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HomeMy WebLinkAboutReso 137-22 Approving Findings Regarding the Need for Local Amendments to Provisions in the California Building Standards Code as Adopted by the State of California Reso. No. 137-22, Item 6.3, Adopted 11/15/2022 Page 1 of 2 RESOLUTION NO. 137-22 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. 137-22, Item 6.3, Adopted 11/15/2022 Page 2 of 2 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: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez NOES: ABSENT: ABSTAIN: ___________________________________ MAYOR ATTEST: ___________________________________ CITY CLERK Exhibit A 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 Page 2 of 56 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 Page 3 of 56 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 Page 4 of 56 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. Page 5 of 56 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). Page 6 of 56 903.2.7 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 (1½) 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. Page 7 of 56 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. Page 8 of 56 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 - Warning Letter 2nd false alarm in any 90 day period- $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 9 of 56 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: Page 10 of 56 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. Page 11 of 56 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 12 of 56 502.2.1 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. Page 13 of 56 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 14 of 56 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. Page 15 of 56 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 (1½) 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 16 of 56 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 H20 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 17 of 56 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 18 of 56 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 19 of 56 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 20 of 56 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 21 of 56 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 22 of 56 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 23 of 56 (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 ¼) 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 24 of 56 (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 ¼) 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 25 of 56 (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 26 of 56 vertical feet between sunset and sunrise. Lighting shall be designed so that architectural or structural features do not obstruct the minimum light coverage. (10) Parking structures or enclosed or partially enclosed parking lots shall be illuminated with a uniformly maintained minimum level of two-foot candles of light between ground level and 6 vertical feet between sunrise and sunset (daylight hours). (11) Lighting fixtures shall be so arranged as to illuminate light uniformly over the parking surface and be tamper resistant. (12) Public rest rooms, rooms identified for the general public and children’s recreation areas shall be 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 ½) 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 27 of 56 (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 ¼” tempered glass; (b) Automatic, hydraulic door closures; Page 28 of 56 (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: 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. Page 29 of 56 (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 ½) 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. Page 30 of 56 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 Page 31 of 56 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: Page 32 of 56 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 33 of 56 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 34 of 56 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, Page 35 of 56 • 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 ½) 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. Page 36 of 56 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 ½) 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 D0, D1, D2. – Amended. Section R403.1.3 is amended to read: R403.1.3 Footing and stem wall reinforcing in Seismic Design Categories D0, D1, D2. Concrete footings located in Seismic Design Categories D0, D1 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 Page 37 of 56 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 D0, D1, and D2 . j. Methods GB, DWB and PCP are not permitted in Seismic Design Categories D0, D1, and D2 where S1 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, j 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 D0, D1, 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 Page 38 of 56 side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, 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 Page 39 of 56 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. Page 40 of 56 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 ½) 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. Page 41 of 56 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 42 of 56 6. California Mechanical Code No findings, beyond the general findings listed above, are necessary to justify the proposed amendments Page 43 of 56 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 44 of 56 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 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. 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 45 of 56 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 gas 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 46 of 56 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 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 Page 47 of 56 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 48 of 56 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 49 of 56 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 50 of 56 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 51 of 56 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 52 of 56 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 53 of 56 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 54 of 56 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 55 of 56 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 56 of 56 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. 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. 5204195.1