HomeMy WebLinkAbout71.193 ORDINANCE NO. 71-193
AN ORDINANCE BY THE CITY OF SARATOGA AMENDING ARTICLE 16-05
OF THE SARATOGA MUNICIPAL CODE RELATING TO GENERAL BUILDING
PROVISIONS AND ADOPTING BY REFERENCE THE FOLLOWING BUILDING
STANDARDS CODES COMPRISING PART OF THE CALIFORNIA BUILDING
STANDARDS CODE: THE 1997 EDITIONS OF THE UNIFORM BUILDING
CODE AS AMENDED, THE UNIFORM FIRE CODE AS AMENDED, THE
UNIFORM PLUMBING CODE, THE UNIFORM MECHANICAL CODE AS
AMENDED, THE 1996 EDITION OF THE NATIONAL ELECTRICAL CODE
AND THE 1997 EDITIONS OF THE UNIFORM HOUSING CODE AS
AMENDED AND THE ABATEMENT OF HAZARDOUS BUILDINGS CODE, AS
AMENDED, AND DECLARING THIS ORDINANCE TO BE AN URGENCY
ORDINANCE EFFECTIVE UPON ITS ADOPTION ON JULY 21, 1999
AND APPLICABLE TO ALL PERMITS ISSUED ON OR AFTER JULY 1, 1999
PURSUANT TO CITY OF SARATOGA MUNICIPAL CODE PROVISIONS
AFFECTED BY THIS ORDINANCE
The City Council of the City of Saratoga does hereby ordains as follows:
SECTION 1. Article 16 - 05 of the Saratoga Municipal Code is hereby
amended in its entirety to read as follows:
ARTICLE 16-05
GENERAL PROVISIONS
16 - 05.010 Compliance with Chapter.
It shall be unlawful and a misdemeanor for any person to erect,
construct, enlarge, alter, repair, move, improve, remove, convert, demolish,
equip, use, occupy or maintain any permanent, temporary or portable building
or structure in the City, or cause the same to be done, or to engage in any
excavating or grading, or cause the same to be done, except as provided in this
Chapter and the codes adopted by this Chapter.
16 - 05.020 Appointment of Building Official
The Community Development Director is designated as the Building
Official for the City, and all references to "Building Official" made in this
Chapter or any codes adopted by this Chapter, shall referred to the Community
Development Director.
16 - 05.030 Permits; Fees.
(a) It shall be unlawful and a misdemeanor for any person to engage
in any work for which a permit is required by this Chapter, or any code
adopted by this Chapter, without first securing such a permit from the
building official. Each applicant for a permit shall pay to the City for
each permit issued, at the time of issuance, such fee as established from
time to time by resolution of the City Council. All schedules of permit
fees contained in any of the codes adopted by reference in this Chapter
are repealed.
(b) The issuance, granting or modification of any permit pursuant to this
Chapter, or any code adopted by this Chapter, shall not be deemed or
construed to be a permit for or approval of any violation of any of the
provisions of this Chapter or any other provision of this Code, or any other
ordinance or regulation of the City, or any development condition imposed by
the City, and any permit purporting to give authority to violate, contradict or
cancel any of the provisions of this Chapter or any other Code provision,
ordinance, regulation or development condition of the City shall be invalid.
(c) Prior to the issuance of any permit pursuant to this Chapter, the
building inspectors shall first obtain a zoning clearance from the Community
Development Director certifying that the project as shown on the construction
drawings complies with all applicable zoning regulations and development
conditions. The zoning clearance shall not constitute a representation or
warranty by the City to the owner of the property or to any other person with
respect to the statements contained therein, nor shall the issuance of a zoning
clearance prevent the City from enforcing any zoning regulation or
development condition if a violation of the same is later found to exist.
(d) The issuance, granting or modification of any permit pursuant to this
Chapter, or any code adopted by' this Chapter, shall not be deemed or
construed to be a permit for or approval or any modification of building or site
plans previously approved by the City or development conditions imposed by
the City, unless such modification is approved in accordance with Section 16-
05.035 of this Article, and any permit purporting to give authority to modify
any such building plans, site plans or development conditions shall be invalid.
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(e) Every application for a permit pursuant to this Chapter shall contain an
agreement by the applicant to defend, indemnify and hold the City and its
officers, officials, boards, commissions, employees and volunteers harmless
from and against any and all claims, demands, actions, expenses or liabilities
arising from or in any manner relating to the performance of the work
authorized by the permit or the failure to comply with any terms or conditions
of the permit.
(f) Unless otherwise specifically designated, all references to "permit" or
"permits" under the provisions of this Article shall mean and include building,
plumbing, electrical, mechanical, grading and moving permits.
(g) The building official shall not issue any permit to any person who has
failed to correct any previous violation of any of the provisions of this Chapter,
or any code adopted by this Chapter, or any other provision of this Code
relating to the project, after notification of the same, until such time as all such
previous violations have been satisfactorily corrected; provided, however, the
building official may issue such permit if the violation is being corrected and
will be completed by a time designated by the building official.
16 - 05.035 Modification of building plans and development
conditions.
No modification shall be made to any building or site plans previously
approved by the City or to any development conditions imposed by the City,
unless such modification has been approved as follows:
(a) Where the modification does not result in any exterior change to a
structure or material change to an approved site plan, and does not otherwise
violate or change any development condition relating to the project, the
modification may be approved by the building official.
(b) Where the modification involves any change to a development
condition, the modification shall be subject to approval by the Planning
Commission if the condition was originally imposed by the Commission or by
the City Council on appeal, or subject to approval by the Community
Development Director 'if the condition was originally imposed by said Director.
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(c) Any modification which is not described in either subsection (a) or
subsection (b) of this Section shall be referred to the Community Development
Director for disposition as follows:
(1) If the project was originally approved by the Community Development
Director, the modification may be approved by said Director.
(2) If the project was originally approved by the Planning Commission, or
the City Council on appeal, the modification shall require approval by the
Planning Commission if such modification results in any material change to
the project or any adverse impact upon the surrounding area; otherwise, the
modification may be approved by the Community Development Director. A
material change shall include, but is not limited to, any ascertainable change in
the size, height or elevations of a structure or its placement upon the site; any
change in the approved elevation of a building pad; any ascertainable change in
the location or design of access roads, driveways or parking areas; or any
change in a specific requirement of an approved grading plan or landscape
plan.
16 - 05.040 No liability of City.
This Chapter shall not be construed as imposing upon the City any
liability or responsibility for damages resulting from defective building,
plumbing, electrical or mechanical work; nor shall the City or any employee or
official thereof be held to assume any such liability or responsibility by reason
of any inspection authorized by this Chapter.
16 - 05.050 Violations and penalties.
(a) Every person, as principal, agent or otherwise, who violates, or fails,
neglects or refuses to comply with any provision of this Chapter, or any code
adopted by this Chapter, shall be deemed guilty of a misdemeanor and shall be
subject to all of the penalty and enforcement provisions as set forth in Chapter
3 of this Code.
(b) In addition to other penalties for the violation of any provision of this
Chapter, or any code adopted by this Chapter, any building or other structure
erected, constructed, enlarged, altered, repaired, moved, improved, removed,
converted, demolished, equipped, used, occupied, or maintained contrary to
the provisions of this Chapter, or any use of any land, building or structure
conducted, operated or maintained contrary to the provision of this Chapter,
or any condition caused or permitted to exist in violation of any of the
provisions of this Chapter shall be deemed a public nuisance and may be
summarily abated as such. In addition, the City Attorney shall, upon order of '
the City Council, immediately commence action or proceeding for the
abatement and removal or enjoinment thereof in the manner provided by law
and shall take such other steps as may be necessary or appropriate to abate and
remove any such building, structure, condition or use constituting a public
nuisance and to restrain and enjoin any person from erecting, constructing,
enlarging, altering, repairing, moving, maintaining or using such building or
structure, or using any property in the City, contrary to the provisions of this
Chapter.
(c) The remedies provided for in this Section shall be cumulative and not
exclusive.
SECTION 2. Article 16 - 15 of the Saratoga Municipal Code is hereby
amended in its entirety to read as follows:
ARTICLE 16-15
BUILDING CODE
16 - 15.010 Adoption of Uniform Building Code.
The 1997 Edition of the Uniform Building Code Vol I, Vol II and Vol
III, including appendix Chapters 3, 15, 18, 31 Div. II, 31 Div. III, 33 and 34,
Div. III, only, as compiled and published by the International Conference of
Building Officials and amended by the State of California, hereinafter referred
to as the "Building Code," is hereby referred to and, except as to additions,
deletions and amendments hereinafter noted, such Code is hereby adopted and
made a part hereof, the same as if fully set forth in this Article, and shall be the
Building Code of the City. However, in accordance with California
Government Code Section 50222.4, no penalty clauses are adopted by
reference. In accordance with California Health and Safety Code Section
17958.7, express findings that modifications to the Building Code are
reasonably necessary because of local climatic, geological or topographical
conditions are either already on file with the California Building Standards
Commission, or will be filed prior to the effective date of this Ordinance. In
accordance with California Government Code Section 50022.6, at least one
true copy of the Building Code has been on file with the City Clerk since
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fifteen days prior to enactment of this Ordinance. While this Ordinance is in
force, a true copy of the Building Code shall be kept for public inspection in
the office of the City Clerk. A reasonable supply of the Building Code shall be
available in the office of the City Clerk for public purchase.
16 - 15.020 Additions, deletions and Amendments.
The additions, deletions and amendments set forth in this article are
hereby made to the Building Code, as adopted by reference in section 16 o
15.010.
16 - 15.030 Section 106.4.2 is amended concerning
Retention of Plans.
Sections 106.4.2 and 106.4.4 of the Building Code are hereby amended
to read as follows:
Sec. 106.4.2. Retention of Plans. One set of reviewed plans and
specifications shall be returned to the applicant and shall be kept on the site of
the building or work at all times during which the work authorized thereby is
in progress. One set of reviewed plans, specifications and computations shall
be retained by the building official as part of his permanent records.
Sec. 106.4.4 Expiration. Every permit issued by the building official under
the provisions of the technical codes shall expire by limitation and become null
and void, if the building or work authorized by such permit is not commenced
within one hundred eighty days from the date of such permit, or if the building
or work authorized by such permit is suspended or abandoned at any time
after the work is commenced for a period of one hundred eighty days, or if the
permittee fails or refuses to request an inspection pursuant to this Code within
any period of one hundred eight), consecutive days after the work authorized
by the permit is commenced. Before such work can be recommenced, a new
permit shall be first obtained to do so, provided no changes have been made or
will be made in the original plans and specifications for such work; and
provided further that such suspension or abandonment has not exceeded one
year. The fee for issuance of such new permit shall be one-half of the full
permit fee if the new permit is issued within one hundred eighty days after
expiration of the prior permit, or the full permit fee if the new permit is issued
more than one hundred eighty days after such expiration, based upon the fee
schedule adopted by the City Council as of the time the new permit is issued;
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provided, however, upon written request by the applicant showing, to the
satisfaction of the building official, that the prior permit expired as a result of
exceptional circumstances beyond the reasonable control of the applicant, the
building official may waive the payment of a fee for issuance of the new
permit.
Where a permit has expired in accord with the foregoing, and the building,
structure, or other work authorized by such permit has not been completed, if
a new permit for such work is not obtained within thirty days thereafter, said
building, structure, or work shall be conclusively presumed to be abandoned
and a hazard to the public health, safety and welfare, and subject to all of the
provisions of Section 102 of Chapter 2 of this Code.
§16-15.040. Section 107.2 amended concerning Permit Fees.
Section 107.2 of the Building Code is hereby amended to read as
follows:
Sec. 107.2 Permit Fees. The amount of the fees to be paid for each permit
shall be established by resolution of the City Council.
§16-15.050. Section 107.3 is amended concerning Plan Review Fees.
Section 107.3 of the Building Code is hereby amended to. read as
follows:
Sec. 107.3 Plan Review Fees. When a plan or other data is required to be
submitted by Section 106.3.2, a plan review fee shall be paid at the time of
submitting plans and specifications for review. Said plan review fee shall be
established by resolution of the City Council.
Where plans are incomplete or changed so as to require additional plan review,
an additional plan review fee shall be charged as established by resolution of
the City Council.
§ 16-15.060. Section 107.5.2 is amended concerning Investigation Fees.
Section 107.5.2 of the Building Code is hereby amended to read as
follows:
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Sec. 107.5.2 Fee. An investigation fee, in addition to the permit fee, shall be
collected whether or not a permit is then or subsequently issued. The
investigation fee shall be equal to the amount of the permit fee required by this
code. The minimum investigation fee shall be the same as the minimum fee
set forth in the permit fee schedule established by resolution of the City
Council. The payment of such investigation fee shall not exempt any person
from compliance with all other provisions of this code or the technical codes
nor from any penalty prescribed by law.
{}16-15.070. Section 403.2.1.1 is added concerning Automatic
Sprinklers.
Section 403.2.1.1 is hereby added to the Building Code, to read as
follows:
Sec. 403.2.1.1 Garage Sprinklers. In each of the following cases, a garage
for the parking of motor vehicles shall be equipped with an automatic sprinlder
system:
1. Any newly constructed attached or detached garage.
2. Any existing garage that constitutes a portion of an existing dwelling
which is altered, added to, or expanded so as to increase the floor space under
roof by fifty percent or more of the amount of floor space under roof
immediately prior to such alteration, repair, addition, or expansion. For the
purposes of this paragraph, any alteration, repair, addition or expansion shall
be considered as equaling or exceeding the above fifty percent limit where the
work of construction or improvement is done at different time intervals
requiring two or more building permits within a period of five years after
completion of the first improvement, where although each is for a project
encompassing an addition of less than fifty percent of increased floor space, but
which when combined with other expansions dUring said five year period of
time, increased the amount of floor space under roof by fifty percent or more
of that amount which existed immediatelY prior to the commencement of the
first of the several alterations, repairs, additions or expansions.
3. Any existing garage which is altered, added to, or expanded so as to
increase the size of such garage by either 200 or more square feet or thirty-
three or more percent of the original size, whichever is less.
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The area of a garage shall include all contiguous a?eas within the structure
utilized for workshop or storage purposes which are not constructed as
habitable space in accordance with the requirements of this Code, whether or
not such contiguous areas are designed or utilized for the storage of motor
vehicles.
Any automatic sprinlder system installed pursuant to this Section shall comply
with the standards set forth in National Fire Protection Association Document
13D.
All garage sprinlder systems installed pursuant to this Section shall be equipped
with water flow switches that are connected to audible warning devices of
sufficient number and adequately located within the dwelling so as to cause,
when activated, a level of audibility of not less than fifteen decibels above
ambient noise levels measured four feet above the floor with bedroom doors
closed. If the dwelling serviced by the garage in which a sprinlder system is
being installed is required to be equipped with an early warning fire alarm
system pursuant to Chapter 16, Article 16-60 of the Saratoga Municipal Code,
the water flow switches referred to herein shall also be connected to the digital
alarm communicator transmitter or the fire alarm control panel described in
Section 16-60.020 of said Code. However, if the dwelling serviced by the
garage is not equipped with such early warning fire alarm system, the water
flow switches shall be connected to an outside audible alarm that will cause,
when activated, a level of audibility at the property line nearest the alarm of
not less than fifteen decibels above the ambient noise level at such property
line. The provisions contained herein shall apply to both attached and
detached garages.
§16-15.100. Section 1503.1 added concerning Roof Covering.
Section 1503.1 of the Building Code is hereby amended to read as
follows:
Sec. 1503.1 Roof Covering. Roofs shall be as specified in this code and as
otherwise required by this Chapter
The foregoing provisions notwithstanding, roof coverings on all buildings and
structures hereafter erected or constructed in the City, shall be fire-retardant,
and shall comply with the standards established for Class A roofing. All
replacement roofs for existing buildings and structures shall comply with this
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requirement, except that a replacement of less than 10 percent of the total roof
area shall be exempt.
§16-15.110. Section 1900.4.4 is amended concerning Concrete Slabs.
Section 1900.4.4 of the Building Code is hereby amended to read as
follows:
Sec. 1900.4.4 General. The minimum thiclmess of concrete floor slabs
supported directly on the ground shall be not less than 3-1/2". The slab shall
be reinforced with not less than six inches ten-gauge wire mesh or an approved
alternate installed at mid height of the slab.
§16-15.120. Section 2320.11.3, Item 5 is deleted and Item 7, is
amended, concerning Gypsum Board.
Section 2320.11.3, Item 5, of the Building Code is hereby deleted.
Section 2320.11.3, Item 7 of the Building Code is hereby amended to read as
follows:
Sec. 2320.11.3, Item 7. Portland cement plaster on studs spaced 16 inches
on center installed in accordance with Table No. 25-I. Limited to single story
structure of R-3 and U-1 occupancies.
Findings:
The entire Silicon Valley is located in a highly seismic zone. Gypsum
wallboard and exterior portland cement plaster have performed poorly during
recent California seismic events. The shear values of gypsum wallboard and
portland cement stucco contained in the code are based on mono-directional
testing. It is appropriate to limit the use of these products until cyclic load
testing is performed and evaluated.
§ 16-15.130 Table A-33-A of Appendix Chapter 33 is amended
concerning Plan Check Fees
Table A-33-A of Appendix Chapter 33 of the Building Code is amended
read as follows:
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Table A-33-A
Plan checking fee. For excavation and fill on the same site, the fee shall be
based on the total combined volume of the excavation and fill, whichever is
greater. Before accepting a set of plans and specifications for checking, the
building official shall collect a plan checlcing fee in an amount as established
from time to time by resolution of the City Council. Separate permits and fees
shall apply to retaining walls or major drainage structures, as indicated
elsewhere in this Code. There shall be no separate charge for standard terrace
drains and similar facilities. The plan checking fee for a grading permit
authorizing additional work to that under a valid permit shall be the difference
between the fee paid for the original permit and the fee shown for the entire
project.
§ 16-15.140. Table A-33-B is amended concerning Grading permit Fees.
Table A-BB-B of the Building Code is hereby amended to read as
follows:
1. Grading permit fees. A fee for each grading permit shall be paid to the
building official, in such amount as established from time to time by resolution
of the City Council. The fee for a grading permit authorizing additional work
to that under a valid permit shall be the difference between the fee paid for the
original permit and the fee shown for the entire project.
2. Special fees. The building official may engage the services of geologists,
engineering geologists, soils engineers, foresters, and landscape architects as he
determines to be necessary to review grading plans and activities. The cost of
such services shall be charged to and paid by the applicant.
§16-15.150. Section 3311 of Appendix Chapter 33 amended concerning
Grading Bonds.
Section 3311 of Appendix Chapter 33 of the Building Code is amended
to read as follows:
Sec. 3311 Grading Bonds. Every permittee shall be required to post a cash
or surety bond with the City in an amount sufficient to cover the cost of the
grading project, including corrective work necessary to eliminate any hazardous
conditions, to ensure that the work will be completed strictly in accord with
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the approved plans and specifications. Each bond shall ensure that the
permittee shall comply with all the provisions of this Code and all other
applicable laws and ordinances, that he will comply with all the terms and
conditions of the permit to the satisfaction of the building official and that he
will complete the work within the time limits as specified in the permit. In the
event of any failure to complete the work or failure to comply with all the
conditions and terms of the permit, the building official may order the work
required by the permit to be completed to his satisfaction, and the surety shall
continue to be firmly bound under a continuing obligation for the payment of
all necessary costs and expenses that may be incurred or expended by the City
in causing all such work to be done, including engineering fees and attorney's
fees.
§ 16-15.160 Section 3316 of Appendix Chapter 33 amended concerning
Erosion Control.
Section 3316 of Appendix Chapter 33 of the Building Code is amended
to read as follows:
Sec. 3316.1 Slopes. The faces of cut and fill slopes shall be
prepared and maintained to control against erosion. All cut and fill
surfaces subject to erosion shall be planted with ground cover which is
compatible with the natural ground covers in the City and which will
thrive with little maintenance. Earth slopes shall be contour graded to
encourage landscaping. Cut and fill along public roads may be required
to be landscaped to blend into the natural surroundings. Plants used
shall be at heights which will not obstruct vehicular sight distances on
city streets, as determined by the building official. All plant materials
shall be satisfactory to the building official. The protection of the slopes
shall be installed as soon as practicable and prior to calling for final
grading approval. When cut slopes are determined by the building
official not to be subject to erosion due to the erosion resistant character
of the materials, planting precautions may be omitted.
Sec. 3316.2 Other devices. Where necessary, check dams, cribbing, riprap
or other methods shall be employed to control erosion and provide safety.
§ 16-15.170 Section 3319 is added tO Appendix Chapter 33 concerning
General Provisions
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Section 3319 is added to Appendix Chapter 33 of the Building Code, to
read as follows:
Sec. 3319 Restricted hours, a) Unless specifically exempted, grading will be
restricted to the hours between 7:30 a.m. and 6:00 p.m., Monday through
Friday, except in the event of an emergency which imperils the public safety.
The building official may grant an exemption upon his determination of an
emergency.
b) Dust and dirt control. Graded surfaces shall be wetted or suitably contained
to prevent public nuisance from dust or spillage on City streets or adjacent
properties. Equipment, materials and roadways on the site shall be used in a
manner or treated to prevent excessive dust conditions.
c) Effect of prior site development plan approval. Where a site development
plan has already been approved by the advisory agency under Section 14-
25.100 of the Subdivision Ordinance, and such site development plan has been
made a part of the improvement plans, the improvement agreements and the
bonding requirements of the Subdivision Ordinance, and final map has been
approved and recorded, the requirements of this Code relating to plans and
specifications, geologic engineering reports, soil engineering reports and bonds
shall be deemed to have been complied with as to any excavation or grading
work done in accord with such previously approved site development plan. In
the event of any change in the site development plan as to any lot, site or
parcel from the approved site development plan, the provisions of this Code
shall thereafter be applicable, and a separate grading plan, grading permit,
permit fee and bond shall be required therefor.
d) Special precautions. If the building official determines by inspection that
the nature of the formation is such that further work as authorized by the
existing permit is likely to endanger any property or public way, the building
official may, as a condition of work, require reasonable safety precautions to
avoid the likelihood of danger. Such measures as flatter exposed slopes,
additional drainage facilities, berm, terracing, compaction, cribbing or
installation of plant materials for erosion control may be required. If storm
damage is anticipated, work may be stopped until temporary planting,
structures or other temporary measures have been taken to control erosion and
protect adjoining property.
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e) Damaging graded lands. No person shall directly or indirectly damage or
destroy any ground cover, planting, berm, drainage terraces, ditches, swales,
riprap or other drainage structures and erosion controls which are planted or
constructed pursuant to this Code, or in accord with any of the regulations or
requirements of the building official or the Planning Commission, or pursuant
to any site development plan filed in accord with the Subdivision Ordinance of
the City.
f) Compliance with other ordinances. The building official shall not issue 'a
grading permit for any grading as a building lot or site unless all proposed uses
shown on the grading plans for the lot or site will comply with all applicable
provisions of both the Zoning Ordinance and Subdivision Ordinance of the
City, and with all other provisions of this Code, or unless such grading and the
proposed uses are consistent with the General Plan. Any grading permit issued
in violation of this Section shall be void and of no force and effect.
§ 16-15.180 Section 3309.1.1 is added concerning general Requirements.
Section 3309. I. 1 is hereby added to the Building Code to read as
follows:
Sec. 3309.1.1 General Requirements. Notwithstanding any provision of
the Building Code to the contra.I-y, a grading permit shall be required for any
increase or decrease in the elevation of any portion of a lot by more than one
foot, except for changes in elevation for the construction or installation of any
building foundation, basement, pool or other structure for which a building
permit has been issued by the City and the excavated material is removed from
the site.
§16-15.190 Section 3309.4 of Appendix Chapter 33 is added concerning
grading permit requirements.
Subsection (8), (9), (10) and (11) are added to Section 3309.4 of
Appendix Chapter 33 of the Building Code to read as follows:
(8) Location of any buildings or structures and trees over twelve inches in
diameter, as measured twenty-four inches from natural grade, on the property
where the work is to be performed and the location of any building or
structures on lands of adjacent owners which are within the minimum setback
of the adjacent property, as specified in the City's zoning regulations, or which
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may be affected by the proposed grading operations. Specifications shall
contain information covering construction and material requirements.
(9) Estimate of the quantity of excavation or fill involved and estimated
commencement and completion dates.
(10) Indication of the area of vegetation to be removed.
(11) Provisions for erosion control.
§ 16-15.200 Section 3315 of Appendix Chapter 33 amended concerning
drainage and terracing.
Subsections (f) and (g) are added to Section 3315 of Appendix Chapter
33 to read as follows:
(f) Each lot and building site shall be graded to drain all storm and other
surface waters to the nearest storm drain or other drainage outlet approved by
the building official. All runoff from roofs, decldng, paving and other surface
water collectors, whether natural or artificial, may be required by the building
official to be centrally collected and drained through enclosed pipe or other
conduit to onsite or off-site drainage outlets or storm drains.
(g) The plans and specifications required by Section 302(b) of the Building
Code shall include a drainage plan depicting thereon both existing and
proposed grades, and all proposed drainage facilities, unless such requirement is
waived by the building official. All grading and drainage facilities shall be
completed and installed prior to final inspection, and the building official may
require certification from the owner, the contractor or qualified engineer, that
all finished grades are in compliance with the approved plans. Neither
approval of such drainage plans nor approval of the completed facilities on
final inspection shall constitute any representation as to the adequacy of soil or
slope stability, nor adequacy of surface or sub-surface drainage controls, nor
that any soil or water-related damage will occur to the site or to any adjoining
property. Maintenance of all on-site drainage facilities, whether or not
ultimately connected to a public storm drain, shall be the sole responsibility of
the property owner and not the City.
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§ 15-15.210 Section 3309.3 of appendix Chapter 33 amended concerning
grading designation.
Section 3309.3 of Appendix Chapter 33 of the Building Code is
amended to read as follows:
(b) Grading Designation. All grading in excess of 1,000 cubic yards shall be
performed in accordance with the approved grading plan prepared by a civil
engineer, and shall be designated as "engineered grading." Grading involving
less than ! ,000 cubic yards shall be designated as "regular grading" unless the
permittee, with the approval of the building official, chooses to have the
grading performed as "engineered grading."
§ 16-15.220 Section 3319 added to ApPendix Chapter 33 concerning
driveways.
Section 3319 is added to Appendix Chapter 33 of the Building Code, to
read as follows:
Sec. 3319. Driveways. Unless otherwise recommended in the approved soil
engineering or geology report, driveways shall conform to the provisions of this
Section.
(a) Gradient. Maximum driveway gradient shall not-exceed eighteen
percent for more than fifty feet.
(b) Construction standards
1. Driveways to structures with less than a thirty-five foot setback have no
conditions placed on their construction.
2. Driveways to structure with more than a thirty-five foot setback shall
comply with the following conditions:
a. The driveway must be at least fourteen feet wide with a one foot
shoulder on each side.
b. The driveway must have a minimum curve radius of forty-two feet.
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c. If the finished surface slope is twelve and one-half percent or less, the
driveway must have at least a six inch aggregate base and a double-coat oil and
screening surface.
d. If the finished surface slope is twelve and one-half to fifteen percent
slope, the driveway must have at least a six inch aggregate base and a two inch
asphalt concrete surface.
e. If the finished surface slope is fifteen to eighteen percent, the driveway
must have at least a six inch aggregate base and four inch rough-surface
concrete surface.
f. A turnaround at the end of a driveway must have at least a thirty-two
foot radius or an equivalent approved by the fire department.
g. The driveway must have a centerline perpendicular to the street right-of-
way at the point of their intersection or present a minimum forty-two foot
effective inside radius to vehicles departing or entering the public street from
both sides.
3. All bridges and driveway structures shall be designed to sustain a
minimum of thirty-five thousand pounds dynamic loading.
§16-15.230 Section 3320 added to Appendix Chapter 33 concerning
stockpiling.
Section 3320 is added to Appendix Chapter 33 of the Building Code, to
read as follows:
Sec. 3320. Stockpiling
(a) If the grading consists only of the depositing and storing of fill material
on a site, the building official may issue a temporary grading permit, to be
designated a stockpiling permit, permitting the stockpiling of such fill materials
without complete compaction, for a limited period of time. The building
official shall determine the location, amount and length of time stockpiled
material may remain on a site.
17
(b) The building official shall require a cash bond from the applicant, as a
condition precedent to the issuance of a stockpiling permit, guaranteeing the
removal or the ultimate proper compaction of the fill material. No plan
checldng fee shall be required for a stockpiling permit, except at such time as,
at the expiration of such stockpiling, the permittee submits plans to obtain a
grading permit to complete the installation and compaction of such fill
material.
SECTION 3: Article 16-20 of the Saratoga Municipal Code is amended in its
entirety to read as follows:
ARTICLE 16-20
FIRE CODE
§16-20.010 Adoption of the California Fire Code.
There is hereby adopted by the City of Saratoga for the purpose of
prescribing regulations governing conditions hazardous to life and property
from fire or explosion, that certain code known as the 1998 California Fire
Code and also the 1997 Uniform Fire Code, including Appendix Chapters I-C,
II-A, II-B, II-D, II-F, II-I, II-J, III-A, III-B, V-A, VI-A, VI-B, VI-C, and the
Uniform Fire Code Standards as published by the International Fire Code
Institute, being particularly the 1997 Editions thereof and the whole thereof
(the Fire Code), save and except such portions as are hereinafter deleted,
modified or amended by this ordinance, and the same adopted and
incorporated as fully as if set out at length herein, and from the date on which
this ordinance shall taken effect, the provisions thereof shall be controlling
within the limits of the City of Saratoga, and shall be the Fire Code of the City
of Saratoga. However, in accordance with California Government Code
Section 50222.4, no penalty clauses are adopted by reference. In accordance
with California Health and Safety Code Section 17958.7, express findings that
modifications to the Fire Code are reasonably necessary because of local
climatic, geological or topographical.conditions are either already on file with
the California Building Standards Commission, or will be filed prior to the
effective date of this Ordinance. In accordance with California Government
Code Section 50022.6, at least one true copy of the Fire Code has been on file
with the City Clerk since fifteen days prior to enactment of this Ordinance.
While this Ordinance is in force, a true copy of the Fire Code shall be kept for
public inspection in the office of the City Building Official and the City Fire
18
Chief. A reasonable supply of the Fire Code shall be available in the office of
the City Clerk for public purchase.
§ 16-20.020. Establishment of limits of districts in which storage of
flammable or combustible liquids in outside
aboveground tanks is prohibited.
The limits referred to in Sections 7902.2.2.1 and 7904.2.5.4.2 of the
Fire Code, in which the storage of flammable or combustible liquids in
aboveground tanks is prohibited are hereby established as all locations of the
City of Saratoga that are residential or congested commercial areas.
§ 16-20.030. Establishment of limits in which storage of liquefied
petroleum gasses is prohibited.
The limits referred to in Section 8204.2 of the Fire Code, in which
storage of liquefied petroleum gas is restricted, are hereby established as all
locations of the City of Saratoga that are residential or congested commercial
areas except for gasoline service stations.
§ 16-20.040. Establishment of limits of districts in which the
storage of explosives and blasting agents is to be
prohibited.
The limits referred to in Section 7701.7.2 of the Fire Code, in which the
storage of explosives and blasting agents is prohibited, are hereby established as
the City limits of the City of Saratoga.
§ 16-20.050. Establishment of limits of districts in which the
storage of compressed natural gas is to be prohibited.
The limits referred to in Section 5204.5.2 of the Fire Code, in which the
storage of compressed natural gas is prohibited, are hereby established as all
locations of the City of Saratoga that are residential or congested commercial
areas.
§ 16-20.060. Section 103.3.2.4 added concerning final inspection.
Section 103.3.2.4 is added to read as follows:
19
103.3.2.4 Final Inspection. No final inspection as to all or any portion of
a development shall be deemed completed until the installation of the required
fire protection facilities and access ways have been completed and approved.
No final certificate of occupancy may be granted until the Fire Department
issues notice of final clearance to the Building Department.
§ 16-20.070. Section 103.4.7 added concerning abatement of
hazard.
Section 103.4.7 is added to read as follows:
103.4.7 Abatement of Hazard.
(a) The maintenance of real property in violation of this code, or of
any order of the Fire District pursuant hereto, is declared to be a public
nuisance and is subiect to abatement in accordance with Article 3-15 of the
Saratoga Municipal Code.
(b) Notwithstanding paragraph (a) of this Section, if real property is
maintained in violation of this code or any order of the Fire District pursuant
hereto and such violation constitutes, in the opinion of the Fire Chief, a fire
hazard of such a nature that immediate action is required to protect the public
health, safety and welfare, the Fire District may apply the emergency nuisance
abatement procedure set 'forth in Article 3-20 of the Saratoga Municipal Code
and take all necessary and immediate steps to abate the hazard without prior
notice to the owner or occupant of the property. In such an event, the Fire
Chief shall perform the duties of the City Manager as described in said Article
3-20.
(c) The cost of any abatement may be collected through the levy of a
special assessment in accordance with the applicable provisions of Article 3-15
or Article 3-20 of the Saratoga Municipal Code. Such procedure is not
intended to be exclusive and the City or the fire district may simultaneously or
successively, exercise any other rights and remedies provided by law.
20¸
§ 16-20.080. Section 105.2.1.1 added concerning permit fees.
Section 105.2.1.1 is added to read as follows:
105.2.1.1 Permit Fees. The Council may, by resolution, establish a schedule
of fees to be charged and collected by the City for the issuance of any such
permits required under the provisions of this code and for the checking and
inspecting services relative to these provisions. A copy of such fee schedule
shall be maintained in the office of the City Engineer and such other locations
as may be deemed necessary for public inspection.
§ 16-20.090. Section 105.8d.3 added concerning day care facility.
Section 105.8 d.3 is added to read as follows:
D.3 Day care facility. To operate a business as a day care facility for more
than 6 people.
§ 16-20.100. Section 105.8f. 6 added concerning fire protection
systems.
Section 105.8 f. 6 is added to read as follows:
f. 6 Fire protection systems. To install, alter or change any fire hydrant
system, fire extinguishing system or fire alarm system.
16-20-110. Section 105.8 i.8 added concerning institutional.
Section 105.8 il 1 is added to read as follows:
il Institutional. To operate, maintain, or use any institutional type
occupancy. For the purpose of this Section, an institution shall be, but is not
limited to: hospitals, children's home, home or institution for insane or
mentally retarded persons, home or institution for the care of aged or senile
persons, sanitarium, nursing or convalescent home, certified family care homes,
residential care homes for the elderly, out of home placement facilities, halfway
house, and day care nurseries or similar facility of any capacity.
21
16-20.120. Section 105.9 added concerning permit fees.
Section 105.9 is added to read as follows:
105.9 Permit Fees. Fees shall be paid to the Fire Department as follows:
ONE TIME FEE
1. Permit fees and plan review fees for fire hydrant
systems, fire extinguishing systems, fire alarm
systems shall be charged in accordance with
Section 107 of the Building Code. For the
purposes of determining the fee amount, the
total valuation shall be limited to the value of
the system for which the permit is being issued.
2. Additional reinspections $30.00 each
3. Tents in excess of 200 sq. ft. or canopies in $85.00
excess of 400 sq. ft. (or for each permit)
4. Job site consultation as determined by the Fire $50.00 Man Hour/1 Hour
Chief Minimum
ANNUAL FEES
1. Institutional permits
A. Over 50 persons $115.00
B. More than 6 persons $85.00
2. Day Care Facilities
More than 6 clients $40.00
3. Places of Assembly
A. 50-300 persons $60.00
B. Over 300 persons $100.00
22
§ 16-20.130. Section 903.3 amended concerning water supply type.
Section 903.3 is amended to read as follows:
903.3. Type of Water Supply. Water supply is allowed to consist of
reservoirs, pressure tanks, elevated tanks, water mains or other f'Lxed systems
capable of providing the required fire flow. In setting the requirements for fire
flow, the chief may be guided by Appendix III-A.
Where water supplies available for fire protection do not meet the
requirements of Appendix III-A, an approved (approved means as approved by
the Fire Chief) automatic fire sprinlder system installed throughout the
building will be an acceptable alternate to all or a portion of the water supply
required, as determined by the Chief, provided that a sprinlder system is not
otherwise required by this code or the Building Code.
§ 16-20.140. Section 1003.1.2 amended concerning standards.
Section 1003.1.2, is amended to read as follows:
1003.1.2. Standards. Fire extinguishing systems shall comply with the
Building Code. Fire sprinlder systems required by the Fire Code, as amended,
shall be installed in accordance with National Fire Protection Association
(NFPA) Standards, as referenced in the Building Code and Fire Department
Standards.
§ 16-20.150. Section 1003.2.2 item 6, added concerning fire flow.
Section 1003.2.2, item 6 is added to read as follows:
6. In all new buildings where the fire flow for the building, in
accordance with Appendix III-A, exceeds 2,000 gallons per minute Or, is three
(3) or more stories in height or, the floor area exceeds 10,000 square feet.
§ 16-20.160. Section 1003.2.2, item 7, added concerning fire flow.
Section 1003.2.2, item 7, is added to read as follows:
7. In all existing buildings when modifications are made that
increase the fire flow, in accordance with Appendix III-A, to more than 2,000
23
gallons per minute, or increase the number of stories to three (3) or more, or
increase the floor area to more than 10,000 square feet.
§ 16-20.170. Section 1007.1.3. added concerning monitoring of fire
extinguishing systems.
Section 1007.1.3 is added to read as follows:
1007.1.3 Monitoring of fire extinguishing systems. When a fire alarm
system is installed in a building, the system shall monitor all fire extinguishing
systems. Activation of any fire extinguishing system shall send an alarm signal
to the fire alarm control panel and initiate the alarm signaling devices.
§ 16-20.180. Section 1107.3 added concerning immersion heaters.
Section 1107.3 is added to read as follows:
1107.3 Immersion heaters. All electrical immersion heaters used in dip
tanks, sinks, vats and similar operations shall be provided with approved over-
temperature controls and low liquid level electrical disconnects. Manual reset
of required protection devices shall be provided.
§ 16-20.190. Section 5202.4.4.2 amended concerning nozzles.
Section 5202.4.4.2 first and second paragraphs, are amended to read as
follows:
5202'.4.4.2 Nozzles. A listed automatic-closing type hose nozzle valve with a
latch-open device shall be provided on island-type dispensers used for
dispensing Class I, II or III-A liquids.
Overhead-type dispensing units shall be provided with a listed
automatic-closing-type hose nozzle valve with a latch-open device.
§ 16-20.210. Section 7902.2.2.1 amended concerning above ground
tanks.
24
Section 7902.2.2.1 is amended to read as follows:
7902.2.2.1 Locations where above ground tanks are prohibited. The
storage of Class I, II and III-A liquids in aboveground tanks outside of
buildings is permitted only in locations not prohibited by this ordinance, or as
otherwise approved by the Chief, and shall be installed as follows:
1. Double wall steel aboveground tanks may be used for the storage
of Class II liquids, including integral diesel fuel storage tanks for generators or
fire pumps, which are listed and limited to an individual or aggregate capacity
of 660 gallons. Tanlcs shall be located a minimum of ten (10) feet from any
building and a minimum of twenty (20) feet from a property line which is or
can be built upon.
2. Protected aboveground storage tanks may be used to store diesel
fuel used to power generators or fire pumps and shall not exceed 4,000 gallons
individual capacity or 16,000 gallon aggregate capacity. Tanks shall be
installed in accordance with Appendix II-F as amended per this code.
3. The storage of class I and II liquids in protected aboveground
storage tanlcs used for dispensing fuel for motor vehicles is allowed when
approved by the Fire Chief. Such tanks shall be installed and maintained in
accordance with Appendix II-F as amended by this code.
§ 16-20.220. Section 4.1 appendix ii-f amended concerning
aboveground tanks.
Section 4.1 of Appendix II-F is amended to read as follows:
4.1 General. Protected aboveground tanks shall be listed and shall meet the
requirements specified in UFC Standard 79-7, UL 2085 and shall be labeled
accordingly.
§ 16-20.230. Section 4.3 of appendix ii-f amended concerning
primary tanks.
Section 4.3 of Appendix II-F is amended to read as follows:
25
4.3 Size. Primary tanlcs shall not exceed 2,000 gallon individual or 6,000
gallon aggregate capacity.
§ 16-20.240. Section 5 of appendix iii-b amended concerning fire
hydrants.
Section $ of Appendix III-B is amended to read as follows:
SECTION 5 - DISTRIBUTION OF FIRE HYDRANTS
The average spacing between fire hydrants shall not exceed that listed in
Table A-III-B- 1.
EXCEPTION: The maximum spacing of hydrants in commercial areas
shall be 250 feet.
Regardless of the average spacing, fire hydrants shall be located such
that all points on streets and access roads adjacent to a building are within the
distances listed in Table A-iII-B- 1.
§ 16-20.250. Section 16.3 added to appendix ii-a concerning
firebreaks.
Section 16.3 is added to Appendix II-A to read as follows:
16.3 Firebreak Vegetation. When brush or vegetation growth is removed
and cleared away to provide a firebreak as required by this section, suitable
growth which will not form a means of rapidly transmitting fire shall be
planted in such a manner so as to reduce the possibility of erosion.
SECTION 4: Article 16.25 of the Saratoga Municipal.Code is amended
to read as follows:
26
ARTICLE 16-25
PLUMBING CODE
§ 16.25.010 Adoption of Uniform Plumbing Code
The 1997 Edition of the Uniform Plumbing Code, including Appendix
Chapters A, B, C, D, Hi I, J, and K, only, as compiled and. published by the
International Conference of Building Officials and amended by the State of
California, hereinafter referred to as the "Plumbing Code," is hereby referred to
and except as to additions, deletions and amendments hereinafter noted, such
Code is hereby adopted and made a part hereof, the same as if fully set forth in
this Article, and shall be the Plumbing Code of the City. However, in
accordance with California Government Code Section 50222.4, no penalty
clauses are adopted by reference. In accordance with California Government
Code Section 50022.6, at least one true copy of the Plumbing Code has been
on file with the City Clerk since fifteen days prior to enactment of this
Ordinance. While this Ordinance is in force, a true copy of the Plumbing
Code shall be kept for public inspection in the office of the City Clerk. A
reasonable supply of the Plumbing Code shall be available in the office of the
City Clerk for public purchase.
SECTION 5: Article 126-30 of the Saratoga Municipal Code is hereby
amended to read as follows:
ARTICLE 16-30
MECHANICAL CODE
§ 16-30.010 Adoption of Uniform Mechanical Code
The 1997 Edition of the Uniform Mechanical Code, including all
Appendices, as compiled and published by the International Conference of
Building Officials and amended by the State of California, hereinafter referred
to as the "Mechanical Code," is hereby referred to and except as to additions,
deletions and amendments hereinafter noted, such Code is hereby adopted and
made a part hereof, the same as if fully set forth in this Article, and shall be the
Mechanical Code of the City. However, in accordance with California
Government Code Section 50222.4, no penalty clauses are adopted by
reference. In accordance with California Health and Safety Code Section
17958.7, express findings that modifications to the Mechanical Code are
27
reasonably necessary because of local climatic, geological or topographical
conditions are either already on file with the California Building Standards
Commission, or will be filed prior to the effective date of this Ordinance. In
accordance with California Government Code Section 50022.6, at least one
true copy of the Mechanical Code has been on file with the City Clerk since
fifteen days prior to enactment of this Ordinance. While this Ordinance is in
force, a true copy of the Mechanical Code shall be kept for public inspection in
the office of the City Clerk. A reasonable supply of the Mechanical Code shall
be available in the office of the City Clerk for public purchase.
§ 16-30.020 Additions, deletions and amendments.
The additions, deletions and amendments set forth in this Article are
hereby made to the Mechanical Code as adopted by reference in Section 16-
30.010.
§ 16-30.030 Chapters 2 and 3 deleted, administration governed by
Administrative Code
Chapters 2 and 3 of the Mechanical Code are hereby deleted. All
administration of the Mechanical code shall be governed by the Building Code
as adopted in Article 16-15 of this Chapter.
SECTION 6: Article 16-35 of the Saratoga Municipal Code is hereby
amended to read as follows:
ARTICLE 16-35
ELECTRICAL CODE
§16-35.010 Adoption of National Electric Code
The 1996 Edition of the National Electrical Code, compiled by the
National Fire Protection Agency and amended by the State of California,
hereinafter referred to as the "Electrical Code," is hereby referred to and such
code is hereby adopted and made a part hereof, the same as if fully set forth in
this Article, and shall be the Electrical Code of the City. However, in
accordance with California Government Code Section 50222.4, no penalty
clauses are adopted by reference. In accordance with California Government
Code Section 50022.6, at least one true copy of the Electrical Code has been
28
on file with the City Clerk since fifteen days prior to enactment of this
Ordinance. While this Ordinance is in force, a true copy of the Electrical Code
shall be kept for public inspection in the office of the City Clerk. A reasonable
supply of the Electrical Code shall be available in the office of the City Clerk
for public purchase.
SECTION 7: Article 16-40 of the Saratoga Municipal Code is hereby
amended to read as follows:
ARTICLE 16-40
HOUSING CODE
6-40.010 Adoption of Uniform Housing Code
The 1997 Edition of the Uniform Housing Code, as compiled and
published by the International Conference of Building Officials, hereinafter
referred to as the "Housing Code," is hereby referred to and, except as to
additions, deletions and amendments hereinafter noted, such code is hereby
adopted and made a part hereof, the same as if fully set forth in this Article,
and shall be the Housing Code of the City. However, in accordance with
California Government Code Section 50222.4, no penalty clauses are adopted
by reference. In accordance with California Health and Safety Code Section
17958.7, express findings that modifications to the Housing Code are
reasonably necessary because of local climatic, geological or topographical
conditions are either already on file with the California Building Standards
Commission, or will be filed prior to the effective date of this Ordinance. In
accordance with California Government Code Section 50022.6, at least one
true copy of the Housing Code has been on file with the City Clerk since
fifteen days prior to enactment of this Ordinance. While this Ordinance is in
force, a true copy of the Housing Code shall be kept for public inspection in
the office of the City Clerk. A reasonable supply of the HouSing Code shall be
available in the office of the City Clerk for public purchase.
29
§ 16-40.020 Section 401 amended concerning definition of "Health
Officer"
Section 401 of the Housing Code is hereby amended to read as follows:
Sec. 401. "Health Officer" Defined. For the purpose of this Article, the
"Health Officer" shall mean the City Manager. Any of the powers or duties to
be exercised or approvals granted by the Health Officer under this Article may
be delegated by the City Manager, in whole or in part, to the County Health
Department or to such other authorized agents as the City Manager may
designate.
SECTION 8: Article 16-45 of the Saratoga Municipal Code is hereby
amended to read as follows:
ARTICLE 16-45
ABATEMENT OF DANGEROUS BUILDING CODE
§ 16-45.010 Adoption of Uniform Code for the Abatement of Dangerous
Buildings
The 1997 Edition of the Uniform Code for the Abatement of dangerous
Buildings, as compiled and published by the International Conference of
Building Officials, hereinafter referred to as the "Abatement of Dangerous
Buildings Code," is hereby referred to and, except as to additions, deletions
and amendments hereinafter noted, such Code is hereby adopted and made a
part hereof, the same as if fully set forth in this Article, and shall be the
Abatement of Dangerous Buildings Code of the City. However, in accordance
with California Government Code Section 50222.4, no penalty clauses are
adopted by reference. In accordance with California Health and Safety Code
Section 17958.7, express findings that modifications to the Abatement of
Dangerous Buildings Code are reasonably necessary because of local climatic,
geological or topographical conditions are either already on file with the
California Building Standards Commission, or will be filed prior to the
effective date of this Ordinance. In accordance with California Government
Code Section 50022.6, at least one true copy of the Abatement of Dangerous
Buildings Code has been on file with the City Clerk since fifteen days prior to
enactment of this Ordinance. While this Ordinance is in force, a true copy of
the Abatement of Dangerous Buildings Code shall be kept for public inspection
30
in the office of the City Clerk. A reasonable supply of the Abatement of
DangeroUs Buildings Code shall be available in the office of the City Clerk for
public purchase.
§ 16-45.020 Additions, deletions and amendments.
The additions, deletions and amendments set forth in this Article are
made to the Abatement of Dangerous Buildings Code as adopted by reference
in Section 16-45.010.
§ 16-45.025 Section 202 amended concerning abatement procedure.
Section 202 of the Abatement of Dangerous Buildings Code is hereby
amended to read as follows:
Sec. 202. All buildings or portions thereof which are determined after
inspection by the building official to be dangerous as defined in this Code are
hereby declared to be public nuisances and shall be abated by repair,
rehabilitation, demolition or removal in accordance with the procedures
specified in Section 401 of this Code. As an alternative or in addition to such
procedure, the building official or other employee or official of this jurisdiction
may institute any other appropriate action to prevent, restrain, correct or abate
the public nuisance.
§ 16-45.030 Section 204 amended concerning inspection by building
official.
Section 204 of the Abatement of Dangerous Buildings Code is hereby
amended to read as follows:
Sec. 204. All buildings or structures within the scope of this Code and all
construction or work for which a permit is required shall be subject to
inspection by the building official.
§16-45.050 Section 302 amended to include failure to complete
construction.
Section 302 of the Abatement of Dangerous Buildings Code is amended
by adding subsection 19, to read as follows:
31
19. Whenever the construction of any building or structure is not
fully completed within twenty-four months, or such longer period of time as
may be allowed by the building official, from the date on which the building
permit for such building or structure is first issued.
SECTION 9: If any section, subsection, sentence, clause of phrase of this
Ordinance is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of Saratoga hereby declares that it
would have passed this Ordinance and each section, subsection, sentence, clause and
phrase thereof, irrespective of the fact that one or more sections, subsections,
sentences, clauses or phrases may be held invalid or unconstitutional.
SECTION 10: This Ordinance shall take effect immediately upon its
adoption on July 21, 1999, as an urgency ordinance pursuant to Government Code
Section 36937. In addition, this Ordinance shall apply to all permits issued on or
after July 1, 1999 pursuant to provisions of the Saratoga Municipal Code affected by
this Ordinance.
Urgency exists because the California Building Standards Commission
published and adopted the 1997 editions of the Uniform Building Code, Uniform
Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, Uniform Fire Code,
the 1996 edition of the National Electrical Code, and the 1997 editions of the
Uniform Housing Code and Uniform Abatement of Dangerous Buildings Code (the
California State Building Standards Code or Code) in December 1998 and January
1999. Under Section 18938 of the Health and Safety Code, provisions published in
the California Building Standards Code pursuant to Health and Safety Code Section
17922 apply to all occupancies throughout the state and become 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. In
accordance with Health and Safety Code Section 17958.5, if a city has amended the
Code, the amendments also take effect one hundred and eighty days after publication
of the Code by the Commission. The Commission has established that the Code will
take effect July 1, 1999. Portions of the Code adopted by reference in this Ordinance
are amended in accordance with Health and Safety Code'Section 17958.5 based on
findings of the City of Saratoga in accordance with Health and Safety Code Section
17958.7. As a result, an urgent need exists to adopt the Code as amended so that
amendments pursuant to Health and Safety Code Section 17958.5 will apply to
activity under the new Code. The City Clerk shall cause this Ordinance to be
published in accordance with Government Code Section 36933.
- 32
The above and foregoing Ordinance was regularly introduced and thereafter
passed and adopted at the regular meeting of the City Council of the City of Saratoga
held on the 21 st day of Ou] y , 1999, by the following vote:
AYES: Councilmembers Streit, Mehaffey, Vice Mayor Bogosian, MayorShaw
NOES: None
ABSENT: Councilmember Baker
Mayor
ATTEST:
City Cl~erk
June 28, 1999
MSR:gkt/mb
J:\WPDkM N RSW\273\ORD99'0. ORD71.608
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