
Section 5. Chapter 7.32 (Building Code), which adopts by reference and amends the 2022
California Building Code is added to the Dublin Municipal Code as set forth in Exhibit D to this
Ordinance.
Section 6. Chapter 7.34 (Residential Code), which adopts by reference and amends the
2022 California Residential Code, is added to the Dublin Municipal Code as set forth in Exhibit E
to this Ordinance.
Section7. Chapter 7.36 (Electrical Code), which adopts by reference and amends the
2022 California Electrical Code, is added to the Dublin Municipal Code as set forth in Exhibit F
to this Ordinance.
Section 8. Chapter 7.40 (Plumbing Code), which adopts by reference and amends the
2022 California Plumbing Code, is added to the Dublin Municipal Code as set forth in Exhibit G
to this Ordinance.
Section 9. Chapter 7.44 (Mechanical Code), which adopts by reference and amends the
2022 California Mechanical Code, is added to the Dublin Municipal Code as set forth in Exhibit
H to this Ordinance.
Section 10. Chapter 7.45 (Swimming Pool and Spa Code), which adopts by reference
and amends the 2021 International Swimming Pool and Spa Code, is added to the Dublin
Municipal Code as set forth in Exhibit I to this Ordinance.
Section 11. Chapter 7.46 (Existing Building Code), which adopts by reference and
amends the 2022 California Existing Building Code, is added to the Dublin Municipal Code as set
forth in Exhibit J to this Ordinance.
Section 12. Chapter 7.48 (Building Maintenance Code), which adopts by reference and
amends the 2021 International Property Maintenance Code, is added to the Dublin Municipal
Code as set forth in Exhibit K to this Ordinance.
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 4
1757
Section 13. Chapter 7.94, (Green Building Code), of the Dublin Municipal Code, which
adopts by reference and amends the 2022 California Green Building Standards Code, to the
Dublin Municipal Code as set forth in Exhibit L to this Ordinance.
Section 14. Effect of Code on Past Actions and Obligations. The adoption of the Dublin
Building, 2022, does not affect any civil lawsuit instituted or filed or prosecutions for ordinance
violations committed on or prior to the effective date of said Code, does not waive any fee or
penalty due and unpaid prior to the effective date of said Code, and does not affect the validity of
any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance.
Section 15. References to Prior Code. Unless superseded and expressly repealed,
references in City forms, documents and regulations to the chapters and sections of the former
Dublin Building Code, 2019, shall be construed to apply to the corresponding provisions contained
within the Dublin Building Code, 2022.
Section 16. No penalty clauses are adopted by reference pursuant to this Ordinance. At
least one true copy of codes adopted by reference pursuant to this Ordinance have been on file
with the City Clerk since fifteen days prior to enactment of this Ordinance. While Chapters 5.08,
7.32, 7.34, 7.36, 7.40, 7.44, 7.45, 7.46, 7.48, and 7.94 of the Dublin Municipal Code remain in
force, a reasonable supply of the incorporated codes shall be available in the office of the City
Clerk for public purchase.
Section 17. Severability. The provisions of this Ordinance are severable and if any
provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or
inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or
inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences,
sections, words or parts thereof of the ordinance or their applicability to other persons or
circumstances.
Section 18. This Ordinance shall take effect on January 1, 2023. The City Clerk of the
City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City
of Dublin in accordance with Government Code Section 36933.
Section 19. The City Council hereby finds that the adoption of this Ordinance is exempt
from the California Environmental Quality Act ("CEQA") pursuant to California Code of
Regulations Title 14, sections 15002 and 15378 as this Ordinance is not a "project" within the
meaning of the State CEQA Guidelines. Specifically, this Ordinance will not result in a direct or
reasonably foreseeable indirect physical change in the environment because it does not authorize
the construction of any new large structures or other physical changes resulting in impacts to the
environment.
{Signatures on the following page}
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 4
1758
PASSED AND ADOPTED BY the City Council of the City of Dublin on this 15th day of
November 2022, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 4 of 4
1759
Attachment 4
Exhibit A to the Ordinance
Chapter 5.08
FIRE CODE
Sections:
5.08.010 Title.
5.08.020 Purpose.
5.08.030 Adoption of Fire Code.
5.08.040 Authority.
5.08.050 Section 102.13 Applicability -Added.
5.08.060 Section 103.2 Appointment — Amended.
5.08.070 General Authority and Responsibilities.
5.08.080 Section 104.10, Requests for Alternative Means of Protection -
Amended.
5.08.090 Section 111.1 Board of Appeals -Amended.
5.08.100 Section 113.1.1 Stop Work Order -Amended.
5.08.110 Chapter 2 Definitions -Amended.
5.08.120 Section 503.2.9 Specifications -Added.
5.08.130 Sections 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2 Exception,
903.2.3#5, 903.2.4#2, 903.2.4#3, 903.2.7#2, 903.2.7#3, 902.2.7#4,
903.2.7.2, 903.2.9#3, 903.2.9#4, 903.2.9.1, 903.2.10, and
903.2.10.1 — Deleted; 903.2.1.1#1, 903.2.1.2#1, 903.2.1.3#1.
903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.4#1, 903.2.7#1, 903.2.9,
903.2.9#1, 903.2.9#2, and 903.2.11.3 Amended; and 903.2.13 and
903.2.30 -Added.
5.08.140 Section 903.6-Amended; Sections 903.6.2 and 903.6.3-Added.
5.08.150 Section 907.1-Amended; Sections 907.11, 907.11.1, 907.11.2 and
907.11.3-Added.
5.08.160 Section 5003.2.4.2 Hazardous Materials General Provisions -
Amended.
5.08.170 Section 5601.1.3 Fireworks -Amended.
5.08.180 Section 5704.2.9.6.1 Locations where above -ground tanks are
prohibited -Amended.
5.08.190 Section 5706.2.4.4 Locations where above -ground tanks are
prohibited -Amended.
5.08.200 Section 5806.2 Limitations -Amended.
5.08.210 Section 6104.2 Maximum capacity within established limits -
Amended.
5.08.220 New Materials, Processes or Occupancies which may require
permits.
5.08.230 Section 112.4.1 Violation penalties -Amended
1760
5.08.010 Title.
The Fire Codes adopted by Section 5.08.030 and the provisions of this Chapter
shall constitute the Dublin Fire Code and may be referred to as such.
5.08.020 Purpose
The promotion and preservation of the public health, safety, and general welfare
of the people of the City and the property situated therein have made necessary
the adoption of the International Fire Code referred to in Section 5.08.030 in
order to adequately safeguard life, health, property, and general welfare. The
purpose of this Code is not to create or otherwise establish or designate any
particular class or groups of persons who will or should be especially protected or
benefited by the terms of this Code.
5.08.030 Adoption of Fire Codes.
The 2022 California Fire Code, Part 9, Title 24 of the California Code of
Regulations, a portion of the California Building Standards Code, as defined in
California Health and Safety Code Section 18901 (hereinafter referred to as the
"state code"), including Section 103.2, 104.9, 105.2.3, 105.3.1, 105.3.2, 113, 307,
308.2, 308.3, 503, Appendices D, and any rules and regulations promulgated
pursuant to the state code, and the International Fire Code, 2021 Edition, as
published by the International Code Council (hereinafter referred to as the "IFC"),
are hereby adopted and incorporated by reference herein for the purpose of
prescribing regulations governing conditions hazardous to life and property from
fire, hazardous materials or explosion. Notwithstanding the foregoing, the
provisions of the state code and the IFC are amended as set forth in Sections
5.08.050 through 5.08.230, inclusive. Copies of the state code, IFC have been
and are now filed in the Office of the City Clerk, 100 Civic Plaza, Dublin, California,
for use and examination by the public. From the date on which the Ordinance that
codified this chapter shall take effect, the provisions of the state code and IFC shall
be controlling within the limits of the City of Dublin.
5.08.040 Authority.
The Fire Department referred to herein and in codes adopted pursuant to Section
5.08.030 shall be the entity which provides fire suppression and prevention
services to the City by contract, and the Fire Chief or Fire Code Official referred to
herein and in codes adopted pursuant to Section 5.08.030 shall be the Fire Chief
of the Fire Department, or his or her designee, acting under the direction of the
City Manager.
5.08.050 Section 102.13 Applicability -Added.
Section 102.13 is added to read as follows:
102.13 Applicability. Where not otherwise limited by law, the provisions
of this Code shall apply to vehicles, cargo containers, ships, boats, and
mobile vehicles when fixed in a specific location within the boundaries of
this jurisdiction.
Page 2 of 12
1761
5.08.060 Section 103.2 Appointment — Amended.
Section 103.2 is amended to read as follows:
103.2 Appointment. The fire code official shall be appointed by the fire
chief for the City of Dublin.
5.08.070 General Authority and Responsibilities.
Sections 104.2.1, 104.2.2, 104.2.3, and 104.2.4 are added to read as follows:
104.2.1 Fee for Plan Review, Inspection and Permits. The City Council
may, by resolution, establish a schedule of nondiscriminatory fees to be
charged and collected for plans submitted under Section 104.2, solely to
defray the City's reasonable costs for plan review of fire protection
equipment and systems, requested or required inspection services and
issuance of permits. .
104.2.2 Permit Processing Fee. Each application for a permit shall be
accompanied by a fee equal to forty percent (40%) of the total permit fee
rounded off to the nearest dollar. The permit processing fee shall be
credited toward the total permit fee required. After permit processing has
commenced, no portion of the permit processing fee shall be refundable.
104.2.3 Refunds.
A. Sixty percent (60%) of any permit fee may be refunded to the
applicant prior to the expiration of the permit provided that the work
authorized under the permit has not commenced. Thirty percent
(30%) of the permit fee may be refunded to the applicant after a
permit has expired provided that the work has not commenced, but
in no case shall any refund be allowed after one (1) year from the
date of expiration of the permit. Requests for refund shall be in
writing. Any expenses incurred by the City other than the permit
processing fee may be deducted from the refund.
B. If there was an error in calculating the amount of the permit
fee and such error resulted in overpayment of the permit fee, the
amount of overpayment may be refunded.
104.2.4 Fees -Partially completed work.
A. Where permits expire and the work has not been completed
and a new permit is subsequently issued for the completion of the
work, the fee for the new permit shall be a percentage of the amount
of the fee in effect at the time of issuance of the new permit.
Page 3 of 12
1762
Completed Inspections Percent of Permit Fee
1. If no inspections have 30
been made.
2. If rough inspection 15
has been made.
B. The fee determined by the foregoing shall be rounded to the
nearest dollar.
5.08.080 Section 104.10, Requests for Alternative Means of Protection -
Amended.
Section 104.10. is amended to read as follows:
104.10 Requests for Alternative Means of Protection. Requests for
approval to use an alternative material, assembly or materials, equipment,
method of construction, method of installation of equipment, or means of
protection shall be made in writing to the Fire Code Official by the owner or
owner's authorized representative and shall be accompanied by a full
statement of the conditions. Sufficient evidence of proof shall be submitted
to substantiate any claim that may be made regarding its conformance. The
Fire Code Official may require tests and the submission of a test report from
an approved testing organization to substantiate the equivalency of the
proposed alternative means of protection.
Approval of a request for the use of an alternative material, assembly or
materials, equipment, method of construction, method of installation of
equipment, or means of protection shall be limited to the particular case
covered by the request and shall not be construed as establishing any
precedent for any future request.
5.08.090 Section 111.1 Board of Appeals -Amended.
Section 111.1 is amended to read as follows:
109.1 Board of Appeals -Established.
A. Any person aggrieved with the decision of the Fire Chief in
connection with the application or interpretation of this Code or an approval
of alternative materials or methods of construction may appeal to the City
Council. Such appeal shall be in writing and filed with the City Clerk within
ten (10) days.
B. The City Council may, after hearing, interpret any provision of this
Code.
C. The City Council may after hearing, vary the application of this Code
in any specific cases when, in its opinion, the enforcement thereof would be
contrary to the spirit and purpose of this Code or public interest. The City
Page 4 of 12
1763
Council in granting a variance may impose requirements or conditions to
mitigate any adverse effects that may result from granting the grievance.
D. In making such interpretation or granting any variance, the City
Council shall make the following findings:
1. That the interpretation or variance is consistent with the purpose of
this Code;
2. That the interpretation or variance will not lessen the protection to
the people of the City and the property situated therein.
E. The City Council may approve alternate materials or methods of
construction by overruling the decisions of the Fire Chief. In approval of
any alternate materials or methods of construction, the City Council shall
make findings that the material, method or work proposed is for the purpose
intended, at least equivalent of that prescribed by this Code in quality,
strength effectiveness, fire resistance, durability, dimensional stability and
safety.
F. The City Council may appoint a Board of Appeals to hear a specific
appeal. The Board of Appeals shall consist of five (5) members qualified by
training and experience to pass on matters pertaining to the subject matter
of the appeal. The Board of Appeals shall have the same authority and
duties as the City Council in interpreting this Code, granting variances, or
approving alternate materials or methods of construction. The Fire Chief
shall be an ex officio member of the Board of Appeals and shall act as
secretary to the Board. The Board of Appeals shall adopt reasonable rules
and regulations for conducting its hearings and investigations.
G. The decision of the City Council or Board of Appeals shall be final.
5.08.100 Section 113 Stop Work Order -Amended.
Section 113.1.1 is added to read as follows:
113.1.1 Stop Work Order. Whenever any installation of fire protection
devices covered by this Code is concealed without first having been
inspected, the Fire Chief may require, by written notice, that such work shall
be exposed for inspection. Whenever any construction or installation work
is being performed in violation of the plans and specifications as approved,
a written notice shall be issued to the responsible party to stop work on that
portion of the work which is in violation. The notice shall state the nature of
the violation, and no work shall be done on that portion of the project until
the violation has been corrected.
Page 5 of 12
1764
Where work for which a permit is required by this Chapter is started or
proceeds prior to obtaining such permit, a penalty fee, in addition to the
permit fee, shall be assessed as follows:
Violation within two-year period
Penalty Fee
First
Equal to the permit fee
Second
Double the permit fee
Third and subsequent
Ten times the permit fee
The payment of such penalty fee shall not relieve any person from fully
complying with all of the provisions of this Chapter.
5.08.110 Chapter 2 Definitions -Amended.
Chapter 2 is amended by adding the following definitions to Section 202:
Section 202 General Definitions.
City Council shall mean the governing body of the City of Dublin.
City Manager shall mean the City Manager of the City of Dublin or his or her
designee.
Fire Trail means a graded firebreak of sufficient width, surface, and design
to provide access for personnel and equipment to suppress and to assist in
preventing a surface extension of fires.
Fuel break means a wide strip or block of land on which the vegetation has
been permanently modified to a low volume fuel type so that fires burning
into it can be more readily controlled.
5.08.120 Section 503.2.9 Specifications -Added.
Section 503.2.9 is added to read as follows:
503.2.9 Fire and Emergency Access Roads approved for construction
sites shall be designed to meet the requirements of Section 503.2. The
access shall be approved by the Fire Department prior to commencement
of combustible storage or vertical combustible construction on the site.
5.08.130 Sections 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2 Exception,
903.2.3#5, 903.2.4#2, 903.2.4#3, 903.2.7#2, 903.2.7#3, 902.2.7#4,
903.2.7.2, 903.2.9#3, 903.2.9#4, 903.2.9.1, 903.2.10, and
903.2.10.1 — Deleted; 903.2.1.1#1, 903.2.1.2#1, 903.2.1.3#1.
903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.4#1, 903.2.7#1, 903.2.9,
903.2.9#1, 903.2.9#2, and 903.2.11.3 Amended; and 903.2.13 and
903.2.30 -Added.
Page 6 of 12
1765
Sections 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2 Exception, 903.2.3#5, 903.2.4#2,
903.2.4#3, 903.2.7#2, 903.2.7#3, 902.2.7#4, 903.2.7.2, 903.2.9#3, 903.2.9#4,
903.2.9.1, 903.2.10, and 903.2.10.1 are deleted; Sections 903.2.1.1#1,
903.2.1.2#1, 903.2.1.3#1. 903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.4#1, 903.2.7#1,
903.2.9, 903.2.9#1, 903.2.9#2, and 903.2.11., are amended to read as follows;
and Sections 903.2.13 and 903.2.30 are added to read as follows:
903.2.1.1 Group A-1 Occupancies.
1. The fire area exceeds 3,000 square feet (279 m2).
903.2.1.2 Group A-2 Occupancies.
1. The fire area exceeds 3,000 square feet (279 m2).
903.2.30.3 Group A-3 Occupancies.
1. The fire area exceeds 3,000 square feet (279 m2).
903.2.30.3 Group A-4 Occupancies.
1. The fire area exceeds 3,000 square feet (279 m2).
903.2.30
Group E Occupancies.
1. Throughout all Group E fire areas greater than 3,000 square
feet (279 m2).
903.2.4 Group F Occupancies.
An automatic sprinkler system shall be provided throughout all
buildings containing a Group F occupancy where one of the
following conditions exists:
903. A Group F fire area exceeds 2,500 square feet (232
m2).
903.2.7 Group M Occupancies.
1. A Group M fire area exceeds 2,500 square feet (232 m2).
903.2.9 Group S Occupancies.
An automatic sprinkler system shall be installed in all Group S
occupancies as follows:
1. The fire area exceeds 2,500 square feet (232 m2);
2. Buildings with repair garages servicing vehicles parked in
basements.
903.2.11.3 Buildings Three Or More Stories in Height.
An automatic sprinkler system shall be installed in all occupancies,
regardless of type of construction, if the building is three or more stories or
more than 35 feet in height measured from the pad grade level to the highest
point of the building. An automatic sprinkler system shall be installed in all
Page 7 of 12
1766
other occupancies as may be required by the 2022 California Building and
Residential Code.
903.2.13 Group B Occupancies.
An automatic fire -extinguishing system shall be installed in Group B
occupancies where the floor area exceeds 3,000 square feet (279
m2).
903.2.30 All Occupancies.
An automatic fire -extinguishing system shall be installed in all
occupancies located more than one and one half (1%) miles from a fire
station providing fire protection to that location. Said distance shall be
measured in a straight line.
Buildings containing portions which are required to have an automatic
fire extinguishing system because of the number of stories shall have the
automatic fire extinguishing system installed throughout and fire walls as
set forth in Section 706 shall not be considered as creating separate
buildings for the purpose of this section.
Whenever an addition is made to an existing building, automatic fire -
extinguishing systems shall be installed if the existing building plus the
addition exceeds the area or height limitations set forth in this section.
Whenever the use of an existing 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.
(Sections 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2 Exception, 903.2.3#5,
903.2.4#2, 903.2.4#3, 903.2.7#2, 903.2.7#3, 902.2.7#4, 903.2.7.2,
903.2.9#3, 903.2.9#4, 903.2.9.1, 903.2.10, and 903.2.10.1 are deleted)
5.08.140 Section 903.6-Amended; Sections 903.6.2 and 903.6.3-Added.
Section 903.6 is amended, and Section 903.6.2 and 903.6.3 are added to read
as follows:
903.6 Existing Buildings. All changes of occupancy classification in
existing buildings shall comply with the requirements contained in Section
903.2 of this Code and Table 506.2 of the California Building Code.
903.6.2 When an addition to an existing building causes the total square
footage of the building to exceed the maximum floor area specified in Table
506.2 of the California Building Code, fire sprinklers shall be installed
throughout the entire building. Addition or alteration that removes 50% or
more of the existing exterior walls of a building shall be considered a new
building for the purposes of Section 903.
Page 8 of 12
1767
903.6.3 Existing buildings which do not conform to Current Building Code
or Fire Code requirements may be required to install an automatic fire
extinguishing system when an interior alteration or remodeling occurs,
regardless of whether the floor area is increased or use changed. It shall
be the responsibility of the Fire Code Official and the Building Official to
evaluate the work being performed, non -complying features, and determine
if an automatic fire extinguishing system will be required.
5.08.150 Section 907.1-Amended; Sections 907.11, 907.11.1, 907.11.2 and
907.11.3-Added.
Section 907.1 is amended and Sections 907.11, 907.11.1, 907.11.2 and 907.11.3
are added to read as follows:
907.1 General. This section covers the application, installation, performance
and maintenance of fire alarm systems and their components in new and
existing buildings and structures. The requirements of Section 907.2 are
applicable to new buildings and structures. The requirements of Section
907.9 are applicable to existing buildings and structures. In the event of a
conflict between this section and the provisions of Chapter 5.20 of the Dublin
Municipal Code, the provisions of this section shall control.
907.11 False Alarms.
907.11.1 Excessive False Alarms. Malfunctions, or mechanical trip of any
sprinkler alarm or other fire protection or detection system resulting in an
alarm and emergency dispatch of the Fire Department shall be subject to a
false alarm charge as established by this Code.
Exception: During a thirty (30) day period following the installation of any new
fire alarm system, the Fire Chief shall determine if the false alarms emanating
from said new installation are excessive.
907.11.2 Charges. After the initial thirty (30) day period following the
installation of a new system, two (2) false alarms within a consecutive ninety
(90) day period shall be deemed excessive and will be charged as false
alarms.
907.11.3 False Alarm charges are as follows:
1st false alarm -
2nd false alarm in any 90 day period-
3rd and subsequent false alarms in
any 90 day period -
Page 9 of 12
Warning Letter
$100.00
$200.00
1768
5.08.160 Section 5003.2.4.2 Hazardous Materials General Provisions -
Amended.
Section 5003.2.4.2 is amended to read as follows:
5003.2.4.2 Above -ground tanks. Above -ground stationary tanks used for
the storage of hazardous materials shall be located and protected in
accordance with the requirements for outdoor storage of the particular
material involved. Notwithstanding the foregoing, above -ground stationary
tanks used for the storage of flammable or combustible liquids is prohibited
in any area zoned for other than commercial, industrial, or agricultural use.
Exception: Above -ground tanks that are installed in vaults
complying with Section 5303.16 or 5704.2.8 shall not be required to
comply with location and protection requirements for outdoor
storage.
5703.2.4.2.1 Marking. Above -ground stationary tanks shall be
marked as required by Section 5003.5.
5.08.170 Section 5601.1.3 Fireworks -Amended.
Section 5601.1.3 is amended to add a fifth exception as follows:
5. The sale, use and discharge of fireworks are allowed in accordance with
Chapter 5.24 of the Dublin Municipal Code.
5.08.180 Section 5704.2.9.6.1 Locations where above -ground tanks are
prohibited -Amended.
Section 5704.2.9.6.1 is amended to read as follows:
5704.2.9.6.1 Locations where above -ground tanks are prohibited.
Storage of Class I and II liquids in above -ground tanks outside of buildings
is prohibited in any area zoned for other than commercial, industrial, or
agricultural use.
5.08.190 Section 5706.2.4.4 Locations where above -ground tanks are
prohibited — Amended.
Section 5706.2.4.4 is amended to read as follows:
5706.2.4.4 Locations where above -ground tanks are prohibited.
Storage of Class I and II liquids in above -ground tanks outside of buildings
is prohibited in any area zoned for other than commercial, industrial, or
agricultural use.
5.08.200 Section 5806.2 Limitations -Amended.
Section 5806.2 is amended to read as follows:
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5806.2 Limitations. Storage of flammable cryogenic fluids in stationary
containers outside of buildings is prohibited within the limits established by
law and in any area zoned for other than commercial, industrial, or
agricultural use.
5.08.210 Section 6104.2 Maximum capacity within established limits -
Amended.
Section 6140.2 is amended to read as follows:
6104.2 Maximum Capacity Within Established Limits. The limits
referred to in Section 6104.2 of the 2022 California Fire Code in which
storage of compressed natural gas is prohibited, are hereby established as
follows: Any area zoned for other than commercial, industrial, or agricultural
use.
5.08.220 New Materials, Processes or Occupancies which may Require
Permits.
The City Manager, the Fire Chief and the Fire Code Official shall act as a
committee to determine and specify, after giving affected persons an opportunity
to be heard, any new materials, processes or occupancies for which permits are
required in addition to those enumerated in the 2022 California Fire Code. The
Fire Code Official shall post such list in a conspicuous place at the Dublin Civic
Center and distribute copies thereof to interested persons.
5.08.230 Section 112.4 Violation penalties -Amended
Section 112.4 Violation Penalties is amended to read as follows:
112.4 Violation penalties.
A. Any person who violates any provisions of the 2022 California Fire
Code as adopted and amended herein or fails to comply therewith, or who
violates or fails to comply with any order made thereunder, or who builds
in violation of any detailed statement of specification or plans submitted and
approved thereunder, or any certificate or permit issued thereunder, and
from which no appeal has been taken, or fails to comply with such an order
as affirmed or modified by the City Council or by a court of competent
jurisdiction, within the required time, shall severally for each such violation
and noncompliance, respectively, be guilty of an infraction.
B. Any person convicted of an infraction under the provisions of this
Ordinance shall be punished upon a first conviction by a fine of not more
than one hundred dollars ($100), and for a second conviction within a period
of one (1) year by a fine of not more than two hundred dollars ($200), and
for a third or any subsequent conviction within a one (1) year period by a
fine of not more than five hundred dollars ($500). Any violation beyond the
third conviction within a one (1) year period may be charged by the District
Page 11 of 12
1770
Attorney as a misdemeanor and the penalty for conviction of the same shall
be a fine or imprisonment, or both, not to exceed the limits set forth in the
California Penal Code Section 19.
C. At the discretion of the Fire Chief, any such violation constituting an
infraction under this Ordinance may, instead, be charged and prosecuted
as a misdemeanor, punishable by a fine or imprisonment, or both, not to
exceed the limits set forth in California Penal Code Section 19.
D. In addition to the penalties provided in this section, any condition
caused or permitted to exist in violation of any of the provisions on this
Ordinance shall be deemed a public nuisance and may be summarily
abated by the City as such.
E. Each person shall be guilty of a separate offense for each and every
day during any portion of which any violation of any provisions of this
Ordinance is committed, continued or permitted by such person and shall
be punishable accordingly.
F. The Fire Chief shall have the power to designate by written order
that particular officers or employees shall be authorized to enforce particular
provisions of this Ordinance. Officers or employees so designated shall
have the authority to cite or arrest persons who violate any of said
provisions.
5195828.1
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1771
Attachment 5
Exhibit B to the Ordinance
Chapter 7.24
FLOODPLAIN MANAGEMENT REGULATIONS
Sections:
Part I Scope and Administration
Article I. Scope and Administration
7.24.010 Title.
7.24.020 Statutory authority.
7.24.030 Scope.
7.24.040 Purposes and objectives.
7.24.050 Coordination with Building Codes.
7.24.060 Adoption of CCR Title 24 Part 2 Appendix G.
7.24.070 Warning.
7.24.080 Disclaimer of liability.
7.24.090 Other laws.
7.24.100 Abrogation and greater restrictions.
Article II. Applicability
7.24.110 General applicability.
7.24.120 Establishment of Flood Hazard Areas.
7.24.130 Interpretation.
Article III. Duties and Powers of the Floodplain Administrator
7.24.140 Designation.
7.24.150 General authority.
7.24.160 Coordination.
7.24.170 Duties.
7.24.180 Other permits required.
7.24.190 Substantial improvement and substantial damage determinations.
7.24.200 Department records.
Article IV. Site Plans and Documentation
7.24.210 Additional site plan information.
7.24.220 Additional engineering data.
7.24.230 Additional submittal requirements.
7.24.240 Information in flood hazard areas without base flood elevations
(approximate Zone A).
Article V. Variances
7.24.250 Variances, in addition.
7.24.260 Agricultural structures.
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Article VI. Violations
7.24.270 Violations, general.
7.24.280 Buildings and structures.
7.24.290 Authority.
7.24.300 Unlawful continuance.
Part II Definitions
Article VII. Definitions
7.24.310 General.
7.24.320 Definitions.
Part III Flood Resistant Development
Article VIII. Subdivisions
7.24.330 Subdivisions, in addition.
Article IX. Site Improvement
7.24.340 Site improvement, in addition.
7.24.350 Limitations on placement of fill.
Article X. Manufactured Homes
7.24.360 Installation, in addition.
7.24.370 Elevation requirement for certain existing manufactured home parks and
subdivisions.
Article XI. Accessory Structures
7.24.380 Detached garages and accessory storage structures.
Article XII. Flood Control Projects
7.24.390 Flood control projects; general.
7.24.400FIood control projects; applications.
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Part I Scope and Administration
Article I. Scope and Administration
7.24.010 Title.
These regulations, in combination with the flood provisions of California Code of
Regulations Title 24, the California Building Standards Code (hereinafter "building codes,"
consisting of the Part 2 (7.32 Building) and Part 2 Appendix G (hereinafter "Appendix G"),
Part 2.5 (7.34 Residential), and Part 10 (7.46 Existing Building), shall be known as the
Floodplain Management Regulations of City of Dublin (hereinafter "these regulations").
7.24.020 Statutory authority.
Legislature of the State of California has, in Government Code Sections 65302, 65560,
and 65800, conferred upon local governments the authority to adopt regulations designed
to promote the public health, safety, and general welfare of its citizenry.
7.24.030 Scope.
These regulations, in combination with the flood provisions of the building codes shall
apply to all proposed development in flood hazard areas established in Article II. of these
regulations.
7.24.040 Purposes and objectives.
The purposes and objectives of these regulations and the flood load and flood resistant
construction requirements of the building codes are to promote the public health, safety
and general welfare and to minimize public and private losses due to flood conditions in
specific flood hazard areas through the establishment of comprehensive regulations for
management of flood hazard areas, designed to:
(1) Prevent unnecessary disruption of commerce, access and public service during
times of flooding.
(2) Manage the alteration of natural floodplains, stream channels and shorelines;
(3) Manage filling, grading, dredging and other development which may increase
flood damage or erosion potential.
(4) Prevent or regulate the construction of flood barriers which will divert floodwater
or increase flood hazards.
(5) Contribute to improved construction techniques in the floodplain.
(6) Minimize damage to public and private facilities and utilities.
(7) Help maintain a stable tax base by providing for the sound use and development
of flood hazard areas.
(8) Minimize the need for rescue and relief efforts associated with flooding.
(9) Ensure that property owners, occupants, and potential owners are aware of
property located in flood hazard areas.
(10) Minimize the need for future expenditure of public funds for flood control projects
and response to and recovery from flood events.
(11) Meet the requirements of the National Flood Insurance Program for community
participation set forth in Title 44 Code of Federal Regulations, Section 59.22.
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7.24.050 Coordination with Building Codes.
Pursuant to the requirement established in State statute that the City of Dublin administer
and enforce the State building codes, the City Council of the City of Dublin does hereby
acknowledge that the building codes contain certain provisions that apply to the design
and construction of buildings and structures in flood hazard areas. Therefore, these
regulations are intended to be administered and enforced in conjunction with the building
codes.
7.24.060 Adoption of CCR Title 24 Part 2 Appendix G.
CCR Title 24 Part 2 Appendix G Flood -Resistant Construction is hereby adopted and
made a part of the California Building Standards Code and shall apply in flood hazard
areas.
7.24.070 Warning.
The degree of flood protection required by these regulations and the building codes is
considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur. Flood heights may be increased by
man-made or natural causes. Enforcement of these regulations and the building codes does
not imply that land outside the special flood hazard areas, or that uses permitted within such
flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and
base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance
Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59
and 60 may be revised by the Federal Emergency Management Agency, requiring this
community to revise these regulations to remain eligible for participation in the National
Flood Insurance Program. No guaranty of vested use, existing use, or future use is
implied or expressed by compliance with these regulations.
7.24.080 Disclaimer of liability.
These regulations shall not create liability on the part of the City of Dublin, any officer or
employee thereof, the State of California, or the Federal Emergency Management Agency,
for any flood damage that results from reliance on these regulations or any administrative
decision lawfully made hereunder. The Floodplain Administrator and any employee
charged with the enforcement of these regulations, while acting for the community in good
faith and without malice in the discharge of the duties required by these regulations or
other pertinent law or ordinance, shall not thereby be rendered liable personally and is
hereby relieved from personal liability for any damage accruing to persons or property as
a result of any act or by reason of an act or omission in the discharge of official duties.
Any suit instituted against an officer or employee because of an act performed by that
officer or employee in the lawful discharge of duties and under the provisions of these
regulations shall be defended by a legal representative of the community until the final
termination of the proceedings. The Floodplain Administrator and any subordinate shall
not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the
provisions of these regulations.
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7.24.090 Other laws.
The provisions of these regulations shall not be deemed to nullify any provisions of local,
State or federal law.
7.24.100 Abrogation and greater restrictions.
These regulations supersede any ordinance in effect in flood hazard areas. However,
these regulations are not intended to repeal or abrogate any existing ordinances including
land development regulations, subdivision regulations, zoning ordinances, stormwater
management regulations, or building codes. In the event of a conflict between these
regulations and any other ordinance, code, or regulation, the more restrictive shall govern.
Article II. Applicability
7.24.110 General applicability.
These regulations, in conjunction with the building codes, provide minimum
requirements for development located in flood hazard areas, including the subdivision of
land and other developments; site improvements and installation of utilities; placement
and replacement of manufactured homes; placement of recreational vehicles; new
construction and alterations, repair, reconstruction, rehabilitation or additions of existing
buildings and structures; substantial improvement of existing buildings and structures,
including repair of substantial damage; installation of tanks; temporary structures and
temporary or permanent storage; utility and miscellaneous Group U buildings and
structures; and certain building work exempt from permit under the building codes; and
other buildings and development activities.
7.24.120 Establishment of Flood Hazard Areas.
The Flood Insurance Study for Alameda County, California and Incorporated Areas
dated August 18, 1983, and all subsequent amendments and revisions, and the
accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and
revisions to such maps, are hereby adopted by reference as a part of these regulations
and serve as the basis for establishing flood hazard areas. Where the building code
establishes flood hazard areas, such areas are established by this section. Additional
maps and studies, when specifically adopted, supplement the FIS and FIRMs to establish
additional flood hazard areas. Maps and studies that establish flood hazard areas are on
file at the City Hall, 100 Civic Plaza, Dublin CA, 94568.
7.24.130 Interpretation.
In the interpretation and application of these regulations, all provisions shall be:
(1) Considered as minimum requirements.
(2) Liberally construed in favor of the governing body.
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
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Article III. Duties and Powers of the Floodplain Administrator
7.24.140 Designation.
The Building Official is designated the Floodplain Administrator. The Floodplain
Administrator shall have the authority to delegate performance of certain duties to other
employees. Where Appendix G refers to the Building Official, each such reference shall
refer to the Floodplain Administrator. The Floodplain Administrator is authorized and
directed to administer and enforce the provisions of Appendix G.
7.24.150 General authority.
The Floodplain Administrator is authorized and directed to administer the provisions of
these regulations. The Floodplain Administrator shall have the authority to render
interpretations of these regulations consistent with the intent and purpose of these
regulations and to establish policies and procedures in order to clarify the application of
its provisions. Such interpretations, policies and procedures shall be consistent with the
intent and purpose of these regulations and the flood provisions of the building code and
shall not have the effect of waiving specific requirements without the granting of a
variance pursuant to Appendix G.
7.24.160 Coordination.
The Floodplain Administrator shall coordinate with and provide comments to the Building
Official to administer and enforce the flood provisions of the building code and to ensure
compliance with the applicable provisions of these regulations. The Floodplain
Administrator and the Building Official have the authority to establish written procedures
for reviewing applications and conducting inspections for buildings and for administering
and documenting determinations of substantial improvement and substantial damage
made pursuant to Section 7.24.190 of these regulations.
7.24.170 Duties.
The duties of the Floodplain Administrator shall include but are not limited to:
(1) Review all permit applications to determine whether proposed development is
located in flood hazard areas established in Article II. of these regulations.
(2) Require development in flood hazard areas to be reasonably safe from flooding
and to be designed and constructed with methods, practices and materials that
minimize flood damage.
(3) Interpret flood hazard area boundaries, provide available flood elevation and
flood hazard information.
(4) Determine whether additional flood hazard data shall be obtained or developed.
(5) Review all applications and plans for development in flood hazard areas for
compliance with these regulations.
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(6) Complete the appropriate section of the Department of Housing and Community
Development Floodplain Ordinance Compliance Certification for Manufactured
Home/Mobilehome Installations when submitted by applicants.
(7) Review, in conjunction with the Building Official, required certifications and
documentation specified by these regulations and the building code to determine
that such certifications and documentations are complete.
(8) Establish, in coordination with the Building Official, written procedures for
administering and documenting determinations of substantial improvement and
substantial damage made pursuant to Section 7.24.190 of these regulations.
(9) Coordinate with the Building Official and others to identify and investigate
damaged buildings located in flood hazard areas and inform owners of the
requirement to obtain permits for repairs.
(10) Review requests submitted to the Building Official seeking approval to modify the
strict application of the flood load and flood resistant construction requirements
of the building code, to determine whether such requests require consideration
as a variance pursuant to Appendix G.
(11) Require applicants who submit hydrologic and hydraulic engineering analyses to
support permit applications to submit to FEMA the data and information
necessary to maintain the Flood Insurance Rate Maps when the analyses
propose to change base flood elevations, flood hazard area boundaries, or
floodway designations; such submissions shall be made within 6 months of such
data becoming available.
(12) Require applicants who propose alteration of a watercourse to notify adjacent
jurisdictions and the NFIP State Coordinating Agency, and to submit copies of
such notifications to the Federal Emergency Management Agency (FEMA).
(13) Inspect development within the scope of Appendix G and inspect flood hazard
areas to determine if development is undertaken without issuance of permits.
(14) Prepare comments and recommendations for consideration when applicants
seek variances in accordance with Appendix G.
(15) Cite violations.
(16) Notify the Federal Emergency Management Agency when the corporate
boundaries of City of Dublin have been modified.
7.24.180 Other permits required.
The applicant shall obtain all other required state and federal permits prior to initiating
work authorized by these regulations and shall provide documentation of such permits to
the Floodplain Administrator. Such permits include but are not limited to:
California State Water Resources Control Board for activities that affect wetlands
and alter surface water flows, in conjunction with the U.S. Army Corps of
Engineers; Section 404 of the Clean Water Act.
7.24.190 Substantial improvement and substantial damage determinations.
For applications for building permits to improve buildings and structures, including
alterations, movement, repair, additions, rehabilitations, renovations, substantial
improvements, repairs of substantial damage, and any other improvement of or work on
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such buildings and structures, the Floodplain Administrator, in coordination with the
Building Official, shall:
(1) Estimate the market value or require the applicant to obtain a professional
appraisal prepared by a qualified independent appraiser, of the market value of the
building or structure before the start of construction of the proposed work; in the
case of repair, the market value of the building or structure shall be the market
value before the damage occurred and before any repairs are made.
(2) Compare the cost to perform the improvement, the cost to repair the damaged
building to its pre -damaged condition, or the combined costs of improvements and
repairs, where applicable, to the market value of the building or structure.
(3) Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; for proposed work to repair damage
caused by flooding, the determination requires evaluation of previous permits
issued to repair flood -related damage as specified in the definition of "substantial
damage." The substantial improvement determination requires evaluation of
previous permits issued for improvements and repairs as specified in the definition
of "substantial improvement."
(4) Notify the applicant when it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood
resistant construction requirements of the building code is required and notify the
applicant when it is determined that work does not constitute substantial
improvement or repair of substantial damage.
7.24.200 Department records.
In addition to the requirements of the building code and Appendix G, and regardless of
any limitation on the period required for retention of public records, the Floodplain
Administrator shall maintain and permanently keep and make available for public
inspection all records that are necessary for the administration of these regulations and
the flood provisions of the building codes, including Flood Insurance Studies, Flood
Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; records of
issuance of permits and denial of permits; determinations of whether proposed work
constitutes substantial improvement or repair of substantial damage; required
certifications and documentation specified by the building codes and these regulations;
notifications to adjacent communities, FEMA, and the State related to alterations of
watercourses; assurance that the flood carrying capacity of altered waterways will be
maintained; documentation related to variances, including justification for issuance or
denial; and records of enforcement actions taken pursuant to these regulations and the
flood resistant provisions of the building codes.
Article IV. Site Plans and Documentation
7.24.210 Additional site plan information.
In addition to the site plan requirements of the building code and Appendix G shall
include, as applicable to the proposed development:
(1) Location of the proposed activity and proposed structures; locations of water
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supply, sanitary sewer, and other utilities; and locations of existing buildings and
structures.
(2) Location, extent, amount, and proposed final grades of any filling, grading, or
excavation.
(3) Where the placement of fill is proposed, the amount, type, and source of fill
material; compaction specifications; a description of the intended purpose of the
fill areas; and evidence that the proposed fill areas are the minimum necessary to
achieve the intended purpose.
(4) Existing and proposed alignment of any proposed alteration of a watercourse.
(5) Include a nonconversion agreement signed by the applicant if the building in a
flood hazard area has enclosed areas below the lowest floor.
7.24.220 Additional engineering data.
When additional hydrologic, hydraulic or other engineering data, studies, and additional
data and analyses are submitted to support an application, the applicant has the right to
seek a Letter of Map Change from FEMA to change the base flood elevations, change
floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and
to submit such data to FEMA for such purposes. The analyses shall be prepared by a
qualified registered professional engineer in a format required by FEMA. Submittal
requirements and processing fees shall be the responsibility of the applicant. Provided
FEMA issues a Conditional Letter of Map Revision, construction of proposed flood control
projects and land preparation for development are permitted, including clearing,
excavation, grading, and filling. Permits for construction of buildings shall not be issued
until the applicant satisfies the FEMA requirements for issuance of a Letter of Map
Revision.
7.24.230 Additional submittal requirements.
For projects proposing to enclose areas under elevated buildings, include a signed
Nonconversion Agreement (Declaration of Land Restriction); which shall be recorded on
the property prior to issuance of the Certificate of Occupancy.
7.24.240 Information in flood hazard areas without base flood elevations
(approximate Zone A).
Where flood hazard areas are delineated on the FIRM and base flood elevations data
have not been provided, the Floodplain Administrator is authorized to:
(1) Require the applicant to include base flood elevation data prepared by a
qualified professional engineer in accordance with currently accepted
engineering practices. Such analyses shall be performed and sealed by a
qualified professional engineer. Studies, analyses and computations shall be
submitted in sufficient detail to allow review and approval by the Floodplain
Administrator. The accuracy of data submitted for such determination shall be
the responsibility of the applicant.
(2) Obtain, review, and provide to applicants base flood elevation and floodway
data available from a federal or state agency or other source or require the
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applicant to obtain and use base flood elevation and floodway data available
from a federal or state agency or other source.
(3) Where base flood elevation and floodway data are not available from another
source, where the available data are deemed by the Floodplain Administrator
to not reasonably reflect flooding conditions, or where the available data are
known to be scientifically or technically incorrect or otherwise inadequate,
require the applicant to include base flood elevation data in accordance with
Section 7.24.240(1).
(4) Where the base flood elevation data are to be used to support a request for a
Letter of Map Change from FEMA, advise the applicant that the analyses shall
be prepared by a qualified professional engineer in a format required by FEMA,
and that it shall be the responsibility of the applicant to satisfy the submittal
requirements and pay the processing fees.
Article V. Variances
7.24.250 Variances, in addition.
In addition to the variance provisions of Appendix G:
(1) The considerations and conditions for variances set forth in Appendix G are based
on the general principle of zoning law that variances pertain to a piece of property
and are not personal in nature. A variance may be issued for a parcel of property
with physical characteristics so unusual that complying with the requirements of
these regulations would create an exceptional hardship to the applicant or the
surrounding property owners. The characteristics must be unique to the property
and not be shared by adjacent parcels. The unique characteristic must pertain to
the land itself, not to the structure, its inhabitants, or the property owners. The
issuance of a variance is for floodplain management purposes only. Federal flood
insurance premium rates are determined by the National Flood Insurance Program
according to actuarial risk and will not be modified by the granting of a variance.
(2) It is the duty of the City Council to promote public health, safety and welfare and
minimize losses from flooding. This duty is so compelling and the implications of
property damage and the cost of insuring a structure built below flood level are so
serious that variances from the elevation or other requirements in the building
codes should be quite rare. The long term goal of preventing and reducing flood
loss and damage, and minimizing recovery costs, inconvenience, danger, and
suffering, can only be met when variances are strictly limited. Therefore, the
variance requirements in these regulations are detailed and contain multiple
provisions that must be met before a variance can be properly issued. The criteria
are designed to screen out those situations in which alternatives other than a
variance are more appropriate.
7.24.260 Agricultural structures.
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A variance is authorized to be issued for the construction or substantial improvement of
agricultural structures that are not elevated or dry floodproofed, provided the
requirements of this section are satisfied and:
(1) A determination has been made that the proposed agricultural structure:
(a) Is used exclusively in connection with the production, harvesting, storage,
raising, or drying of agricultural commodities and livestock, or storage of
tools or equipment used in connection with these purposes or uses, and will
be restricted to such exclusive uses.
(b) Has low damage potential.
(c) Does not increase risks and pose a danger to public health, safety, and
welfare if flooded and contents are released, including but not limited to the
effects of flooding on manure storage, livestock confinement operations,
liquified natural gas terminals, and production and storage of highly volatile,
toxic, or water -reactive materials.
(d) Complies with the wet floodproofing construction requirements of paragraph
(2), below.
(2) Wet floodproofing construction requirements.
(a) Anchored to resist flotation, collapse, and lateral movement.
(b) When enclosed by walls, walls have flood openings that comply with the
flood opening requirements of ASCE 24, Chapter 2.
(c) Flood damage -resistant materials are used below the base flood elevation.
(d) Mechanical, electrical, and utility equipment are elevated above the base
flood elevation.
Article VI. Violations
7.24.270 Violations, general.
In addition to the violation provisions of the building code and Appendix G, any
development in any flood hazard area that is being performed without an issued permit
or that is in conflict with an issued permit shall be deemed a violation.
7.24.280 Buildings and structures.
A building or structure without the documentation of the elevation of the lowest floor,
other required design certifications, or other evidence of compliance required by these
regulations or the building code, is presumed to be a violation until such time as required
documentation is submitted. Violation of the requirements shall constitute a
misdemeanor.
7.24.290 Authority.
The Floodplain Administrator is authorized to serve notices of violation or stop work
orders to owners of property involved, to the owner's agent, or to the person or persons
doing the work for development that is not within the scope of the building codes, but is
regulated by these regulations and that is determined to be a violation.
7.24.300 Unlawful continuance.
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Any person who shall continue any work after having been served with a notice of
violation or a stop work order, except such work as that person is directed to perform to
remove or remedy a violation or unsafe condition, shall be subject to penalties as
prescribed by Municipal Code Chapters 1.04 and /or 1.06.
Part II Definitions
Article VII. Definitions
7.24.310 General.
The following words and terms shall, for the purposes of these regulations, have the
meanings shown herein. Other terms are defined in the Building Code and Appendix G
and terms are defined where used in the Residential Code (rather than in the definitions
section). Where terms are not defined, such terms shall have ordinarily accepted
meanings such as the context implies.
7.24.320 Definitions
ACCESSORY STRUCTURE. A structure on the same parcel of property as a principal
structure and the use of which is incidental to the use of the principal structure. For
floodplain management purposes, the term includes only accessory structures used for
parking and storage.
AGRICULTURAL STRUCTURE. A walled and roofed structure used exclusively for
agricultural purposes or uses in connection with the production, harvesting, storage,
raising, or drying of agricultural commodities and livestock, including aquatic organisms.
Structures that house tools or equipment used in connection with these purposes or uses
are also considered to have agricultural purposes or uses.
ALTERATION OF A WATERCOURSE. A dam, impoundment, channel relocation,
change in channel alignment, channelization, or change in cross -sectional area of the
channel or the channel capacity, or any other form of modification which may alter,
impede, retard or change the direction and/or velocity of the riverine flow of water during
conditions of the base flood.
DEVELOPMENT. Any manmade change to improved or unimproved real estate,
including but not limited to, buildings or other structures, tanks, temporary structures,
temporary or permanent storage of materials, mining, dredging, filling, grading, paving,
excavations, drilling operations and other land -disturbing activities.
ENCROACHMENT. The placement of fill, excavation, buildings, permanent structures
or other development into a flood hazard area which may impede or alter the flow capacity
of riverine flood hazard areas.
EXCEPTIONAL HARDSHIP. For the purpose of variances from these regulations or the
building code, the exceptional difficulty that would result from a failure to grant a requested
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variance. Mere economic or financial hardship is not exceptional. Inconvenience,
aesthetic considerations, physical handicaps, personal preferences, or the disapproval of
one's neighbors do not, as a rule, qualify as exceptional hardships. All of these
circumstances can be resolved through other means without granting variances, even
when the alternatives are more expensive or require the property owner to build
elsewhere or put the parcel to a different use than originally intended.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete
pads) was completed before April 15, 1981.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION.
The preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD CONTROL PROJECT. A dam or barrier design and constructed to keep water
away from or out of a specified area, including but not limited to levees, floodwalls, and
channelization.
FRAUD OR VICTIMIZATION. For the purpose of variances from these regulations or
the building code, the intentional use of deceit to deprive another of rights or property,
making a victim of the deprived person or the public. As it pertains to buildings granted
variances to be constructed below the elevation required by the building code, future
owners or tenants of such buildings and the community as a whole may bear the burden
of increased risk of damage from floods, increased cost of flood insurance, and increased
recovery costs, inconvenience, danger, and suffering.
LETTER OF MAP CHANGE (LOMC). An official determination issued by FEMA that
amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study.
Letters of Map Change include:
(1) Letter of Map Amendment (LOMA): An amendment based on technical data
showing that a property was incorrectly included in a designated special flood
hazard area. A LOMA amends the current effective Flood Insurance Rate Map and
establishes that a specific property, portion of a property, or structure is not located
in a special flood hazard area.
(2) Letter of Map Revision (LOMR): A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries
and floodway delineations, and other planimetric features.
(3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure
or parcel of land has been elevated by fill above the base flood elevation and is,
therefore, no longer located within the special flood hazard area. In order to qualify
for this determination, the fill must have been permitted and placed in accordance
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with the community's floodplain management regulations.
(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the
minimum NFIP requirements for such projects with respect to delineation of special
flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate
Map or Flood Insurance Study; upon submission and approval of certified as -built
documentation, a Letter of Map Revision may be issued by FEMA to revise the
effective FIRM.
LIGHT -DUTY TRUCK. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at
8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight
of 6,000 pounds or less and which has a basic vehicle frontal area of forty-five (45) square
feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of
such a vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of more than
twelve (12) persons; or
(3) Available with special features enabling off-street or off -highway operation and
use.
MARKET VALUE. The price at which a property will change hands between a willing
buyer and a willing seller, neither party being under compulsion to buy or sell and both
having reasonable knowledge of relevant facts. As used in these regulations, the term
refers to the market value of buildings and structures, excluding the land and other
improvements on the parcel. Market value shall be determined by one of the following
methods: (1) Actual Cash Value (replacement cost depreciated for age and quality of
construction), (2) tax assessment value adjusted to approximate market value by a factor
provided by the Property Appraiser, or (3) established by a qualified independent
appraiser.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park
or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads)
was completed on or after April 15, 1981.
NONCONVERSION AGREEMENT (Declaration of Land Restriction). A form provided
by the Floodplain Administrator to be signed by the property owner(s) and recorded with
the Alameda County Clerk -Recorder's Office, restricting the owner(s) ability to convert or
modify enclosures below elevated buildings in any manner that is inconsistent with the
terms of the building permit and these regulations, enclosures below elevated buildings.
NUISANCE. That which is injurious to safety or health of an entire community or
neighborhood, or any considerable number of persons, or unlawfully obstructs the free
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passage or use, in the customary manner, of any navigable lake, or river, bay, stream,
canal, or basin.
RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
SAND DUNES. Naturally occurring accumulations of sand in ridges or mounds landward
of the beach.
SUBSTANTIAL IMPROVEMENT means any combination of repair, reconstruction,
rehabilitation, alteration, addition or other improvement of a building or structure, taking
place during a ten (10)—year period, the cumulative cost of which equals or exceeds 50
percent of the market value of the structure before the improvement or repair is started.
The period of accumulation begins when the first improvement or repair of each building
is permitted subsequent to January 1, 2023. When the structure has sustained
substantial damage, any repairs are considered substantial improvement regardless of
the actual repair work performed. The term does not, however, include either:
(1) Any project for improvement of a building required to correct existing health,
sanitary or safety code violations identified by the building official and that are the
minimum necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided that the alteration will not preclude
the structure's continued designation as a historic structure.
SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before -damaged condition would equal or exceed
50 percent of the market value of the structure before the damage occurred. The term
also includes flood -related damage sustained by a structure on two separate occasions
during a 10-year period for which the cost of repairs at the time of each such flood event,
on average, equals or exceeds 25 percent of the market value of the structure before the
damage occurred.
WATERCOURSE. A river, creek, stream, channel, or other topographic feature in, on,
through, or over which water flows at least periodically.
Part III Flood Resistant Development
Article VIII. Subdivisions
7.24.330 Subdivisions, in addition.
In addition to the subdivision provisions in Appendix G, the following requirements apply:
(1) In Zones AH and AO, adequate drainage paths shall be provided to guide
floodwater around and away from proposed structures.
(2) When fill will be placed to support buildings, the fill shall be placed in accordance
with the building code and approval of the subdivision shall require submission of
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as -built elevations for each filled pad certified by a licensed land surveyor or
registered civil engineer.
Article IX. Site Improvement
7.24.340 Site improvement, in addition.
In addition to the site improvement provisions in Appendix G, the requirements of this
section shall apply.
7.24.350 Limitations on placement of fill.
Where the placement of fill is permitted by the building code, Appendix G, or these
regulations, fill shall be designed to be stable under conditions of flooding including rapid
rise and rapid drawdown of floodwaters, prolonged inundation, and protection against
flood -related erosion and scour. In addition to these requirements, when intended to
support buildings and structures, fill shall comply with the requirements of the building
code. The placement of fill intended to change base flood elevations, change floodway
boundaries, or change boundaries of flood hazard areas shown on FIRMs shall be subject
to the requirements of Section 7.24.220 of these regulations.
Article X. Manufactured Homes
7.24.360 Installation, in addition.
In addition to the provisions for manufactured homes in Appendix G:
(1) All manufactured homes installed in flood hazard areas shall be installed by an
installer that is licensed pursuant to the Business and Professions Code and shall
comply with the requirements of the Department of Housing and Community
Development (HCD) and the requirements of these regulations.
(2) In addition to permits pursuant to Appendix G, permits from the HCD are required
where the HCD is the enforcement agency for installation of manufactured homes.
(3) Upon completion of installation and prior to the final inspection by the Floodplain
Administrator, the installer shall submit certification of the elevation of the
manufactured home, prepared by a licensed land surveyor or registered civil
engineer, to the Floodplain Administrator.
7.24.370 Elevation requirement for certain existing manufactured home parks and
subdivisions.
Manufactured homes that are placed, replaced, or substantially improved on sites
located in an existing manufactured home park or subdivision, unless on a site where
substantial damage as a result of flooding has occurred, shall be elevated such that either
the:
(1) Lowest floor, or bottom of the lowest horizontal structural member, as applicable
to the flood hazard area, is at or above the base flood elevation.
(2) Bottom of the frame is supported by reinforced piers or other foundation elements
of at least equivalent strength that are not less than 36 inches in height above
grade.
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Article XI. Accessory Structures
7.24.380 Detached garages and accessory storage structures.
The provision in Appendix G for garages and accessory structures shall be replaced
with this section. Detached garages and accessory storage structures used only for
parking or storage are permitted below the base flood elevation provided the garages and
accessory storage structures:
(1) Are one story and not larger than 600 square feet in area when located in special
flood hazard areas other than coastal high hazard areas.
(2) Are anchored to resist flotation, collapse or lateral movement resulting from flood
loads.
(3) Have flood openings in accordance with the building code.
(4) Have flood damage -resistant materials used below the base flood elevation.
(5) Have mechanical, plumbing and electrical systems, including plumbing fixtures,
elevated to or above the base flood elevation.
Article XII. Flood Control Projects
7.24.390 Flood control projects; general.
In addition to applicable Federal, State and other local permits, a permit for floodplain
development is required for construction of flood control projects. The purpose for the
permit is to examine the impact on flood hazard areas, floodways, and base flood
elevations shown on the FIRM. Unless otherwise authorized by separate regulations,
issuance of this permit does not address the sufficiency of the structural elements of the
proposed flood control project. Permits for floodplain development and building permits
in areas affected by proposed flood control projects shall not be issued based on
Conditional Letters of Map Revision issued by FEMA.
7.24.400 Flood control projects; applications.
Applications for permits for flood control projects shall include documentation including
but not limited to:
(1) Site plan or document showing the existing topography and the boundaries of the
flood hazard areas, floodway boundaries, and base flood elevations shown on the
FIRM.
(2) Site plan or document showing the proposed topography and the proposed
changes to the boundaries of the flood hazard areas, floodway boundaries, and
base flood elevations.
(3) The documentation submitted to FEMA for a Conditional Letter of Map Revision
(CLOMR) and, if issued, the Conditional Letter of Map Revision. Submittal
requirements and processing fees shall be the responsibility of the applicant. A
CLOMR is required when a proposed flood control project alters a floodway and
increases base flood elevations more than greater than 0.00 feet, or alters a
watercourse a riverine flood hazard area for which base flood elevations are
included in the Flood Insurance Study or on the FIRM and floodways have not
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been designated and increases base flood elevations more than 1.0 foot.
5200973.1
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Attachment 6
Exhibit C to the Ordinance
Chapter 7.28
BUILDING REGULATION ADMINISTRATION
Article I. Definitions
7.28.010 Building Official.
7.28.020 Dangerous building or structure.
7.28.030 Dangerous electrical, plumbing or mechanical installation.
7.28.040 Electrical installation.
7.28.050 Health officer.
7.28.060 Illegal building, structure or installation.
7.28.070 Mechanical installation.
7.28.080 Plumbing installation.
7.28.090 Substandard building.
7.28.100 Determination of substantially improved or substantially
damaged existing buildings and structures in flood hazard areas
(all buildings except 1 and 2 family dwellings and townhouses
less than three stories).
7.28.110 Determination of substantially improved or substantially
damaged existing buildings and structures in flood hazard areas
(1 and 2 family dwellings and townhouses less than three
stories).
7.28.120 This Chapter.
Article II. Authority of Building Official
7.28.130 Enforcement officer designated.
7.28.140 Right of entry.
7.28.150 Alternate materials and methods of construction.
7.28.160 Modifications.
7.28.170 Compliance —Tests.
7.28.180 Stop work orders.
7.28.190 Discontinuance of utilities —Authority.
7.28.200 Liability.
Article III. Enforcement
7.28.210 Occupancy or use violations.
7.28.220 Dangerous buildings, structures or installations.
7.28.230 Illegal buildings, structures or installations.
7.28.240 Existing buildings, structures or installations.
7.28.250 Maintenance requirements.
7.28.260 Code conflicts.
7.28.270 Violation.
7.28.280 Appeals.
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7.28.290 Revocation or modification of variance.
Article IV. Permit Requirements
7.28.300 Permit —Required.
7.28.310 Exceptions.
7.28.320 Permit —Application.
7.28.330 Permit —Application —Submittal Documents.
7.28.340 Plans and specifications —Requirements.
7.28.350 Permit —Application —Plats required.
7.28.360 Permit —Issuance —Generally.
7.28.370 Permit —Issuance —Restrictions.
7.28.380 Permittee responsibility.
7.28.390 Live loads posted.
7.28.400 Granting of permit not approval for violation.
7.28.410 Permit —Expiration.
7.28.420 Application Expiration.
7.28.430 Permit and Application —Extensions.
7.28.440 Building Official —Authority to deny permit.
7.28.450 Permit —Suspension or revocation.
7.28.460 Fees —Generally.
7.28.470 Permit processing fee.
7.28.480 Refunds.
7.28.490 Fees —Partially completed work.
7.28.500 Additional fees for changes.
7.28.510 Reinspections.
7.28.520 Code compliance survey.
7.28.530 Inspection fee —Moved building.
7.28.540 Plan and specification storage fee.
7.28.550 Fees for additional plan checking.
7.28.560 Fees —Other inspection services.
Article V. Inspections
7.28.570 Generally.
7.28.580 Approvals required.
7.28.590 Inspection required before use commences.
7.28.600 Notification for inspections required.
7.28.610 Other inspections.
7.28.620 Special inspections.
7.28.630 Inspections —Moved buildings, structures, installations or
systems.
Article VI. Occupancy
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7.28.640 Generally.
7.28.650 Approval to connect utilities.
7.28.660 Temporary or partial occupancy.
7.28.670 Authority to withhold approval to occupy.
7.28.680 Change of Occupancy
Article I. Definitions
7.28.010 Building Official.
There is established in the City the office of the Building Official, who is responsible for
the administration and enforcement of this Chapter as hereinafter provided.
7.28.020 Dangerous building or structure.
"Dangerous building or structure" means any building or structure which has any or all
of the following conditions or defects to an extent that endangers the life, health, property,
or safety of the public or its occupants:
A. Whenever any door, aisle, passageway, stairway or other means of exit is not of
sufficient width or size, or is not so arranged as to provide safe and adequate means of
exit in case of fire or panic;
B. Whenever the stress in any materials, member or portion thereof, due to all dead
and live loads, is more than one and one-half times the working stress or stresses allowed
in the building code for new buildings of similar structure, purpose or location;
C. Whenever any portion of a building or structure has been damaged by fire,
earthquake, wind, flood, or by any other cause, to such an extent the structural strength
or stability of such building or structure is materially less than it was before such
catastrophe and is less than the minimum requirements of the building code for new
buildings of similar structure, purpose or location;
D. Whenever any portion or member or appurtenance thereof is likely to fail, or to
become detached or dislodged, or to collapse and thereby injure persons or damage
property;
E. Whenever any portion of a building or structure, or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength or stability, or is not
anchored, or fastened in place so as to be capable of resisting a wind pressure of one
half of that specified in the building code for new buildings of similar structure, purpose or
location without exceeding the working stresses permitted in the building code for such
buildings;
F. Whenever any portion of a building or structure has cracked, warped, buckled, or
settled to such an extent that walls or other structural portions of the building or structure
have materially less resistance to winds or earthquakes than is required in the building
code for similar new buildings or structures;
G. Whenever the building or structure, or any portion thereof, is likely to partially or
completely collapse because of (1) dilapidation, deterioration, or decay; (2) faulty
construction; (3) the removal, movement or instability of any portion of the ground
necessary for the purpose of supporting building; (4) the deterioration, decay or
inadequacy of its foundation; or (5) any other cause;
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H. Whenever, for any reason, the building or structure, or any portion thereof, is
manifestly unsafe for the purpose for which it is being used;
I. Whenever the exterior walls or other vertical structural members list, lean, or buckle
to such an extent that a plumb line passing through the center of gravity does not fall
inside the middle one-third of the base;
J. Whenever the building or structure, exclusive of the foundations, shows thirty-three
percent (33%) or more damage or deterioration of its supporting member or members, or
fifty percent (50%) damage or deterioration of its nonsupporting members, enclosing or
outside walls coverings;
K. Whenever the building or structure has been so damaged by fire, wind, earthquake,
wind, or flood, or has become so dilapidated or deteriorated as to become (1) an attractive
nuisance to children; (2) a harbor for vagrants, criminal or immoral persons; or as to (3)
enable persons to resort thereto for the purpose of committing unlawful or immoral acts;
L. Whenever any building or structure has been constructed, exists, or is maintained
in violation of any specific requirement or prohibition applicable to such building or
structure provided by this Chapter or any law, ordinance, rule, or regulation in relation to
the condition, location or structure of buildings;
M. Whenever any building or structure has less than fifty percent (50%) in any
nonsupporting part, member or portion, or less than sixty-six percent (66%) in any
supporting part, member or portion of the (1) strength; (2) fire resisting qualities or
characteristics; or (3) weather resistance qualities or characteristics required by law in the
case of a newly constructed building of like area, height and occupancy in the same
location regardless of whether such building or structure was erected in accordance with
all applicable laws and ordinances. For buildings erected prior to the effective date of
Alameda County Ordinance 74-66, the seismic forces specified in Alameda County
Ordinance 950 N.S. shall be used for determining the percent of strength rather than the
seismic forces required by law for a newly constructed building of like area, height, and
occupancy in the same location;
N. Whenever a building or structure, used or intended to be used for dwelling
purposes, is determined by the Building Official to be unsanitary, unfit for human
habitation or in a condition that it is likely to cause sickness or disease due to inadequate
maintenance, dilapidation, decay, damage, faulty construction or arrangement, or
inadequate light, air or sanitation facilities or other cause;
O. Whenever any building or structure is determined by the Building Official to be a fire
hazard due to obsolescence, dilapidated condition, deterioration, damage, inadequate
exits, lack of sufficient fire resistive construction, faulty electric wiring, gas connections or
heating apparatus or other cause;
P. Whenever any building or structure constitutes a public nuisance under this code or
state law or in equity;
Q. Whenever any portion of a building or structure remains on a site after the
demolition or destruction of such building or structure; or
R. Whenever any building or structure is abandoned and is determined by the
Building Official to be an attractive nuisance or hazard to the public.
7.28.030 Dangerous electrical, plumbing or mechanical installation.
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"Dangerous electrical, plumbing or mechanical installation" means any electrical,
plumbing or mechanical installation which has any or all of the following conditions or
defects and such conditions or defects endanger the life, health, property or safety of the
public or any persons using such installation:
A. Whenever any protective or safety service specified in this Chapter is not provided,
is inoperative, or fails to function as originally intended;
B. Whenever any installation or any portion thereof is (1) dilapidated, deteriorated, or
decayed; (2) faulty; (3) obsolete; or (4) inadequately maintained;
C. Whenever any installation or any portion thereof is damaged by fire, wind,
earthquake, flood or any other cause;
D. Whenever any installation or any portion thereof was constructed, installed, altered
or maintained in violation of this Chapter; and/or
E. Whenever any installation is in such condition as to constitute a public nuisance
under this code or state law or in equity.
7.28.040 Electrical installation.
"Electrical installation" means any electrical wiring, appliance, device, equipment, and
apparatus used for or in connection with the transmission or use of electrical energy for
light, power, radio, signaling communication or for any other purpose.
7.28.050 Health Officer.
"Health Officer" means the Alameda County Health Officer or his or her authorized
representative.
7.28.060 Illegal building, structure or installation.
"Illegal building, structure or installation" means any building or structure or portion
thereof, and any electrical, plumbing or mechanical installation or portion thereof, erected,
installed, constructed, enlarged, altered, repaired, moved, converted, or improved without
a permit in violation of this Chapter or any other applicable law, ordinance, rule or
regulation.
7.28.070 Mechanical installation.
"Mechanical installation" means any appliance, device, equipment, system or
apparatus used for or in connection with heating, ventilating, refrigeration or incineration.
7.28.080 Plumbing installation.
"Plumbing installation" means the use of water, all potable water supply and distribution
pipes, all fixtures and traps, all drainage and vent pipes and all building drains, all private
sewage disposal systems, including their respective joints and connections, devices,
receptacles and appurtenances within property lines of the premises and shall include
potable water piping, potable water treating or using equipment, fuel gas piping, water
heaters and vents for same.
7.28.090 Substandard building.
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"Substandard building" means all buildings or portions thereof which are determined to
be substandard as defined in the Health and Safety Code, Division 13, Part 1.5, Chapter
2 Rules and Regulations, Section 17920.3.
7.28.100 Determination of substantially improved or substantially damaged
existing buildings and structures in flood hazard areas (all buildings except 1 and
2 family dwellings and townhouses less than three stories).
For applications for reconstruction, rehabilitation, repair, alteration, addition or other
improvement of existing buildings or structures located in flood hazard areas, the building
official shall determine where the proposed work constitutes substantial improvement or
repair of substantial damage. The substantial improvement determination requires
evaluation of previous permits issued for improvements repairs as specified in the
definition of "substantial improvement." The substantial damage determination requires
evaluation of previous permits issued for repair of flood damage as specified in the
definition of "substantial damage." Where the building official determines that the
proposed work constitutes substantial improvement or repair of substantial damage, and
where required by this code, the building official shall require the building to meet the
requirements of Section 1612 of the Building Code.
7.28.110 Determination of substantially improved or substantially damaged
existing buildings and structures in flood hazard areas (1 and 2 family dwellings
and townhouses less than three stories).
For applications for reconstruction, rehabilitation, addition, alteration, repair or other
improvement of existing buildings or structures located in a flood hazard area as
established by Table R301.2(1), the building official shall examine or cause to be
examined the construction documents and shall make a determination with regard to the
value of the proposed work. The substantial improvement determination requires
evaluation of previous permits issued for improvements and repairs as specified in the
definition of "substantial improvement." The substantial damage determination requires
evaluation of previous permits issued for repair of flood damage as specified in the
definition of "substantial damage." For buildings that have sustained damage of any
origin, the value of the proposed work shall include the cost to repair the building or
structure to its predamaged condition. If the building official finds that the value of
proposed work equals or exceeds 50 percent of the market value of the building or
structure before the damage has occurred or the improvement is started, the proposed
work is a substantial improvement or repair of substantial damage, and the building
official shall require existing portions of the entire building or structure to meet the
requirements of Section R322.
7.28.120 This Chapter.
Whenever the term "this Chapter" is used in this Chapter 7.28, it shall also mean and
include Chapter 7.24 (Floodplain), Chapter 7.32 (Building Code); Chapter 7.34
(Residential Code), Chapter 7.36 (Electrical Code); Chapter 7.40 (Plumbing Code);
Chapter 7.44 (Mechanical Code); Chapter 7.45 (Swimming Pool and Spa), Chapter 7.46
(Existing Building Code), Chapter 7.48 (Building Maintenance Code) and 7.94 (Green
Building Code) of this Title.
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Article II. Authority of Building Official
7.28.130 Enforcement Officer designated.
A. The Building Official is hereby authorized and directed to enforce the provisions of
this Chapter. The Building Official shall have the authority to render interpretations of this
Chapter and to adopt policies and procedures to clarify the application of the provisions
of this Chapter. Such interpretations, policies and procedures shall be in compliance with
the intent and purpose of this Chapter
B. The Building Official shall have the power to designate by written order that
particular officers or employees shall be authorized to enforce particular provisions of this
Chapter.
C. The Health Officer is hereby authorized and directed to enforce all of the provisions
of this Chapter pertaining to:
1. Private water supply;
2. Private sewage disposal systems;
3. Infestation of insects, vermin or rodents;
4. Storage and removal of garbage; and
5. Sanitation of bedding.
For purposes of enforcement of the foregoing provisions of this Chapter the Health Officer
shall have the same authority and duties that are assigned to the Building Official in Article
II and Sections 7.28.280, and 7.28.290 of this Chapter.
D. The Building Official, the Health Officer, and any officer or employee designated by
the Building Official pursuant to paragraph B of this Section shall have the power of a
peace officer.
7.28.140 Right of entry.
Whenever necessary to make an inspection to enforce any of the provisions of this
Chapter or whenever the Building Official has reasonable cause to believe that a violation
of this Chapter exists in any building or any premises, or there exists in any building or
upon any premises any condition which makes the building or premises dangerous,
unsanitary, or a menace to life, health or property, the Building Official may enter such
building or premises at all reasonable times to inspect the same or to perform any duty
imposed upon the Building Official by this Chapter or any other applicable law, ordinance,
rule, or regulations provided that if such building or premises be occupied, he shall first
present credentials and demand entry. If such structure or premises is unoccupied, the
Building Official shall first make a reasonable effort to locate the owner or other person
having charge or control of the building or premises and request entry. If entry is refused,
the Building Official shall have recourse to every remedy provided by law to secure entry.
7.28.150 Alternative materials and methods of construction.
A. The provisions of this Chapter are not intended to prevent the use of any material
or to prohibit any design or method of construction not specifically prescribed by this
Chapter provided that any such alternative has been approved by the Building Official.
B. The Building Official may approve any alternative material, design or method of
construction provided the Building Official finds that the proposed design is satisfactory
and complies with the intent of the provisions of this Chapter, and that the material,
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method or work offered is, for the purpose intended, at least equivalent of that prescribed
in this Chapter in quality, strength, effectiveness, fire resistance, durability, dimensional
stability, and safety. The details of any action granting approval of an alternative material,
design or method of construction shall be recorded and entered into the files of the City.
C. The Building Official may require that sufficient evidence or proof be submitted to
substantiate any claims for alternate materials or methods of construction.
7.28.160 Modifications.
Whenever there are practical difficulties involved in carrying out the provisions of this
Chapter, the Building Official may grant modifications for individual cases upon
application of the owner or the owner's representative, provided he shall first find that a
special individual reason makes the strict letter of this Chapter impractical, the
modification is in conformity with the intent and purpose of this Chapter and such
modification does not lessen health, accessibility, life and fire safety, or structural
requirements. The details of any action granting modifications to the provisions of this
Chapter shall be recorded and entered in the files of the City.
7.28.170 Compliance —Tests.
A. Whenever there is insufficient evidence of compliance with the provisions of this
Chapter, or evidence that any material or any construction does not conform to the
requirements of this Chapter, or in order to substantiate claims for alternate materials or
methods of construction, the Building Official may require tests as proof of compliance to
be performed by an approved agency at the expense of the owner or his agent .
B. Test methods shall be as specified by this Chapter for the material in question. If
there are no appropriate test methods specified in this Chapter, the Building Official shall
determine the test methods.
C. All tests shall be made by an approved agency. Reports of such tests shall be
retained by the Building Official for the period required for the retention of public records.
7.28.180 Stop work orders.
Whenever any work is being done contrary to the provisions of this Chapter or any
other applicable law, ordinance, rule, regulation, or the approved plans, the Building
Official may order the work stopped by serving written notice on the owner of the property
involved, the owner's agent, or any persons engaged in, doing, or causing such work to
be done. Upon issuance of a stop work order, the cited work shall immediately cease
and shall not resume until authorized by the Building Official. If there are no persons
present on the premises, the notice may be posted in a conspicuous place. The notice
shall state the nature of the violation and the conditions under which the cited work will
be permitted to resume.
7.28.190 Discontinuance of utilities —Authority.
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A. The Building Official may order the discontinuance of the supply of electrical energy,
fuel gas or water to any building or structure, electrical, plumbing, or mechanical
installation which is:
1. Being occupied or used contrary to the provisions of this Chapter or any other
applicable law, ordinance, rule or regulation;
2. A dangerous building or structure, or dangerous electrical, plumbing or mechanical
installation;
3. An illegal building or structure, electrical, plumbing or mechanical installation; or
4. A substandard building.
B. Such order shall be in writing and shall state the nature of the condition requiring
the discontinuance of utilities and the time when such utilities shall be discontinued. The
order shall be directed to the person supplying electrical energy, fuel gas, or water and a
copy of said order shall be sent to the person using said utilities and to the owner of the
premises.
7.28.200 Liability.
The Building Official, or his authorized representative(s), charged with the enforcement
of this Chapter, acting in good faith and without malice in the discharge of his duties
required by this Chapter or any other applicable laws, ordinances, rules, or regulations,
shall not thereby be rendered personally liable, and is hereby relieved from personal
liability, for any damage accruing to persons or property as a result of any act, or by
reason of any act or omission, in the discharge of his or her duties. Any suit brought
against the Building Official or employee because of such act or omission shall be
defended by the City until final termination of such proceedings, and any judgment
resulting therefrom, shall be assumed by the City.
Article III. Enforcement
7.28.210 Occupancy or use violations.
Whenever any building or structure, electrical, plumbing, or mechanical installation, or
portion thereof, is being used contrary to the provisions of this Chapter or any other
applicable law, ordinance, rule, or regulation, and whenever the existing use or
occupancy of a building has been changed without the approval of the Building Official,
the Building Official may order such use discontinued and, where deemed necessary for
the safety of the occupants thereof, or the public, may order the building or structure or
portion thereof to be vacated by serving written notice to any persons using or causing
such use. If there are no persons present on the premises at the time, the notice may be
posted in a conspicuous place on the premises. The notice shall state the nature of the
violation and the time when said use shall be discontinued, and when required, the time
when said building or structure or portion thereof shall be vacated. No person shall
continue said use or continue to occupy said building or structure, electrical, plumbing, or
mechanical installation, or portion thereof, contrary to the terms of said notice until the
violation is corrected and use or occupancy is authorized by the Building Official.
7.28.220 Dangerous buildings, structures or installations.
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A. It is unlawful to maintain or use a dangerous building or structure or a dangerous
electrical, plumbing, or mechanical installation.
B. All dangerous buildings or structures or dangerous electrical, plumbing, or
mechanical installations are hereby declared to be public nuisances and may be abated
by repair, rehabilitation, demolition or removal in accordance with the procedures
specified in Chapter 7.52 of this Title or by any other remedy available at law or in equity.
7.28.230 Illegal buildings, structures or installations.
A. All illegal buildings, structures or installations shall be made to conform to the
provisions of this Chapter or shall be demolished and removed.
B. Whenever necessary to assure compliance with the foregoing provisions, the owner
of any illegal building, structure or installation shall uncover any concealed portions of
such building, structure, electrical, plumbing, or mechanical installation for inspection and
shall perform such tests as may be required by the Building Official.
C. It is unlawful to use or maintain any illegal building, structure or installation or portion
thereof which was erected, installed, constructed, enlarged, altered, repaired, moved,
converted, or improved without a permit.
D. All illegal buildings, structures or installations or portions thereof are hereby
declared to be public nuisances and may be abated in accordance with the provisions
specified in Chapter 7.52 of this Title or by any other remedy available at law or in equity.
7.28.240 Existing buildings, structures or installations.
A. Except as required by Sections 7.32.090 and 7.34.090 of this code and Section
713.5 of the California Plumbing Code/Uniform Plumbing Code, buildings or structures,
electrical, plumbing or mechanical installations in existence at the time of the adoption of
the ordinance codified in this Chapter may have their existing use or occupancy continued
if such use or occupancy was legal at the time of adoption of the ordinance codified in
this Chapter and provided such continued use does not endanger the life, health,
property, or safety of the public or the occupants of such buildings or structures.
B. Electrical, plumbing and mechanical systems installed in apartments, hotels and
dwellings prior to January 1, 1975, shall be deemed to have conformed to applicable law
in effect at the time of installation and to have been maintained in good condition if such
systems are currently in good and safe condition and working properly.
7.28.250 Maintenance requirements.
A. All existing and new buildings or structures, electrical, plumbing and mechanical
installations, and parts thereof shall be maintained in a safe and sanitary condition. All
devices or safeguards which were required by the building, electrical, plumbing, and
mechanical codes when the building, structure, or installation was erected or installed
shall be maintained in good working order. The owner or his designated agent shall be
responsible for maintenance of all buildings, structures, installations or systems.
B. Private building sewers shall be maintained in a gastight and watertight condition.
Where private sewage disposal systems are permitted, the effluent therefrom shall be
contained beneath the surface of the ground level and within the property lines of the
premises.
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7.28.260 Code conflicts.
When any requirements of Chapters 7.24 7.28, 7.32, 7.34, 7.36, 7.40, 7.44, 7.45, 7.46,
7.48 or 7.94 of this Title and manufacturer's instructions conflict, the more stringent
provisions shall prevail.
7.28.270 Violation.
A. Any person who violates a provision of this Chapter or fails to comply with any of
the requirements thereof or who erects, constructs, alters or repairs a building or structure
in violation of the approved construction documents or directive of the Building Official, or
of a permit or certificate issued under the provisions of this Chapter, shall be prosecuted
in accordance with the provisions set forth in Section 1.04.030 of the Dublin Municipal
Code.
B. In addition to the penalties provided in Section 1.04.030 of the Dublin Municipal
Code, any condition caused or permitted to exist in violation of any of the provisions of
this Chapter shall be deemed a public nuisance and may be abated in accordance with
the provisions specified in Chapter 7.52 of this Title or by any other remedy available at
law or in equity.
7.28.280 Appeals.
A. Any person aggrieved by any decision of the Building Official in connection with the
application or interpretation of the provisions of this Chapter or in the approval of alternate
materials or methods of construction may appeal to the City Council. Such appeal shall
be in writing and filed within ten (10) days from the date of the Building Official's decision.
B. The City Council may, after a hearing, interpret any provision of this Chapter.
C. The City Council may, after a hearing, vary the application of the provisions of this
Chapter in any specific case if it determines that enforcement thereof would be contrary
to the spirit and purpose of this Chapter or to the public interest. In granting a variance,
the City Council may impose any requirements or conditions to mitigate any adverse
effects that may result from granting a variance.
D. In interpreting the provisions of this Chapter or in granting a variance the City
Council shall make the following findings:
1. That the interpretation or variance is consistent with the purpose of this Chapter;
and
2. That the interpretation or variance will not result in less protection to the people of
the City or the property situated therein.
E. The City Council may approve alternate materials or methods of construction as set
forth in Section 7.28.150 of this Chapter by overruling the decision of the Building Official.
In approving any alternate materials or methods of construction the City Council shall find
that such materials or methods of construction are for the purpose intended, at least the
equivalent of that prescribed by this Chapter in quality, strength, effectiveness, durability,
dimensional stability and safety.
F. The City Council may appoint a Board of Appeals to hear any specific appeal. The
Board of Appeals shall consist of five (5) members qualified by training and experience
to pass on matters pertaining to the subject matter of the appeal and to serve until the
disposition of the appeal. The Board of Appeals shall have the same authority and duties
as the City Council in interpreting this Chapter, granting variances, or approving alternate
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materials or methods of construction. The Building Official shall be an ex officio member
of the Board of Appeals and shall act as secretary to the Board. The Board of Appeals
shall adopt reasonable rules and regulations for conducting its hearings and
investigations. The decision of the Board of Appeals shall be final.
7.28.290 Revocation or modification of variance.
The City Council may, after a public hearing held upon not less than ten (10) days
notice, revoke or modify by written order any order permitting a variance. The City Council
shall serve notice of the time and place of a hearing to revoke or modify any order
permitting a variance not less than ten (10) days prior to such hearing, by personal
service, or by first class mail, postage prepaid, mailed to the person to whom such
variance was granted at the address shown in the application for such variance or to such
other address as may appear reasonable to the City Council under the particular
circumstances.
Article IV. Permit Requirements
7.28.300 Permit —Required.
A. Except as provided in Section 7.28.310, no person shall install, erect, construct,
enlarge, add to, alter, repair, move, remove, demolish, convert, occupy, equip or improve
any building, structure or facility, any electrical, plumbing or mechanical installation or
cause the same to be done without first obtaining a permit from the Building Official.
B. A separate permit shall be required for each building or structure, but the permit
may include pertinent accessories such as fences, retaining walls, exterior lighting,
underground utilities and sprinkler systems, provided such work is shown on the approved
plans or described on the application. The Building Official may authorize issuance of a
single permit for several buildings where in his or her opinion the convenience of the City
will be served.
C. For private water supply and private sewage disposal systems, a separate permit
or approval shall be secured from the Health Officer prior to issuance of a permit by the
Building Official. In addition, any permits or approvals required by the Zone 7 Water
Agency shall be secured prior to issuance of a permit by the Building Official.
D. Additional permits shall be required for pertinent accessories regulated by this
Chapter which are proposed to be constructed but not shown on the approved plans or
described on the application. A grading permit may also be required subject to the
provisions of Chapter 7.16 of this Title.
7.28.310 Exceptions.
A. No permit shall be required for any of the following work; provided however, permits
shall be required for electrical, plumbing and mechanical installations in any building or
structure listed in subsections (A)(1) through (A)(20) of this section, and permits shall be
required for all new construction and substantial improvements that are located within an
area of special flood hazard in accordance with Chapter 7.24 of this Title:
1. Open wire fences not more than sixteen (16) feet in height and all other type fences
not more than eight (8) feet in height;
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2. Retaining walls that are not more than three (3) feet in height, measured from the
top of the footing to the top of the wall, unless supporting a surcharge or ground slope
exceeding 1 (vertical):20 (horizontal) (5%) or impounding Class I, II or IIIA liquids. Note:
Among other items, the presence of a geogrid is a surcharge. See Section 2304.12.2.8
of the California Building Code/International Building Code for requirements for treatment
of wood used for retaining wall;
3. One (1) story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area does not exceed one hundred twenty
(120) square feet (see section 710A CA Building Code for wildfire exposure
requirements); Note: Offices, living rooms, sleeping areas and other similar habitable
uses do not qualify as an exempt accessory structure.
4. One (1) story buildings not more than four hundred (400) square feet in area used
exclusively for housing animals, poultry, livestock and similar animals and the storage of
necessary food, hay and grain for the animals housed therein;
5. Agricultural buildings as defined in Section 202 of the California Building
Code/International Building Code, on lots exceeding twenty (20) acres in area which are
located in an A zoning district and where the principal use of the land is agriculture;
6. Lath structures and similar sunshade structures detached from the main dwelling
without a solid roof, which are not more than ten (10) feet in height and one thousand
(1,000) square feet in area;
7. Awnings over doors and windows in a Group R-3 or Group U occupancy, supported
by an exterior wall that do not project more than fifty four (54) inches from the exterior
wall and do not require additional support;
8. Temporary construction offices and storage sheds, not associated and or used by
the public, which are used on a site where there is a valid building permit, grading permit
or which are used in connection with a construction project where no building permit or
grading permit is required; however, this provision shall not apply to such building
remaining on the site thirty (30) days after the completion of construction;
9. Temporary construction offices and storage sheds when stored in a contractor's
equipment yard; provided however, a permit shall be required if such offices or sheds are
used for any purpose whatsoever;
10. Decks, meeting all of the following conditions, not exceeding 200 square feet in
area, that that are not more than 30 inches above grade at any point, are not attached to
a dwelling and do not serve the exit door required by Section R311.2.
11. Treehouses or other structures which are designed to be used by children for play;
12. Flag poles, radio or TV antennas and towers, less than thirty-five (35) feet in height
when not attached to a building and less than twenty (20) feet in height when attached to
a building, except permits are required for dish -type antennas more than four (4) feet in
diameter;
13. Swimming, bathing and wading pools, and fish ponds not exceeding eighteen (18)
inches in depth;
14. Prefabricated swimming pools, spas or hot tubs accessory to a Group R-3
occupancy not exceeding four (4) feet in depth if resting on the surface of the ground or
a concrete slab on the ground;
15. Painting, papering, floor tile, carpeting and similar finish work;
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16. Nonfixed and moveable cases, counters, racks and partitions not over five (5) feet
nine (9) inches high;
17. Water tanks supported directly upon grade if the capacity does not exceed five
thousand (5,000) gallons and the ratio of height to diameter or width does not exceed two
to one (2:1);
18. Water storage tanks of any size if resting on the surface of the ground or on a
concrete slab on the ground when used only for watering livestock or irrigation;
19. Swings and other playground equipment accessory to detached one and two family
dwellings;
20. Sidewalks and driveways not more than thirty (30) inches above adjacent grade,
and not over a basement or story below and are not part of an accessible route.
21. The replacement of lamps or the connection of portable electrical appliances to
suitable receptacles which have been permanently installed;
22. Nonelectrical signs less than eight (8) feet in height; nonelectrical signs which do
not exceed three (3) pounds per square foot nor four (4) inches in thickness when
fastened flat against the wall of any building; and provided further, that the sign does not
extend above the top of the wall of the building;
23. Clearing stoppage or repairing leaks in pipes, valves, fittings or fixtures when such
repairs do not involve the replacement or rearrangement of pipes, valves, fittings or
fixtures;
24. Buildings and structures owned by a sanitary district used exclusively for storage,
collection, conveying and treating sewage;
25. Demolition or exploration work that may be necessary in order to determine
conditions in connection with a proposed addition or alteration to an existing building if an
application for a permit is on file and prior approval for the demolition or exploration work
is obtained from the Building Official;
26. Small or unimportant work when approved by the Building Official.
B. Exemption from the permit requirements of this Chapter shall not be deemed to
grant authorization for any work to be done in any manner in violation of the provisions of
this Chapter or any other law, ordinance, rule or regulation.
C. Any person may obtain inspection services for work exempt from the permit
requirements of this Chapter by applying for a permit for such work and paying the
applicable fee.
D. Emergency Repairs. Where equipment replacements and repairs must be
performed in an emergency situation, the permit application shall be submitted within the
next working day to the Building Official.
7.28.320 Permit —Application for permit.
Every application for permits shall be made in writing on the forms furnished for that
purpose. Every application shall include the following:
A. The location of the premises by address and by legal description or County
Assessor's description;
B. The name, address and phone number of the applicant;
C. The signature of the applicant or the applicant's authorized agent, who may be
required to submit evidence of such authority;
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D. Identify and describe the work to be covered by the permit for which application is
made;
E. A description of the proposed use and occupancy of the proposed building,
structure, or electrical, plumbing or mechanical installation and where existing buildings,
structures, electrical, plumbing or mechanical installations are located on the premises, a
complete description of the current and proposed use or occupancy of such buildings,
structures or installations;
F. Any other such information that may be reasonably required by the Building Official;
G. An authorization to enter the property for the purpose of inspecting the work without
an inspection warrant; and
H. An indication as to whether the building is to be heated and/or cooled.
I. State the valuation of the proposed work.
J. Include a nonconversion agreement signed by the applicant if the building in a flood
hazard area has enclosed areas below the lower floor.
7.28.330 Permit —Application —Submittal Documents.
A. Application shall be submitted in a digital format. When authorized by the Building
Official to be submitted in a paper format, a minimum of Five (5) sets of plans and two (2)
sets of specifications shall be submitted with each application for examination except that
plans and specifications shall not be required for small or unimportant work when
approved by the Building Official.
B. Engineering calculations, stress diagrams, soil investigation reports, geological
investigation reports, test data, electrical load calculations, gas and water supply demand
calculations and other data sufficient to show the correctness of the plans and
specifications and to assure that the proposed work will conform to all of the provisions
of this Chapter shall also be submitted when required by the Building Official. Plans and
specifications shall be prepared by a California licensed design professional (licensed
architect or registered engineer) when required by the Building Official. The owner shall
also submit a complete outline of the testing and inspection program proposed when
special inspection is required pursuant to Section 7.28.620 of this Chapter.
C. Deferred Submittals. For the purposes of this section, deferred submittals are
defined as those portions of the design that are not submitted at the time of the application
and that are to be submitted to the Building Official within a later specified period of time.
Deferral of any submittal items shall have prior written approval of the Building Official.
The licensed design professional of record shall list the deferred submittals on the plans
and shall submit the deferred submittal documents for review by the Building Official.
Submittal documents for deferred submittal items shall be submitted to the architect or
engineer of record who shall review them and forward them to the Building Official with a
notation indicating that the deferred submittal documents have been reviewed and that
they have been found to be in general conformance with the design of the building. The
deferred submittal items shall not be installed until their design and submittal documents
have been approved by the Building Official.
D. When it is required that documents be prepared by a California design professional,
the Building Official may require the owner to engage and designate on the building permit
application an architect or engineer who shall act as the architect or engineer of record.
If the circumstances require, the owner may designate a substitute architect or engineer
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of record who shall perform all the duties required of the original architect or engineer of
record. The Building Official shall be notified in writing by the owner if the design
professional of record is changed or is unable to continue to perform the duties. The
design professional of record shall be responsible for reviewing and coordinating all
submittal documents prepared by others, including deferred submittal items, for
compatibility with the design of the building.
7.28.340 Plans and specifications —Requirements.
A. Submittal documents consisting of construction documents, statement of special
inspections, geotechnical report and other data shall be submitted in three or more sets
with each permit application. The construction documents shall be prepared by a
California licensed design professional (a licensed architect or registered engineer) where
required by the statute. Where special conditions exist, the Building Official is authorized
to require additional construction documents to be prepared by a registered design
professional.
B. The first sheet of each set of plans shall contain the address or legal description of
the property where the work is proposed to be done, the name and address of the owner
of the property and the name, address and signature of the person who has prepared the
plans.
C. The plans shall include a plot plan which shall show the location of existing and
proposed buildings or structures. The plot plan shall also show the location of all existing
or proposed gas mains and services; water mains, water services, fire hydrants, sewer
mains; underground or overhead power and communication lines; poles and
transformers; waterways, storm drains, inlets, culverts, curbs, gutters, sidewalks, building
sewer, wells, septic tanks and drainage fields. The plans shall also include a grading and
drainage plan which shall show all existing elevations or contours and all proposed final
elevations and the elevation of the first floor. This plan shall also show how all portions of
the lot are to be drained and any necessary drainage structures. The grading and
drainage plan may be combined with the plot plan if such information can be clearly shown
on the plot plan.
D. Where balconies or other elevated walking surfaces have weather -exposed
surfaces, and the structural framing is protected by an impervious moisture barrier, the
construction document shall include details for all elements of the impervious moisture
barrier system. The construction documents shall include manufacturer's installation
instructions.
E. If the proposed work does not involve new buildings or structures and does not
change the configuration of existing buildings or structures the Building Official may waive
the requirements for a plot plan and grading or drainage plan. Where only minor grading
is proposed and existing drainage patterns are not materially affected and the proposed
work does not fall under the provisions of special flood hazard areas as set forth in
Chapter 7.24 of this Title, the Building Official may waive the requirements for a grading
and drainage plan.
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7.28.350 Permit —Application —Plats required.
A. Three (3) copies of a topographic plat prepared and signed by a licensed land
surveyor or a registered civil engineer shall be submitted with the application for a permit
for any new building or structure or building proposed to be moved.
B. The Building Official may waive the requirements for such a plat for minor buildings
or structures on parcels containing substantial existing development or where a plat has
been previously submitted for a permit and where there have been no substantial
changes in the elevations of the finished grade.
C. The plat shall show the location of all aboveground structures, retaining walls,
fences, poles, transformers, overhead power and communication lines, wells, fire
hydrants, drainage inlets, culverts, curbs, gutters, sidewalks, and waterways. The plat
shall also show the known or reported location of underground structures, such as
underground storm drains, water, sewer, gas, power and communication lines, septic
tanks, and drainage fields.
D. The plat shall be drawn to a scale and shall show contours at intervals of one (1)
foot or less on slopes up to three percent (3%) and contours at intervals not more than
five (5) feet on slopes more than three percent (3%). Contours shall extend to the center
of the street if not improved with curbs and gutters and need extend only to the gutter
when improved with curbs and gutters.
E. Plat of the entire parcel shall not be required for parcels exceeding one acre located
in a R-1 or A district, however, the following shall be provided:
1. Contours within one hundred (100) feet of any proposed building;
2. Contours or a profile of any existing or proposed access driveway. The Building
Official may waive this requirement when the applicant can otherwise demonstrate that
the access driveway in conformance with the City standards plans and specifications or
in accordance with the Director of Public Works.
F. A topographic plat is not required on any lot shown on any subdivision tract map if
such tract map was filed within five (5) years prior to the application for a permit.
G. The Building Official may require a plat of a property line survey where the exact
location of the property line is necessary for the enforcement of any of the provisions of
this Chapter. If, after the issuance of a permit, a question arises as to the exact location
of the property line, the Building Official may require a property line survey. Whenever a
property line survey has been made, the property line shall be located by appropriate
stakes or monuments and three copies of a plat of the survey shall be filed with the
Building Official.
H. Nothing contained herein shall be constructed as relieving the land surveyor or civil
engineer from complying with the provisions of the Land Surveyor's Act, Business and
Professions Code, beginning with Section 8700.
7.28.360 Permit —Issuance —Generally.
A. If it appears upon examination of the application, plans, specifications and other
information furnished by the applicant that the proposed work will conform to the
provisions of this Chapter and any other applicable laws, ordinances, rules, and
regulations, and upon payment of the prescribed fees, the Building Official shall issue a
permit to the applicant.
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B. When the Building Official issues a permit, he shall affix an official stamp of approval
on three sets of plans and specifications. One (1) set of plans and specifications shall be
retained by the City, one (1) set of plans and specifications shall be kept on the site of
the construction or work, and one (1) set of plans and specifications shall be provided to
the Office of the Alameda County Assessor. The approved plans shall not be changed
without approval of the Building Official. All work authorized by the permit shall be done
in accordance with the approved plans.
C. Permits are not transferable.
D. The set of plans and specifications retained by the City at the time of issuance of
the permit shall be retained by the Building Official for a period not less than ninety (90)
days from the date of the completion of the work covered therein, except that this
provision shall not apply to plans and specifications required to be retained by Section
19850 of the Health and Safety Code of the State of California.
7.28.370 Permit —Issuance —Restrictions.
Permits may be issued to any person not acting in violation of Chapter 7, Division 3, of
the Business and Professions Code of the State of California (Contractor's License Law).
7.28.380 Permittee responsibility.
It shall be the responsibility of a permittee to assure that all work authorized thereunder
is done in accordance with the provisions of this Chapter and any other applicable law,
ordinance, rule or regulations, and to make arrangements for the inspection of the work
by the Building Official. If after inspection by the Building Official, correction of work
completed is necessary, the holder of the permit shall be responsible for such correction.
7.28.390 Live Toads posted.
In commercial. institutional or industrial buildings, for each floor or portion thereof
designed for live loads exceeding 50 psf, such design live loads shall be conspicuously
posted by the owner or the owner's authorized agent in that part of each story in which
they apply, using durable signs. It shall be unlawful to remove or deface such notices. A
certificate of occupancy shall not be issued until the floor load signs have been installed.
7.28.400 Granting of permit not approval for violation.
A. The issuance of a permit or approval of plans and specifications shall not be
construed to authorize any violation of any of the provisions of this Chapter or any other
applicable laws, ordinances, rules, or regulations; and any permit or document purporting
to give authority to violate this Chapter, or any other law, ordinance, rule or regulation
shall not be valid except insofar as the work or use which it authorizes is lawful.
B. The issuance of a permit or approval based upon plans and specifications shall not
prevent the Building Official from thereafter requiring the correction of errors in such plans
and specifications or from preventing work being carried out thereunder in violation of this
Chapter or any other applicable law, ordinance, rule or regulation.
7.28.410 Permit —Expiration.
A. Permits issued pursuant to this Chapter having a valuation of less than one million
dollars ($1,000,000) shall expire one year from the date of issuance; and permits having
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a valuation of over one million dollars ($1,000,000) shall expire in two (2) years from the
date of issuance.
B. Exception: whenever a permit is issued to correct a violation of this Chapter, or any
other law, ordinance, rule or regulation, or to rehabilitate, repair, or demolish a
dangerous, substandard, illegal, unsafe or unsanitary building or structure, electrical,
plumbing or mechanical installation, or to otherwise abate a nuisance, the Building
Official shall establish a reasonable time for the completion of the work.
C. Where permits for more than one building on the same site or subdivision are
issued to the same applicant, the total valuation of all the permits shall be used for
determining when the permits expire.
7.28.420 Application— Expiration.
A. Every application for a permit shall expire six (6) months after the application and
accompanying plans and specifications have been checked by the Building Official.
B. Plans and specifications accompanying an expired application may be destroyed
ten (10) days from the date of mailing the applicant notice of intention to destroy said
plans and specifications.
7.28.430 Permit and Application —Extensions.
A. A permittee may request an extension of an issued permit prior to the expiration
date. The Building Official may grant, in writing, one or more extensions of time for
periods of not more than 180 days per extension. The permittee shall request an
extension pursuant to this subdivision in writing and demonstrate justifiable cause for the
extension.
B. Where work authorized by any permit has not commenced, extensions shall not be
allowed if there have been revisions to any applicable law, ordinance, rule or regulations
which would otherwise prohibit the proposed construction. Where work authorized by any
permit has commenced any extension shall also require all work to conform to any
applicable law, ordinance, rule, or regulation in effect at the time of the extension.
C. In requiring compliance with new laws, ordinances, rules or regulations, the Building
Official shall consider the practical difficulties in making changes to existing construction
and may allow work completed to remain without changes. The Building Official may also
allow uncompleted work to proceed in accordance with the original approved plans.
D. An extension may be allowed for an application for a permit, but the work shall
comply with applicable laws, ordinances, rules, and regulations in effect at the time of
issuance of the extension. The applicant shall request the extension in writing and
demonstrate justifiable cause for the extension. The extension request shall be received
by the City prior to the expiration date of the application. The Building Official may grant,
in writing, one or more extensions of time for periods of not more than 90 days per
extension.
E. In allowing an extension additional fees may be imposed to cover any additional
costs incurred by the City because of the extension.
7.28.440 Building Official —Authority to deny permit.
The Building Official may refuse to issue any permit where it cannot be demonstrated
that:
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A. The hazards of land slippage, erosion or settlement will be eliminated;
B. The proposed work will not be located on a trace of an active fault;
C. The proposed work will conform to Chapters 7.20 and 7.24 of this Title;
D. The placement of existing fills has not been subject to continuous inspection by a
special inspector as required by Section 1705.6 of the California Building
Code/International Building Code;
E. The private water supply will conform to Chapter 6 of the California Plumbing
Code/Uniform Plumbing Code;
F. The private sewage disposal system shall be in conformance with Section 713 of
the California Plumbing Code/Uniform Plumbing Code;
G. Whenever a licensed contractor has failed to make corrections as specified in
Sections 7.28.570 through 7.28.610 of this Chapter.
7.28.450 Permit —Suspension or revocation.
The Building Official may, in writing, suspend or revoke a permit issued under the
provisions of this Chapter whenever the permit has been issued in error, or on the basis
of incorrect information supplied, or in violation of this Chapter or any other applicable
laws, ordinances, rules, or regulations.
7.28.460 Fees —Generally.
The provisions of this Chapter apply to fees collected by the Building Official.
A. The City Council shall, by resolution, adopt a schedule of fees for permits,
reinspections, code compliance surveys, moved building inspections, plan and
specification storage fees, additional plan checking, hourly rates for inspection services
not covered by specific fees, and fees authorized by the Alquist-Priolo Geologic Hazards
Zones Act.
B. At time of issuance of any permit required by this Chapter, the applicant shall pay
the fees as established by resolution of the City Council.
C. Where work for which a permit is required by this Chapter is started or proceeds
prior to obtaining such permit, a penalty fee, in addition to the permit fee, shall be
assessed as follows:
Violation within two-year period
Penalty Fee
First
Equal to the permit fee
Second
Double the permit fee
Third and subsequent
Ten times the permit fee
The payment of such penalty fee shall not relieve any person from fully complying with
all of the provisions of this Chapter.
D. The payment of a penalty fee shall not be required where the work was done two
(2) years before the date it was determined that the work was done without a permit. A
penalty fee shall not be required when the work was done or caused to be done by a
previous owner of the property.
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E. The determination of value or valuation under any of the provisions of this Chapter
shall be made by the Building Official. The value to be used in computing the building
permit and permit processing fees shall be the total value of all construction work for
which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing,
heating, air conditioning, elevators, fire extinguishing systems and any other permanent
equipment at the time the permit is issued.
7.28.470 Permit processing fee.
Each application for a permit shall be accompanied by a fee equal to forty percent
(40%) of the total permit fee rounded off to the nearest dollar. The permit processing fee
shall be credited toward the total permit fee required. After permit processing has
commenced, no portion of the permit processing fee shall be refundable.
7.28.480 Refunds.
A. Sixty percent (60%) of any permit fee may be refunded to the applicant prior to the
expiration of the permit provided that the work authorized under the permit has not
commenced. Thirty percent (30%) of the permit fee may be refunded to the applicant after
a permit has expired provided that the work has not commenced, but in no case shall any
refund be allowed after one (1) year from the date of expiration of the permit. Requests
for refund shall be in writing. Any expenses incurred by the City other than the permit
processing fee may be deducted from the refund.
B. If there was an error in calculating the amount of the permit fee and such error
resulted in overpayment of the permit fee, the amount of overpayment may be refunded.
7.28.490 Fees —Partially completed work.
A. Where permits expire and the work has not been completed and a new permit is
subsequently issued for the completion of the work, the fee for the new permit shall be
based upon the fee schedule in effect at the time of issuance of the new permit based on
the valuation to complete the work as determined by the Building Official (not on the
original valuation assigned to the permit).
Completed Inspections
Percent of
Permit Fee
1.
If no inspections have been made
30
2.
If a foundation inspection has been made
27
3.
If the underground inspections have been made
24
4.
If the underfloor frame inspection has been made
21
5
If the rough electric and rough plumbing inspections all have
been made
18
6.
If the frame inspection has been made
15
7.
If the exterior lath inspection has been made
12
8.
If the insulation inspection has been made
9
9.
If the wallboard inspection has been made
6
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B. The fee determined by the foregoing shall be rounded to the nearest dollar.
C. The foregoing is intended to apply to conventional wood -frame construction and is
based on the number of inspections remaining to be made. Where the work is not
conventional wood -frame construction, or does not constitute a complete building, or is a
structure other than a building; the Building Official shall establish the fee based upon the
number of inspections remaining to be made. The fee so established shall not exceed
thirty percent (30%) or be Tess than six percent (6%); however, in no case shall the fee
be less than the minimum permit fee approved under Section 7.28.460 of this Chapter.
D. Where a new permit is applied for more than one (1) year after the expiration of the
original permit, the fee shall be based on the valuation of the work remaining to be done.
The valuation shall be determined by the Building Official based on the cost to complete
the work (not on the original valuation assigned to the permit) and the fees shall be based
upon the fee schedule in effect at the time of the issuance of the new permit.
7.28.500 Additional fees for changes.
A. After a permit has been issued, minor changes or additions may be allowed under
any permit when approved by the Building Official. However, additional fees shall be
required when the permit fee calculated for both the original work and the work in the
proposed change exceeds the original permit fee by ten percent (10%). The additional
fee shall be the difference between the original fee and the new fee.
B. Any change in use or in the number of guest rooms or dwelling units shall require
the submission of a new application and the payment of an additional fee.
C. Any change which does not increase the amount of the original permit fee by ten
percent (10%) but requires additional plan checking shall require the payment of a plan
checking fee.
D. No refund shall be allowed for changes which would decrease the amount of the
permit fee.
7.28.510 Reinspections.
Where an inspection is made and corrections are required and said corrections require
more than one reinspection, or where an inspection has been called for and the work to
be inspected is not ready for inspection, or where the approved plans and specifications
are not on the job site, a reinspection fee shall be paid prior to making the reinspection.
7.28.520 Code compliance survey.
The owner of any property on payment of the required fee may request an inspection
to determine if a building, structure or installation is in compliance with this Chapter and
the City zoning ordinance.
7.28.530 Inspection fee —Moved building.
Prior to application for permits to move a building, structure, electrical, plumbing or
mechanical installation, a moved building inspection shall be required.
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7.28.540 Plan and specification storage fee.
A plan and specification storage fee shall be paid at the time of issuance of a permit for
buildings for plans and specifications that are required to be maintained by Section 19850,
Health and Safety Code of the state of California.
7.28.550 Fees for additional plan checking.
A rechecking fee shall be paid prior to performing additional plan checking or prior to
approval of the plans where incomplete plans and specifications are submitted for
checking and complete rechecking is required, or where corrections are not completely
or correctly made and additional plan checking is required, or where changes are made
to the plans and specifications which require additional plan checking, or when the project
involves deferred submittal documents as defined in Section 7.28.330C of this Chapter.
7.28.560 Fees —Other inspection services.
The fee for other inspection services provided by the City for which no specific fee is
established shall be at an hourly rate.
Article V. Inspections
7.28.570 Generally.
All construction or work for which a permit is required shall be subject to inspection by
the Building Official and certain types of construction shall have continuous inspection by
special inspectors, as specified in Section 7.28.620 of this Chapter.
7.28.580 Approvals required.
A. No work shall be done on any part of the building or structure, electrical, plumbing
or mechanical installation beyond the point indicated in each successive inspection
without first obtaining the written approval of the Building Official. Such written approval
shall only be given after an inspection shall have been completed for each previous step
in the construction. Written approvals may be indicated on an inspection record card
which is provided for that purpose. All tests required by this Chapter shall be conducted
in the presence of the Building Official. If the work will not pass the test, necessary
corrections shall be made and the work shall be retested.
B. If the work inspected does not comply with this Chapter or any other applicable law,
ordinance, rule, or regulation, written notice shall be given indicating the nature of the
violation. Such notice may be delivered to the permittee, or the person in apparent control
of the work on the site, or may be posted in a conspicuous place on the site. Refusal,
failure or neglect to comply with such notice within ten (10) days shall be considered a
violation of this Chapter and any other applicable law, ordinance, rule or regulation.
C. Whenever a licensed contractor has failed to make corrections in the time specified
in the notice, the Building Official may refuse to issue permits for any other work to be
performed by such contractor at any location within the City until all necessary corrections
have been made.
D. Work requiring a permit shall not be commenced until the permit holder or the agent
of the permit holder shall have posted or otherwise made available an inspection record
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card such as to allow the Building Official conveniently to make the required entries
thereon regarding inspection of the work. This card shall be made available by the permit
holder until final approval has been granted by the Building Official.
7.28.590 Inspection required before use commences.
No work shall be covered, concealed or put to use until it has been tested, inspected,
and approved as prescribed by this Chapter and any other applicable law, ordinance, rule
or regulation. Any such work which has been covered or concealed before being
inspected, tested and approved shall be uncovered for inspection after notice to uncover
has been given by the Building Official.
7.28.600 Notification for inspections required.
The permittee or his agent shall notify the Building Official when construction work is
ready for inspection and make the necessary arrangement for inspection of the work for
each of the following inspections:
A. Underground. When the excavation for any underground gas, water, sewage,
steam, electrical lines, cables or conduits, or any ventilating ducts, septic tanks or fuel
tanks or drainage fields, which have been completed and all such lines, cable conduits or
ducts and tanks are in place and are ready for any required tests, but before backfilling;
B. Foundation. When the excavation for foundations is completed and forms and
required reinforcing steel are in place but before any concrete is placed;
C. Drainage for Retaining Walls. When any required drainage facility is in place but
before backfilling;
D. Underfloor. When all gas, water, steam, sewage, electrical lines, cables or conduits,
or any ventilating ducts are in place and ready for any required tests but before any
concrete, wood or steel flooring is placed;
E. Underfloor Framing. When all the underfloor framing, bracing and supports are in
place and when all underfloor, electrical, plumbing, and mechanical work is in place but
before any flooring is installed;
F. Lowest Floor Elevation. In flood hazard areas, upon placement of the lowest floor,
including a basement, and prior to further vertical construction, the elevation certification
required by the Chapter 7.24 of this code and Section 1612.4 of the Building Code or the
Residential Code, as applicable shall be submitted to the Floodplain Administrator;
G. Shearwall or Diaphragm. When shearwalls or diaphragms are installed and nailed
or otherwise fastened to the structural framework and all hold downs, drag ties, chord
splices, and anchor bolts are in place, but before any of the foregoing is covered or
concealed;
H. Rough. When the roof, walls, floors, framing, bracing and supports are in place and
all gas, water, drainage, and vent piping; all electrical cable, conduit, panels, outlets,
junction boxes and wiring; all ventilating ducts equipment, vents and flues are in place
and ready for any required tests but before any such work is covered or concealed;
I. Wood Frame. When all roof, wall, floor, framing, bracing, blocking, and chimneys are
in place and all electrical, plumbing and mechanical work is in place but before any such
work is covered or concealed;
J. Reinforced Concrete. When forms and reinforcing steel, sleeves, and inserts, and
all electrical, plumbing and mechanical work is in place but before any concrete is placed;
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K. Structural Steel. When all structural steel members are in place and all connections
are complete but before such work is covered or concealed;
L. Reinforced Masonry. In grouted brick masonry when the vertical steel is in place
and other reinforcing steel, bolts, anchors, and inserts are distributed. In masonry blocks
when the units are laid up, and any reinforcing steel, bolts, anchors, and inserts are in
place and when required cleanouts are installed but prior to placing any grout;
M. Types IV -A, IV-B, IV-C connection protection inspection. In buildings of Types IV -
A, IV-B, IV-C construction, where connection fire -resistance ratings are provided by wood
cover calculated to meet the requirements of Section 2304.10.1, inspection of the wood
cover shall be made after the cover is installed, but before any others coverings or finishes
are installed.
N. Insulation. When all insulation is in place but before the insulation is covered;
O. Lath. When all backing and lathing, interior and exterior, is in place but before any
plaster is applied;
P. Wallboard. When all wallboard is in place but before joints and fasteners are taped
and finished;
Q. Fire- and smoke -resistant penetrations. Protection of joints and penetrations in fire -
resistance -rated assemblies, smoke barriers and smoke partitions shall not be concealed
from view until inspected and approved.
R. Suspended Ceilings. When the hangers, lighting fixtures, sir diffusers, fire dampers,
protective boxes, and the runners and supporting members are in place but before the
ceiling is installed;
S. Fire Dampers. When the fire dampers are installed in the openings to be protected
but before the ducts are connected;
T. Weather Exposed Balcony and Walking Surface Waterproofing. Where balconies
or other elevated walking surfaces have weather -exposed surfaces, and the structural
framing is protected by an impervious moisture barrier, all elements of the impervious
moisture barrier system shall not be concealed until inspected and approved. Exception:
Where special inspections are provided in accordance with Section 1705.1.1, Item 3 of
the Building Code.
U. Flood hazard documentation. If located in a flood hazard area, documentation of
the elevation of the lowest floor as required in Section 1612.4 of the Building Code, shall
be submitted to the building official prior to the final inspection.
V. Final. When all construction work including electrical, plumbing and mechanical
work, exterior finish grading, required paving, and required landscaping is completed and
the building, structure or installation is ready to be occupied or used but before being
occupied or used.
7.28.610 Other inspections.
In addition to the foregoing called inspections, the Building Official may make or require
any other inspection of any construction work to ascertain compliance with the provisions
of this Chapter and any other applicable law, ordinance, rule, or regulation.
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7.28.620 Special inspections.
A. In addition to the inspections required by Sections 7.28.570 through 7.28.610 of this
Chapter, special inspections shall be provided in accordance with Chapter 17 of the
California Building Code/International Building Code.
B. The inspection program required to be submitted in Section 7.28.330 shall
designate the portions of the work to have special inspection and indicate the duties of
the special inspectors. The special inspector shall be employed by the owner, the
architect or engineer of record, or an agent of the owner, but not the contractor or any
other person responsible for the work. When structural observation is required by the
architect or engineer of record or the Building Official, the inspection program shall name
the individuals or firms who are to perform structural observation and describe the stages
of construction at which structural observation is to occur. The inspection program shall
include samples of inspection reports and provide time limits for submission of reports.
C. Structural observation or special inspection does not include or waive the
responsibility for inspections required by Section 1704 of the California Building
Code/International Building Code, Section 7.28.600 of this code, or other sections of this
code.
D. Exception. The Building Official may waive the requirement or the employment of a
special inspector if the construction is of a minor nature.
7.28.630 Inspections —Moved buildings, structures, installations or systems.
A. Notwithstanding the provisions of Section 7.28.240 of this Chapter, all existing
buildings or structures, including all electrical, plumbing or mechanical installations, and
all existing electrical, plumbing and mechanical installations which are moved into or
within the City shall comply with all the requirements of this Chapter for new buildings,
structures, or installation. Moved apartment houses and dwellings may retain existing
materials and methods of construction; provided however, this section shall not be
interpreted to permit such apartment houses and dwellings to become or continue to be
a dangerous building or substandard building.
B. Prior to issuance of a permit to move any building, structure, electrical, plumbing or
mechanical installation into or within the City, the Building Official shall inspect the
building, structure, electrical, plumbing or mechanical installation proposed to be moved
for compliance with this Chapter and any other law, ordinance, rule, or regulation. The
Building Official may require the applicant to remove all or a portion of the wall or ceiling
and any other material to inspect concealed portions of the building, structure, electrical,
plumbing or mechanical installation proposed to be moved. If after inspection of the
building, structure, electrical, plumbing or mechanical installation proposed to be moved,
the Building Official determines that it is not practical to alter the building, structure,
electrical, plumbing or mechanical installation so that it will comply with the foregoing
provisions, the Building Official may deny the application for a permit. The Building Official
shall notify the applicant in writing, stating the reason for such denial.
C. After the building has been moved it shall be placed upon a new foundation as soon
as practical but not later than one hundred twenty (120) days from the time the building
was moved to the site. If after one hundred twenty (120) days the building has not been
placed on the foundation, said building shall be deemed to be a public nuisance and may
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be abated in accordance with the procedures specified in Chapter 7.52 of this Title or by
any other remedy available at law or in equity.
Article VI. Occupancy
7.28.640 Generally.
No building, structure, electrical, plumbing, or mechanical installation or portion thereof
shall be occupied or used unless the Building Official has made final inspections and
approved the work regulated by this Chapter and all work required by other City
departments or other agencies has been inspected and approved by such department or
agency.
7.28.650 Approval to connect utilities.
No person shall supply water, electrical energy, or fuel gas to any building, structure,
electrical, plumbing or mechanical installation until the building, structure, electrical,
plumbing or mechanical installation has been inspected and approved by the Building
Official. The Building Official may withhold approval to supply water, electrical energy, or
fuel gas to any building, structure, electrical, plumbing or mechanical installation until
there is full compliance with the provisions of this Chapter or compliance with applicable
laws, ordinances, rules or regulations enforced by other agencies concerned with the
construction of such building, structure, electrical, plumbing, or mechanical installation.
7.28.660 Temporary or partial occupancy.
The Building Official may authorize the use or occupancy of all or portions of a building,
structure, electrical, plumbing, or mechanical installation prior to completion of the entire
building, structure, electrical, plumbing, or mechanical provided that the work completed
has been inspected and approved and that no hazard would result by such use or
occupancy. The Building Official in granting such authorization may impose any
reasonable conditions as may be necessary to protect life, health and property. Such
authorization may include a time limit and may be revoked for violation of conditions and
shall expire in the time specified. The Building Official may order any person supplying
water, electrical energy, or fuel gas to discontinue supplying water, electrical energy, or
fuel gas when authorization to use or occupy pursuant to this section has expired or been
revoked.
7.28.670 Authority to withhold approval to occupy.
A. The Building Official may withhold approval to occupy or use any building, structure,
electrical, plumbing or mechanical installations until all fees charged by the City for any
zoning application development approval, inspection fee or any other fee has been paid.
In the case of a subdivision this provision shall apply to all buildings or structures located
within said subdivision.
B. The Building Official may withhold approval to occupy or use any building,
structure, electrical, plumbing or mechanical installations until all development
improvements including off -site improvements have been completed and approved by
other City departments or any other agency concerned with said improvements.
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7.28.680 Change of Occupancy.
A building or structure shall not be used or occupied in whole or in part, and a change
of occupancy or a change of use of a building or structure or portion thereof shall not be
made, until the Building Official has made final inspections and approved the change of
occupancy. Approval to occupy shall not be construed as an approval of a violation of
the provisions of this code or of other ordinances of the City.
5195861.1
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Attachment 7
Exhibit D to the Ordinance
Chapter 7.32
BUILDING CODE
Sections:
7.32.010 Title.
7.32.020 Purpose.
7.32.030 Adoption of Building Codes.
7.32.040 Scope.
7.32.050 Exceptions.
7.32.060 Additions, alterations and repairs -Generally.
7.32.070 Additions, alterations and repairs -Code compliance.
7.32.080 Alterations and repairs -Apartment houses, hotels and
dwellings.
7.32.090 Additions -Apartment houses, hotels and dwellings.
7.32.100 Repair of roof covering.
7.32.110 Chapter 1 Division II, Administration -Deleted.
7.32.120 Section 202, Chapter 2, Definitions of Substantial Damage and
Substantial Improvement.
7.32.130 Section502.2.1, 502.2.2, 502.2.3, 502.2.4, Chapter 5, Address
illumination.
7.32.140 Section 507.14, Chapter 5, Front Restriction -Added.
7.32.150 Section 706.1, Chapter 7, Fire walls -Amended.
7.32.160 Section 701A.1, Chapter 7A, Scope -Amended.
7.32.170 Section 702A, Chapter 7A, Definitions -Amended.
7.32.180 Sections 903.2 Exception, 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2
Exception, 903.2.3#5, 903.2.4#2, 903.2.4#3, 903.2.7#2, 903.2.7#3,
902.2.7#4, 903.2.7.2, 903.2.9#3, 903.2.9#4, 903.2.9.1, 903.2.10,
and 903.2.10.1 — Deleted; 903.2.1.1#1, 903.2.1.2#1, 903.2.1.3#1.
903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.4#1, 903.2.7#1, 903.2.9,
903.2.9#1, 903.2.9#2, and 903.2.11.3 Amended; and 903.2.13 and
903.2.30 -Added.
7.32.190 Section 1505.1, Chapter 15, Fire Classification -Amended.
7.32.200 Table 1607.1, Chapter 16, Minimum Uniformly Distributed Live
Loads, Lo, and Minimum Concentrated Live Loads -Amended.
7.32.210 Section 1705.3, Exception 1, Chapter 17, Concrete Construction
— Amended.
7.32.220 Section 1905.1.7, Chapter 19, ACI 318, Section 14.1.4-Amended.
7.32.230 Table 2308.6.1, Chapter 23, Wall Bracing Requirements -
Amended.
7.32.240 Section 2308.6.9, Attachment of Sheathing -Amended.
7.32.250 Section 3115.1, Chapter 31, Prohibited Installations -Added.
7.32.260 Section 3203, Chapter 32, Signs -Added.
7.32.270 Section H101.2, Signs exempt from permits -Deleted.
7.32.280 Section 1010, Appendix Chapter 10, Building security — Added.
7.32.290 Section G101.4, Chapter Appendix G, Violations -Amended.
Page 1 of 23
1818
7.32.300 Section G101.5, Chapter Appendix G, Designation of floodplain
administrator -Amended.
7.32.010 Title.
The building codes adopted by section 7.32.030 and the provisions of this
Chapter shall constitute the Dublin Building Code and may be referred to as
such.
7.32.020 Purpose.
The promotion and preservation of the public health, safety and general welfare
of the people of the City and the property situated therein have made necessary
the adoption of the building codes referred to in Section 7.32.030 in order to
adequately safeguard life, health, property, and general welfare. The purpose of
this Code is not to create or otherwise establish or designate any particular class
or groups of persons who will or should be especially protected or benefited by
the terms of this Code.
7.32.030 Adoption of Building Codes.
A. The 2022 California Building Code, Part 2, Title 24 of the California Code of
Regulations, a portion of the California Building Standards Code, as defined in the
California Health and Safety Code Section 18901 et. seq. (hereinafter referred to
as the "State Code"), and any rules and regulations promulgated pursuant thereto
including the International Building Code, 2021 Edition, including Appendix
Chapters, C, F, G, H, and I, , as published by the International Code Council, and
as referenced in and adopted pursuant to California Health and Safety Code
Sections 17922 and 18935, (hereinafter referred to as the "IBC") are hereby
adopted and incorporated by reference herein.
The codes and standards referenced in this code shall be considered part of this
code to the prescribed extent of each such reference. Where the extent of the
reference to a referenced code or standard includes subject matter that is within
the scope of this code or the Mechanical, Plumbing, Housing, Fire or Energy
Codes, the provisions of these codes as applicable, shall take precedence over
the provisions in the referenced code or standard.
Copies of the adopted codes have been and are now filed in the Office of the
Building Official, 100 Civic Plaza, Dublin, California, for use and examination by
the public. Said codes are adopted by reference pursuant to Section 50022.4, et
seq., of the Government Code of the State of California, and the codes are hereby
adopted and incorporated as fully as if set out at length herein, and from the date
on which this Ordinance shall take effect, the provisions thereof shall be controlling
within the limits of the City of Dublin.
Page 2 of 23
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B. Notwithstanding the provisions of Section 7.32.030.A, the State Code and
the International Building Code are amended as set forth in Sections 7.32.110
through 7.32.300.
7.32.040 Scope.
A. The provisions of this Code shall apply to the installation, erection,
construction, enlargement, addition to, alteration, repair, relocation, removal,
demolition, conversion, replacement, equipment, use and occupancy, location,
replacement, and maintenance of every building or structure or any
appurtenances connected or attached to such buildings or structures within the
City.
B. The permissive provision of this Code shall not be presumed to waive any
limitations imposed by any other law, ordinance, rule, or regulation. If two or
more pertinent limitations are not identical, those limitations shall prevail which
provide greater safety to life, health, property, or public welfare.
C. Buildings shall be made accessible to persons with disabilities as required
by Title 24 California Code of Regulation. Whenever there is a conflict between
the provisions of this Code and Title 24, California Code of Regulations with
respect to the accessibility of buildings to persons with disabled, the provisions of
Title 24 shall prevail.
7.32.050 Exceptions.
The provisions of this Code shall not apply to:
A. Work located in a public street;
B. Trailer coaches, campers, mobile homes, motor vehicles, railroad cars, and
aircraft; however, if any of the foregoing are permanently placed on the ground or
have their wheels removed for other than temporary repairs, they shall comply
with all of the provisions of this Code;
C. Houseboats or other watercraft; however, if any of the forgoing are stored
out of the water and are used for any purpose whatsoever, they shall comply with
all of the provisions of this Chapter;
D. Towers or poles supporting communication lines or power transmission
lines;
E. Dams, flood control and drainage structures;
F. Portable amusement devices and structures, including merry-go-rounds,
ferris wheels, rotating conveyances, slides, similar devices, and portable
accessory structures whose use is necessary for the operation of such
amusement devices and structures but not including any storage building or
detached structure which is not an integral part of the device.
G. Detached one- and two-family dwellings and townhouses not more than
three stories above grade plane in height with a separate means of egress, and
their accessory structures not more than three stories above grade plane in
height, shall comply with this code or the Residential Code.
7.32.060 Additions, alterations and repairs -Generally.
Page 3 of 23
1820
Buildings or structures to which additions, alterations, or repairs are made shall
comply with all the requirements of this Code for new buildings or structures
except as specifically provided for in this section and Sections 7.32.070 through
7.32.100.
7.32.070 Additions, alterations and repairs -Code compliance.
Additions, alterations or repairs may be made to any building or structure
without requiring the existing building or structure to comply with all the
requirements of this Code, provided the addition, alteration or repair conforms to
that required for a new building or structure. Additions or alterations shall not be
made to an existing building or structure which will cause the existing building or
structure to be in violation of any of the provisions of this Code nor shall such
additions or alterations cause the existing building or structure to become unsafe.
An unsafe condition shall be deemed to have been created if an addition or
alteration will cause the existing building or structure to become structurally
unsafe or overloaded; will not provide adequate egress in compliance with the
provisions of this Code or will obstruct existing exits; will create a fire hazard; will
reduce required fire resistance or will otherwise create conditions dangerous to
human life. Any building so altered, which involves a change in use or
occupancy, shall not exceed the height, number of stories and area permitted for
new buildings. Any building plus new additions shall not exceed the height,
number of stories and area specified for new buildings. Additions or alterations
shall not be made to an existing building or structure when such existing building
or structure is not in full compliance with the provision of this Code.
7.32.080 Alterations and repairs -Apartment houses, hotels and
dwellings.
A. The provisions of Section 7.32.070 shall not prohibit the alteration or repair
of any legally established existing apartment house, hotel, dwelling or structure
accessory thereto which retains, replaces or extends the use of the original
materials or continued use of original methods of construction provided such
alteration or repair does not create or continue a dangerous building as defined
in Section 7.28.220, a substandard building as defined in Section 7.28.090 of the
Dublin Municipal Code. However, such alteration or repair shall not reduce any
required fire resistance below that specified by this Code, reduce the resistance
to lateral forces below that specified by this Code, or increase the stress or
deflection of any member so as to exceed that specified by this Code.
B. The provisions of Section 7.32.070 pertaining to additions shall not require
any legally existing apartment house, hotel, dwelling, or structure accessory
thereto to be made to conform to the provisions of this Code solely because of
the construction of the addition. However, this section shall not be constructed to
permit the addition to increase the stress or deflection of any existing member so
as to exceed that specified by the building code. Whenever an addition increases
the number of occupants which must exit through the existing building all of the
exit facilities serving the increased number of occupants shall comply with the
provisions of this Code.
Page 4 of 23
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C. Whenever a new dwelling unit is created either by new construction, or by
an alteration to an existing building, separate gas and electrical meters shall be
provided.
7.32.090 Additions -Apartment houses, hotels and dwellings.
Notwithstanding the provisions of Section 7.28.240 whenever alterations,
repairs, or additions requiring a permit or one (1) or more sleeping rooms are
added or created in existing Group R Occupancies, the entire building shall be
provided with smoke alarms and carbon monoxide alarms located as required for
new Group R Occupancies.
Furthermore, spark arrestors shall be installed on all chimneys connected to
solid burning fuel -burning appliances.
7.32.100 Repair of roof covering.
Roof coverings may be repaired or replaced with materials as set forth in
Section 7.32.190.
7.32.110 Chapter 1 Division II, Administration -Deleted.
Chapter 1 Division II is deleted.
7.32.120 Section 202, Chapter 2, Definitions of Substantial Damage and
Substantial Improvement — Added.
The definitions of "Substantial Damage" and "Substantial Improvement" in
Section 202 of the State Code are amended to read as follows:
Substantial Damage. Damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before -damaged condition would
equal or exceed 50 percent of the market value of the structure before the
damage occurred. The term also includes flood -related damage sustained by a
structure on two separate occasions during a 10-year period for which the cost of
repairs at the time of each such flood event, on average, equals or exceeds 25
percent of the market value of the structure before the damage occurred.
Substantial Improvement. Any one or more or any combination of repair,
reconstruction, rehabilitation, alterations, addition or other improvement of a
building or structure taking place during a 10-year period, the cumulative cost of
which equals or exceeds 50 percent of the market value of the structure before
the improvement or repair is started. For each building or structure, the 10-year
period begins on the date of the first permit issued for improvement or repair of
that building or structure subsequent to January 1, 2023. If the structure has
sustained substantial damage, any repairs are considered substantial
improvement regardless of the actual repair work performed. The term does not,
however, included either:
Page 5 of 23
1822
1. Any project for improvement of a building required to correct existing
health, sanitary or safety code violations identified by the building
official and that are the minimum necessary to assure safe living
conditions.
2. Any alteration of a historic structure provided that the alteration will not
preclude the structure's continued designation as a historic structure.
7.32.130 Sections 502.2.1, 502.2.2, 502.2.3, 502.2.4, Chapter 5, Address
illumination — Added.
Sections 502.2.1, 502.2.2, 502.2.3, 502.2.4 are added to read:
502.2.1 The address number(s) shall be illuminated during the hours of
darkness. The light source shall be provided with an uninterruptible AC
power source or controlled by a photoelectric device.
502.2.2 Exterior doors in commercial tenant space numbers shall be
addressed as required in section 502.1. Exception, dual doors may have
the addresses on one door or centered above the doors. In addition, all
rear doors or service doors will have the name of the business in 4-inch-
high lettering.
502.2.3 No other number may be affixed to a structure that might be
mistaken for, or confused with, the number assigned to the structure.
502.2.4 The assigned address, including the suite number, shall be
displayed on all electric meters in accordance with utility company
standards.
7.32.140 Section 507.14, Chapter 5, Frontage Restriction -Added.
A new Section 507.14 is added to read:
507.14 Frontage Restriction. The increase in area permitted by
Sections 506.3, 507.1 through 507.13 of this Section shall not be allowed
unless or until the owner of the required yard shall file an agreement
binding such owner, his heirs, and assignees, to set aside the required
yard as unobstructed space having no improvements. Such agreement
shall be recorded in the Alameda County Recorder's Office.
Exception: When using the public way for frontage increase.
7.32.150 Section 706.1, Chapter 7, Fire Walls -Amended.
Section 706.1 is amended by adding a new subsection 706.1.2 to read:
Page 6 of 23
1823
706.1.2 Fire walls shall not be considered to create separate buildings
for the purpose of automatic fire -sprinkler system requirements as set
forth in Chapter 9.
7.32.160 Section 701A.1, Chapter 7A, Scope -Amended.
Section 701A.1 is amended to read:
701A.1 Scope. This Chapter applies to building materials, systems
and/or assemblies used in the exterior design and construction of new
buildings located within a Wildland-Urban Interface (WUI) Fire Area as
defined in Section 702A or adjacent to open space or undeveloped land.
7.32.170 Section 702A, Chapter 7A, Definitions -Amended.
Section 702A is amended to add the following definitions:
Adjacent to Open Space. Shall mean commercial parcels and residential lots
which have a point of contact with open space.
Adjacent to Undeveloped Land. Shall mean commercial parcels and
residential lots which have a point of contact with Undeveloped Land.
Open Space. For the purpose of this Chapter, Open Space shall mean those
lands set aside to remain permanently undeveloped.
Undeveloped Land. For the purpose of this Chapter, Undeveloped Land shall
mean land which is available for development, but no Tentative Map, Master
Tentative Map or Development Agreement has been approved, and any land
designated for government use for which no development plan has been
approved.
7.32.180 Sections 903.2 Exception, 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2
Exception, 903.2.3#5, 903.2.4#2, 903.2.4#3, 903.2.7#2, 903.2.7#3,
902.2.7#4, 903.2.7.2, 903.2.9#3, 903.2.9#4, 903.2.9.1, 903.2.10,
and 903.2.10.1 — Deleted; 903.2.1.1#1, 903.2.1.2#1, 903.2.1.3#1.
903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.4#1, 903.2.7#1, 903.2.9,
903.2.9#1, 903.2.9#2, and 903.2.11.3 Amended; and 903.2.13 and
903.2.30 -Added.
Sections 903.2 Exception, 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2 Exception,
903.2.3#5, 903.2.4#2, 903.2.4#3, 903.2.7#2, 903.2.7#3, 902.2.7#4, 903.2.7.2,
903.2.9#3, 903.2.9#4, 903.2.9.1, 903.2.10, and 903.2.10.1 are deleted; Sections
903.2.1.1 #1, 903.2.1.2#1, 903.2.1.3#1. 903.2.1.4#1, 903.2.3#1, 903.2.4,
903.2.4#1, 903.2.7#1, 903.2.9, 903.2.9#1, 903.2.9#2, and 903.2.11, are amended
to read as follows; and Sections 903.2.13 and 903.2.30 are added to read as
follows:
Page 7 of 23
1824
903.2.1.1 Group A-1 Occupancies.
1. The fire area exceeds 3,000 square feet (279 m2).
903.2.1.2 Group A-2 Occupancies.
1. The fire area exceeds 3,000 square feet (279 m2).
903.2.1.3 Group A-3 Occupancies.
1. The fire area exceeds 3,000 square feet (279 m2).
903.2.1.4 Group A-4 Occupancies.
1. The fire area exceeds 3,000 square feet (279 m2).
903.2.3 Group E Occupancies.
1. Throughout all Group E fire areas greater than 3,000 square
feet (279 m2).
903.2.4 Group F Occupancies.
An automatic sprinkler system shall be provided throughout all
buildings containing a Group F occupancy where one of the
following conditions exists:
1. A Group F fire area exceeds 2,500 square feet (232 m2).
903.2.7 Group M Occupancies.
1. A Group M fire area exceeds 2,500 square feet (232 m2).
903.2.9 Group S Occupancies.
An automatic sprinkler system shall be installed in all Group S
occupancies as follows:
1. The fire area exceeds 2,500 square feet (232 m2);
2. Buildings with repair garages servicing vehicles parked in
basements.
903.2.11.3 Buildings Three Or More Stories in Height.
An automatic sprinkler system shall be installed in all occupancies,
regardless of type of construction, if the building is three or more stories or
more than 35 feet in height measured from the pad grade level to the highest
point of the building. An automatic sprinkler system shall be installed in all
other occupancies as may be required by the 2022 California Building and
Residential Code.
903.2.13 Group B Occupancies.
An automatic fire -extinguishing system shall be installed in Group B
occupancies where the floor area exceeds 3,000 square feet (279
m2).
Page 8 of 23
1825
903.2.30 All Occupancies.
An automatic fire -extinguishing system shall be installed in all
occupancies located more than one and one half (1'/2) miles from a fire
station providing fire protection to that location. Said distance shall be
measured in a straight line.
Buildings containing portions which are required to have an automatic
fire extinguishing system because of the number of stories shall have the
automatic fire extinguishing system installed throughout and fire walls as
set forth in Section 706 shall not be considered as creating separate
buildings for the purpose of this section.
Whenever an addition is made to an existing building, automatic fire -
extinguishing systems shall be installed if the existing building plus the
addition exceeds the area or height limitations set forth in this section.
Whenever the use of an existing 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.
(Sections 903.2 Exception, 903.2.1.2#4, 903.2.1.3#4, 903.2.3#2
Exception, 903.2.3#5, 903.2.4#2, 903.2.4#3, 903.2.7#2, 903.2.7#3,
902.2.7#4, 903.2.7.2, 903.2.9#3, 903.2.9#4, 903.2.9.1, 903.2.10, and
903.2.10.1 are deleted)
7.32.190 Section 1505.1, Chapter 15, Fire Classification -Amended.
Section 1505.1 is amended to read:
1505.1 General. Roof Assemblies shall be divided into the classes
defined below. Class A, B, and C roof assemblies and roof coverings
required to be listed by this section shall be tested in accordance with
ASTM E 108 or UL 790. In addition, fire -retardant -treated wood roof
coverings shall be tested in accordance with ASTM D 2898. The
minimum roof coverings installed on buildings shall comply with the
following:
1. Map of Fire Safe Roof Areas. Figure 15-1* is a map of Fire Safe
Roof
areas. Said map may be amended from time to time by including areas
which are
annexed to the City within one of the two roofing areas. Said amendments
may be
made by the Building Official after consultation, with the Chief of the Fire
Department having jurisdiction.
Page 9 of 23
1826
2. Roofing Area 1. Any new roof and any alteration, repair or
replacement for
buildings housing R & U occupancies in Roofing Area 1 shall use roof
covering
material that conforms to Class B or better or shall be made of concrete,
ferrous or copper metal, clay, slate or similar non-combustible material.
3. Roofing Area 2. Any new roof for buildings using roof covering
material
that conforms to Class C or better or shall be made of concrete, ferrous or
copper metal, clay, slate or similar non-combustible material.
4. Other Occupancies. Any new roof covering and any alterations,
repairs or
replacement of roof covering material for buildings housing all other
occupancies
shall conform to the requirements as set forth in Roofing Area 1.
Editor's Note: Figure 15-1 is on file in the office of the City Clerk.
7.32.200 Table 1607.1, Chapter 16, Minimum Uniformly Distributed Live
Loads, Lo, and Minimum Concentrated Live Loads -Amended.
Table 1607.1 is amended by adding a new Footnote e to read:
e. Bridges for vehicular traffic shall be designed for H2O loading as
designated by the American Association of State Highway Officials.
7.32.210 Section 1705.3 Exception 1, Chapter 17, Concrete Construction
— Amended.
Section, 1705.3 Exception 1 is amended to read:
1. Isolated spread concrete footings of buildings three stories or less above
grade plane that are fully supported on earth or rock, where the structural
design of the footing is based on a specified compressive strength, f'c, no
greater than 2,500 pounds per square inch (psi) (17.2 Mpa) regardless of
the compressive strength specified in the construction documents or used
in the footing construction.
7.32.220 Section 1905.1.7, Chapter 19, ACI 318, Section 14.1.4-Amended.
Section 1905.1.7, Delete ACI 318, Section 14.1.4 and replace with the following:
14.1.4 - Plain concrete in structures assigned to Seismic Design Category
C, D, E or F.
14.1.4.1- Structures assigned to Seismic Design Category C, D, E or F
shall not have elements of structural plain concrete, except as follows:
Page 10 of 23
1827
(a) Isolated footings of plain concrete supporting pedestals or columns are
permitted, provided the projection of the footing beyond the face of the
supported member does not exceed the footing thickness.
Exception:
In detached one- and two-family dwelling three stories or less in
height, the projection of the footing beyond the face of the
supported member is permitted to exceed the footing thickness.
(b) Plain concrete footing supporting walls are permitted, provided the
footings have at least two continuous longitudinal reinforcing bars.
Bars shall not be smaller than No. 4 and shall have a total area of not
less than 0.002 times the gross cross -sectional area of the footing. A
minimum of one bar shall be provided at the top and bottom of the
footing. Continuity of reinforcement shall be provided at corners and
intersections.
Exception:
In detached one- and two-family dwellings three stories or less in
height and constructed with stud bearing walls, plain concrete
footings -with at least two continuous longitudinal reinforcing bars
not smaller than No. 4 are permitted to have a total area of less
than 0.002 times the gross cross —sectional area of the footing.
7.32.230 Table 2308.6.1, Chapter 23, Wall Bracing Requirements —
Amended.
Table 2308.6.1 is amended by adding new footnotes "f" and "g" to read:
f. Methods PBS, HPS, and SFB are not permitted in Seismic
Design Category D and E.
g. Methods GB, DWB and PCP are not permitted in Seismic Design
Category E.
7.32.240 Section 2308.6.9, Attachment of Sheathing -Amended.
Section 2308.6.9, is amended by adding a second paragraph:
All braced wall panels shall extend to the roof sheathing and shall be
attached to parallel roof rafters or blocking above with framing clips (18
gauge minimum) spaced at maximum 24 inches (6096 mm) on center with
four 8d nails per leg (total eight 8d nails per clip). Braced wall panels shall
be laterally braced at each top corner and at maximum 24 inches (6096
mm) intervals along the top plate of discontinuous vertical framing.
7.32.250 Section 3116.1, Chapter 31, Prohibited Installations -Added.
A new Section 3115.1 is added to read:
Page 11 of 23
1828
3116.1 Prohibited Installations. It shall be unlawful to install a wood
burning fireplace or wood burning appliance that is not one of the
following:
1) Pellet -fueled wood heater,
2) EPA certified wood heater,
3) Fireplace certified by EPA
7.32.260 Section 3203, Chapter 32, Signs -Added.
A new Section 3203 is added to read:
3203 Signs. Signs when placed flat against the wall of a building shall not
project beyond the front property line more than 12 inches (305mm).
7.32.270 Section H101.2, Signs exempt from permits -Deleted.
Section H101.2 is deleted.
7.32.280 Section 1010, Appendix Chapter 10, Building security — Added.
Appendix Chapter 10 is added to read:
Section 1010 building security shall be in accordance with the Uniform Building
Security Code in addition to the following:
* Editor's Note: See Chapter 7.34 Residential Code for single family or
townhouse requirements.
(A) Addressing. All buildings shall be addressed as follows:
(1) Walkways serving six (6) or more individual units where the front entrance
is not parallel to the street and driveways servicing six (6) or more individual
dwelling units shall have minimum of 4-inch-high identification numbers, noting
the range of unit numbers placed at the entrance to each driveway at a height
between thirty-six (36) and forty-two (42) inches above grade. The address
numbers shall be illuminated during the hours of darkness. The light source shall
be provided with an uninterruptible AC power source or controlled only by a
photoelectric device.
(2) There shall be positioned at each street entrance of a multi- family
complex having more than one structure, an illuminated diagrammatic
representation (map) of the complex that shows the location of the viewer and
the unit designations within the complex. It shall be lighted during the hours of
darkness utilizing a light source, which is constructed of weather and vandal
resistant materials and provided with an uninterruptible AC power source or
controlled by a photoelectric device. Nothing in this section shall preclude the
requirement for circuit protection devices where applicable.
(3) If the building is adjacent to an alley, the number shall also be placed on
or adjacent to the rear gate accessing the alley. Any building with vehicular
Page 12 of 23
1829
access to the rear through a public or private alley shall display, in a clearly
visible location, a highly reflective or illuminated address number a minimum of
four (4) inches in height.
(4) Where more than one (1) building is accessed by a common street
entrance or there are multiple buildings on the same lot, each principal building
shall display the number or letter assigned to that building on each corner of the
building, as determined by the Building Official. These numbers shall be made
visible during the hours of darkness. The street name may also be required
when there is a secondary street frontage.
(5) Addressing shall not be obstructed by architectural structures such as
trellises, arbors, balconies, light fixtures and or landscaping.
(6) In Commercial Day Care or Education facilities, all interior and exterior
doors shall be provided with a room number on the door. A map of the facilities
detailing location of all rooms and their uses shall be kept on file at the facilities
on -site office.
(B) Exterior Openings. Exterior opening shall be as follows:
(1) Swinging exterior wood and steel doors shall be equipped as follows:
(a) A single or double door shall be equipped with a double- or single -
cylinder deadbolt. The bolt shall have a minimum projection of one (1)
inch and be constructed so as to repel cutting tool attack. The deadbolt
shall have an embedment of at least three -fourths (3/4) inch into the strike
receiving the projected bolt. The cylinder shall have a cylinder guard, a
minimum of five pin tumblers and shall be connected to the inner portion
of the lock by connecting screws of at least one-fourth (1/4) inch in
diameter. The provisions of this paragraph do not apply where: (a) panic
hardware is required, (b) conflicts with emergency egress requirements of
the building and fire codes or (C) an equivalent device is approved by the
authority having jurisdiction.
(b) Doorstop on a wooden jamb for an in -swing door shall be of one-piece
construction with the jamb joined by a rabbet.
(c) For the purpose of this section, doors leading from garage areas into a
dwelling are exterior doors.
(2) Double doors shall be equipped as follows:
(a) The inactive leaf of double door(s) shall be equipped with metal flush
bolts that have a minimum embedment of five -eighths (5/8) inch into the
head and threshold of the doorframe.
Page 13 of 23
1830
(b) Double doors shall have an astragal constructed of steel a minimum of
.125 inch thick, which will cover the opening between the doors. The
astragal shall be a minimum of two (2) inches wide and extend a minimum
of one (1) inch beyond the edge of the door to which it is attached. The
astragal shall be attached to the outside of the active door by means of
welding or with non -removable bolts spaced apart on not more than ten
(10) inch centers. (The door to which such an astragal is attached must
be determined by the fire safety codes adopted by the enforcing authority.)
(3) Aluminum frame swinging doors shall be equipped as follows:
(a) The jamb on all aluminum frame -swinging doors shall be so
constructed or protected to withstand 1,600 pounds of pressure in both a
vertical distance of three (3) inches and a horizontal distance of one (1)
inch each side of the strike, to prevent violation of the strike.
(b) A single or double door shall be equipped with a double cylinder
deadbolt with a bolt projection exceeding one (1) inch, or a hook shaped
or expanding dog bolt that engages the strike sufficiently to prevent
spreading. The deadbolt lock shall have a minimum of five pin tumblers
and a cylinder guard.
(4) Panic hardware, whenever required by the California Building Code or
Title 19, California Administration Code, shall be installed as follows:
(a) Panic hardware shall contain a minimum of two (2) locking points on
each door; or
(b) On single doors, panic hardware may have one locking point, which is
not to be located at either the top or bottom frame. The door shall have an
astragal constructed of steel .125 inch thick, which shall be attached with
non -removable pins to the outside of the door. The astragal shall extend a
minimum of six (6) inches vertically above and below the latch of the panic
hardware. The astragal shall be a minimum of two (2) inches wide and
extend a minimum of one (1) inch beyond the edge of the door to which it
is attached.
(c) Double doors containing panic hardware shall have an astragal
attached to the doors at their meeting point, which will close the opening
between them, but not interfere with the operation of either door. (The
astragal shall not interfere with the safe operation of emergency egress).
(5) Horizontal or Sliding Doors shall be installed as follows:
(a) In commercial occupancies, horizontal sliding doors shall be equipped
with a metal guide track at top and bottom and a cylinder lock and/or
Page 14 of 23
1831
padlock with a hardened steel shackle which locks at both heel and toe,
and a minimum five pin tumbler operation with non -removable key when in
an unlocked position. The bottom track shall be so designed that the door
cannot be lifted from the track when the door is in a locked position.
(b) In residential occupancies, locks shall be provided on all sliding patio
doors. The lock bolt on all glass patio doors shall engage the strike
sufficiently to prevent its being disengaged by any possible movement of
the door within the space or clearance provided for installation and
operation. The strike area shall be of material adequate to maintain
effectiveness of bolt strength.
(c) Sliding patio glass doors opening onto patios or balconies which are
less than one story above grade or are otherwise accessible from the
outside shall have the moveable section of the door sliding on the inside of
the fixed portion of the door or possess an approved secondary lock
mounted on interior of moveable section.
(6) In office buildings (multiple occupancy), all entrance doors to individual
office suites shall meet the construction and locking requirements for exterior
doors.
(7) In commercial occupancies, windows shall be deemed accessible if less
than twelve (12) feet above the ground. Accessible windows having a pane
exceeding ninety-six (96) square inches in an area with the smallest dimension
exceeding six (6) inches and not visible from a public or private thoroughfare
shall be protected with burglary resistant glazing or other approved methods as
determined by the Building Official.
(8) Side or rear windows of the type that can be opened shall, where
applicable, be secured on the inside with either a slide bar, bolt, crossbar,
auxiliary locking device, and/or padlock with a hardened steel shackle, a
minimum four pin tumbler operation.
(9) Protective bars or grills shall not interfere with the operation of opening
windows if such windows are required to be operable by the California Building
Code.
(10) All exterior transoms exceeding ninety-six (96) square inches on the
side and rear of any building or premises used for business purposes shall be
protected with burglary resistant glazing or other approved methods as
determined by the Building Official.
(11) Roof openings shall be equipped as follows:
Page 15 of 23
1832
(a) All skylights on the roof of any building or premises used by business
purposes shall be provided with:
(1) Rated burglary resistant glazing; or
(2) Iron bars of at least one-half (1/2) inch round or one by one-
fourth (1 x %) inch flat steel material under the skylight and securely
fastened; or
(3) Steel grills of at least one -eighth (1/8) inch material with a
maximum two (2) inches mesh under the skylight and securely
fastened.
(4) A monitored intrusion alarm system. The system shall be kept
operable at all times. The Chief of Police may require periodic
testing of the alarm system to verify proper operation.
(b) All hatchway openings on the roof of any building or premises used for
business purposes shall be secured as follows:
(1) If the hatchway is of wooden material, it shall be covered on the
inside with at least sixteen (16) U.S. gauge sheet metal, or its
equivalent, attached with screws.
(2) The hatchway shall be secured from the inside with a slide bar
or slide bolts. (Fire Department approval may be desired.)
(3) Outside hinges on all hatchway openings shall be provided with
non -removable pins when using pin -type hinges.
(c) All air duct or air vent openings exceeding ninety-six (96) square
inches on the roof or exterior walls of any building or premises used for
business purposes shall be secured by covering the same with either of
the following:
(1) Iron bars of at least one-half (1/2) inch round or one by one-
fourth (1 x'/4) inch flat steel material spaced no more than five (5)
inches apart and securely fastened; or
(2) Iron or steel grills of at least one -eighth (1/8) inch material with
a maximum two (2) inch mesh and securely fastened.
(3) If the barrier is on the outside, it shall be secured with bolts
which are non -removable from the exterior.
Page 16 of 23
1833
(4) The above must not interfere with venting requirements
creating a potentially hazardous condition to health and safety or
conflict with the provisions of the California Building Code or Title
19, California Administrative Code.
(12) Exterior roof ladders shall not be permitted.
(13) Exterior electrical or phone panels are not permitted in commercial
occupancies.
(14) Separation walls for individual commercial tenant spaces housed within
a common structure shall be solid with sheathing and continuous from the
structure's foundation to roof or floor / ceiling assembly. If both sides of the
tenant spaces are accessible, then each side shall be sheathed.
(15) Intrusion Devices.
(a) If the enforcing authority determines that the security measures and
locking devices described in this Chapter do not adequately secure the
building, due to special conditions, he/she may require the installation and
maintenance of an intrusion device (burglar alarm system).
(C) Landscaping.
(1) Shrubs and ground cover shall not directly cover windows and doorways.
(2) River rock used near parking lots or buildings shall be permanently
affixed.
(3) Open space and buildings shall be arranged to afford visibility and
opportunity for surveillance by on -site users and passers-by.
(4) Barriers, both real and symbolic, shall be designed to afford opportunities
for surveillance through the barrier.
(5) For residential development, backyard gates shall be the full height of the
wall or fence adjacent and capable of being locked.
(6) For residential development, walls or fences, if installed, shall be a
minimum of 6 feet in height when adjacent to any of the following:
Reverse frontage
Retention/detention areas
Parks
Commercial areas
Industrial areas
Bike paths
Page 17 of 23
1834
(D) Lighting. Lighting of buildings or complexes shall at a minimum be
illuminated as follows:
(1) A site plan shall be provided showing buildings, parking areas, walkways,
detailed landscaping and a point -by -point photometric calculation of the required
light levels.
(2) All exterior entrances shall be illuminated with a uniformly maintained
minimum level of one foot candle of light between ground level and 6 vertical feet
within a minimum radius of 15 feet from the center of the entrance between
sunset and sunrise.
(3) Postal Service "gang boxes" (group postal boxes) shall be illuminated
with a uniformly maintained minimum level of one foot candle of light.
(4) Lighting of all exterior areas shall be designed to maximize surveillance
and reduce conflicts with building design, mature landscaping, and to minimize
glare.
(5) Open stairways shall be illuminated with a minimum maintained five -
tenths (0.5) foot-candle of light in all landings and stair treads between sunset
and sunrise. Enclosed stairways and enclosed common corridors shall be
illuminated at all times with a minimum maintained one -foot candle of light on all
landings and stair treads.
(6) Private streets, alleys, and emergency access roads shall be illuminated
using the same standards as established for public thoroughfares.
(7) Aisles, passageways, pedestrian walkways and recessed areas related to
and within a building, a building complex, or providing access to a building or
building complex from a parking lot or right of way shall be illuminated with a
minimum uniformly maintained minimum level of one foot candle of light between
ground level and six vertical feet between sunset and sunrise or other methods
approved by the Building Official.
(8) Open parking lot and/or carport and refuse areas shall be provided with
and maintained to a minimum of one foot-candle of light on the parking surface.
The Building Official may approve a lower light level, if it can be demonstrated
that the lower level provides for sufficient security lighting.
(9) Covered parking lots or covered portions of parking lots shall be
illuminated with a uniformly maintained minimum level of one -foot candle of light
between ground level and 6 vertical feet between sunset and sunrise. Lighting
shall be designed so that architectural or structural features do not obstruct the
minimum light coverage.
Page 18 of 23
1835
(10) Parking structures or enclosed or partially enclosed parking lots shall be
illuminated with a uniformly maintained minimum level of two -foot candles of light
between ground level and 6 vertical feet between sunrise and sunset (daylight
hours).
(11) Lighting fixtures shall be so arranged as to illuminate light uniformly over
the parking surface and be tamper resistant.
(12) Public rest rooms, rooms identified for the general public and children's
recreation areas shall be provided with emergency lighting meeting section 1006
of this Code.
All light sources required by this section shall be: (a) controlled by a photocell
device or a time clock that will turn the lights on at dusk and off at dawn and (b)
protected by weather and vandal resistant covers.
(E) Garage Type (Vehicle) Doors. Garage -type doors, which are either
rolling overhead, solid overhead, swinging, sliding, or accordion style doors shall
conform to the following standards:
(1) Wood doors shall have panels a minimum of five -sixteenths (5/16) inch in
thickness with the locking hardware being attached to the support framing.
(2) Aluminum doors shall be a minimum thickness of .0215 inches and
riveted together a minimum of 18 inches on center along the outside seams.
There shall be a full width horizontal beam attached to the main door structure
which shall meet the pilot, or pedestrian access, door framing within 3 inches of
the strike area of the pilot or pedestrian access door.
(3) Fiberglass doors shall have panels a minimum density of 6 ounces per
square foot from the bottom of the door to a height of 7 feet. Panels above 7 feet
and panels in residential structures shall have a density not less than 5 ounces
per square foot.
(4) Doors utilizing a cylinder lock shall have a lock receiving point at each
outer edge of the door; or, if the door does not exceed 19 feet, a single bolt may
be used if placed in the center of the door with the locking point located either at
the floor or door frame header.
(5) Doors with slide bolt assemblies shall have frames a minimum of .120
inches of thickness, with a minimum bolt diameter of one half (1/2) inch and
protrude at least one and one half (1 %) inches into the receiving guide. A bolt
diameter of three -eighths (3/8) inch may be used in a residential building. The
slide bolt shall be attached to the door with non -removable bolts from the outside.
Rivets shall not be used to attach slide bolt assemblies.
Page 19 of 23
1836
(6) Padlocks used with exterior mounted slide bolts shall have a hardened
steel shackle locking at both heel and toe and a minimum five pin tumbler
operation with non -removable key when in an unlocked position. Padlocks used
with interior mounted slide bolts shall have a hardened steel shackle with a
minimum 4-pin tumbler operation.
(F) Emergency Access
(1) Private roads and parking areas or structures controlled by unmanned
mechanical parking type gates shall provide for emergency access as follows:
Radio frequency access or by providing the gate access code for
distribution to emergency responders. When an access code is to be utilized,
an illuminated control box is to be mounted on a control pedestal consisting of
a metal post/pipe, which shall be installed at a height of 42 inches and a
minimum of 15 feet (4.6m) from the entry/exit gate. It shall be located on the
driver's side of the road or driveway and accessible in such a manner as to
not require a person to exit their vehicle to reach it, nor to drive on the wrong
side of the road or driveway, nor to require any back-up movements in order
to enter/exit the gate.
(2) Non-residential multi -tenant buildings utilizing electronic access control
systems on the main entry doors, and enclosed retail shopping centers shall be
provided with a means to allow for police emergency access.
(3) Pedestrian gates/doors using an electromagnetic type lock shall install a
key switch within a telephone/intercom console or in a control housing, or other
method approved by the Building Official that will provide for police emergency
access. Options include radio frequency access or providing the gate access
code for distribution to emergency responders.
(4) All lockable pedestrian gates to residential recreation areas serving 6 or
more dwelling units, and gates or doors to common walkways or hallways of
residential complexes where there are 4 or more dwelling units within the
complex, shall provide for police emergency access utilizing an approved key
switch device or approved Knox box. The Knox box shall be installed adjacent to
each gate/door, securely attaching it to a fence or wall or location approved by
the Building Official.
(5) Pedestrian gate doors utilizing mechanical locks shall install a Knox box
adjacent to each gate/door, securely attaching it to a fence or wall
(G) Keying requirements
Upon occupancy by the owner or proprietor, each single unit in a tract or
commercial development, constructed under the same site development review,
Page 20 of 23
1837
shall have locks using combinations that are interchange free from locks used in
all other separate dwellings, proprietorships, or similar distinct occupancies.
(H) Laundry rooms or areas: Common area laundry rooms in multi -family
complexes shall be designed and protected as follows:
(1) Entry doors shall have:
(a) A minimum six hundred (600) square inch clear vision panel in the
upper half of the door, consisting of tempered glass;
(b) Automatic, hydraulic door closures;
(c) Self-locking door locks equipped with a deadlocking latch allowing
exiting by a single motion and openable from the inside without the use of
a key or any special knowledge or effort;
(d) Non -removable hinge pins for out -swinging doors to preclude removal
of the door from the exterior by removing the hinge pins; and
(e) A latch protector consisting of minimum 0.125-inch-thick steel
attached to the door's exterior by non -removable bolts from the exterior. It
shall be two (2) inches wide and extend a minimum of five inches above
and below the strike opening and extend a minimum of one (1) inch
beyond the edge of the door. It shall have a metal anti -spread pin a
minimum of one-half (1/2) inch in length.
(2) The laundry room shall be illuminated at all times with a minimum
maintained one -foot candle of light at floor level, using a non -interruptible power
source. There shall be no light switches inside the room that control light fixtures
used to meet this lighting requirement.
(3) Any portion of an openable window which is within eight (8) feet vertically
or six (6) feet horizontally from any accessible surface or any adjoining roof,
balcony, landing, stair tread, platform, or similar surface, or any climbable pole or
tree, or any surface providing a foothold, shall be secured as required by section
1018 of the Uniform Building Security Code.
(4) The interior of laundry rooms shall be visible from the exterior along
common walking or driving surfaces. Perimeter windows and interior mirrors
may be utilized to meet this requirement. Laundry rooms are to be located in
high activity areas with natural surveillance opportunities and not in remote or
isolated locations.
(I) Elevators
Elevators shall be designed as follows:
Page 21 of 23
1838
Elevator cabs, the interiors of which are not completely visible when the
door is open from a point centered on the 36 inches away from the door shall
have shatter resistant mirrors or other equally reflective material so placed as
to make visible the entire elevator cab from this point. The elevator cab shall
be illuminated at all times with a minimum maintained 2-foot candles of light
at floor level.
(J) Stairways
Except for private stairways, Stairways shall be designed as follows:
(1) Interior doors shall have glazing panels a minimum of 5 inches wide and
20 inches in height and meet requirements of the California Building Code.
(2) Areas beneath stairways at or below ground level shall be fully enclosed
or access to them restricted.
(3) Enclosed stairways shall have shatter resistant mirrors or other equally
reflective material at each level and landing and be designed or placed in such
manner as to provide visibility around corners.
(K) Parking structures.
(1) Parking structures shall be designed to restrict unauthorized access.
(2) Outside stairwells shall be open and not obstructed from view
(3) Security telephones with monitoring capability shall be located on every
level adjacent to pedestrian ingress/egress points. If pedestrian ingress/egress
points are more than 200 feet but less than 300 feet apart, additional security
telephones shall be located at the midpoint between pedestrian ingress/egress
points. If pedestrian ingress/egress points are more than 300 feet apart, security
telephones will be located at 100-foot intervals. Security telephones shall be
visible from all vehicular and pedestrian ingress/egress points and identified with
appropriate signage.
(4) Blind corners shall be provided with shatterproof convex mirrors to
improve visibility for both operators of vehicles and pedestrians.
(5) Doors shall be labeled with signage meeting the requirements of section
501.2
(6) Parking structures shall have the ceiling area of each floor or tier painted
and maintained white or other reflective color approved by the Building Official.
(L) Other requirements
Page 22 of 23
1839
(1) Storage Areas. Exterior storage area attached to a dwelling, apartment
or condominium and enclosed by a door shall comply with this section or have a
minimum 3/8" diameter hardened padlock hasp.
(2) Side Gates. Side gates shall be the full height of the adjacent fence or
wall and be capable of being locked. Side gates shall be secured with a slide bolt
mounted on the inside of the gate. The slide bolt shall have a bolt diameter of
three -eighths (3/8) inch and protrude at least one and one-half (1 1/z) inches into
the receiving guide. The slide bolt shall be attached to the gate with non -
removable bolts. Rivets shall not be used to attach slide bolt assemblies. The
slide bolt shall be mounted at a height that is not accessible by reaching over the
gate.
7.32.290 Section G101.4, Chapter Appendix G, Violations -Amended.
Section G101.4 is amended to read:
G101.4 Violations. Any violation of a provision of this appendix, or
failure to comply with a permit or variance issued pursuant to this appendix
or any requirement of this appendix, shall be enforced pursuant to Chapter
7.28 Dublin Municipal Code.
7.32.300 Section G101.5, Chapter Appendix G, Designation of floodplain
administrator -Amended.
Section G101.5 is amended to read:
G101.5 Designation of floodplain administrator. The Building Official
is designated as the floodplain administrator and is authorized and directed
to enforce the provisions of this appendix. The floodplain administrator is
authorized to delegate performance of certain duties to other employees of
the jurisdiction. Such designation shall not alter any duties and powers of
the Building Official.
5195888.1
Page 23 of 23
1840
Attachment 8
Exhibit E to the Ordinance
Chapter 7.34
RESIDENTIAL CODE
Sections:
7.34.010 Title.
7.34.020 Purpose.
7.34.030 Adoption of Residential Codes.
7.34.040 Scope.
7.34.050 Additions, alterations and repairs -Generally.
7.34.060 Additions, alterations and repairs -Code compliance.
7.34.070 Alterations and repairs.
7.34.080 Additions.
7.34.090 Repair of roof covering.
7.34.100 Chapter R1, Division II, Administration- Deleted.
7.34.110 Section 202, Chapter 2, Definitions of Substantial Damage and
Substantial Improvement — Added.
7.34.120 Table R301.2(1), Chapter R3 — Amended.
7.34.130 Section R301.2.4 Floodplain Construction — Amended.
7.34.140 Section R313.1 Exception, Chapter R3 Automatic Fire Sprinkler
Systems — Amended.
7.34.150 Section R313.2 Exception, Chapter R3 Automatic Fire Sprinkler
Systems — Amended.
7.34.160 Section R319.2, Chapter R3, Site Address - Added.
7.34.170 Section R322.1 Chapter R3, General — Amended.
7.34.180 Section R337.1.1 Chapter R3, Scope — Amended.
7.34.190 Section R337.2 Chapter R3, Definitions — Amended.
7.34.200 Section R350, Chapter R3, Building Security — Added.
7.34.210 Section R403.1.3, Chapter R4, Footing and stem wall
reinforcing in Seismic Design Categories Do, Di, D2 —
Amended.
7.34.220 Table R602.10.3(3), Chapter R6, Bracing Requirements —
Amended.
7.34.230 Section R602.10.4.4, Chapter R6, Limits on methods GB and
PCP — Added.
7.34.240 Section R902, Chapter 9, Fire Classification -Amended.
7.34.250 Section R1001.1.2 Chapter 10, Prohibited Installations —Added.
7.34.260 Chapters 11 through 43 are Deleted.
Pagc 1 of 13
1841
7.34.010 Title.
The residential codes adopted by section 7.34.030 and the provisions of this
Chapter shall constitute the Dublin Residential Code and may be referred to as
such.
7.34.020 Purpose.
The promotion and preservation of the public health, safety and general welfare
of the people of the City and the property situated therein have made necessary
the adoption of the residential codes referred to in Section 7.34.030 in order to
adequately safeguard life, health, property, and general welfare. The purpose of
this Code is not to create or otherwise establish or designate any particular class
or groups of persons who will or should be especially protected or benefited by
the terms of this Code.
7.34.030 Adoption of Residential Codes.
A. The 2022 California Residential Code, Part 2.5, Title 24 of the California Code
of Regulations, a portion of the California Building Standards Code, as defined in
the California Health and Safety Code Section 18901 et. seq. (hereinafter referred
to as the "State Code"), and any rules and regulations promulgated pursuant
thereto including the International Residential Code, 2021 Edition, including
Appendix Chapters AH, AQ, AX, and AZ as published by the International Code
Council, and as referenced in and adopted pursuant to California Health and
Safety Code Sections 17922 and 18935, (hereinafter referred to as the "IRC") are
hereby adopted and incorporated by reference herein.
Copies of the adopted codes have been and are now filed in the Office of the
Building Official, 100 Civic Plaza, Dublin, California, for use and examination by
the public. Said codes are adopted by reference pursuant to Section 50022.4, et
seq., of the Government Code of the State of California, and the codes are hereby
adopted and incorporated as fully as if set out at length herein, and from the date
on which this Ordinance shall take effect, the provisions thereof shall be controlling
within the limits of the City of Dublin.
B. Notwithstanding the provisions of Section 7.34.030.A, the State Code and
the IRC are amended as set forth in Sections 7.34.100 through 7.34.260.
7.34.040 Scope.
A. The provisions of this Code shall apply to the construction, alteration,
movement, enlargement, replacement, repair, equipment, use and occupancy,
location, maintenance, removal, and demolition of every detached one- and two-
family dwellings, townhouse not more than three stories above grade plane in
height with a separate means of egress and accessory structures not more than
three stories above grade plan in height throughout the City.
Page 2 of 13
1842
Exception: The following shall be permitted to be constructed in accordance
with this code where provided with automatic sprinklers systems complying with
Section R313:
1: Live/work units located in townhouses and complying with requirements
of Section 508.5 of the California Building Code.
2: Owner -occupied lodging houses with five or fewer guestrooms.
B. The permissive provision of this Code shall not be presumed to waive any
limitations imposed by any other law, ordinance, rule, or regulation. If two or
more pertinent limitations are not identical, those limitations shall prevail which
provide greater safety to life, health, property, or public welfare.
C. Buildings shall be made accessible to persons with disabilities as required
by Title 24 California Code of Regulation. Whenever there is a conflict between
the provisions of this Code and Title 24, California Code of Regulations with
respect to the accessibility of buildings, structures or spaces to persons with
disabilities, the provisions of Title 24 shall prevail.
D. See the California Energy Code for energy conservation requirements,
California Mechanical Code for mechanical requirements, California Plumbing
Code for plumbing requirements and the California Electrical Code for electrical
requirements. In addition, see the California Building Code for interior
environment requirements.
7.34.050 Additions, alterations and repairs -Generally.
Buildings or structures to which additions, alterations, or repairs are made shall
comply with all the requirements of this Code for new buildings or structures
except as specifically provided for in this section and Sections 7.34.060 through
7.34.090.
7.34.060 Additions, alterations and repairs -Code compliance.
Additions, alterations or repairs may be made to any building or structure
without requiring the existing building or structure to comply with all the
requirements of this Code, provided the addition, alteration or repair conforms to
that required for a new building or structure. Additions or alterations shall not be
made to an existing building or structure which will cause the existing building or
structure to be in violation of any of the provisions of this Code nor shall such
additions or alterations cause the existing building or structure to become unsafe.
An unsafe condition shall be deemed to have been created if an addition or
alteration will cause the existing building or structure to become structurally
unsafe or overloaded; will not provide adequate egress in compliance with the
provisions of this Code or will obstruct existing exits; will create a fire hazard; will
reduce required fire resistance or will otherwise create conditions dangerous to
human life. Any building so altered, which involves a change in use or
Page 3 of 13
1843
occupancy, shall not exceed the height, number of stories and area permitted for
new buildings. Any building plus new additions shall not exceed the height,
number of stories and area specified for new buildings. Additions or alterations
shall not be made to an existing building or structure when such existing building
or structure is not in full compliance with the provision of this Code.
7.34.070 Alterations and repairs.
A. The provisions of Section 7.34.060 shall not prohibit the alteration or repair
of any legally established existing one- and two-family dwelling or townhouse not
more than three stories above grade plane in height with a separate means of
egress or structure accessory thereto which retains, replaces or extends the use
of the original materials or continued use of original methods of construction
provided such alteration or repair does not create or continue a dangerous
building as defined in Section 7.28.020, a substandard building as defined in
Section 7.28.090. However, such alteration or repair shall not reduce any
required fire resistance below that specified by this Code, reduce the resistance
to lateral forces below that specified by this Code, or increase the stress or
deflection of any member so as to exceed that specified by this Code.
B. The provisions of Section 7.34.060 pertaining to additions shall not require
any legally existing one- and two-family dwelling or townhouse not more than
three stories above grade plane in height with a separate means of egress, or
structure accessory thereto to be made to conform to the provisions of this Code
solely because of the construction of the addition. However, this section shall not
be constructed to permit the addition to increase the stress or deflection of any
existing member so as to exceed that specified by the Building Code. Whenever
an addition increases the number of occupants which must exit through the
existing building, all of the exit facilities serving the increased number of
occupants shall comply with the provisions of this Code.
C. Whenever a new dwelling unit is created either by new construction, or by an
alteration to an existing building, separate gas and electrical meters shall be
provided, except where Government Code Section 65852.22 provides an
exception to such a requirement.
7.34.080 Additions.
Notwithstanding the provisions of Section 7.28.240, whenever alterations,
repairs, or additions requiring a permit or one (1) or more sleeping rooms are
added or created in existing Group R, Division 3 Occupancies, the entire building
shall be provided with smoke alarms and carbon monoxide alarms located as
required for new Group R, Division 3 Occupancies.
Furthermore, spark arrestors shall be installed on all chimneys connected to
solid burning fuel -burning appliances.
Page 4 of 13
1844
7.34.090 Repair of roof covering.
Roof coverings may be repaired or replaced with materials as set forth in
Section 7.32.180 of the Dublin Municipal Code.
7.34.100 Chapter R1, Division II Administration -Deleted.
Chapter R1 Division II is deleted.
7.34.110 Section 202, Chapter 2, Definitions of Substantial Damage and
Substantial Improvement.
The definitions of "Substantial Damage" and "Substantial Improvement" in
Section 202 of the State Code are amended to read as follows:
Substantial Damage. Damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before -damaged condition would
equal or exceed 50 percent of the market value of the structure before the
damage occurred. The term also includes flood -related damage sustained by a
structure on two separate occasions during a 10-year period for which the cost of
repairs at the time of each such flood event, on average, equals or exceeds 25
percent of the market value of the structure before the damage occurred.
Substantial Improvement. Any one or more or any combination of repair,
reconstruction, rehabilitation, alterations, addition or other improvement of a
building or structure taking place during a 10-year period, the cumulative cost of
which equals or exceeds 50 percent of the market value of the structure before
the improvement or repair is started. For each building or structure, the 10-year
period begins on the date of the first permit issued for improvement or repair of
that building or structure subsequent to January 1, 2023. If the structure has
sustained substantial damage, any repairs are considered substantial
improvement regardless of the actual repair work performed. The term does not,
however, included either:
1. Any project for improvement of a building required to correct existing
health, sanitary or safety code violations identified by the building
official and that are the minimum necessary to assure safe living
conditions.
Any alteration of a historic structure provided that the alteration will not preclude
the structure's continued designation as a historic structure.
Page 5 of 13
1845
7.34.120 Table R301.2, Chapter R3 — Amended.
Table R301.2 is amended to read:
GROUND
SNOW
LOAD °
WIND DESIGN
SEISMIC DESIGN
CATEGORY
Speed
(mph)
Topographic
Effects k
Special wind
region 1
Windborne
debris zone
N/A
92
NO
NO
NO
D2
SUBJECT TO DAMAGE FROM
ICE BARRIER
UNDERLAYMENT
REQUIRED h
FLOOD
HAZARDS g
AIR
FREEZING
INDEX
MEAN
ANNUAL
TEMP
Weathering
a
Frost line
depth b
Termite °
Negligible
12"
Very Heavy
NO
9/14/19872%
See FIRM
58.7
MANUAL J DESIGN CRITERIA n
Elevation
Altitude
correction
factor e
Coincident
wet bulb
Indoor winter
design relative
humidity
Indoor winter
design dry-
bulb
temperature
Outdoor
Winter
design dry-
bulb
temperature
Heating
temperature
difference
200
1
67
75%
68%
32
36
Latitude
Daily
range
Indoor
summer
design
relative
humidity
Indoor summer
design dry-bulb
temperature
Outdoor
summer
design dry -
bulb
temperature
Cooling temperature
difference
38
35
75%
75%
90
15
7.34.130 Section R301.2.4 Floodplain Construction — Amended.
Section R301.2.4 is amended to read:
Buildings and structures constructed in whole or in part in flood hazard
areas (including A or V Zones) as established in Table R301.2(1), and
substantial improvement and repair of substantial damage of buildings and
structures in floor hazard areas, shall be designed and constructed in
accordance with ASCE24. Buildings and structures that are located in more than
one flood hazard area shall comply with the provisions associated with the most
restrictive flood hazard area.
7.34.140 Section R313.1 Exception, Chapter R3 Townhouse Automatic
Fire Sprinkler Systems — Amended.
Section R313.1 Exception is amended to read:
Page 6 of 13
1846
Exception: An automatic sprinkler systems shall not be required where
additions or alteration are made to existing townhouses that do not have an
automatic sprinkler system installed, provided that the total square footage of the
existing building plus the addition does not exceed 3600 square feet (334m2).
Additions or alteration that remove 50 percent or more of the existing exterior
walls of a dwelling shall be considered a new dwelling for the purposes of
Section R313.1.
7.34.150 Section R313.2 Exception 1, Chapter R3 One and Two-family
Dwellings Automatic Fire Sprinkler Systems — Amended.
Section R313.2 Exception 1 is amended to read:
Exception: 1. An automatic residential fire sprinkler system shall not be
required for additions or alteration to existing building that are not already
provided with an automatic residential sprinkler system, provided that the total
square footage of the existing building plus the addition does not exceed 3600
square feet (334m2). Additions or alteration that remove 50 percent or more of
the existing exterior walls of a dwelling shall be considered a new dwelling for the
purposes of Section R313.2.
7.34.160 Section R319.2, Chapter R3, Site Address - Added.
Section R319.2, is added to read:
R319.2 Address Location. Address shall be installed in the following
locations:
1 Walkways serving six (6) or more individual units where the front entrance
is not parallel to the street and driveways servicing six (6) or more individual
dwelling units shall have minimum of four (4) inch high identification numbers,
noting the range of unit numbers placed at the entrance to each driveway at a
height between thirty-six (36) and forty-two (42) inches above grade. The
address numbers shall be illuminated during the hours of darkness. The light
source shall be provided with an uninterruptible AC power source or controlled
only by a photoelectric device or photovoltaic powered.
2. No other number may be affixed to a structure that might be mistaken for,
or confused with, the number assigned to the structure.
3. If the building is adjacent to an alley, the number shall also be placed on or
adjacent to the rear gate accessing the alley.
4. For multifamily buildings with recessed entryway over 2 feet, an additional
lighted address shall be placed at the entryway to the recessed area. If the
recessed area provides access to more than one dwelling unit, the range of units
shall be displayed.
Page 7 of 13
1847
5. Each principal building of a multifamily complex shall display the number
or letter assigned to that building on each corner of the building at a height that
will prevent the number from being obscured by landscaping.
6. Any building with vehicular access to the rear through a public or private
alley shall display, in a clearly visible location, a highly reflective or illuminated
address number a minimum of four (4) inches in height.
7. Address numbers shall not be obstructed by architectural structures such
as trellises, arbors, balconies, light fixtures and or landscaping.
7.34.170 Section R322.1 Chapter R3, General — Amended.
Section R322.1 is amended to read:
R322.1 General. Buildings and structures constructed in whole or in part in
flood hazard areas, including A or V Zones and Coastal A Zones, as established
in Table R301.2(1), and substantial improvement and repair of substantial
damage of buildings and structures in flood hazard areas, shall be designed and
constructed in accordance with ASCE24 Buildings and structures that are located
in more than one flood hazard area shall comply with the provisions associated
with the most restrictive flood hazard area.
7.34.180 Section R337.1.1 Chapter R3, Scope — Amended.
Section R337.1.1 is amended to read:
R337.1.1 Scope. Section R337 and all subsections apply to building
materials, systems and or assemblies used in the exterior design and
construction of new buildings located within a Wildland-Urban Interface
(WUI) Fire Area as defined in Section R337.2 or adjacent to open space or
undeveloped land.
7.34.190 Section R337.2 Chapter R3, Definitions — Amended.
Section 337.2 is amended to add the following definitions:
Adjacent to Open Space. Shall mean commercial parcels and residential lots
which have a point of contact with open space.
Adjacent to Undeveloped Land. Shall mean commercial parcels and
residential lots which have a point of contact with Undeveloped Land.
Open Space. For the purpose of this Chapter, Open Space shall mean those
lands set aside to remain permanently undeveloped.
Undeveloped Land. For the purpose of this Chapter, Undeveloped Land shall
mean land which is available for development, but no Tentative Map, Master
Page 8 of 13
1848
Tentative Map or Development Agreement has been approved, and any land
designated for government use.
7.34.200 Section R350, Chapter R3, Building Security — Added.
Section R350 is added to read:
R350.1 Building Security. Residential building security shall be in accordance
with the Uniform Building Security Code in addition to the following:
R350.2 Exterior doors: Each exterior door shall be secured as follows:
1. Exterior doors (excluding glass patio doors) and doors leading from
garage areas into dwellings shall be equipped with a dead bolt lock with
one -inch (1") throw.
2. Pairs of doors shall have flush bolts with a minimum throw of five -eighths
inch (5/8") at the head and foot (floor and ceiling) of the inactive leaf.
3. Doorstop on a wooden jamb for an in -swing door shall be of one-piece
construction with the jamb joined by a rabbet.
4. Locks shall be provided on all sliding patio doors.
5. Sliding patio glass doors opening onto patios or balconies which are less
than one story above grade or are otherwise accessible from the outside
shall have the moveable section of the door sliding on the inside of the
fixed portion of the door or possess an approved secondary lock mounted
on interior of moveable section.
6. The lock bolt on all glass patio doors shall engage the strike sufficiently
to prevent its being disengaged by any possible movement of the door
within the space or clearance provided for installation and operation. The
strike area shall be of material adequate to maintain effectiveness of bolt
strength.
R350.3 Landscaping.
1. Shrubs and ground cover shall not directly cover windows and doorways.
2. River rock used near parking lots or buildings shall be permanently
affixed.
3. Backyard gates shall be the full height of the wall or fence adjacent and
capable of being locked.
4. Open space and buildings shall be arranged to afford visibility and
opportunity for surveillance by on -site users and passers-by.
Page 9 of 13
1849
5. Barriers, both real and symbolic, shall be designed to afford opportunities
for surveillance through the barrier.
6. For residential development, walls or fences, if installed, shall be a
minimum of 6 feet in height when adjacent to any of the following:
• Reverse frontage,
• Retention/detention areas,
• Parks, Commercial areas,
• Industrial areas, or
• Bike paths.
R350.4 Garage Type (Vehicle) Doors. Garage -type doors, which are either
rolling overhead, solid overhead, swinging, sliding, or accordion style doors shall
conform to the following standards;
1. Wood doors shall have panels a minimum of five -sixteenths (5/16) inch in
thickness with the locking hardware being attached to the support framing.
2.Aluminum doors shall be a minimum thickness of .0215 inches and riveted
together a minimum of 18 inches on center along the outside seams. There shall
be a full width horizontal beam attached to the main door structure which shall
meet the pilot, or pedestrian access, door framing within 3 inches of the strike
area of the pilot or pedestrian access door.
3. Fiberglass doors shall have panels a minimum density of 6 ounces per
square foot from the bottom of the door to a height of 7 feet. Panels above 7 feet
and panels in residential structures shall have a density not less than 5 ounces
per square foot.
4. Doors utilizing a cylinder lock shall have a lock receiving point at each
outer edge of the door; or, if the door does not exceed 19 feet, a single bolt may
be used if placed in the center of the door with the locking point located either at
the floor or door frame header.
5. Doors with slide bolt assemblies shall have frames a minimum of .120
inches of thickness, with a minimum bolt diameter of one half (1/2) inch and
protrude at least one and one half (1 1/2) inches into the receiving guide. A bolt
diameter of three -eighths (3/8) inch may be used in a residential building. The
slide bolt shall be attached to the door with non -removable bolts from the outside.
Rivets shall not be used to attach slide bolt assemblies.
R350.5 Emergency Access. Private roads and parking areas or structures
controlled by unmanned mechanical parking type gates shall provide for police
emergency access as follows:
Page 10 of 13
1850
1. Radio frequency access or by providing the gate access code for
distribution to emergency responders. When an access code is to be utilized, an
illuminated control box shall be mounted on a control pedestal consisting of a
metal post/pipe which shall be installed at a height of 42 inches and a minimum
of 15 feet (4.6m) from the entry/exit gate. It shall be located on the driver's side
of the road or driveway and accessible in such a manner as to not require a
person to exit their vehicle to reach it, nor to drive on the wrong side of the road
or driveway, nor to require any back-up movements in order to enter/exit the
gate.
2. All lockable pedestrian gates to residential recreation areas serving 6 or
more dwelling units, and gates or doors to common walkways or hallways of
residential complexes where there are 4 or more dwelling units within the
complex, shall provide for police emergency access utilizing an approved key
switch device or approved Knox box.
3. Pedestrian gates/doors using an electromagnetic type lock shall install a
key switch within a telephone/intercom console or in a control housing, or other
method approved by the Building Official that will provide for police emergency
access. See 350.5.1 for options.
4. Pedestrian gate/doors (including pedestrian gates/doors in pool
enclosures and recreational facilities) utilizing mechanical locks shall install a
Knox box adjacent to each gate/door, securely attaching it to a fence or wall.
R350.6 Keying requirements. Upon occupancy by the owner or proprietor,
each single unit in a tract constructed under the same site development review,
shall have locks using combinations that are interchange free from locks used in
all other separate dwellings, proprietorships, or similar distinct occupancies.
R350.7 Other requirements
1. Storage Areas. Any exterior storage area attached to a dwelling
enclosed by a door shall comply with this section or have a minimum 3/8"
diameter hardened padlock hasp.
2. Side Gates. Side gates shall be the full height of the adjacent fence or
wall and be capable of being locked. Side gates shall be secured with a slide bolt
mounted on the inside of the gate. The slide bolt shall have a bolt diameter of
three -eighths (3/8) inch and protrude at least one and one-half (1 '/2) inches into
the receiving guide. The slide bolt shall be attached to the gate with non -
removable bolts. The slide bolt shall be mounted at a height that is not
accessible by reaching over the gate.
7.34.210 Section R403.1.3, Chapter R4, Footing and stem wall
reinforcing in Seismic Design Categories Do, Di, D2. — Amended.
Page 11 of 13
1851
Section R403.1.3 is amended to read:
R403.1.3 Footing and stem wall reinforcing in Seismic Design
Categories Do, Di, D2. Concrete footings located in Seismic Design Categories
Do, Di and D2, as established in Table R301.2, shall have minimum
reinforcement of at least two continuous longitudinal reinforcing bars, one top
and one bottom and not smaller than No. 4 bars. Bottom reinforcement shall be
located a minimum of 3 inches (76 mm) clear from the bottom of the footing.
7.34.220 Table R602.10.3(3), Chapter R6, Bracing Requirements —
Amended.
Table R602.10.3(3) is amended by adding a new footnote "i" to read:
i. Methods PBS, HPS, SFB and CS-SFB are not permit in Seismic Design
Categories Do, Di, and D2 .
j. Methods GB, DWB and PCP are not permitted in Seismic Design
Categories Do, Di, and D2 where Si is greater than or equal to 0.75.
Add the "i, j" footnote notation in the title of Table R602.10.3(3) to read:
TABLE R602.10.3(3)1, i
7.34.230 Section R602.10.4.5, Chapter R6, Limits on methods GB and
PCP — Added.
A new Section R602.10.4.5 is added to read:
R602.10.4.5 Limits on methods GB and PCP. In Seismic Design
Categories Do, Di, and D2, Method GB is not permitted for use as intermittent
braced wall panels, but gypsum board is permitted to be installed when required
by this Section to be placed on the opposite side of the studs from other types of
braced wall panel sheathing. In Seismic Design Categories Do, Di, and D2, the
use of Method PCP is limited to one-story single-family dwellings and accessory
structures.
7.34.240 Section R902, Chapter 9, Fire Classification -Amended.
Section R902.1 is amended to read:
R902.1 Roof covering materials. Roofs shall be covered with materials
as set forth in Sections R904 and R905. A minimum Class A, B or C
roofing shall be installed in areas as designated below or where the edge
of the roof is less than 3 feet from a lot line. Class A, B and C roofing
required by this section to be listed shall be tested in accordance with UL
790 or ASTM E 108.
Page 12 of 13
1852
1. Map of Fire Safe Roof Areas. Figure 15-1 * is a map of Fire Safe
Roof
areas. Said map may be amended from time to time by including areas
which are
annexed to the City within one of the two roofing areas. Said amendments
may be
made by the Building Official after consultation, with the Chief of the Fire
Department or their designee having jurisdiction.
2. Roofing Area 1. Any new roof and any alteration, repair or
replacement for
buildings housing R & U-1 occupancies in Roofing Area 1 shall use roof
covering
material that conforms to Class B or better or shall be made of concrete,
ferrous or copper metal, clay, slate or similar non-combustible material.
3. Roofing Area 2. Any new roof for buildings using roof covering
material
that conforms to Class C or better or shall be made of concrete, ferrous or
copper metal, clay, slate or similar non-combustible material.
Editor's Note: Figure 15-1 is on file in the office of the City Clerk.
7.34.150 Section R1001.1.2 Chapter 10, Prohibited Installations —Added.
A new Section R1001.1.2 is added to read:
R1001.1.2 Prohibited Installations. It shall be unlawful to install a new
wood burning fireplace or appliance that is not one of the following:
1) Pellet -fueled wood heater,
2) EPA certified wood heater,
3) Fireplace certified by EPA
7.34.260 Chapters 11 through 43 are Deleted.
Chapters 11 through 43 are deleted.
5195914.1
Page 13 of 13
1853
Attachment 9
Exhibit F to the Ordinance
Chapter 7.36
ELECTRICAL CODE
Sections:
7.36.010 Title.
7.36.020 Purpose.
7.36.030 Adoption of Electrical Codes.
7.36.040 Scope.
7.36.050 Exceptions.
7.36.060 Additions, alterations and repairs.
7.36.070 Section 210.53, Office receptacle outlets -Added.
7.36.010 Title.
The buildings codes adopted by reference in Section 7.36.030 and the
provisions of this Chapter shall constitute the Dublin Electrical Code and may be
referred to as such.
7.36.020 Purpose.
A. The promotion and preservation of the public health, safety, and general
welfare of the people of the City and the property situated therein have made
necessary the adoption of the electrical codes referred to in Section 7.36.030 in
order to adequately safeguard life, health, property, and general welfare.
B. The purpose of this code is not to create or otherwise establish or designate
any particular class or groups of persons who will or should be especially
protected or benefited by the terms of this code.
7.36.030 Adoption of Electrical Codes.
A. The 2022 California Electrical Code, Part 3, Title 24 of the California Code of
Regulations, a portion of the California Building Standards Code, as defined in the
California Health and Safety Code Section 18901 et. seq. (hereinafter referred to
as the "State Code"), and any rules and regulations promulgated pursuant thereto
including the National Electrical Code, 2020 Edition, as published by the National
Fire Protection Association, and as referenced in and adopted pursuant to
California Health and Safety Code Sections 17922 and 18935, (hereinafter
referred to as the "NEC") are hereby adopted and incorporated by reference
herein.
Copies of the adopted codes have been and are now filed in the Office of the
Building Official, 100 Civic Plaza, Dublin, California, for use and examination by
the public. Said codes are adopted by reference pursuant to Section 50022.4, et
seq., of the Government Code of the State of California, and the codes are hereby
adopted and incorporated as fully as if set out at length herein, and from the date
on which this Ordinance shall take effect, the provisions thereof shall be controlling
within the limits of the City of Dublin.
Page 1 of 3
1854
B. Notwithstanding the provisions of Section 7.36.030.A, the State Code and the
NEC are amended as set forth in Section 7.36.080.
7.36.040 Scope.
A. The provisions of this code shall apply to the installation, erection,
construction, enlargement, addition to, alteration, repair, moving, removal
demolition, conversion, use, and maintenance of any electrical wiring,
appliances, devices, equipment, and apparatuses used for or in connection with
the transmission or use of electrical energy for light, heat, power, radio, signaling
communication or for other purpose in any building, structure, or premises within
the City.
B. The permissive provisions of this code shall not be presumed to waive any
limitations imposed by any other law, ordinance, rule, or regulation. If two (2) or
more pertinent limitations are not identical, those limitations shall prevail which
provide greater safety to life, health, property or public welfare.
C. Electrical appliances and equipment shall be made accessible to the
physically handicapped. Whenever there is a conflict between the provisions of
this code and Title 24 California Code of Regulation, the provisions of Title 24
shall prevail.
7.36.050 Exceptions.
The provisions of this code shall not apply to:
A. Work located in a public street;
B. Electrical installations within trailer coaches, campers, motor vehicles,
railroad cars and aircraft; however, if any of the foregoing are permanently
placed on the ground or have their wheels removed for other than temporary
repairs, they shall comply with all the provisions of the electrical code;
C. Electrical installations within houseboats or other watercrafts; however, if
any of the foregoing are stored out of the water and used for any purpose
whatsoever, they shall comply with all the provisions of the electrical code;
D. Electrical installations owned or operated by a public utility for the use of
such utility in the generation, transmission, distribution or metering of electrical
energy;
E. Radio and television receiving equipment, amateur radio transmitting and
receiving equipment, and community antenna television systems.
7.36.060 Additions, alterations and repairs.
A. All work done in connection with an addition to an existing electrical
installation shall conform to the applicable provisions of this code. In addition,
any portion of an existing electrical installation which would become overloaded
or have its capacity exceeded as determined by the standards in this code for
new installation as a result of the addition shall be made to conform to the
applicable provisions of this code.
B. Alterations, repairs to, or replacement of equipment in any existing electrical
installation shall conform to the applicable provisions of this code except that the
Building Official may allow deviations from the provisions of this code, provided
Page 2 of 3
1855
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 Section 210.53, Office receptacle outlets -Added.
Section 210.53 is added to read:
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 of each office so
that no point along the floor line any wall space is more than six (6) feet
(1.83m) measured horizontally, from an outlet in that space including any wall
space two (2) feet (610 mm) or more in width and the wall space occupied by
sliding panels in exterior walls.
As used in the section a "wall space" shall be considered a wall
unbroken along the floor line by doorways, fireplaces and similar openings.
Each wall space two (2) or more feet (610 mm) wide shall be treated
individually and separately from other wall spaces within the room. A wall
space shall be permitted to include two or more walls of a room (around
corners) where unbroken at the floor line.
As used in this section "office space" means an enclosed office space
with hard walls. Open office floor plans are not affected by this section.
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 Y2) feet (1.68 m)
above the floor.
5195936.1
Page 3 of 3
1856
Attachment 10
Exhibit G to the Ordinance
Sections:
7.40.010
7.40.020
7.40.030
7.40.040
7.40.050
7.40.060
7.40.070
7.40.080
Chapter 7.40
PLUMBING CODE
Title.
Purpose.
Adoption of Plumbing Codes.
Scope.
Exceptions.
Additions, alterations and repairs.
Chapter 1, Division II, Administration —Deleted.
Section 609.3, Chapter 6, Water piping in slab floors —Amended.
7.40.010 Title.
The plumbing codes adopted by reference in Section 7.40.030 and the provisions of this
Chapter shall constitute the Dublin Plumbing Code and may be referred to as such.
7.40.020 Purpose
A. The promotion and preservation of the public health, safety and general welfare of
the people of the City and the property situated therein have made necessary the
adoption of the plumbing codes referred to in Section 7.40.030 in order to adequately
safeguard life, health, property, and general welfare.
B. The purpose of this code is not to create or otherwise establish or designate any
particular class or groups of persons who will or should be especially protected or
benefited by the terms of this code.
7.40.030 Adoption of Plumbing Codes.
A. The 2022 California Plumbing Code, Part 5, Title 24 of the California Code of
Regulations, a portion of the California Building Standards Code, as defined in the
California Health and Safety Code Section 18901 et. seq. (hereinafter referred to as the
"State Code"), and any rules and regulations promulgated pursuant thereto including the
Uniform Plumbing Code, 2021 Edition, including Appendix Chapters A, B, D, H, and I, as
published by the International Association of Plumbing and Mechanical Officials, and as
referenced in and adopted pursuant to California Health and Safety Code Sections 17922
and 18935, (hereinafter referred to as the "UPC") are hereby adopted and incorporated
by reference herein.
Copies of the adopted codes have been and are now filed in the Office of the Building
Official, 100 Civic Plaza, Dublin, California, for use and examination by the public. Said
codes are adopted by reference pursuant to Section 50022.4, et seq., of the Government
Code of the State of California, and the codes are hereby adopted and incorporated as
fully as if set out at length herein, and from the date on which this Ordinance shall take
effect, the provisions thereof shall be controlling within the limits of the City of Dublin.
Page 1 of 3
1857
B. Notwithstanding the provisions of Section 7.40.030.A, the State Code and the UPC
are amended as set forth in Sections 7.40.070 through 7.40.080 of this Chapter.
7.40.040 Scope.
A. The provisions of this code shall apply to the installation, erection, construction,
enlargement, addition to, alteration, repair, movement, relocation, replacement removal,
demolition, conversion, use, and maintenance of any plumbing installation, gas or
drainage piping installation or any fixture or water heating or treating equipment, or
maintenance of plumbing systems in any building, structure, or premises within the City.
B. The permissive provisions of this code shall not be presumed to waive any
limitations imposed by any other law, ordinance, rule, or regulation. If two (2) or more
pertinent limitations are not identical, those limitations shall prevail which provide
greater safety to life, health, property, or public welfare.
C. Plumbing fixtures and equipment shall be made accessible to the physically
handicapped. Whenever there is a conflict between the provisions of this code and Title
24, California Code of Regulations, the provisions of Title 24 shall prevail.
7.40.050 Exceptions.
The provisions of the plumbing code shall not apply to:
A. Work located in a public street:
B. Plumbing systems within trailer coaches, campers, motor vehicles, railroad cars
and aircraft: however, if any of the foregoing are permanently placed on the ground or
have their wheels removed for other than temporary repairs, they shall comply with all
the provisions of the plumbing code:
C. Plumbing systems within houseboats or other watercraft; however, if any of the
foregoing are stored out of water and used for any purpose whatsoever, they shall
comply with all the provisions of the plumbing code;
D. Building sewers as defined in Chapter 2 of the California Plumbing Code located
within the boundaries of a sanitary district and such district has regulations for building
sewers and such regulations are in force;
E. Sewage treatment and collection facilities of a sanitary district;
F. Water treatment, storage, transmission and distribution facilities of a water district
or water company regulated by the Public Utilities Commission:
G. Gas storage, transmission and distribution facilities owned by a public utility:
H. Wells and water supply systems for irrigation and watering livestock provided such
water is not used for human consumption.
7.40.060 Additions, alterations and repairs.
A. All work done in connection with an addition to an existing plumbing installation
shall conform to the applicable provisions of this code. In an addition, any portion of an
existing plumbing installation that 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
Page 2 of 3
1858
deviations are necessary due to the circumstance 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.
7.40.070 Chapter 1 Division II Administration —Deleted.
Chapter 1 Division II is deleted.
7.40.080 Section 609.3, Chapter 6, Under Concrete Slab —Amended.
Section 609.3, first paragraph, is amended by replacing it to read:
Section 609.3 Water piping shall not be installed in or under a concrete floor slab
within a building without prior approval of the Building Official. When approved,
such piping shall be installed in accordance with the following requirements:
5196100.1
Page 3 of 3
1859
Attachment I I
Exhibit H to the Ordinance
Chapter 7.44
MECHANICAL CODE
Sections:
7.44.010 Title.
7.44.020 Purpose.
7.44.030 Adoption of Mechanical Codes.
7.44.040 Scope.
7.44.050 Exceptions.
7.44.060 Additions, alterations and repairs.
7.44.070 Chapter 1, Division II, Administration —Deleted.
7.44.010 Title
The mechanical codes adopted by reference in Section 7.44.030 and the
provisions of this Chapter shall constitute the Dublin Mechanical Code and may
be referred to as such.
7.44.020 Purpose.
A. The promotion and preservation of the public health, safety and general
welfare of the people of the City and the property situated therein have made
necessary the adoption of the mechanical codes referred to in Section 7.44.030
in order to adequately safeguard life, health, property, and general welfare.
B. The purpose of this code is not to create or otherwise establish or designate
any particular class or group of persons who will or should be especially
protected or benefited by the terms of this code.
7.44.030 Adoption of Mechanical Codes.
A. The 2022 California Mechanical Code, Part 4, Title 24 of the California Code
of Regulations, a portion of the California Building Standards Code, as defined in
the California Health and Safety Code Section 18901 et. seq. (hereinafter referred
to as the "State Code"), and any rules and regulations promulgated pursuant
thereto including the Uniform Mechanical Code, 2021 Edition, including Appendix
Chapters B, and C , as published by the International Association of Plumbing and
Mechanical Officials, and as referenced in and adopted pursuant to California
Health and Safety Code Sections 17922 and 18935, (hereinafter referred to as the
"UMC") are hereby adopted and incorporated by reference herein.
Copies of the adopted codes have been and are now filed in the Office of the
Building Official, 100 Civic Plaza, Dublin, California, for use and examination by
the public. Said codes are adopted by reference pursuant to Section 50022.4, et
seq., of the Government Code of the State of California, and the codes are hereby
adopted and incorporated as fully as if set out at length herein, and from the date
on which this Ordinance shall take effect, the provisions thereof shall be controlling
within the limits of the City of Dublin.
Page 1 of 3
1860
B. Notwithstanding the provisions of Section 7.44.030.A, the State Code and
the UMC are amended as set forth in Section 7.44.070.
7.44.040 Scope.
A The provisions of this code shall apply to the installation, erection,
construction, enlargement, addition to, alteration, repair, movement, relocation,
removal, demolition, replacement, conversion, use, and maintenance of any
heating, ventilating, comfort cooling, refrigeration systems, incinerators or other
heat producing appliances, mechanical systems in any building, structure, or
premises within the City.
B. The permissive provisions of this code shall not be presumed to waive any
limitations imposed by any other law, ordinance, rule or regulation. If two (2) or
more pertinent limitations are not identical, those limitations shall prevail which
provide greater safety to life, health, property or public welfare.
C. Mechanical appliances and equipment shall be made accessible to the
physically handicapped as required by Title 24 California Code of Regulations.
Whenever there is a conflict between the provisions of this code and Title 24,
California Code of Regulations, the provisions of Title 24 shall prevail.
7.44.050 Exceptions
The provisions of the mechanical code shall not apply to:
A. Work located in a public street;
B. Heating, ventilation, comfort cooling, refrigeration systems, incinerators or
other heating or cooling appliances within trailer coaches, campers, mobile
homes, motor vehicles and airplanes: however, if any of the foregoing are
permanently placed on the ground or have their wheels removed for other than
temporary repairs, they shall comply with all the provisions of this code;
C. Heating, ventilating, comport cooling, refrigeration systems, incinerators or
other heating or cooling appliances within houseboats or other watercraft:
however, if any of the foregoing are stored out of water and used for any purpose
whatsoever, they shall comply with all the provisions of this code.
7.44.060 Additions, alterations and repairs.
A. All work done in connection with an addition to an existing mechanical
installation shall conform to the applicable provisions of this code. In addition,
any portion of an existing mechanical installation which would become
overloaded or have its capacity exceeded as determined by the standards in this
code for new installations as a result of the addition shall be made to conform to
the applicable provisions of this code.
B. Alterations, repairs to, or replacement of equipment in any existing
mechanical installation shall conform to the applicable provisions of this code
except that the Building Official may allow deviations from the provisions of this
code, provided the deviations are necessary due to the circumstance of the
existing condition; the existing condition was permitted by a previous code; and
such deviation does not create or continue a hazard to life, health and property.
Page 2 of 3
1861
7.44.070 Chapter 1, Division II, Administration —Deleted.
Chapter 1, Division II, is deleted.
Page 3 of 3
1862
Attachment 12
Exhibit 1 to the Ordinance
Chapter 7.45
SWIMMING POOL AND SPA CODE
7.45.010 Title
7.45.020 Purpose.
7.45.030 Adoption.
7.45.040 Scope.
7.45.050 Exceptions
7.45.060 Amendments to the International Swimming Pool and Spa
Code.
7.45.070 Sections 101 through 109, and Sections 111 through 114,
Chapter 1, Scope and Administration -Deleted.
7.45.080 Chapter 2, Definitions - Added.
7.45.090 Chapter 2, Definitions - Amend.
7.45.100 Section 303, Chapter 3, Energy - Amended.
7.45.110 Section 304.2, Chapter 3, Determination of impacts based on
locations - Amended.
7.45.120 Section 305.2, Chapter 3, Outdoor Swimming Pools and Spas -
Amended.
7.45.130 Section 318.4, Chapter 3, Water Conservation - Added.
7.45.140 Section 901.2, Chapter 9, General - Deleted.
7.45.150 Section 1101.1, Chapter 11, Referenced Codes and Standards
- Added.
7.45.160 Section 1101.2, Chapter 11, Application of Codes- Added.
7.45.170 Chapter 11, Referenced Standard-ANSI/APSP/ICC-13-2017 -
Added.
7.45.010 Title
The International Swimming Pool and Spa Code adopted by Section 7.45.030
and the provisions of this chapter is the City swimming pool and spa code and
may be cited as such and will be referred to in the International Swimming Pool
and Spa Code and in this chapter as "this code."
7.45.020 Purpose.
A. The purpose of this code is to establish minimum requirements to provide a
reasonable level of safety, health, property protection and general welfare by
regulating and controlling the design, construction, installation, quality of
materials, location and maintenance or use of pools and spas.
B. The purpose of this code is not to create or otherwise establish or designate
any particular class or group of persons who will or should be especially
protected or benefited by the terms of this code.
Page 1 of 5
1863
7.45.030 Adoption.
The 2021 International Swimming Pool and Spa Code, as published by the
International Code Council a copy of which have been and are now filed in the
Office of the Building Official, 100 Civic Plaza, Dublin, California, for use and
examination by the public. Said codes are adopted by reference pursuant to
Section 50022.4 et seq. of the Government Code of the State of California, and
the codes are hereby adopted and incorporated as fully as if set out at length
herein, and from the date on which the ordinance codified in this chapter shall take
effect, the provisions thereof shall be controlling within the limits of the City of
Dublin. except as hereinafter modified in Sections 7.45.060 through 7.45.170
7.45.040 Scope.
A The provisions of this code shall apply to the construction, alteration,
movement, renovation, replacement, repair and maintenance of aquatic
recreation facilities, pools, and spaces. The pools and spas covered by these
codes are either permanent or temporary and shall be only those that are
designed and manufactured to be connected to a circulation system and that are
intended for swimming, bathing, or wading.
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 are not identical, those limitations shall prevail which
provide greater safety to life, health, property or public welfare.
C. Swimming Pool Safety Act. The provisions contained in Appendix Chapter
AX of the California Residential Code are mandatory to reflect the Swimming
Pool Safety Act found in Health and Safety Code Section s115920 through
115929. Note: See Chapter 31, Section 3109 of the California Building Code.
7.45.050 Exceptions
The provisions of the swimming pool and spa code shall not apply to:
A. Flotation tank systems intended for sensory deprivation therapy.
7.45.060 Amendments to the International Swimming Pool and Spa
Code.
The text of the International Swimming Pool and Spa Code, as adopted by
section 7.45.030, is further amended to conform to the California Building
Standards Code as follows:
Delete the following references
Insert the following references
International Building Code
California Building Code
International Residential Code
California Residential Code
International Mechanical Code
California Mechanical Code
National Electrical Code or NFPA 70
California Electrical Code
International Fire Code
California Fire Code
International Plumbing Code
California Plumbing Code
Page 2 of 5
1864
International Existing Building Code
California Existing Building Code
International Zoning Code
Zoning Ordinance of the City of Dublin
International Energy Conservation
Code
California Energy Code
International Fuel Gas Code
California Plumbing Code
Name of jurisdiction
City of Dublin
Code official
Building Official
"in accordance with Section 102.7 and
this section."
"this section."
7.45.070 Sections 101 through 109, and Sections 111 through 114,
Chapter 1, Scope and Administration -Deleted.
Sections 101 through 109, and Sections 111 through 114, Chapter 1 are
deleted.
7.45.080 Chapter 2, Definitions - Added.
The following definitions are added to read:
ANSI/APSP Performance Standard. ANSI/APSP performance standard means
a standard that is accredited by the American National Standards Institute (ANSI)
and published by the Association of Pool and Spa Professionals (APSP).
Approved Safety Pool Cover. Approved safety pool cover means a manually
or power -operated safety pool cover that meets all of the performance standards
of the American Society of Testing and Materials (ASTM), in compliance with
standard F1346-91.
Enclosure. Enclosure means a fence, wall, or other barrier that isolates a
swimming pool from access to the home.
Exit Alarms. Exit alarms means devices that make audible, continuous alarm
sounds when any door or window, that permits access from the residence to the
pool area that is without any intervening enclosure, in opened or is left ajar. Exist
alarms may be battery operated or may be connected to the electrical wiring of
the building.
Swimming Pool or Pool. Swimming pool of pool means any structure intended
for swimming or recreational bathing that contains water over eighteen (18)
inches deep. Swimming pool shall include in -ground and above ground
structures and includes, but is not limited to, hot tubs, spaces, portable spas, and
nonportable wading pools.
7.45.090 Chapter 2, Definitions - Amend.
The following definitions are amended to read:
Page 3 of 5
1865
Public swimming pool. Public swimming pool means a swimming pool
operated for the use of the general public with or without charge, or for the use of
the members and guests of a private club. Public swimming pool does not
include a swimming pool located on the ground of a private single-family home.
Suction Outlet. Suction outlet means a fitting or fixture typically located at the
bottom or on the sides of a swimming pool that conducts water to a recirculating
pump.
7.45.100 Section 303, Chapter 3, Energy - Amended.
Section 303. is deleted in its entirety and amended to read:
303 Energy. All pool and spa energy consumption shall meet the
requirements in the California Energy Code.
7.45.110 Section 304.2, Chapter 3, Determination of impacts based on
locations - Amended.
Section 304.2. is amended to read:
304.2 Determination of impacts based on location. Pools and
spas in flood hazard areas indicated with in the City of Dublin shall comply
with 304.2.1 or 304.2.2.
The remainder of section 304.2 is unchanged.
7.45.120 Section 305.2, Chapter 3, Outdoor Swimming Pools and Spas -
Amended.
Section 305.2 is amended to read:
305.2 Outdoor swimming pools and spas. Other than those
facilities regulated by the Swimming Pool Safety Act (Health and Safety
Codes Sections 115920 through 115929), all outdoor pools and spas and
indoor swimming pools shall be surrounded by a barrier that complies with
Sections 305.2.1 through 305.7
7.45.130 Section 318.4, Chapter 3, Water Conservation - Added.
Section 318.4 is added to read:
318.4, Water conservation. Water conservation efficiency in
residential and public pools, spas, portable spas, and swim spas shall be
provided for in accordance with APSP 13.
7.45.140 Section 901.2, Chapter 9, General - Deleted.
Section 901.2 is deleted.
7.45.150
- Added.
Section 1101.1, Chapter 11, Referenced Codes and Standards
Page 4 of 5
1866
Section 1101.1 is added to read:
1101.1 Referenced codes and standards. The codes and
standards referenced in this code shall be those that are listed in this
chapter and such codes and standards shall be considered to be part of
the requirements of this code to the prescribed extent of each such
reference. Where differences occur between provisions of this code and
the referenced standards, the provision of this code shall be the minimum
requirements.
7.45.160 Section 1101.2, Chapter 11, Application of Codes- Added.
Section 1101.2 is added to read:
1101.2 Application of Codes. Where the Residential Code is
referenced in this code, the provisions of the Residential Code shall apply
to related systems in detached one- and two-family dwellings and
townhouses not more than three stories in height. Other related systems
shall comply with the applicable Code or referenced standard.
7.45.170 Chapter 11, Referenced Standard-ANSI/APSP/ICC-13-2017 -
Added.
Referenced standard ANSI/APSP/ICC-13-2017 is added to Chapter 11
Standard
Acronym
Standard Name
Sections
Herein
Referenced
ANSI/APSP/ICC-
13-2017
American National Standard for Water
Conservation Efficiency in Residential and
Public Pools, space, Portable Spas and
Swim Spas
318.4
5196125.1
Page 5 of 5
1867
Attachment 13
Exhibit J to the Ordinance
Chapter 7.46
EXISTING BUILDING CODE
Sections:
7.46.010 Title.
7.46.020 Purpose.
7.46.030 Adoption of Existing Building Codes.
7.46.040 Scope.
7.46.050 Exceptions.
7.46.060 Applicability.
7.46.070 Chapter 1 Division II, Administration -Deleted.
7.46.080 Section 202, Chapter 2, Definitions of Substantial Damage and
Substantial Improvement.
7.46.090 Chapters 6 through 13-Deleted.
7.46.010 Title.
The building codes adopted by section 7.46.030 and the provisions of this
Chapter shall constitute the Dublin Existing Building Code and may be referred to
as such.
7.46.020 Purpose.
The intent of this code is to provide flexibility to permit the use of alternative
approaches to achieve compliance with minimum requirements to provide a
reasonable level of safety, health, property protection and general welfare insofar
as they are affected by the repair, alteration, change of occupancy, addition and
relocation of existing buildings. 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.
7.46.030 Adoption of Existing Building Code.
A. The 2022 California Existing Building Code, Part 10, Title 24 of the California
Code of Regulations, a portion of the California Building Standards Code, as
defined in the California Health and Safety Code Section 18901 et. seq.
(hereinafter referred to as the "State Code"), and any rules and regulations
promulgated pursuant thereto including the International Existing Building Code,
2021 Edition, including Appendix Chapter A, as published by the International
Code Council, and as referenced in and adopted pursuant to California Health and
Safety Code Sections 17922 and 18935, (hereinafter referred to as the "IEBC")
are hereby adopted and incorporated by reference herein.
The codes and standards referenced in this code shall be considered part of this
code to the prescribed extent of each such reference. Where the extent of the
reference to a referenced code or standard includes subject matter that is within
the scope of this code or the Building, Mechanical, Plumbing, Housing, Fire or
Page 1 of 4
1868
Energy Codes, the provisions of these codes as applicable, shall take precedence
over the provisions in the referenced code or standard.
Copies of the adopted codes have been and are now filed in the Office of the
Building Official, 100 Civic Plaza, Dublin, California, for use and examination by
the public. Said codes are adopted by reference pursuant to Section 50022.4, et
seq., of the Government Code of the State of California, and the codes are hereby
adopted and incorporated as fully as if set out at length herein, and from the date
on which this Ordinance shall take effect, the provisions thereof shall be controlling
within the limits of the City of Dublin.
B. Notwithstanding the provisions of Section 7.46.030.A, the State Code and
the IEBC are amended as set forth in Sections 7.46.070 through 7.46.090.
7.46.040 Scope.
A. The provisions of this Code shall apply to repair, alteration, change of
occupancy, addition to and relocation of existing buildings.
B. The permissive provision of this Code shall not be presumed to waive any
limitations imposed by any other law, ordinance, rule, or regulation. If two or
more pertinent limitations are not identical, those limitations shall prevail which
provide greater safety to life, health, property, or public welfare.
C. Where work regulated by this code is also regulated by the construction
requirements for existing buildings in Chapter 11 of the Fire Code, such work
shall comply with applicable requirements of both codes.
D. Buildings shall be made accessible to persons with disabilities as required
by Title 24 California Code of Regulation. Whenever there is a conflict between
the provisions of this Code and Title 24, California Code of Regulations with
respect to the accessibility of buildings to persons with disabled, the provisions of
Title 24 shall prevail.
7.46.050 Exceptions.
The provisions of this Code shall not apply to:
Detached one- and two-family dwellings and townhouses not more than three
stories above grade plane in height with a separate means of egress, and their
accessory structures not more than three stories above grade plane in height,
shall comply with this code or the Residential Code.
7.46.060 Applicability.
This code shall apply to the repair, alteration, change of occupancy, addition
and relocation of existing buildings, regardless of occupancy, subject to the
criteria of Sections 7.46.060 A and 7.46.060 B.
A. Buildings not previously occupied. A building or portion of a building
that has not been previously occupied or used for its intended purpose, in
accordance with the laws in existence at the time of its completion, shall
be permitted to comply with the provisions of the laws in existence at the
Page 2 of 4
1869
time of its original permit unless such permit has expired, Subsequent
permits shall comply with the Building or Residential Codes, as applicable,
for new construction.
B. Buildings previously occupied. The legal occupancy of any building
existing on the date of adoption of this code shall be permitted to continue
without change, except as is specifically covered in this code, the Fire
Code, or the Building Maintenance Code, or as is deemed necessary by
the Building Official for the general safety and welfare of the occupants
and the public.
7.46.070 Chapter 1 Division II, Administration -Deleted.
Chapter 1 Division II is deleted.
7.46.080 Section 202, Chapter 2, Definitions of Substantial Damage and
Substantial Improvement.
The definitions of "Substantial Damage" and "Substantial Improvement" in
Section 202 of the State Code are amended to read as follows:
Substantial Damage. Damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before -damaged condition would
equal or exceed 50 percent of the market value of the structure before the
damage occurred. The term also includes flood -related damage sustained by a
structure on two separate occasions during a 10-year period for which the cost of
repairs at the time of each such flood event, on average, equals or exceeds 25
percent of the market value of the structure before the damage occurred.
Substantial Improvement. Any one or more or any combination of repair,
reconstruction, rehabilitation, alterations, addition or other improvement of a
building or structure taking place during a 10-year period, the cumulative cost of
which equals or exceeds 50 percent of the market value of the structure before
the improvement or repair is started. For each building or structure, the 10-year
period begins on the date of the first permit issued for improvement or repair of
that building or structure subsequent to January 1, 2023. If the structure has
sustained substantial damage, any repairs are considered substantial
improvement regardless of the actual repair work performed. The term does not,
however, included either:
1. Any project for improvement of a building required to correct existing
health, sanitary or safety code violations identified by the building
official and that are the minimum necessary to assure safe living
conditions.
2. Any alteration of a historic structure provided that the alteration will not
preclude the structure's continued designation as a historic structure.
Page 3 of 4
1870
7.46.090 Chapters 6 through 13-Deleted.
Chapters 6 through 13 are deleted.
5196169.1
Page 4 of 4
1871
Attachment 14
Exhibit K to the Ordinance
Chapter 7.48
BUILDING MAINTENANCE CODE
Sections:
7.48.010 Title.
7.48.020 Purpose.
7.48.030 Adoption.
7.48.040 Scope.
7.48.050 Amendments to the International Property Maintenance Code.
7.48.060 Chapter 1, Scope and Administration -Deleted.
7.48.070 Sections 302.2, 302.3, 302.4 and 302.8, Chapter 3, Exterior Property
Areas — Deleted.
7.48.080 Section 303.2, Chapter 3, Enclosures — Amended.
7.48.090 Section 304.14, Chapter 3, Insect Screens — Amended.
7.48.100 Section 304.16, Chapter 3, Under -Floor areas — Amended.
7.48.110 Sections 308.2.1.1, Chapter 3, Garbage Receptacles — Added.
7.48.120 Sections 309.1 and 309.2, Chapter 3, Pest Elimination — Amended.
7.48.130 Section 310.1 and 310.2, Chapter 3, Sanitation — Added.
7.48.140 Section 311, Chapter 3, Caretaker — Added.
7.48.010 Title.
The International Property Maintenance Code adopted by Section 7.48.030 and the
provisions of this chapter are the City building maintenance code and may be cited as
such and will be referred to in the International Property Maintenance Code and in this
chapter as "this code."
7.48.020 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 International Property Maintenance Code referred to in Section 7.48.030
in order to adequately safeguard life, health, property, and general welfare.
B. The purpose of this code is not to create or otherwise establish or designate any
particular class or group of persons who will or should be especially protected or
benefited by the terms of this code.
7.48.030 Adoption.
The 2022 International Property Maintenance Code, including Appendix Chapter A, as
published by the International Code Council a copy of which have been and are now
filed in the Office of the Building Official, 100 Civic Plaza, Dublin, California, for use and
examination by the public. Said codes are adopted by reference pursuant to Section
50022.4 et seq. of the Government Code of the State of California, and the codes are
hereby adopted and incorporated as fully as if set out at length herein, and from the
date on which the ordinance codified in this chapter shall take effect, the provisions
1872
thereof shall be controlling within the limits of the City of Dublin. except as hereinafter
modified in Sections 7.48.050 through 7.48.140.
7.48.040 Scope.
A. The provisions of this code shall apply to all buildings or portions thereof used, or
designed or intended to be used, for human habitation. Such occupancies in existing
buildings may be continued as provided in Section 7.28.240, except such as are found
to be substandard as defined in this code.
B. Where any building or portion thereof is used or intended to be used as a
combination apartment house -hotel, the provisions of this code shall apply to the
separate portions as if they were separate buildings. Every rooming house or lodging
house shall comply with all the requirements of this code for dwellings.
7.48.050 Amendments to the International Property Maintenance Code.
The text of the International Property Maintenance Code, as adopted by section
7.48.030, is further amended to conform to the California Building Standards Code as
follows:
Delete the following references
Insert the following references
International Building Code
California Building Code California
Residential Code
International Mechanical Code
California Mechanical Code
National Electrical Code or NFPA 70
California Electrical Code
International Fire Code
California Fire Code
International Plumbing Code
California Plumbing Code
International Existing Building Code
California Existing Building Code
International Zoning Code
Zoning Ordinance of the City of Dublin
International Fuel Gas Code
California Plumbing Code
Name of jurisdiction
City of Dublin
7.48.060 Chapter 1, Scope and Administration -Deleted.
Chapter 1 is deleted.
7.48.070 Sections 302.2, 302.3, 302.4 and 302.8, Chapter 3, Exterior Property
Areas — Deleted.
Sections 302.2, 302.3, 302.4 and 302.8. are deleted
7.48.080 Section 303.2, Chapter 3, Enclosures — Amended.
Section 303.2 is amended to read:
303.2 Enclosures. Private swimming pools, hot tubs, and spas enclosures shall
meet the requirements of Section 3109.2 California Building Code, California
Swimming Pool Safety Act and 7.45.120.
Page 2 of 4
1873
7.48.090 Section 304.14, Chapter 3, Insect Screens — Amended.
304.14 Insect screens. Every door, window and other outside opening required
for ventilation of habitable rooms, food preparation areas, food service areas or any
areas where products to be included or utilized in food for human consumption are
processed, manufactured, packaged or stored shall be supplied with approved
tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every
screen door used for insect control shall have a self -closing device in good working
condition.
Exception: Screens shall not be required where other approved means, such as
air curtains or insect repellent fans, are employed.
7.48.100 Section 304.16, Chapter 3, Under -Floor areas — Amended.
Section 304.16 is amended to read:
304.16 Under -Floor areas. Under -floor access doors and ventilation openings
shall be maintained to prevent the entrance of rodents, rain and surface drainage
water. Doors shall be tight fitting and ventilation openings shall be properly
screened with corrosion -resistant wire mesh having openings not exceeding 1/4
inch in any dimension or alternate approved materials pursuant to current CBC
1203.4.1.
7.48.110 Sections 308.2.1.1, Chapter 3, Garbage Receptacles — Added.
Section 308.2.1.1 is added to read:
308.2.1.1 Garbage Receptacles. An adequate number of appropriate
receptacles with close fitting covers for garbage and rubbish as may be
considered necessary by the enforcing agency shall be provided for the occupant
of every dwelling unit by the owner or operator of every apartment house, hotel,
or combination thereof. Each receptacle shall be kept in a clean condition and
good repair.
7.48.120 Sections 309.1 and 309.2, Chapter 3, Pest Elimination — Amended.
Sections 309.1 and 309.2 are amended to read:
309.1 Infestation. All structures shall be kept free from insect, rodent and vermin
infestation. When an insect, rodent or vermin infestation is brought to the attention
of the code official, he or she may require the owner or agent having charge or
control of the building, lot or premises to hire a licensed exterminator or other
qualified professional to inspect the building, lot or premises and provide a written
report verifying the presence and severity of such infestation including in the report
a recommendation for proper extermination of the infestation. All structures in
which insect, rodent or vermin infestations are found shall be promptly
exterminated by approved processes that will not be injurious to human health.
After the extermination of the infestation is complete, the code official may request
Page 3 of 4
1874
a written notice from the licensed exterminator or other qualified professional
attesting to the completion and success of the recommended extermination
procedures. After the infestation is eliminated, proper precautions shall be taken
to prevent reinfestation.
309.2 Owner. The owner of any structure shall be responsible for extermination
within the structure prior to renting or leasing the structure. The owner of a structure
or premises containing a dwelling unit, multiple occupancy, rooming house or a
nonresidential structure shall be responsible for maintaining the structure and
premises in a rodent or pest -free condition. If an infestation is caused by an
occupant substantially failing to properly maintain their occupied area of the
structure or premises as clean and sanitary as the condition of the structure or
premises permits, the occupant and owner shall be responsible for pest
elimination. For as long as the occupant's failure either substantially causes an
unlivable condition to occur, or substantially interferes with the owners' ability to
remedy the condition, the owner does not have to remedy the condition. Where
the infestation is caused by defects in the structure, the owner shall be responsible
for extermination.
7.48.130 Section 310.1 and 310.2, Chapter 3, Sanitation — Added.
Sections 310.1 is added to read
310.1 Bedding. In every room for rent, apartment house or hotel every
part of every bed, including the mattress, sheets, blankets, and bedding shall be
kept in a clean, dry and sanitary condition, free from filth, urine, or other foul
matter; and from infection of lice, bed -bugs, or other insects. The bed linen shall
be changed before a new guest occupies the dwelling unit.
7.48.140 Section 311, Chapter 3, Caretaker — Added.
Section 311.1 is added to read
311 Caretaker. A manager, janitor, housekeeper, or other responsible person
shall reside upon the premises and shall have charge of every apartment house
in which there are sixteen (16) or more apartments and of every hotel in which
there are twelve (12) or more guest rooms, in the event that the owner of any
such apartment house or hotel does not reside upon said premises. If the owner
does not reside upon the premises of an apartment house in which there are
more than four (4) but less than sixteen (16) apartments, a notice stating his
name and address, or name and address of his agent shall be posted in a
conspicuous place on the premises.
5196173.1
Page 4 of 4
1875
Chapter 7.94
GREEN BUILDING
Sections:
Attachment 15
Exhibit L to the Ordinance
7.94.010 Title.
7.94.020 Purpose.
7.94.030 Adoption of the Green Building Code.
7.94.040 Scope.
7.94.050 Section 202, Chapter 2 Definitions — Amended.
7.94.060 Section 4.106.4 Electric vehicle (EV) charging for new
construction — Deleted and Replaced.
7.94.070 Sections 4.106.5, 4.106.5.1, and 4.106.5.2 All Electric Buildings
— Added.
7.94.080 Section 4.107.1, Division 4.1, Chapter 4, Future access for
solar systems -Added.
7.94.090 Sections 5.106.5.3 and 5.106.5.3.1 Electric vehicle (EV)
charging. — Deleted and Replaced.
7.94.100 Section 5.106.13, 5.106.13.1 and 5.106.13.2 All electric
buildings. — Added.
7.94.110 Section 5.107.1, Division 5.1, Chapter 5, Future access for
solar systems -Added.
7.94.010 Title.
The green building standards codes adopted by Section 7.94.030 and the
provisions of this Chapter shall constitute the Dublin Green Building Code and
may be referred to as such.
7.94.020 Purpose.
A. To improve public health, safety, and general welfare by enhancing the
design and construction of buildings through the use of building concepts having
a reduced negative impact or positive environmental impact and encouraging
sustainable construction practices in the following categories:
1. Planning and design
2. Energy efficiency
3. Water efficiency and conservation
4. Material conservation and resource efficiency
5. Environmental quality
B. The purpose of this Code is not to create or otherwise establish or designate
any particular class or groups of persons who will or should be especially
protected or benefited by the terms of this Code.
1876
7.94.030 Adoption of the Green Building Code.
A. The 2022 California Green Building Standards Code, Part 11, Title 24 of the
California Code of Regulations, a portion of the California Building Standards
Code, as defined in the California Health and Safety Code Section 18901 et. seq.
(hereinafter referred to as the "State Code"), and any rules and regulations
promulgated pursuant thereto, as referenced in and adopted pursuant to California
Health and Safety Code Sections 17922 and 18935, are hereby adopted and
incorporated by reference herein.
Copies of the adopted codes have been and are now filed in the Office of the
Building Official, 100 Civic Plaza, Dublin, California, for use and examination by
the public. Said codes are adopted by reference pursuant to Section 50022.4, et
seq., of the Government Code of the State of California, and the codes are hereby
adopted and incorporated as fully as if set out at length herein, and from the date
on which this Ordinance shall take effect, the provisions thereof shall be controlling
within the limits of the City of Dublin.
B. Notwithstanding the provisions of Section 7.94.030.A, the State Code is
amended as set forth in Sections 7.94.050 through 7.94.080.
7.94.040 Scope.
A. The provisions of this Code shall apply to the planning, design, operation,
construction, use and occupancy of every newly constructed building or
structure, unless otherwise indicated in this Code, within the City.
B. It is not the intent that this Code substitute or be identified as meeting the
certification requirements of any green building program.
7.94.050 Section 202, Chapter 2 Definitions — Amended.
The following definitions are hereby added to Section 202 of the State Code to
read as follows:
ALL -ELECTRIC BUILDING. A building that contains no combustion equipment
or plumbing for combustion equipment within the building or building property
lines, and instead uses electric appliances for service.
COMMERCIAL FOOD HEAT -PROCESSING EQUIPMENT. Equipment used in
a food establishment for heat -processing food or utensils and that produces
grease vapors, steam, fumes, smoke, or odors that are required to be removed
through a local exhaust ventilation system, as defined in the California
Mechanical Code.
COMBUSTION EQUIPMENT. Any equipment or appliance used for space
heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.
Page 2 of 7
1877
ELECTRIC HEATING APPLIANCE. A device that produces heat energy to
create a warm environment by the application of electric power to resistance
elements, refrigerant compressors, or dissimilar material junctions, as defined in
the California Mechanical Code.
FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a
mixture of these.
7.94.060 Section 4.106.4 Electric vehicle (EV) charging for new
construction — Deleted and Replaced.
Section 4.106.4 is deleted and replaced with Section A4.106.8 to read:
A4.106.8 Electric vehicle (EV) charging for new construction is adopted as
mandatory at the Tier 2 level.
7.94.070 Sections 4.106.5, 4.106.5.1, and 4.106.5.2 All Electric Buildings
— Added.
Sections 4.106.5, 4.106.5.1, and 4.106.5.2 are added to read:
4.106.5 All -electric buildings. New construction buildings and qualifying
alteration projects shall comply with Section 4.106.5.1 or 4.106.5.2 so that they
do not use combustion equipment or are ready to accommodate installation of
electric heating appliances.
4.106.5.1. New construction and qualifying alteration projects. All newly
constructed buildings shall be all -electric buildings. Qualifying alteration projects
shall be limited to additions or alterations that remove 50 percent or more of the
existing exterior walls of a dwelling and additions that increase the square
footage of the structure by more than 50 percent.
The final determination whether a project meets the definition of a qualifying
alteration project shall be made by the Building Official
Exception:
If the applicant establishes that there is not an all -electric
prescriptive compliance pathway for the building under the California
Building Energy Efficiency Standards, and that the building is not
able to achieve the performance compliance standard applicable to
the building under the Energy Efficiency Standards using
commercially available technology and an approved calculation
method, then the Building Official may grant a modification. The
applicant shall comply with the following and Section 4.106.5.2.
Inactive Fuel Gas Infrastructure may be extended to spaces that are
anticipated to qualify for the exceptions contained in this chapter.
The inactive Fuel Gas Infrastructure shall not be activated, have a
Page 3 of 7
1878
meter installed, or otherwise used unless the exemptions specified
in this chapter have been confirmed as part of the issuance of a
building permit. If the Fuel Gas Infrastructure is no longer serving
one of the exceptions contained in this chapter, it shall either be
capped, otherwise terminated, or removed by the entity previously
entitled to the exemption, in a manner pursuant to all applicable
Codes.
The Building Official shall have the authority to approve alternative materials and
methods of construction as per the Dublin Municipal Code, Chapter 7.28.
4.106.5.2 Requirements for combustion equipment.
Where combustion equipment is allowed under subsection 4.106.5.1, the
construction drawings shall indicate electrical infrastructure and physical space
accommodating the future installation of an electrical heating appliance in the
following ways, as certified by a registered design professional or licensed
electrical contractor:
1. Branch circuit wiring, electrically isolated and designed to serve all
electrical heating appliances in accordance with manufacturer
requirements and the California Electrical Code, including the appropriate
voltage, phase, minimum amperage, and an electrical receptacle or
junction box within five feet of the appliance that is accessible with no
obstructions. Appropriately sized conduit may be installed in lieu of
conductors; and
2. Labeling of both ends of the unused conductors or conduit shall be with
"For Future Electrical Appliance"; and
3. Reserved circuit breakers in the electrical panel for each branch circuit,
appropriately labeled (i.e. "Reserved for Future Electric Range"), and
positioned on the opposite end of the panel supply conductor connection;
and
4. Connected subpanels, panelboards, switchboards, busbars, and
transformers shall be sized to serve the future electrical heating
appliances. The electrical capacity requirements shall be adjusted for
demand factors in accordance with the California Electric Code; and
5. Physical space for future electrical heating appliances, including
equipment footprint, and if needed a pathway reserved for routing of
ductwork to heat pump evaporator(s), shall be depicted on the
construction drawings. The footprint necessary for future electrical heating
appliances may overlap with non-structural partitions and with the location
of currently designed combustion equipment.
Page 4 of 7
1879
7.94.080 Section 4.107.1, Division 4.1, Chapter 4, Future access for
solar systems -Added.
A new Section 4.107.1 is added to read:
4.107.1 Future Access for Solar Systems. A minimum one -inch (25.4
mm) electrical conduit shall be provided from the electrical service equipment
to the solar zone as defined by the California Energy Code, Title 24, Part 6,
Section 110.10. Where a solar zone is not required by the California Energy
Code, the conduit location shall be subject to approval of the Building Official.
Exception: Where solar is installed as part of the original construction and
prior to first occupancy.
7.94.090 Sections 5.106.5.3 and 5.106.5.3.1 Electric vehicle (EV)
charging. — Deleted and Replaced.
Sections 5.106.5.3 and 5.106.5.3.1 are deleted and replaced with Section
A5.106.5.3 to read:
Section A5.106.5.3 Electric vehicle (EV) charging for new construction is
adopted as mandatory at the Tier 2 level.
7.94.100 Section 5.106.13, 5.106.13.1 and 5.106.13.2 All electric
buildings. — Added.
Section 5.106.13, 5.106.13.1 and 5.106.13.5.2 are added to read:
5.106.13 All -electric buildings. New construction buildings and qualifying
alteration projects shall comply with Section 5.106.13.1 or 5.106.13.2 so that
they do not use combustion equipment or are ready to facilitate future
electrification.
5.106.13.1. New construction and qualifying alteration projects. All newly
constructed buildings shall be all -electric buildings. Qualifying alteration projects
shall be limited to additions or alterations that remove 50 percent or more of the
existing exterior walls of a structure and additions that increase the square
footage of the structure by more than 50 percent.
Tenant improvements shall not be considered new construction. The final
determination whether a project meets the definition of qualifying alteration
project shall be made by the Building Official.
Exceptions:
1. Nonresidential buildings containing kitchens located in a place of
public accommodation, as defined in the California Building Code
Chapter 2, may apply to the Building Official for a modification to
install commercial food heat -processing equipment served by fuel
Page5of7
1880
gas. The Building Official may grant the modification, provided the
following findings are made:
a) The applicant has a business -related need to cook with
combustion equipment; and
b) The applicant has installed energy efficient equipment
based on Energy Star or California Energy Wise
qualifications, as available.
c) The applicant will comply with Section 5.106.13.2.
2. If the applicant establishes that there is not an all -electric
prescriptive compliance pathway for the building under the
California Building Energy Efficiency Standards, and that the
building is not able to achieve the performance compliance
standard applicable to the building under the Energy Efficiency
Standards using commercially available technology and an
approved calculation method, then the Building Official may grant a
modification. The applicant shall comply with following and Section
5.106.13.2
Inactive Fuel Gas Infrastructure may be extended to spaces that
are anticipated to qualify for the exceptions contained in this
chapter. The inactive Fuel Gas Infrastructure shall not be activated,
have a meter installed, or otherwise be used unless the exemptions
specified in this chapter have been confirmed as part of the
issuance of a building permit. If the Fuel Gas Infrastructure is no
longer serving one of the exceptions contained in this chapter, it
shall either be capped, otherwise terminated, or removed by the
entity previously entitled to the exemption, in a manner pursuant to
all applicable Codes.
The Building Official shall have the authority to approve alternative materials
and methods of construction as per the Dublin Municipal Code, Chapter 7.28.
5.106.13.2. Requirements for combustion equipment.
Where combustion equipment is allowed under Subsection 5.106.13.1, the
construction drawings shall indicate electrical infrastructure and physical
space accommodating the future installation of an electrical heating appliance
in the following ways, as certified by a registered design professional or
licensed electrical contractor:
1. Branch circuit wiring, electrically isolated and designed to serve all
electrical heating appliances in accordance with manufacturer requirements
and the California Electrical Code, including the appropriate voltage, phase,
minimum amperage, and an electrical receptacle or junction box within five
feet of the appliance that is accessible with no obstructions. Appropriately
sized conduit may be installed in lieu of conductors; and
Page 6 of 7
1881
2. Labeling of both ends of the unused conductors or conduit shall be
with "For Future Electrical Appliance"; and
3. Reserved circuit breakers in the electrical panel for each branch
circuit, appropriately labeled (i.e. "Reserved for Future Electric Range"), and
positioned on the opposite end of the panel supply conductor connection;
and
4. Connected subpanels, panelboards, switchboards, busbars, and
transformers shall be sized to serve the future electrical heating appliances.
The electrical capacity requirements shall be adjusted for demand factors in
accordance with the California Electric Code; and
5. Physical space for future electrical heating appliances, including
equipment footprint, and if needed a pathway reserved for routing of ductwork
to heat pump evaporator(s), shall be depicted on the construction drawings.
The footprint necessary for future electrical heating appliances may overlap
with non-structural partitions and with the location of currently designed
combustion equipment.
7.94.110 Section 5.107.1, Division 5.1, Chapter 5, Future access for
solar systems -Added.
A new Section 5.107.1 is added to read:
5.107.1 Future Access for Solar Systems. Install conduit from the solar
zone as defined by the California Energy Code, Title 24, Part 6, Section
110.10 to a location within the building identified as suitable for future
installation of a charge controller (regulator) and inverter.
Exception: Where solar is installed as part of the original construction and
prior to first occupancy.
5196068.1
Page 7 of 7
1882
Attachment 16
CELEBRATING
STAFF REPORT
CITY COUNCIL
DUBLIN
CALIFORNIA
Agenda Item 4.2
DATE: November 1, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU ELECT : Updates to the City's Construction and Fire Codes in Accordance with
Requirements of State Law
Prepared by: GregoryShreeve Sr., Chief Building Official
EXECUTIVE SUMMARY:
The City Council will consider introducing an Ordinance repealing the 2019 California Building
Standards Code and adopting the 2022 California Building Code and setting a public hearing for
November 15, 2022. In connection with this action, the City Council will be asked to approve
findings relating to the City's local amendments to the California Building Standards Code. The
2022 Edition of the California Building Standards Code was approved by the California Building
Standards Commission earlier this year and will go into effect on January 1, 2023. The City must
adopt an Ordinance incorporating the updated provisions to ensure accuracy and alignment with
state law.
STAFF RECOMMENDATION:
Take the following actions: 1) Waive the first reading and INTRODUCE the Ordinance Repealing
and Replacing Chapters 5.08 (Fire Code), 7.28 (Building Regulation Administration Code), 7.32
(Building Code), 7.34 (Residential Code), 7.36 (Electrical Code), 7.40 (Plumbing Code), 7.44
(Mechanical Code), 7.48 (Building Maintenance Code) and 7.94 (Green Building Code) of the
Dublin Municipal Code, and Repealing Chapter 7.24 (Flood Control) and Adopting Chapter 7.24
(Floodplain Management Regulations and Adding Chapter 7.46 (Existing Building Code) to the
Dublin Municipal Code, in Order to Adopt by Reference and Amend Provisions of the 2022 Edition
of the California Building Standards Code, Title 24, California Code of Regulations, and Adding
Chapter 7.45 (Swimming Pool and Spa Code) to the Dublin Municipal Code in Order to Adopt by
Reference and Amend Provisions of the 2021 Edition of the International Swimming Pool and Spa
Code; and 2) Set the public hearing for November 15, 2022, to waive the second reading and adopt
said Ordinance and adopt the Resolution Approving the Finding of Necessity for Amendments to
the 2022 California Building Standards Code.
Page 1 of 9
1883
FINANCIAL IMPACT:
The cost associated with implementing the new codes, such as materials and training, have been
included in the Fiscal Year 2022-23 Budget.
DESCRIPTION:
Background
The California Building Standards Commission, along with other State agencies, reviews and
amends Title 24 of the California Building Standards Code (CBSC) approximately every three
years. The CBSC contains several codes including the California Building Code and the California
Electrical Code. Each of these codes are applicable and enforceable at the local level. The 2022
Edition of the CBSC was approved by the California Building Standards Commission earlier this
year and will go into effect on January 1, 2023. The City must adopt an ordinance incorporating
the updated provisions to ensure accuracy and alignment with state law.
Local jurisdictions may amend the provisions of the CBSC with the adoption of a resolution finding
that the changes are necessary to account for local climatic, geological, or topographical
conditions. However, these amendments must be at least as stringent as those outlined in the
CBSC.
The City Council made several such amendments with the adoption of the 2019 Edition of the
codes. These previously adopted local amendments have been incorporated into the proposed
code update adopting the 2022 Edition, with several modifications as discussed later in this Staff
Report.
Proposed Ordinance
The proposed Ordinance will amend Chapters 5.08, 7.24, 7.28, 7.32, 7.34, 7.36, 7.40, 7.44, 7.48 and
7.94 of the Dublin Municipal Code (DMC) and add Chapters 7.45 and 7.46 to the DMC. The
proposed Ordinance does not adopt the permit fee tables in the codes, thus maintaining the City's
current permit fees. The proposed Ordinance will supersede and replace the previously adopted
codes, and will benefit the City by:
1. Ensuring the City's compliance with the States building standards laws;
2. Ensuring consistency with neighboring jurisdictions and the Bay Area;
3. Providing internally consistent, coherent, and easier -to -use codes; and
4. Making it easier for the public to review and to understand the model code requirements.
This report focuses on Staff -recommended local amendments to the 2022 Edition of the code, and
modifications to local amendments that were previously adopted by the City Council during the
last code update.
Analysis
The following is an overview of the proposed local amendments to the Dublin Municipal Code.
Attachments 1 and 2 provide a complete list of all proposed local amendments to the Construction
and Fire Codes, and associated findings. The draft Ordinance is provided as Attachment 3.
Page 2 of 9
1884
Fire Code - DMC Chapter 5.08
The amendments to the Fire Code (Attachment 4) are required to adopt the latest California Fire
Codes. Staff recommends deleting the following local amendment that was previously adopted by
the City Council:
1. Section 5.08.120, the table for separation distances between wood pallet stacks and
buildings. This requirement is now in the California Fire Code.
Floodplain Management Regulations (Formally the Flood Control Chapter) - DMC Chapter 7.24
The adoption of the Floodplain Management Regulations is required as a replacement for the
Flood Control Chapter. The City's existing Flood Control Chapter is based on an outdated version
of the Floodplain Management Regulations of the Federal Emergency Management Agency
(FEMA) and the California Department of Water Resources (DWR).
Staff recommends the following higher standards for the model Floodplain Management
Regulations be included in this code:
1. Cumulative Substantial Improvement — These amendments will require a review of the
10-year history of permitted work on a property. The 10-year period will begin January 1,
2023. This is a change from current practice of reviewing a three-year history of permits.
As the beginning date of the review period changes to January 1, 2023, this new
requirement will not affect projects until after January 1, 2026. One of the objectives of the
National Flood Insurance Program (NFIP) is to reduce the long-term exposure of buildings
to flood damage. To achieve this objective, the NFIP requires that existing buildings be
brought into compliance if improvements, including additions and repairs, are determined
to be Substantial Improvement. If the cost of proposed improvements equals or exceeds 50
percent of the market value of the building before improvements are started, the building
will be required to be brought into compliance for new construction.
2. Dwelling Design — new one- and two-family dwellings and substantial improvements to
these buildings that are located in a flood hazard area will be required to be designed to a
higher standard to account for the potential for flood loads. This modification is necessary
to account for rising sea levels that have the potential to create conditions such asfast-
movingfloodwater, flood depths greater than a few feet, wave action, and potential scour
and erosion.
3. Nonconversion agreements — these amendments will require builders of elevated
buildings located in a flood plain to record a nonconversion agreement. The nonconversion
agreement is used to inform buyers of the property that the area below the elevated
building is limited to parking of vehicles, storage, and building access. NFIP flood insurance
coverage is more expensive if buildings have enclosed areas and coverage of enclosures is
limited. This regulation will require builders and or property owners to record a signed
nonconversion agreement to acknowledge the restrictions on use of enclosures below
elevated buildings and to agree not to modify or convert the enclosures. The objective is to
reduce the likelihood that owners, including future owners, might convert enclosures to
Page 3 of 9
1885
uses other than those permitted.
4. Repetitive Flood Damage loss — one of the objectives of the NFIP is to break the cycle of
damage, repair, and damage again. To achieve this objective, the NFIP requires that existing
buildings be brought into compliance when they incur Substantial Damage. A building is
determined to have incurred Substantial Damage ifitis damaged by any cause and the cost
to repair the building to its pre -damage condition equals or exceeds the 50 percent of the
market value of the building before the damage occurred. Per the NFIP, when communities
adopta definition for Substantial Damage that includes "repetitive loss," owners of NFIP -
insured structures that sustain repetitive flood damage may also be eligible to apply for
Increased Cost of Compliance funds even if the damage does not meet the standard 50
percent threshold for Substantial Damage by a single -event. For property owners to
qualify, communities must adopt and enforce the repetitive loss provision on all buildings,
not just those that are covered by NFIP flood insurance.
5. Determination of Base Flood Elevation (BFE) — Dublin has areas within the City where the
Flood Insurance Rate Map (FIRM) does not show the base flood elevations. These areas are
called "unnumbered Zone A" or "approximate Zone A." The NFIP regulations state that
where flood elevation data has not been provided, communities must "obtain, review, and
reasonably utilize any base flood elevation and floodway data available from a Federal,
State, or other source." However, some data from other sources is old and out of date and
may not reasonably represent current flood hazards. This modification will require the
applicant to include base flood elevation data prepared by a qualified professional engineer
in accordance with accepted techniques. The modification is necessary to reasonable
protect new construction from flood damage caused by rising sea levels
The DWR, on behalf of the State and FEMA, has reviewed and approved the proposed regulations.
Building Regulations Administration Code - DMC Chapter 7.28
The amendments to the Building Regulations Administrative Code (Attachment 6) are required to
remain current with State Law. Staff recommends the following modifications and additions to
local amendments previously adopted by the City Council:
1. Sections 7.28.100 and 7.28.110 — add definitions and process requirements for
determining substantially improved and substantially damaged existing buildings in a flood
hazard zone. This action is necessary to codify existing procedures and to be consistent
with DMC chapter 7.24, Floodplain Management Regulations.
2. Section 7.28.120 — add the Swimming Pool and Spa Code and the Existing Building Code
regulated by the Building Regulations Administration Code. The modification is necessary
to codify the administration regulations for these two codes.
3. Section 7.28.260 — add the Swimming Pool and Spa Code and the Existing Building Code to
the Code Conflicts section. The modification is necessary to codify the administration
regulations for potential conflicts between the State Codes and City amendments.
Page 4 of 9
1886
4. Section 7.28.330 — modify the permit application submittal process to require all plans to
be submitted in an electronic format. This modification is necessary to codify current
practices.
5. Section 7.28.390 — add a requirement for the owner or the owner's authorized agent to
post the live loads of floors under prescribed conditions. This addition is necessary to
remain current with State Law.
6. Section 7.28.600 — amend the notifications of inspections as follows:
a. Inspection #F, Lowest Floor Elevation clarifying that the requirement is triggered by
either the Floodplain Management Regulations (7.24) requirements, the Building
Code (7.32) or Residential Code (7.34). The requirements do not change.
b. Inspection #M, adding the requirement for tall wood buildings connection
protection inspection. This is necessary to remain current with State Lawand does
not change the requirement.
c. Inspection #Q, adding a requirement for Fire and Smoke - Resistant Penetrations
inspections. This is necessary to remain current with State Lawand does not
change the requirement.
d. Inspection #U, adding a requirement for Flood Hazard Documentation. This is
necessary to remain current with State Lawand Federal Regulations. This does not
change the current requirement.
Building Code - DMC Chapter 7.32
The amendments to the Building Code (Attachment 7) are required to adopt the latest California
Building Codes. Staff recommends a modification to the following local amendment that was
previously adopted by the City Council:
1. Section 7.32.230 — update Wall Bracing requirements to include newly adopted forms of
seismic sheathing of walls. This modification is necessary to address Dublin's seismic risk
and to be consistent with neighboring jurisdictions
In addition, Staff recommends the following new local amendments to this code:
1. Section 7.32.120 — add definitions for determination or substantially improved and
substantially damaged existing buildings in a flood hazard zone. This action is necessary to
codify existing procedures and to be consistent with DMC chapter 7.24, Floodplain
Management Regulations.
2. Section 7.32.290 — modify to update the proper procedures for violations of the
Floodplain Management Regulations requirements chapter in this code. This is necessary
to maintain consistency in the DMC.
3. Section 7.32.300 — modify to designate the floodplain administrator. This is necessary to
maintain consistency in the DMC.
Page 5 of 9
1887
Residential Code - DMC Chapter 7.34
The amendments to the Residential Code (Attachment 8) are required to adopt the latest
California Residential Code. Staff recommends the following modifications to local amendments
previously adopted by the City Council:
1. Section 7.34.040 — modify to update the live/work exception. This modification is
necessary to remain consistent with State Law.
2. Section 7.34.070C — modify to include an exception to the separate gas and electrical
meter requirement by adding an exception for Junior Accessory Dwelling Units. This
modification is necessary to remain consistent with State Law.
3. Section 7.34.120 — modify to update the design standards for buildings constructed under
this code. This modification is necessary to remain consistent with State Law.
In addition, Staff recommends the following new local amendments to this code:
1. Section 7.34.110 — add definitions for determination or substantially improved and
substantially damaged existing buildings in a flood hazard zone. This action is necessary to
codify existing procedures and to be consistent with DMC chapter 7.24, Floodplain
Management Regulations.
2. Sections 7.34.130 and 7.34.170 — modify to update the design requirements in flood
hazard areas. This action is necessary to be consistent with DMC chapter 7.24, Floodplain
Management Regulations.
Further, Staff recommends deleting the following local amendment that was previously adopted
by the City Council:
1. Section 7.34.140 — originally deleted the fire sprinkler provisions in this code and
referenced the Fire Code. This deletion is no longer necessary as the two codes are now
consistent.
Electrical Code - DMC Chapter 7.36
The amendments to the Electrical Code (Attachment 9) are required to adopt the latest California
Electrical Codes. The existing modification setting standards for the location of electrical
receptacles in office spaces has been brought forward.
Plumbing Code - DMC Chapter 7.40
The amendments to the Plumbing Code (Attachment 10) are required to adopt the latest
California Plumbing Codes. The existing local amendment restricting the installation of water
piping under a concrete slab has been brought forward. Staff recommends one deletion from this
code:
1. Section 7.40.090 — originally deleted the fire sprinkler provisions in this code and
referenced the Fire Code. This deletion is no longer necessary as the two codes are now
Page 6 of 9
1888
consistent.
Mechanical Code - DMC Chapter 7.44
The amendments to the Mechanical Code (Attachment 11) are required to adopt the latest
California Mechanical Codes. The existing local amendment deleting the administrative chapter
has been brought forward.
Swimming Pool and Spa Code - DMC Chapter 7.45
The adoption of the Swimming Pool and Spa Code (Attachment 12) is required to adopt the
International Swimming Pool and Spa Code (ISPSC) as a replacement for the swimming pool
construction and safety codes that have been removed from the International Building Code,
which is the basis for the California Building Code, and placed in this new code. Staff recommends
the following modifications to the ISPSC to address conflicts with City and State Codes:
1. 7.45.060 — add this to modify the references to the International and National Codes to the
California Codes. This is necessary to stay current with State Law.
2. 7.45.070 — modify to delete administrative sections of the ISPSC. This is necessary to be
consistent within the City's codes.
3. 7.45.080 — modify to add definitions that are found in State Law that are missing from the
ISPSC. This is necessary to remain consistent with State Law.
4. 7.45.090 — modify to amend definitions that are different between the ISPSC and State
Law. This is necessary to remain consistent with State Law.
5. 7.45.100 — modify to amend the energy requirements in the ISPSC in favor of the
California Energy Code. This is necessary to remain consistent with State Law and the
2022 California Energy Code.
6. 7.45.110 — modify to clarify the requirements of swimming pools and spas located in a
flood hazard area. This is necessary to remain consistent with chapter 7.24 Floodplain
Management Regulations.
7. 7.45.120 — modify to require all swimming pools to have barriers installed. This
amendmentis necessary to remain consistent with State Law.
8. 7.45.130 — modify to include water conservation efficiency in residential and public pools
and spas. This is necessary because of the City of Dublin has a dry period of at least five
months each year. Additionally, the area is subject to occasional drought and this
amendmentis necessary to remain consistent with State Law.
9. 7.45.140 — modify to delete chapter 9 for permanent spas. This is necessary because this
chapter provides exceptions from code requirements that are in conflict with State Law.
10.7.45.150 — add this to adopt the referenced codes and standards listed in the ISPSC. This
Page 7 of 9
1889
is necessary to provide the tools necessary for the contractor and staff to properly enforce
this code.
11.7.45.160 — modify to clarify that where the code references the Residential Code, those
provision are related to systems in detached one- and two-family dwellings and
townhouses not more than threes stories in height. This amendment is necessary to remain
consistent with State Law
12. 7.45.170 — add this to adopt the American National Standard for Water conservation
efficiency in pools and spas. This is necessary because of the City of Dublin has a dry period
of at least five months each year. Additionally, the area is subject to occasional drought and
this amendment is necessary to remain consistent with State Law.
Existing Building Code - DMC Chapter 7.46
The amendments to the Existing Building Code (Attachment 13) are required to adopt the
California Existing Building Code (CEBC). Staff is recommending the following modification to this
code:
1. Section 7.46.080 — add definitions for determination or substantially improved and
substantially damaged existing buildings in a flood hazard zone. This action is necessary to
codify existing procedures and to be consistent with DMC chapter 7.24, Floodplain
Management Regulations.
Building Maintenance Code - DMC Chapter 7.48
The amendments to the Building Maintenance Code (Attachment 14) are required to adopt the
latest International Property Maintenance Codes. The existing local amendments have been
brought forward.
Green Building Code - DMC Chapter 7.94
The amendments to the Green Building Code (Attachment 15) are required to adopt the latest
California Green Building Standards Code. The City's amendment for Electric Vehicle (EV) Parking
to be installed at the Tier 2 has been brought forward. Bringing this amendment forward will meet
and, in some cases, exceed the City's Climate Action Plan (CAP) requirements under measure SM-
1. Staff recommends the following new amendments to this code:
1. Section 7.94.050, 7.94.070 and 7.94.100 — add these to include requirements for new
buildings to be all electric with exceptions. The exceptions in the recommendations
include: a) multi -family and commercial projects where the design team has provided
evidence that an all -electric building is unable to meet established requirements under the
California Building Energy Efficiency Standards; and b) commercial buildings containing
kitchens or having the potential to contain kitchens, upon application, may install gas to the
building for use in the kitchen areas. These modifications are necessary to limit the
greenhouse gas (GHG) emissions from natural gas It is estimated that without the
requirement for all -electric buildings, new construction will add over three million therms
ofnaturalgas use in Dublin by 2045. In addition, all -electric buildings have been found to
be less expensive to construct and operate in Dublin's climate zone compared to
Page 8 of 9
1890
constructing buildings with both gas and electric utilities, especially when paired with solar
photovoltaic (PV) installations. Coupled with the communitywide 100% carbon -free
energy of Measure CF-1 in the CAP, new building electrification will result in homes and
businesses that emit no GHGs. In addition, this amendment will meet the requirements of
measure EE-1 of the CAP.
STRATEGIC PLAN INITIATIVE:
None
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with Government Code Sections 50022.3 and 6066, notice of the public hearing
scheduled to take place on November 15, 2022 will be published on November 5, 2022 and
November 12, 2022 in the East Bay Times. Attachments were made available for public review
prior to this public hearing in accordance with Government Code Sections 50022.1 et. Seq. and
6066. The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving Amendments to the California Building Standards Code
2) Exhibit A to the Resolution - 2022 California Building Standards Code Findings
3) Ordinance Amending Sections of the California Building Standards Code
4) Exhibit A to the Ordinance - DMC Chapter 5.08 Fire Code
5) Exhibit B to the Ordinance - DMC Chapter 7.24 Floodplain Management Regulations
6) Exhibit C to the Ordinance - DMC Chapter 7.28 Building Administration Code
7) Exhibit D to the Ordinance - DMC Chapter 7.32 Building Code
8) Exhibit E to the Ordinance - DMC Chapter 7.34 Residential Code
9) Exhibit F to the Ordinance - DMC Chapter 7.36 Electrical Code
10) Exhibit G to the Ordinance - DMC Chapter 7.40 Plumbing Code
11) Exhibit H to the Ordinance - DMC Chapter 7.44 Mechanical Code
12) Exhibit I to the Ordinance - DMC Chapter 7.45 Swimming Pool and Spa Code
13) Exhibit J to the Ordinance - DMC Chapter 7.46 Existing Building Code
14) Exhibit K to the Ordinance - DMC Chapter 7.48 Building Maintenance Code
15) Exhibit L to the Ordinance - DMC Chapter 7.94 Green Building Code
Page 9 of 9
1891
IP
DUBLIN
CALIFORNIA
2022 California Building
Standards Code and the
Dublin Municipal Code
City Council
November 15, 2022
1892
2022 California Building Standards
Code
• CA Building Standards Commission adopts new
codes every 3 years
• These codes include the CA Fire, Building,
Residential, Electrical, Plumbing, Mechanical
and Green Codes
• Fnforceable at the Local Level
• Approved by the Commission with an
enforcement date of January 1, 2023
2022 California Building Standards
Code
• Floodplain Management Regulations, Existing
Building Code, International Swimming Pool
and Spa and Building Maintenance Codes.
• The City of Dublin may amend the State or
Model Code to account for Local:
- Climatic,
- Geological, or
- Topographical Conditions
• Historical Modifications by the City
Fire Code
Chapter 5.08 DMC
• 2022 California Fire Code
• Pallet Storage requirements are not longer
necessary as these requirements have been
added to the code.
Floodplain Management Regulations
7.24 DMC
• Updated to the latest standard
• Cumulative Substantial Improvement
• Dwelling Design
• \ onconversion agreements
• Repetitive Flood Damage Losses
• Determination of base flood elevation (BFE)
Building Regulations Administration
Code Chapter 7.28 DMC
• Definitions Added
• New Codes — Swimming Pool & Spa and
hxisting Building Code
• F1ectronic plan check required
• Live Load Posting
• Inspections, required added
Building Code
Chapter 7.32 DMC
• 2022 CA Building Code
• Wall Bracing
• Floodplain updates
—Definitions added
— Violations procedures
— Floodplain administrator
Residential Code
Chapter 7.34
• 2022 California Residential Code
• Live / Work
• JADU meters
• Design Table updated
• Added Definitions for Substantially improved
and damaged
• Flood hazard areas design requirements
Electrical, Plumbing, Mechanical,
Codes Chapters 7.36, 7.40, and 7.44
• 2022 California Electrical Code
• 2022 California Plumbing Code
— Removal of section deleting fire sprinkler changes
that conflicted with Fire Code
• 2022 Mechanical Code
Swimming Pool and Spa Code
Chapter 7.45 DMC
• 2021 International Swimming Pool and Spa
Code
New Code
Existing Building Code
Chapter 7.46 DMC
• 2022 California Existing Building Code
— Previously used without modifications
— New definitions for Substantially Improved and
Substantially Damaged.
Building Maintenance Code
Chapter 7.48 DMC
• 2021 International Property Maintenance Code
• Fditoria1 updates only
Green Building Code
Chapter 7.94 DMC
• Readopting Tier 2 Electric Vehicle (EV) Parking
Requirements.
• All Electric New Buildings and Qualifying
alteration projects.
• Exceptions
1) Unable to comply with the Energy Code
2) Commercial Kitchens for cooking equipment
when approved by the Building Official.
Recommendations
• Adopt the Resolution Approving Findings Regarding the need for Local
Amendments to Provisions in the CA Building Standards Code, and
• Waive the Second Reading and Adopt the Ordinance Repealing and Replacing
Chapters 5.08 (Fire Code), 7.28 (Buildings Regulations Administration Code),
7.32 (Building Code), 7.34 (Residential Code), 7.36 (Electrical Code), 7.40
(Plumbing Code), 7.44 (Mechanical Code), 7.48 (Building Maintenance Code)
and 7.94 (Green Building Code) of the Dublin Municipal Code, and
Repealing Chapter7.24 (Flood Control) and Adopting Chapter 7.24
(Floodplain Management Regulations) and Adding Chapter 7.46 (Existing
Building Code) to the Dublin Municipal code, in Order to Adopt by
Reference and Amend Provisions of the 2022 Edition of the California
Building Standards Code, Title 24, California Code of Regulations, and
Adding Chapter 7.48 (Swimming Pool Spa Code) to the Dublin Municipal
code in Order to Adopt by Reference and Amend Provision of the 2021
Fi dition of the International Swimming Pool and Spa Code.